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:
CONSENT CALENDAR (Items 1 through 26) Note: Consent Calendar items held for discussion will be moved to Item No. 27. 1. Minutes of May 7, 2004 Board Meeting 2. Set Public Hearings July 9, 2004 to Consider Amendments and/or Adoption
to AQMD Rules and Regulations
Budget/Fiscal Impact 3. Recognize and Appropriate Funds from Environmental Professionals
Training Institute of Taiwan Environmental Protection Administration The Environmental Professionals Training Institute (EPTI) of Taiwan Environmental Protection Administration has allocated funds to prepare and conduct a comprehensive Integrated Air Quality Control training program for Stationary Sources for 15 EPTI staff members. The funds will be used to cover AQMD staff time to prepare and conduct a 7-day intensive training program in air quality forecasting, developing emission inventories, preparing an air quality management plan, rule development, permitting, and enforcement. In addition, the funds received will cover necessary hotel accommodations, transportation and training materials for EPTI staff. 4. Execute Contract to Purchase 84-Passenger CNG School Bus and Supporting
Services for Purpose of Implementing School Bus Demonstration/Loaner Program On March 5, 2004, the Board approved an RFP to purchase an 84-passenger CNG school bus for the purpose of implementing a school bus demonstration/loaner program. Three proposals were received and evaluated by a panel according to the criteria established in the RFP. Based on this evaluation, staff recommends the contract be awarded to Bus West for an amount not to exceed $145,000. This award will include services to facilitate the demonstration/loaner program. (Review: Technology Committee, May 28, 2004) 5. Execute Contracts to Generate Emission Reduction Credits Under Rule
1121 Mitigation Fee Program As of October 7, 2003, the AQMD received a total of $804,452 from water heater manufacturers as emission mitigation fees under Rule 1121. The AQMD will collect this mitigation fee until December 2004. In November 2003, a Program Announcement was issued to solicit NOx emission reduction projects. This action is to execute contracts worth approximately $804,197 to fund stationary and mobile source NOx emission reduction projects. (Review: Technology Committee, April 23, 2004) 6. Award Multiple Contracts for Natural Gas Refueling Station
Infrastructure and Reissue RFP On October 3, 2003 the Board approved release of a $1.5 million RFP to solicit proposals for natural gas refueling station infrastructure projects from the Clean Fuels Fund. Twenty-six proposals were received by the RFP deadline of December 16, 2003. Staff believes that 16 of these proposals deserves funding and proposes that funding, in the amount of $1,280,000 reverted back to the AQMD from its AES Settlement Fund and Clean Fuels Fund be used to fund these projects. This action is to de-obligate prior funding commitments, revert funds back to the Clean Fuels Fund, and to approve multiple contract awards from this RFP. Total AQMD funding for these projects shall not exceed $2,742,323. Staff is recommending that the RFP be reissued to solicit additional natural gas fueling infrastructure projects with a budget ranging from $726,046 to $1,726,046. (Review: Technology Committee, April 23, 2004) 7. Amend Contract to Fund Hydrogen Internal Combustion Engine Generator On June 6, 2003, the Board approved a contract with Stuart Energy to install an electrolyzer to produce hydrogen for vehicle fueling and demonstrate a hydrogen internal combustion engine (ICE) generator. As part of that award, the California Energy Commission (CEC) had agreed to co-fund $100,000 for the ICE generator. The CEC currently cannot fulfill this obligation. This action is to fund the ICE generator through the Clean Fuels Fund in an amount not to exceed $100,000. (Review: Technology Committee, April 23, 2004) 8. This item was withdrawn by staff. 9. Enter into MOU with SCAG Regarding Participation in Clean Cities
Program SCAG has requested that AQMD enter into an MOU to participate in the SCAG Clean Cities Program. The Clean Cities Program is administered by the federal Department of Energy and implemented at the local level by Clean Cities Coalitions. Participation is voluntary. (Review: Technology Committee, May 28, 2004) 10. Issue RFP for Evaporative Emission Testing of Gasoline Heavy-Duty
Hybrid-Electric Bus Gasoline heavy-duty vehicles undergo emission certification of both their engine and their fuel system. Engine exhaust emissions are directly measured in a laboratory. However, unlike light-duty cars and trucks, the heavy-duty fuel evaporative control system is not directly tested because of the large size of these vehicles; these systems are certified through a technical evaluation. Because of this indirect method of evaporative certification and the lack of in-use evaluations, gasoline heavy-duty vehicles may have higher hydrocarbon emissions than expected. On March 5, 2004, the Board authorized the use of returned Carl Moyer Program funds for emission testing of gasoline hybrid-electric buses and marine vessels. This action is to issue an RFP to conduct the evaporative emission testing of a gasoline hybrid-electric bus. (Review: Technology Committee, May 28, 2004) 11. Issue Program Announcement and Establish $1 Million Special Fund for
PM10 or NOx Reduction Projects in Disproportionately Impacted Areas Under Rule 1309.1, power plants have paid the AQMD mitigation fees for the privilege of obtaining PM10 credits from AQMD's Priority Reserve. These fees are to be used for PM10 reduction projects. By settlement agreement in CBE; OCE v. SCAQMD, U.S. District Court Case No. 03-06985 WMB (CTx), the AQMD agreed to allocate $1 million of these funds to emission reduction projects in disproportionately impacted areas and to establish a special fund for such projects. This action is to take $1 million from the 1309.1 Priority Reserve Fund and create a special fund for PM10 and/or NOx Reduction Projects in disproportionately impacted areas, and to release a Program Announcement to solicit such emission reduction projects for funding. (Review: Technology Committee, May 28, 2004) 12. Execute Contract to Purchase Ozone Analyzers for Ambient Air
Monitoring Network On April 2, 2004, the Board approved release of an RFQ to purchase sixteen (16) ozone analyzers to replace high maintenance units in the ambient monitoring network, as part of a two-year replacement program to replace thirty-two (32) analyzers. The $120,000 allocated to this purchase is sufficient to purchase eight (8) additional ozone analyzers now, rather than waiting until next year’s PAMS allocation. This action is to increase the number of ozone analyzers to be purchased from sixteen (16) to twenty-four (24) and execute a contract with Teledyne/Advanced Pollution Instrumentation for an amount not to exceed $118,000 to purchase twenty-four (24) continuous ozone analyzers. Funds for this capital outlay are allocated under a U.S. EPA 105 Grant for the PAMS program. (Review: Administrative Committee, May 14, 2004) 13. Recognize, Appropriate, and Reallocate Funds from U.S. Department of
Defense to Conduct Feasibility Demonstration to Measure Low-Level Pollutant
Concentrations and Issue RFQs In August 2003, the Board authorized the execution of a contract with the U.S. Department of Defense (DOD) to demonstrate the feasibility to measure low-level pollutant concentrations. At that time, staff proposed a budget to conduct the work including acquisition of several measurement equipment. Subsequent discussions with U.S. DOD staff have identified specific fixed assets and supplies required for the project. This action is to reallocate funds in the FY 2003-04 to the FY 2004-05 Budget upon Board approval of the FY 2004-05 Budget, based on discussions with U.S. DOD to accommodate these changes, and approve release of four RFQs to purchase various equipment. (Review: Administrative Committee, April 9 and May 14, 2004) 14. Execute Contract for Occupational Health Services The current contract for occupational health services expires on June 30, 2004. On February 6, 2004, the Board approved release of an RFP to solicit proposals from firms interested in providing these services for the next three-year period. This action is to execute a contract with the Center for Occupational and Environmental Health at the University of California, Irvine, through June 30, 2007, for an amount not to exceed $10,000 per year. Funding for this contract has been included in the FY 2004-05 Budget request and will be requested in successive fiscal years. (Review: Administrative Committee, May 14, 2004) 15. Execute Contract for Student Co-op Program Since August 1995, the AQMD has contracted with the Cal Poly Pomona Foundation for the services of student interns in Finance. These interns perform such tasks as assisting in the fixed asset inventory, financial report reconciliation, and miscellaneous payroll and accounting tasks. Over the past three years, a total of $72,000 has been expended. It is estimated that $24,000 of student intern services will be needed in FY 2004-05. Funds for this item have been included in the FY 2004-05 Budget. (Review: Administrative Committee, May 14, 2004) 16. Issue RFP to Conduct Survey and Prepare
Guidance Document for Appropriate School Site Selection AQMD has faced many issues arising from incompatible school site selection, with school children being impacted by air pollution and toxic emissions. There is a need for a school site selection guidance document that can be used effectively by local school districts. This RFP will solicit proposals to survey the school districts within AQMD jurisdiction regarding their future plans, develop a guidance document for use by the school districts, conduct a Focus Group of 12 or more school officials, and finalize the guidance document incorporating comments received. This RFP will not exceed $75,000 and will follow an expedited timeline. Staff expects to recommend contract award(s) at the August 6, 2004 Board Meeting, with project completion no later than December 2004. (Administrative Committee: May 14, 2004) The MSRC developed a $14.5 million FY 2003-04 Work Program and subsequently released seven solicitations. On May 7, 2004, the AQMD Board approved several awards recommended by the MSRC under three program solicitations. At its May 27, 2004 meeting, the MSRC recommended multiple contract awards from proposals received under two more solicitations and decided not to fund any proposals received under a sixth solicitation. Additionally, they recommended funding projects from three eligible backup lists using turn-back funds. The MSRC requests the AQMD Board’s approval of these awards as part of the FY 2003-04 Work Program. Proposals received under the last solicitation, the Diesel Exhaust After-Treatment Retrofit Program, will be considered by the MSRC next month and will be subsequently presented for AQMD Board approval. The MSRC further recommends allocating funds as part of the FY 2004-05 Work Program to continue Technical Advisor services through June 30, 2005. Last, 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, May 27, 2004) 18. Amend Contract for Litigation Services This action is to authorize the Executive Officer to amend a contract with the law firm of Shute, Mihaly & Weinberger for an additional $30,000. Information Only - Receive and File 19. Public Affairs Report This report highlights the April 2004 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 20. Report to Legislature and CARB on AQMD's Regulatory Activities for
Calendar Year 2003 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, denied, or cancelled, emission offset transactions, draft budget and forecast, and an update on the Clean Fuels and RECLAIM programs. 21. Hearing Board Report This reports the actions taken by the Hearing Board during the period of April 1 through April 30, 2004. 22. Civil Filing and Civil Penalties Report This reports the monthly penalties from March 1 through March 31, 2004, and legal actions filed by the District Prosecutor during April 1 through April 30, 2004. A glossary explaining the key terms and Index of District Rules are attached with the penalty report. 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 April 1, 2004, and April 30, 2004, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, May 28, 2004) 24. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2004. 25. Report of RFPs and RFQs Scheduled for Release in June This report summarizes the RFPs and RFQs for budgeted services over $50,000 scheduled to be released for advertisement for the month of June. (Review: Administrative Committee, May 14, 2004) 26. Status Report on Major Projects for Information
Management Scheduled to Start During Last Six Months of FY 2003-04 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 last six months of FY 2003-04. 27. Items Deferred from Consent Calendar BOARD CALENDAR 28. Administrative Committee 29. Investment Oversight Committee 30. Legislative Committee The Legislative Committee considered agenda items including the following legislation for which the Board will consider approving a position:
31. Mobile Source Committee 32. Stationary Source Committee 33. Technology Committee 34. Mobile Source Air Pollution Reduction Review Committee 35. California Air Resources Board Monthly Report 36. California Fuel Cell Partnership Steering Team Meeting This report summarizes the California Fuel Cell Partnership Steering Team meeting held April 20-21, 2004. (Review: Technology Committee, May 28, 2004) 37. Adopt Resolution to Issue Bonds to Retire Unfunded Liability for
Employees Participating in San Bernardino County Employees' Retirement System The Board, at its April 2, 2004 meeting, authorized the preparation of legal and disclosure documents necessary to permit AQMD to issue Pension Obligation Bonds to retire the Unfunded Actuarial Accrued Liability due to the San Bernardino County Employees' Retirement Association. This action is to adopt a resolution authorizing the necessary actions required to issue the 2004 AQMD Pension Obligation Bonds. (Review: Administrative Committee, May 14, 2004) 38. Request California Air Resources Board to Submit Fleet Rules to United
States Environmental Protection Agency for Waiver of Preemption Under Clean Air
Act Section 209 In 2000 and 2001 the Board adopted a series of clean fleet rules requiring public and certain private fleets to acquire vehicles using clean alternative fuels when adding to or replacing vehicles in their fleets. The United States Supreme Court on April 28, 2004, held that the fleet rules are preempted by the federal Clean Air Act and therefore may not be enforced, at least as far as they regulate privately-owned fleets. This action is to request CARB to submit the fleet rules to U.S. EPA for waiver of preemption under section 209 of the Clean Air Act, which would allow the rules to again be enforced. (Review: Mobile Source Committee, May 28, 2004) PUBLIC HEARINGS 39. Adopt Executive Officer's FY 2004-05 AQMD Budget and Work Program The Executive Officer's Budget for FY 2004-05 represents the input over the past several months from Board members, staff, and the public. This year's process included meetings of the Budget Advisory Committee; a public hearing on February 6, 2004 to receive input on the AQMD's Program Goals and Objectives; and four budget workshops, two for the public held on April 22 and May 25, 2004 and two for the Board held on April 30 and May 7, 2004. This submittal transmits the required appropriations and reserves necessary to adopt the proposed budget. (Review: Administrative Committee, May 14, 2004) 40. Amend Regulation III - Fees Staff has prepared two amendment proposals for Regulation III – Fees for Board consideration. Option A consists of a Consumer Price Index (CPI) adjustment of 1.6 percent and has additional proposals to better align select program revenue and expenses. To partially address the shortfall between revenue and expenditures for FY 2004-05 that resulted primarily from legally mandated funding requirements, staff has prepared an alternative proposal, Option B. Option B is identical to Option A except that fees are increased by 12 percent over two years. In FY 2004-05, the fees are increased across the board by 6 percent; and additionally in FY 2005-06, they are increased by another 6 percent. The Board may reconsider the increase in FY 2005-06 based on their assessment of the fiscal need at that time. 41. Amend Rule 2015 - Backstop Measures The proposed amendment to Rule 2015 will address an EPA SIP approvability issue regarding breakdown emissions. The proposed changes would establish a procedure to monitor breakdown emissions and to mitigate any emissions not covered by RTCs. (Review: Stationary Source Committee, April 23, 2004 and May 28, 2004) 42. Amend Rules 1186.1 - Less-Polluting Sweepers and 1196 - Clean On-Road
Heavy-Duty Public Fleet Vehicles Proposed amendments to Rules 1186.1 and 1196 will extend sunset dates to allow the acquisition of non-rule compliant vehicles where an approved Technical Infeasibility Certification has been issued based on the unavailability of an alternative-fuel refueling station within five miles of the vehicle storage or maintenance yards. The proposed amendments are in response to near-term public fleet heavy-duty vehicle acquisitions that are located in service areas where alternative fuel refueling stations do not yet exist. The proposed amendment for Rule 1186.1 would also allow approved Technical Infeasibility Certifications to be issued where alternative-fuel sweeper models do not exist for specific applications. (Review: Mobile Source Committee, May 28, 2004) OTHER BUSINESS 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: National Paint & Coatings Association v. South Coast Air Quality Management District, Orange County Superior Court Case No. 03CC00007/Federal Case No. CV 03-1578 HLH (JWJx), reassigned as Coast No. CV 03-1578 SJO (JWJx); California Paint Alliance, et al. v. South Coast Air Quality Management District, et al., Orange County Superior Court Case No. 03CC01247/Federal Case No. CV 03-1656 HLH (JWJx), reassigned as CV 03-1695 SJO (JWJx); People of the State of California ex rel SCAQMD v. BP West Coast Products, LLC, et al., LASC Case No. BC291876; Monica Viaz, Ruby Yvonne Hernandez, and Monica Viaz as Guardian Ad Litem for Anthony Edward Mena v. David Steed and South Coast Air Quality Management District, LASC Case No. LC062706; and Engine Manufacturers Association, et al. v. SCAQMD, et al., U.S. Supreme Court Case No. 02-1343. It is also necessary for the Board to recess to closed session pursuant to Government Code section 54956.9(c) to confer with its counsel regarding determining whether to initiate litigation (1 case). ADJOURNMENT ***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |