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:
Recognition of Former Board Member Leonard Paulitz
Report on the State of Air Quality (No Written Material)
CONSENT CALENDAR (Items 1 through 22) Note: Consent Calendar items held for discussion will be moved to Item No. 23. 1. Minutes of January 29-30, 2004 Board Retreat 2. Minutes of February 6, 2004 Board Meeting 3. Set Public Hearings April 2, 2004 to Consider Amendments and/or
Adoption to AQMD Rules and Regulations
Budget/Fiscal Impact 4. Execute Contract to Develop and Demonstrate Variable Gaseous Fueled
Engine The Board has previously approved projects to develop transit buses that operate on hydrogen-CNG fuel mixtures, which have demonstrated significantly lower emissions than buses operating on CNG only. This action requests approval and award to develop a variable gaseous fueled engine for future hydrogen-natural gas blend technologies, at an AQMD cost not to exceed $30,000 from the Clean Fuels Fund. The total project cost is estimated to be $178,786. (Review: Technology Committee, February 27, 2004) 5. Execute Contracts for AQIP Proposals Received During First Three
Quarters of 2003 and Issue RFP Rule 2202 - On-Road Motor Vehicle Mitigation Options was adopted on December 8, 1995 and amended on February 6, 2004. One of the compliance strategies under Rule 2202 allows employers to invest in the AQIP. Monies received are placed in a restricted account to fund programs that result in equivalent emission reductions that would otherwise have been achieved by the participating employers. Staff evaluated the proposals received during the first three quarters of 2003 and recommends projects for funding. In addition, staff is recommending awarding contracts to conduct the Lawn Mower Exchange Program. The amount available for this period is $3,292,021. Lastly, staff is recommending that a new RFP be released to solicit projects to meet Rule 2202 emission reduction targets projected for Calendar Year 2004. (Review: Mobile Source Committee, February 27, 2004) 6. Execute Contracts to Develop and Demonstrate Hydrogen Internal
Combustion Engine Vehicles On July 11, 2003, the Board approved the release of an RFP to design and demonstrate a fleet of hydrogen internal combustion engine (ICE) vehicles with corresponding hydrogen fueling stations at five cities within the South Coast Air Basin. Three proposals for the vehicles and nine proposals for the fueling stations were received, subsequently reviewed, and scored by two separate panels of outside experts. This action requests award of the contract to develop and demonstrate the hydrogen-ICE vehicles. A separate request on fueling stations will be forwarded for consideration in a future Board meeting. Staff recommends $2,280,000 funding from AQMD to develop and demonstrate 30 hydrogen-ICE vehicles or $2,030,000 if Department of Defense, National Automotive Center provides $500,000 co-funding for engineering costs and an additional five vehicles, for a total of 35 vehicles. (Review: Technology Committee, February 27, 2004) 7. Execute Contracts for FY 2002–03 Carl Moyer Memorial Air Quality
Standards Attainment Program Using Carl Moyer and Clean Fuels Funds On October 10, 2003, proposals were received in response to an RFP for the Carl Moyer Memorial Air Quality Standards Attainment Program. A total of $19,552,575 is available for awards. This amount is comprised of $8,148,088 allocated to the AQMD under Proposition 40, and $11,404,487 in returned and rollover funds resulting from returns of all previous Carl Moyer awards. The $11,404,487 is comprised of $9,071,372 in Carl Moyer funds and $2,333,115 from the Clean Fuels Fund originally designated as local match to the Moyer Program. Staff recommends Carl Moyer awards in the amount of $18,927,986. Staff also recommends $201,774 for a project from funds allocated by CARB to the AQMD Carl Moyer Fund as an inter-district project fund. In addition, staff recommends an amendment to an existing contract. (Review: Technology Committee, February 27, 2004) 8. Issue RFP to Purchase 84-Passenger CNG School Bus for School Bus Loaner
Program and Authorize Staff to Transfer Ownership of Ford E450 Demonstration Bus
to Transportation Foundation of Los Angeles Staff proposes to issue an RFP to purchase an 84-passenger CNG school bus and to initiate a school bus loaner program to facilitate the introduction of CNG fuel to school bus fleets. This demonstration will provide an opportunity for entities to experience alternative fueled school buses in actual fleet operations. Staff also proposes the donation of AQMD’s natural gas-powered Ford E450 Demonstration Bus to Transportation Foundation of Los Angeles as in-kind participation in a joint study with the City of Hope on incidences of cancer and mortality rate in the south coast region. (Review: Technology Committee, February 27, 2004) 9. Approve Changes to Microturbine Program Funded by Rule 1309.1 -
Priority Reserve Mitigation Fees The Board previously authorized the Executive Officer to purchase and install sixty-three microturbines using Rule 1309.1 - Priority Reserve mitigation fees. Forty-two were to be installed in Los Angeles County and seven were to be installed in each of the counties of Orange, Riverside and San Bernardino. This proposal would: 1) allow the Executive Officer to locate more microturbines in any of the four counties for worthwhile projects; and 2) return $1,000,000 back to the Rule 1309.1 - Priority Reserve Fund. (Review: Technology Committee, February 27, 2004) 10. Execute Contract to Purchase Two Carbon
Analyzers and Reallocate Remaining Funds Under PM2.5 Program On December 5, 2003, the Board recognized revenue from U.S. EPA Section 103 Grant funds for the PM2.5 Program, and approved release of an RFQ to purchase two carbon analyzers to augment PM2.5 speciation in preparation for the next State Implementation Plan planning cycle for PM2.5. This action is to issue a purchase order with Atmoslytic Inc. for an amount not to exceed $94,600, to purchase two carbon analyzers to support the PM2.5 program. Funds for the purchase of this capital outlay are available in the FY 2003-04 Budget for the PM2.5 program. In addition, staff is requesting that the remaining allocated funds of $25,400 be reallocated to the Science and Technology Advancement FY 2003-04 Budget, Services and Supplies Major Object, Laboratory Supplies account, to support the PM2.5 program. This reallocation was discussed with and accepted by U.S. EPA. (Review: Administrative Committee, February 13, 2004) 11. Execute Contracts to Purchase Various Laboratory Equipment for
MATES-III and PAMS Programs On February 6, 2004, the Board released RFQs to purchase various laboratory equipment to conduct the MATES-III Program. The Board also redirected funds to purchase equipment for the PAMS Program. This action is to issue purchase orders with various vendors for the purchase of the following fixed assets: Energy Dispersive X-Ray Fluorescence for an amount not to exceed $115,000; High Pressure Liquid Chromatograph for an amount not to exceed $55,959; Ion Chromatograph for an amount not to exceed $71,190; and Gas Chromatograph with Flame Ionization Detector for an amount not to exceed $72,162. Funds for the purchase of these capital outlays are available in the FY 2003-04 Budget for the MATES-III and PAMS 12th year Programs. (Review: Technology Committee, February 27, 2004) 12. Execute Contract for Coachella Valley PM10 Clean Streets Management
Program Coachella Valley Association of Governments (CVAG) has been overseeing a PM10 Clean Streets Management Program as part of the Coachella Valley PM10 SIP. CVAG indicated that in order to continue the program, they would need additional funding assistance over the next three years. CVAG is in the process of seeking additional funding that would sustain the program. Meanwhile, CVAG is requesting funding assistance in the short-term. Staff recommends executing a contract with CVAG for funding the Coachella Valley PM10 Clean Streets Management Program at a cost not to exceed $258,075 for a three-year period from the Rule 1309.1 Priority Reserve Fund. (Review: Technology Committee, February 27, 2004) 13. Approve AQMD Annual Investment Policy and
Delegation of Authority to Appointed Treasurer to Invest AQMD Funds 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. (Review: Investment Oversight Committee, February 20, 2004) Action Item – No Fiscal Impact 14. Annual Meeting of Brain Tumor and Air Pollution
Foundation This item is to conduct the annual meeting of the Brain Tumor and Air Pollution Foundation. The Foundation staff will present an annual report detailing the research supported by the Foundation over the past year, the Foundation’s plans for the future, and a financial report. In addition, the AQMD Board, as the Foundation’s sole member, must approve changes to the Foundation’s bylaws and articles of incorporation required to receive a recent grant from the AQMD, and possible disposition thereof. Information Only - Receive and File 15. Public Affairs Report This report highlights the January 2004 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 16. Hearing Board Report This reports the actions taken by the Hearing Board during the period of January 1 through January 31, 2004. 17. Civil Filing and Civil Penalties This reports the monthly penalties from December 1 through December 31, 2003, and legal actions filed by the District Prosecutor during January 1 through January 31, 2004. A glossary explaining the key terms and Index of District Rules are attached with the penalty report. 18. 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 January 1, 2004, and January 31, 2004, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, February 27, 2004) 19. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2004. 20. 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. 21. FY 2003-04 Contract Activity The attached report lists the number of contracts let during the first six months of FY 2003-04, their respective dollar amounts, award type, and the authorized contract signatory for the AQMD. 22. Report on Small Business Roundtable A Small Business Roundtable was convened on January 16, 2004 at AQMD Headquarters, comprised of representatives from AQMD Governing Board and key government organizations that provide small business loans and financial assistance. The purpose of the meeting was to build strategic partnerships with organizations primarily involved in business development, business retention and business assistance. As a result of the meeting, several action items are being pursued to work closely with participating organizations and assist the small business community to address their concerns. (Review: Administrative Committee, February 13, 2004) 23. Items Deferred from Consent Calendar BOARD CALENDAR 24. Administrative Committee 25. Investment Oversight Committee 26. Legislative Committee 27. Mobile Source Committee 28. Stationary Source Committee 29. Technology Committee 30. Mobile Source Air Pollution Reduction Review Committee 31. California Air Resources Board Monthly Report 32. California Fuel Cell Partnership Steering Team Meeting This report summarizes the California Fuel Cell Partnership Steering Team meeting held February 3-4, 2004. (Review: Technology Committee, February 27, 2004) 33. Amend Charter for Ethnic Community Advisory
Group The Ethnic Community Advisory Group (ECAG) serves the Board with specialized expertise on the impact of air quality issues on the ethnic communities in the South Coast basin. ECAG's current membership criteria allows for up to 30 representatives from the Latino, African-American, Asian Pacific Islander and Native American communities. There is no requirement regarding representation by county in the membership criteria. This action will amend the charter to ensure that the membership reflects the geographic diversity of the four counties. (Review: Administrative Committee, February 13, 2004) PUBLIC HEARINGS 34. Adopt Rule 1148.1 - Oil and Gas Production Operations and Amend Rule
222 - Filing Requirements for Specific Emission Sources Not Requiring a Written
Permit Pursuant to Regulation II
(Continued from the January 9, 2004 Board Meeting) Proposed Rule 1148.1 will implement Control Measure FUG-05 of the 2003 AQMP by reducing VOC emissions from well cellars and wellheads at oil and gas production operations through increased inspection and maintenance, and control of produced gas emissions. Proposed Amended Rule 222 will include well cellars and wellheads at oil and gas production facilities subject to Proposed Rule 1148.1 in the filing program in lieu of conventional permitting. Currently, this equipment is exempt from written permit. (Review: Stationary Source Committee, November 21, 2003, January 23, 2004 and February 27, 2004) 35. Amend Rule 1132 - Further Control of VOC Emissions From High-Emitting
Spray Booth Facilities Proposed Amended Rule 1132 corrects a SIP deficiency regarding Executive Officer discretion in the Alternative Compliance Plan Section of the rule and clarifies and improves compliance determination. (Review: Stationary Source Committee, January 23, 2004) 36. Annual RECLAIM Audit Report for 2002 Compliance Year 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 ninth year of this program. This report also contains the program review as required under Rule 2020 - RECLAIM Reserve, regarding generation and use of emission reductions, and participation in the RECLAIM AQIP and Mitigation Fee Program. (Review: Stationary Source Committee, January 23, 2004) 37. Approve and Adopt Technology Advancement Clean Fuels Program Annual
Report and Plan Update As a requirement of the Clean Fuels Program funding, the Technology Advancement Office must submit to the Legislative Analyst by March 31 of each year an approved Annual Report for the past year and Plan Update for the current calendar year. Staff has reviewed the Clean Fuel Program with the Clean Fuels Advisory Group, the Technology Advancement Advisory Group, and other technical experts at a two-day retreat on January 15 and 16, 2004. The suggestions from the Advisory Groups and participants are included in the Plan Update. Staff is submitting the Technology Advancement Clean Fuels Program Annual Report and Plan Update for Board approval. (Review: Technology Committee, February 27, 2004) OTHER BUSINESS 38. Approve Expenditure of Clean Fuel Funds for Testing Gasoline-Hybrid
Transit Buses and Retrofits of Oceangoing Vessels As a result of returned funds from the Carl Moyer Program, staff has identified $2,333,115 from the Clean Fuels Fund originally allocated as local match to the Moyer Program. Staff recommends that $600,000 of these returned funds be allocated for evaporative emissions testing of gasoline-hybrid transit buses and for testing retrofits of oceangoing vessels which are eligible equipment under the Moyer Program. (Review: Technology Committee, February 27, 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: California Paint Alliance, et al. v. SCAQMD, et al., U.S. District Court Case No. CV-03-1656HLH (JWJx); National Paint & Coatings Association, Inc. v. SCAQMD, U.S. District Court Case No. CV-03-1578HLH (JWJx); Engine Manufacturers Association, et al. v. SCAQMD, et al., U.S. Supreme Court Case No. 02-1343; 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 and Our Children's Earth v. SCAQMD, U.S. District Court Case No. 03-CV-6985; South Coast Air Quality Management District v. National Pediatric Support Services, Inc., Los Angeles Superior Court Case No. KC043521G; and United States Department of Transportation, et al. v. Public Citizen, et al., United States Supreme Court Case No. 03-358. ADJOURNMENT ***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |