GOVERNING BOARD AGENDA
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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 Copley Drive, Diamond Bar, California. The Governing Board Letters and their attachments (if any) for this month 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 Pledge of Allegiance Opening Comments:
Recognize Employees with Twenty-Five, Thirty, and Thirty-Five Years of Service
CONSENT CALENDAR (Items 1 through 27) Note: Consent Calendar items held for discussion will be moved to Item No. 28. 1. Minutes of November 5, 2004 Board Meeting 2. Set Public Hearings January 7, 2005 to Consider Amendments and/or
Adoption to AQMD Rules and Regulations to: Budget/Fiscal Impact 3A. Execute Contract to Conduct Survey and Prepare
Guidance Document for Appropriate School Site Selection
(Continued from November 5, 2004 Board Meeting) In July 2004, the Board approved issuance of an RFP to prepare a Guidance Document for Appropriate School Site Selection. This action is to approve a contract award to ICF Consulting for development of this document in an amount not to exceed $70,441. (Review: Administrative Committee, October 8, 2004) 3B. Execute Contract for Legislative Representation in Sacramento,
California This action is to award a sole-source contract to California Strategies for legislative representation in Sacramento, California from January 1, 2005 to December 31, 2005 with an option for contract extension for one additional calendar year. Total funding for this contract is not to exceed $180,000. (Review: Special Legislative Committee Meeting, December 1, 2004) 4. Execute Contract to Cosponsor Development and Certification of Natural
Gas-Powered Ford Crown Victoria and E-450 Cutaway Vehicle Two major automobile manufacturers have recently ceased production of natural gas-powered vehicles. Ford announced their entire natural gas vehicle product line will be unavailable after the 2004 model-year, and General Motors announced their full size natural gas-powered vans will be similarly unavailable. To ensure the availability of rule compliant natural gas-powered vehicles after the 2004 model-year, BAF Technologies has proposed the development and certification of CARB-compliant natural gas conversion systems for the Ford Crown Victoria and E-450 Cutaway Vehicle. The total cost for this project is estimated to be $1,227,600. This action is to execute a contract to conduct this project at a cost not to exceed $300,000 from the Clean Fuels Fund. (Review: Technology Committee, November 19, 2004) 5. Execute Contracts to Cosponsor Demonstration of Natural Gas Stationary
Fuel Cells in South Coast Air Basin (Continued from November 5, 2004 Board
Meeting) In August 2004, the Board authorized re-issuance of an RFP to demonstrate natural gas stationary fuel cell units in the South Coast basin. Three proposals were received to demonstrate fuel cell units based on three different technologies. This action is to award contracts to Alliance Power, Inc., and Plug Power Inc., at a total cost not to exceed $822,500 from the Clean Fuels Fund. The California Public Utilities Commission will provide $1,250,000 in cofunding from the Self-Generation Program. The remainder of the $4,748,929 total project costs will be covered by the proponents. (Review: Technology Committee, October 22, 2004 and November 19, 2004) 6. Award Multiple Contracts for Natural Gas Refueling Station
Infrastructure, De-Obligate Prior Funding Commitments and Reissue RFP On August 6, 2004, the Board approved the re-release of an RFP to solicit proposals for natural gas refueling station infrastructure projects. The budget for the RFP ranged from $726,046 to $1,726,046. At this time, only $726,046 is available. Nine proposals were received by the RFP deadline of October 1, 2004. Staff recommends that eight of the proposals be funded at a total cost not to exceed $980,618 from the Clean Fuels Fund. In order to provide sufficient funding for the eight proposals, staff recommends de-obligating prior funding commitments for fueling infrastructure totaling $500,000 and reverting these funds back to the Clean Fuels Fund. Of this $500,000, staff proposes that $254,572 be used to augment the original budget of $726,046 to cover the eight recommended proposals. In addition, staff recommends that the RFP be reissued to solicit additional natural gas fueling infrastructure projects with a budget of $245,428 from the Clean Fuels Fund. (Review: Technology Committee, November 19, 2004) 7. Execute Sole-Source Contract to Cosponsor Development of Heavy
Heavy-Duty Natural Gas Engine Meeting Future Emission Standards Class 8 Trucks (Heavy Heavy-Duty), typically used for waste transfer, bulk haul, fuel delivery, and regional distribution, are some of the highest consumers of diesel fuel. However, there are currently no commercially available alternative fuel engines for this class of vehicles. This action is to award a sole-source contract to Westport Research, Inc. to develop a heavy-duty natural gas engine for Class 8 vehicles that meets 2007 emission standards at a cost not to exceed $1,944,911 from the Clean Fuels Fund. Total funding for this project is $5,583,426. The U.S. Department of Energy and Pacific Gas and Electric are co-funding the engine development and demonstration with fleets located in Canada and Northern California. Westport Research, Inc. is currently working on identifying a fleet in the South Coast Basin that could participate in this demonstration. Staff will bring a proposal for the demonstration element of this project to the Board at a later date. (Review: Technology Committee, November 19, 2004) 8. Execute Contracts to Develop and Demonstrate Hydrogen Fueling Stations On August 6, 2004, the Board authorized contracts to construct hydrogen fueling stations in four cities to support the AQMD’s hydrogen internal combustion engine (ICE) vehicle and fueling station program. The fueling stations will support a fleet of five hydrogen hybrid electric vehicles at each site. This action is to fund one additional hydrogen fueling station in Santa Monica and to augment funding for a mobile fueler for the hydrogen fueling station in Ontario. Funding is available from the Clean Fuels Fund in an amount not to exceed $1,066,000, with co-funding to also be provided through the Department of Energy Clean Cities program. (Review: Technology Committee, November 19, 2004) 9. Execute Contracts for Technical Assistance for Advanced, Low- and
Zero-Emission Mobile and Stationary Source Pollution Control Technologies On September 3, 2004, the Board approved release of an RFP to solicit proposals to provide technical and public outreach support assistance for advanced, low- and zero-emission mobile and stationary source pollution control technologies. Thirteen proposals were received and reviewed. This action is to execute contracts with eight technical experts to provide consultation services at a total cost not to exceed $440,000 to be funded from the Clean Fuels Program. (Review: Technology Committee, November 19, 2004) 10. Modify Allocation to Upgrade and Expand Existing Liquefied Natural Gas
Fueling Infrastructure with Orange County Transportation Authority At the October 2002 meeting, the Board approved $1 million of funding to cost-share with OCTA an expansion of its existing LNG fueling station at Anaheim or Garden Grove. This additional fueling capacity is needed to address current and future needs of OCTA’s fleet of LNG transit buses. OCTA has proposed a modification to the original scope of work to include cost sharing of LNG tank upgrades and a new alternative fueling station. This action is to re-allocate previous award of $1 million for the purpose of a new L/CNG infrastructure site in Santa Ana and the inclusion of cost sharing for tank upgrades of its LNG bus fleet. (Review: Technology Committee, November 19, 2004) 11. Issue RFP to Install Solar Electric System at AQMD Headquarters The AQMD currently has a 20kW solar photovoltaic array that was installed in 1993, providing renewable power to the building. Staff recommends augmenting the system with an additional 60 to 80 kW of newer technology photovoltaics utilizing the AQMD roof space. This additional capacity will provide the energy needed to power the electrolyzer for the hydrogen fueling station. This action is to issue an RFP for the installation of a new photovoltaic system on the AQMD roof. Funding is anticipated from the Clean Fuels Fund with additional incentives provided by the California Public Utilities Commission Self-Generation Program through the Gas Company. (Review: Technology Committee, November 19, 2004) 12. Reallocate Rule 2202 AQIP Funds to Assist in Purchase of 2004 Model
Year Passenger Vehicles for Taxicab Services and De-Obligate Prior Funding
Commitments The Board has previously allocated Rule 2202 AQIP funds to assist taxicab operators in the purchase of alternative-fueled passenger vehicles as allowed under Rule 1194. Currently there is sufficient funding to cover the acquisition of seven alternative fueled vehicles. Staff recently received a request from Yellow Cab Company of Northern Orange County, Inc., to assist in purchasing a total of 32 natural gas Ford Crown Victorias. This action is to provide funding assistance for these vehicles which represent the only vehicles locally available for the 2004 model year at a cost not to exceed $373,250. In order to cover the cost of the requested funding assistance, staff is recommending that unspent funds from prior awards for alternative fueled taxicabs under the Rule 2202 AQIP be de-obligated. (Review: Mobile Source Committee, November 19, 2004) 13. Appropriate Funds from Designation for Litigation and Enforcement and
Authorize Amending Existing Contracts to Expend Such Funds The District is currently involved in six major lawsuits using outside counsel assistance. These include the Fleet Rules, the two challenges to the most recent amendments to the architectural coatings rules, the challenge to the refinery ESP rule, and two CEQA challenges to the ConocoPhillips negative declaration. Funds have been depleted much faster than anticipated due to the complexity of these cases. This action is to appropriate $350,000 from the Designation for Litigation and Enforcement to the District Counsel budget, Professional and Special Services account, and to authorize the Executive Officer to amend existing contracts with Shute, Mihaly & Weinberger and Woodruff, Spradlin & Smart to expend these funds. (Review: Administrative Committee, November 12, 2004) 14. Establish List of Prequalified Vendors to Provide Library
Services and Supplies On June 4, 2004, the Board approved release of a Request for Qualifications (RFQ) to prequalify vendors for library services and supplies. Following evaluation of responses to the RFQ, five vendors were identified as capable of providing library services and supplies. This action is to approve five vendors to provide services to AQMD for a period of two years. Funds ($80,000) for these services are included in the FY 2004-05 Budget. (Review: Administrative Committee, November 12, 2004) 15. Establish Lists of Prequalified Vendors to Provide
Mailing Services and Automotive Mechanical Repair and Service On August 6, 2004, the Board approved the release of RFQs for mailing services and for automotive mechanical repair and service. This item is to establish lists of prequalified vendors that will be used for the next three years to purchase these services and supplies. (Review: Administrative Committee, November 12, 2004) 16. Recognize and Appropriate Funds for Special Particulate
Air Monitoring Program As part of a special national monitoring program, the U.S. EPA requested assistance from the AQMD to collect samples at various AQMD monitoring stations. This special particulate monitoring program is fully funded through the U.S. EPA, with a total allocation of $580,175. This action is to recognize the funds for the monitoring program upon receipt and appropriate $580,175 to the FY 2004-05 Budget. (Review: Administrative Committee, November 12, 2004) The MSRC developed a $15.3 million FY 2004-05 Work Program consisting of 11 program elements. Four RFPs closed September 21, 2004, and two Program Announcements closed October 26, 2004. The MSRC met on November 18, 2004, to take action on recommendations from its Technical Advisory Committee regarding proposals received under five of the six solicitations. Currently, the MSRC requests approval of multiple contract awards for on-road heavy-duty vehicles, off-road heavy-duty vehicles, alternative fuel/advanced technology transit buses, the upgrade and expansion of existing CNG and LNG refueling stations, and the Local Government Match Program. The MSRC also approved release of an RFP for website development, maintenance and hosting as part of FY 2004-05 Work Program and modifications to a $1 million sole-source contract to Johnson|Ukropina as a follow-on to last year’s rideshare campaign. Further FY 2004-05 contract awards will be considered by the MSRC and AQMD Board in the future. Finally, the MSRC requests authority to adjust contracts up to five percent and authority for the Board Chairman to execute agreements. (Review: Mobile Source Air Pollution Reduction Review Committee, November 18, 2004) Action Item - No Fiscal Impact 18. Amend AQMD Conflict of Interest Code The Political Reform Act requires the AQMD to review its Conflict of Interest Code biennially and submit notice to the Board regarding its accuracy or the need to amend to reflect the addition, reclassification, renaming, or deletion of designated positions. As a result of personnel changes during the past two years, the Code must now be amended. Individuals holding designated positions are required to disclose certain investments, income, interests in real property, business entities and business positions and also may have to disqualify themselves from making or participating in the making of governmental decisions affecting those interests. Information Only - Receive and File 19. Public Affairs Report This report highlights the October 2004 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 20. Hearing Board Report This reports the actions taken by the Hearing Board during the period of October 1 through October 31, 2004. 21. Civil Filing and Civil Penalties Report This reports the monthly penalties from September 1 through September 30, 2004, and legal actions filed by the District Prosecutor during October 1 through October 31, 2004. A glossary explaining the key terms and Index of District Rules are attached with the penalty report. 22. Status Report on Major Projects for Information
Management Scheduled to Start During First Six Months of FY 2004-05 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 2004-05. 23. Lead Agency Projects and Environmental Documents Received by AQMD This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between October 1, 2004, and October 31, 2004, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, November 19, 2004) 24. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2005. 25. Notification of OEHHA’s Finalization of Cancer Potency Factors The March 2000 amendments to Rule 1402 – Control of Toxic Air Contaminants from Existing Sources require that staff notify the Board and affected parties when risk values for toxic air contaminants are added or changed. On August 29, 2003, the Office of Environmental Health Hazard Assessment (OEHHA) finalized Toxicity Equivalency Factors (TEFs) for use in calculating Cancer Potency Factors and Chronic Reference Exposure Levels (REL) for speciated polychlorinated biphenyls (PCB), for 2 polychlorinated dibenzo-p-dioxins (PCDD), and 1 polychlorinated dibenzofuran (PCDF). In addition, on August 2, 2004 the OEHHA finalized the Cancer Potency factor for Naphthalene. At the March 2005 Board meeting, staff will propose amendments to Rule 1401 for the above mentioned toxic air contaminants and report on potential impacts to facilities subject to Rules 1401 and 1402. 26. Status Report on Rule 1421 - Control of Perchloroethylene Emissions
from Dry Cleaning Systems When Rule 1421 was amended in December 2002, staff committed to report to the Board in two years on the availability of alternative technologies and any updated health risk information on the alternatives and perc. This item fulfills that pledge. Staff also will provide an update on a year-long perc sludge sampling program that is being completed. (Review: Stationary Source Committee, October 22, 2004 and November 19, 2004) 27. Best Available Control Technology Guidelines Report and Amendments Semiannually, staff reports new listings added to the BACT Guidelines in the last six months in Part B, LAER/BACT Determinations for Major Polluting Facilities. Staff is also proposing several minor amendments to Part D, BACT Guidelines for Non-Major Polluting Facilities. (Review: Stationary Source, October 22, 2004) 28. Items Deferred from Consent Calendar BOARD CALENDAR 29. Administrative Committee 30. Investment Oversight Committee 31. Legislative Committee 32. Mobile Source Committee 33. Stationary Source Committee 34. Technology Committee 35. Mobile Source Air Pollution Reduction Review Committee 36. California Air Resources Board Monthly Report 37. California Fuel Cell Partnership Steering Team Meeting This report summarizes the California Fuel Cell Partnership Steering Team meeting held October 19-20, 2004. (Review: Technology Committee, November 19, 2004) 38. Annual Status Report on Rule 1113 -
Architectural Coatings At the December 6, 2002 meeting, the Board approved a resolution directing staff to provide annual progress reports on achieving the 2006 compliance limits. This annual report provides an update of staff's work on available coatings evaluations and implementation activities associated with the rule. The intent is to provide detailed data by July 1, 2005 on all aspects of the rule including but not limited to information relative to the required technological assessments. (Review: Stationary Source Committee, November 19, 2004) 39A. Staff Recommendations Regarding Controlling
Emissions from Restaurant Operations Control Measure PRC-03 - Emission Reductions from Restaurant Operations in the 2003 AQMP estimated reductions of 1 ton per day of PM10 by 2010. Cost-effective controls for the majority of under-fired charbroilers have not been developed. This action is to recommend that the Board make findings of infeasibility and substitute emission reductions from other adopted rules, as required by the 2003 AQMP. Staff is also recommending funding for demonstration projects. (Review: Stationary Source Committee, September 24, 2004) 39B. Approve Resolution Requesting Additional Two
Dollar Increase in Vehicle Registration Fees Strictly for Incentive Programs
Until 2015 On September 23, 2004, the Governor signed AB 923 (Firebaugh) which allows air districts to adopt an additional two dollar surcharge on motor vehicle registration fees to be used toward incentive funding programs. Funds may only be used for the Carl Moyer program, the school bus program, agricultural sources or light-duty vehicle projects. PUBLIC HEARINGS 40. Adopt Rule 1157 - PM10 Emission Reductions from Aggregate and Related
Operations Staff recommends that this item be continued to the January 7, 2005 Board meeting. Proposed Rule 1157 is developed to reduce PM10 emissions from aggregate and related operations as part of 2003 AQMP Control Measure BCM-08 - Further Emission Reductions from Aggregate and Cement Manufacturing Operations. The proposed rule would reduce fugitive dust PM10 emissions from various dust sources including loading and unloading activities, process equipment, open storage piles, unpaved and paved roads inside the facilities, and track-out. (Review: Stationary Source Committee, September 24, 2004; October 22,2004) 41. Amend Rule 1145 - Plastic, Rubber, Leather and Glass Coatings The proposed amendments set more stringent VOC limits and future compliance dates for several coating categories. The proposed amendment also establishes new VOC limits for leather coating, sets the high volume low pressure spray gun efficiency as the baseline for determining equivalent transfer efficiency, and adds a limited exemption for polyurethane shoe sole coating. Language is also amended for clarity and consistency. This proposed amendment partially implements 2003 AQMP Control Measure CTS-10 and achieves an emission reduction of approximately 1.2 tons per day at an average cost-effectiveness of $3,900 per ton reduced. (Review: Stationary Source Committee, October 22, 2004) 42. Adopt Proposed Rule 312 - Permitting and Associated Fees for
Agricultural Operations, and Amend Rules 102, 201, 201.1, 202, 203 and 219 The Health and Safety Code now mandates written permits for certain agricultural sources. Proposed Amended Rule 102 adds or amends definitions necessary to implement these requirements. Proposed Amended Rules 201, 201.1, 202 and 203 establish permitting procedures for these sources. Proposed Amended Rule 219 identifies the agricultural sources that are no longer exempt from written permits and when applications are to be submitted. To facilitate the permitting of existing agricultural sources, Proposed Rule 312 sets the special permitting fees for a transitional period that extends through June 30, 2005. (Review: Stationary Source Committee, October 22, 2004) PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3) CLOSED SESSION – (No Written Material) 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: Engine Manufacturers Association, et al. v. SCAQMD, et al., United States District Court Case No. CV00-09065 FMC (BQRx); Western States Petroleum Association v. SCAQMD, et al., Los Angeles Superior Court Case No. BS 087190; People of the State of California ex rel SCAQMD v. BP West Coast Products, LLC, et al., Los Angeles Superior Court Case No. BC291876; Communities for a Better Environment v. SCAQMD, et al., ConocoPhillips Company, Los Angeles Superior Court Case No. BS091275; ConocoPhillips Company, Los Angeles Superior Court Case No. BS091276; National Paint & Coatings Association v. SCAQMD, et al., Ninth Circuit Court of Appeals Case No. 04-55623; and National Paint & Coastings Association v. SCAQMD, Orange County Superior Court Case No. 03CC00007. It is also necessary to recess to closed session pursuant to Government Code section 54957.6(a) to meet with designated representatives regarding represented employee salaries and benefits or other mandatory subjects within the scope of representation [Negotiator: Eudora Tharp; Represented Employees: Teamsters Local 911 and SCAQMD Professional Employees Association]. ADJOURNMENT ***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |