South Coast Air Quality Management District
South Coast Air Quality Management DistrictGOVERNING BOARD AGENDA
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 September 2001 in Microsoft Word can be downloaded (self extracting compressed) from within the individual Board letter (click on "Attachment" at the end of the letter).
CALL TO ORDER
Opening Comments:
William A. Burke, Ed.D., Chair
Other Board Members
Barry R. Wallerstein, D. Env., Executive Officer
CONSENT CALENDAR (Items 1 through 20)
Note: Consent Calendar items held for discussion will be moved to Item No. 21.
1. Minutes of August 17, 2001 Board Meeting
Dix (909) 396-2500
(jdix@aqmd.gov)
2. Set Public Hearing October 19, 2001 to Adopt Proposed Rule 1634 - Pilot
Credit Generation Program for Truck Stops
Chang (909) 396-3186
(echang@aqmd.gov)
Proposed Rule 1634 will provide opportunities for generation of NOx MSERCs through a pilot credit generation program. Credits can be generated by providing electric power and pre-conditioned air to trucks while at truck stops within AQMD boundaries in lieu of operating their main propulsion or auxiliary diesel engines. NOx MSERCs generated through this program may be used in RECLAIM. (Review: Stationary Source Committee on August 24, 2001.)
Budget/Fiscal Impact
3. Approve Compensation Package for Designated Deputies
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
The recruitment and selection process for Deputy Executive Officer for Public Affairs & Transportation Programs has been completed. This action is to recommend a compensation package for the selected candidate. In addition, the Executive Officer has approved Henry Hogo’s request to transfer to the vacant position of Assistant Deputy Executive Officer for Science & Technology Advancement resulting from the retirement of Mel Zeldin. Mr. Hogo’s transfer created a vacancy in the position of Assistant Deputy Executive Officer for Planning, Rule Development & Area Sources. The recruitment and selection process for this latter position has been completed and this action is to recommend a compensation package for the selected candidate.
4. Execute Three Contracts to Cosponsor Development of Next Generation
Natural Gas Vehicles
Liu (909) 396-2105
cliu@aqmd.gov
The U.S Department of Energy/National Renewable Energy Laboratory (DOE/NREL) issued an RFP to cosponsor development of the "Next Generation of Natural Gas Vehicles" (NGNGV). The purpose of NGNGV is to develop new low emission heavy duty natural gas vehicles for commercialization starting in 2004. Of the highest rated proposals, four were recommended for DOE/NREL funding and three for AQMD funding. Staff proposes executing two contracts with Cummins Westport for $400,000 and $378,715, and one with GFI Control Systems for $140,000. The funding of $918,715 for these three contracts will include $471,541 from AQMD, and $447,174 from CEC to be passed through AQMD. These three contracts will cost a total of $2,774,684 with the remaining balance of $1,855,969 cost shared by the proposers. The Technology Committee reviewed this item on July 27, 2001. Less than a quorum was present during the discussion of this item; the Vice Chair communicated the concurrence of the members present at the meeting and their recommendation that this item be forwarded for Board consideration with no approval or disapproval recommendation from the Committee.
5. Execute Contract for Construction and Maintenance of Fast Fill
Compressed Natural Gas Fueling Station at AQMD Headquarters
Liu (909) 396-2105
cliu@aqmd.gov
AQMD plans to build and operate a new natural gas fueling station at its Diamond Bar facility that can accommodate the growing alternative fuel vehicle fleet at the AQMD and be made public accessible for both light-duty and heavy-duty vehicles. This station will be designed to incorporate advanced gas metering technology as it is proven in the field. The contractor was selected from a competitive invitation to bid solicitation for a turnkey fast fill compressed natural gas fueling station, and provision for 5 years of maintenance service. Pinnacle CNG Company is the qualified low bidder selected by staff as contractor for this project. The Technology Committee reviewed this item on August 24, 2001. Less than a quorum was present during the discussion of this item; the Vice Chair communicated the concurrence of the members present at the meeting and their recommendation that this item be forwarded for Board consideration with no approval or disapproval recommendation from the Committee.
6. Execute Contracts for On-Road Awards Under FY 2000–01 Carl Moyer
Memorial Air Quality Standards Attainment Program
Liu (909) 396-2105
cliu@aqmd.gov
On January 19, 2001, the Board approved the release of an RFP to solicit projects for FY 2000-01 Carl Moyer Memorial Air Quality Standards Attainment Program. This action is to execute contracts to fund on-road heavy-duty vehicles, transit buses and other on-road vehicles. Total cost to the Carl Moyer Program Fund will not exceed $13.4 million. The Technology Committee reviewed this item on August 24, 2001. Less than a quorum was present during the discussion of this item; the Vice Chair communicated the concurrence of the members present at the meeting and their recommendation that this item be forwarded for Board consideration with no approval or disapproval recommendation from the Committee.
7. Execute Additional Contracts to Generate Emissions Credits Under the
State Emissions Mitigation Program
Liu (909) 396-2105
cliu@aqmd.gov
At its July 20, 2001 meeting, the Board established the State Emissions Mitigation Fund to recognize up to $30,000,000 in State funds from the CARB, and approved the first round of emission reduction projects amounting up to $12,447,439. This action was in response to the Governor’s statewide program to mitigate excess emissions from peaker power generation units. Funds transferred from the CARB are for implementation of local projects within the South Coast Air Basin. Staff recommends the expenditure of $6,372,471 from this fund on the second round of emission reduction projects.
In April 2001, the Board approved $3,014,934 for 31 applications received to date under the Alternative Fuels Subvention Fund Match Program as part of the FY 2000-01 AB 2766 Discretionary Fund Work Program. When the program closed June 30, 2001, additional applications had been received. At this time the MSRC requests approval of four eligible applications for infrastructure projects from Orange, Riverside, and San Bernardino Counties. The total amount of these applications is $320,218. The MSRC also requests the authority to adjust project costs up to 5 percent, as previously authorized under other work programs. Turn-back monies from closed contracts will be used to fund the projects.
9. Issue RFP for Legislative Representation in Washington, DC, and Request
Approval to Extend Contract for Legislative Consulting Services in Sacramento,
CA
Abarca (909) 396-3242
(oabarca@aqmd.gov)
Presently, the AQMD contracts for legislative representation in Washington, DC, and Sacramento, CA. Current contracts will expire on December 31, 2001. There is a need to continue direct representation of AQMD policy positions in Washington and Sacramento. This action is to issue an RFP for legislative consulting services in Washington, DC, and Request Approval to Extend Current Contract for Legislative Consulting Services in Sacramento, CA, under One-Year Contract Renewal Option. The Legislative and Administrative Committees reviewed this item on September 14, 2001 and recommended approval.
Information Only - Receive and File
10. Public Affairs Report
Abarca (909) 396-3242
(oabarca@aqmd.gov)
This report highlights the July 2001 activities of the Public Affairs Office which includes the following activities: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, Intergovernmental Affairs, Media Communications, and Transportation Programs. The latest edition of the AQMD Advisor is included with this report.
11. Hearing Board Report
Camarena (909) 396-2500
(ecamarena@aqmd.gov)
This reports the actions taken by the Hearing Board during the period of August 1 through August 31, 2001.
12. Civil Filing and Civil Penalties Report
Mieras (909) 396-3400
(pmieras@aqmd.gov)
This reports the monthly penalties from June 1 through June 30, 2001, and legal actions filed by the District Prosecutor during the period July 1 through July 31, 2001. (Please note one June civil filing.) A glossary explaining the key terms and Index of District's Rules are attached with the penalty report.
13. 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 June 16, 2001 and July 15, 2001 and those projects for which the AQMD is acting as lead agency pursuant to CEQA. The Mobile Source Committee reviewed this item on August 24, 2001.
14. Rule and Control Measure Forecast
Chang (909) 396-3186
(echang@aqmd.gov)
15. Report on Emissions Testing Protocol for Implementation of Rule 1146 -
Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial
Boilers, Steam Generators, and Process Heaters
Chang (909) 396-3186
(echang@aqmd.gov)
The "Protocol for the Measurement of Nitrogen Oxides, Carbon Monoxide and Oxygen From Sources Subject to South Coast Air Quality Management District Rule 1146" will allow the use of portable hand-held analyzers for annual emission testing requirements. The protocol has been developed to reduce compliance costs and to ensure standardization of test procedures.
16. Report on AQMD Performance Audit for FY Ending June 2000
(Continued from August 17, 2001 Board Meeting)
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 & Associates have completed their independent audit of the AQMD performance and have issued their report. Staff has prepared responses to the reports' recommendations. The Administrative Committee reviewed this item on September 14, 2001 and recommended approval.
17. Report of RFPs and RFQs Scheduled for Release in September
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 September. The Administrative Committee reviewed this item on August 10, 2001 and recommended for approval.
18. FY 2000-01 Contract Activity
Pearce (909) 396-2828
(rpearce@aqmd.gov)
The attached report lists the number of contracts let during FY 2000-01, the respective dollar amounts, award type, and the authorized contract signatory for the AQMD. This report includes the data provided in the March 2001 report covering contract activity for the first six months of FY 2000-01.
19. Summary of Changes to FY 2000-01 Approved Budget
Pearce (909) 396-2828
(rpearce@aqmd.gov)
This is the annual report of budget changes for FY 2000-01.
20. Status Report on Major Projects for Information Management Scheduled
to Start During First Six Months of FY 2001-02
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 report on major automation contracts and projects to be initiated by Information Management during the first six months of FY 2001-02.
21. Items Deferred from Consent Calendar
BOARD CALENDAR
Note: The July CARB meeting will be reported at the November 9, 2001 Board meeting
22. Administrative Committee
Chair: Glover
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
23. Legislative Committee
Chair: LaPisto-Kirtley
Abarca (909) 396-3242
(oabarca@aqmd.gov)
The Legislative Committee considered agenda items including the following legislation for which the Board will consider approving positions:
ABX2 86 (Florez) - Diesel Fuel Tax
Federal Clean Green School Bus Act of 2001
24. Mobile Source Committee
Chair: Wilson
Chang (909) 396-3186
(echang@aqmd.gov)
25. Stationary Source Committee
Chair: Loveridge
Coy (909) 396-2434
(ccoy@aqmd.gov)
26. Technology Committee
Chair: Bernson
Liu (909) 396-2105
cliu@aqmd.gov
27. Mobile Source Air Pollution Reduction Review Committee
Board Liaison: Glover
Hogo (909) 396-3184
hhogo@aqmd.gov
28. Approve Expenditure Plan for Air Quality Improvement Projects from
Rule 1309.1 - Priority Reserve Revenues and Anticipated Statewide Energy Crisis
Mitigation Fund Allocation
Hogo (909) 396-3184
hhogo@aqmd.gov
At the April 20, 2001 Meeting, the Board directed staff to place a priority on retrofitting diesel-powered school buses with PM10 traps and report back to the Board within 60 days on the funding process to be followed. Staff prepared a proposed funding process taking into consideration potential funding availability, demand, and technical feasibility. At the June 15, 2001 Meeting, the Board directed staff to develop other emission reduction projects in addition to retrofitting school buses. In addition, the state of California budget contains $16 Million for energy crisis mitigation of which AQMD will receive a share of the funds. Staff is providing the original recommendation and alternative projects for the Board's consideration.
29. Report on State of Liquefied Natural Gas Refueling Infrastructure and
Recommended Actions
Hogo (909) 396-3184
hhogo@aqmd.gov
At the August 17, 2001 Meeting, the Board directed staff to provide a report on the state of liquefied natural gas (LNG) refueling infrastructure and the expected demand for LNG in the future relative to implementation of the clean fleet vehicle rules. This report responds to that direction and provides staff's recommendations to facilitate the development and/or the expansion of the LNG refueling infrastructure. This item was reviewed by the Technology Committee on August 24, 2001.
PUBLIC HEARINGS
30. Amend Rule 1122 - Solvent Degreasers
(Continued from August 17, 2001)
Chang (909) 396-3186
(echang@aqmd.gov)
The proposed amendments are designed to further reduce VOC and NESHAP halogenated solvent emissions from degreasing operations. For VOC cold cleaners and vapor degreasers, the amendments will lower the material VOC limit to 25 g/l. For NESHAP degreasers, changes are proposed to the equipment requirements. In addition, rule language is being modified to delete obsolete requirements, add new definitions and clarify exemptions. (Review: Stationary Source Committee, June 22, and July 27, 2001.)
Note: The Board has closed the public testimony on this rule except for the testimony on the definition of 'airless/airtight system' found in section (b)(5).
31. Amend Rule 1124 - Aerospace Assembly and Component Manufacturing
Operations
Chang (909) 396-3186
(echang@aqmd.gov)
The proposed amendments to Rule 1124 will adjust the VOC limits and compliance dates for several aerospace coating, sealant and adhesive categories to reflect the state of the technology; establish an industry-specific alternative compliance option to the risk reduction plan requirements of Rule 1402; and incorporate other minor improvements and clarifications. (Review: Stationary Source Committee on July 27, 2001.)
32. Amend Rule 102 - Definition of Terms
Staff recommends that this item be continued to the October 19, 2001 Board
meeting.
Chang (909) 396-3186
(echang@aqmd.gov)
The proposed amendments to Rule 102 will make a change to the definition of "Clean Air Solvent." The current maximum VOC content requirement of 50 grams per liter is proposed to be changed to 25 grams per liter to be effective upon adoption for any further product certification. No other changes are proposed. (Review: Stationary Source Committee on July 27, 2001.)
OTHER BUSINESS
33. Exercise Enforcement Discretion for Sale and Use of Contact Cement in
Automotive Refinishing and Shoe Repair Industries
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
The September 2000 amendments to Rule 1168 eliminated a small user exemption for contact cement that exceed 250 g/l of VOC. The amendments also included a prohibition of sale for contact cement that exceed 250 g/l. These amendments took effect on September 1, 2001. These amendments have created an unanticipated hardship for the automotive refinishing and shoe repair industries. Staff will be submitting a proposal to reinstate the small user exemption for these industries for Board consideration in the near future and proposes to use enforcement discretion in the interim.
34. Conduct a Baseline Survey of the General Populations’ Perspective on
Local Air Quality and Select AQMD Policies, Programs, and Activities
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
At the September 14, 2001, Administrative Committee meeting staff presented a status report on the initial steps to implement the enhanced ethnic community outreach program. The first major step in implementing this outreach program is a survey of the general public to establish a baseline upon which to determine the focus and benefits of future outreach efforts. The selected firm will conduct the survey under the direction of the Executive Officer based on guidance provided by the Governing Board.
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 Communities for a Better Environment v. Cenco Refining Company, et al., United States District Court Case No. 00-05665 AHM (AIJx); Engine Manufacturers Association v. SCAQMD, United States District Court Case No. 00-09065 FMC (BQRx); Huntington v. Lee, SCAQMD, Riverside Superior Court Case No. 335284; San Diego Gas & Electric Company v. Sellers of Energy and Ancillary Services into Markets Operated by the California Independent System Operator and the California Power Exchange, Federal Energy Regulatory Commission Docket No. EL00-95-012; California Portland Cement Company v. SCAQMD, San Bernardino Superior Court Case No. SCVSS080364; and California Department of Water Resources v. Federal Energy Regulatory Commission, United States Court of Appeals Case No. 01-71405.
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. 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. Electronic submittals to cob@aqmd.gov of 10 pages or less including attachments, in MS Word, plain or HTML format will also be accepted by the Board and made part of the record if received no later than 5:00 p.m., on the Tuesday prior to the Board meeting.
ACRONYMS
AQIP = Air Quality Investment Program
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
NOx = 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
PM2.5 = 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
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