GOVERNING 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 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:
Presentation of Retirement Awards to Sharon Martinez and Frank Porter
Presentation of Plaque by American Lung Association of Inland Counties to AQMD for “Blow the Whistle on Asthma” Walkathon CONSENT CALENDAR (Items 1 through 21) Note: Consent Calendar items held for discussion will be moved to Item No. 22. 1. Minutes of October 1, 2004 Board Meeting 2. Set Public Hearings December 3, 20041 to Consider Amendments
and/or Adoption to AQMD Rules and Regulations 1 Note: At its October 1, 2004 meeting, the Board set a public hearing for December 3, 2004 to Adopt Proposed Rule 1157 – PM10 Emissions from Aggregate and Related Operations Budget/Fiscal Impact 3. Execute Contract to Conduct Survey and Prepare
Guidance Document for Appropriate School Site Selection 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) 4. Execute Contract for Biennial Audit of Motor
Vehicle Registration Revenues for FYs 2001-02 and 2002-03 Health and Safety Code Section 44244.1 requires any agency receiving fee revenues to be subject to an audit of each program or project funded at least once every two years. On July 9, 2004, the Board approved release of an RFP to select an auditor to perform the biennial audit for FYs 2001-02 and 2002-03. An evaluation panel of representatives from local governments, MSRC and AQMD Finance staff evaluated the proposals. This action is to award a contract to the firm of Thompson, Cobb, Bazilio & Associates, PC. Local governments, the MSRC and AQMD will pay the cost of their own audits in the amounts of $60,700, $9,950, and $6,900 respectively.(Review: Administrative Committee, October 8, 2004) 5. Execute Contract for Laboratory Sample Preparation and Analysis for
Naphthalene and Other Selected Polycyclic Aromatic Hydrocarbons for Mates-III In July 2004, the Board approved release of an RFP for sample preparation and analysis for ambient naphthalene and other polycyclic aromatic hydrocarbons in the MATES III program. Eight proposals were received and were reviewed by a panel of experts. This action is to execute a contract with Southwest Research Institute for a total amount not to exceed $180,450 to conduct the analysis. Funding has been included in the FY 2004-05 Budget. (Review: Technology Committee, October 22, 2004) 6. Execute Contract for Lubricant and Rust Inhibitor
Study The U.S. EPA and AQMD are contracting with the Institute for Research and Technical Assistance to characterize the emissions inventory of lubricants and rust inhibitors and to conduct eight case studies to demonstrate alternative low-VOC or non-emitting products for metal stampers, machine shops, and rust preventative operations. This action is to enter into a one-year sole source agreement. The $104,986 contract includes an EPA 105 grant award in the amount of $79,986 that the Board recognized and appropriated at the September meeting. AQMD will provide an additional $25,000 in contract dollars and $54,986 of in-kind funding of personnel services to develop the emission inventory, review, print, and distribute the final report. (Review: Administrative Committee, October 8, 2004) 7. Execute Contracts for PM10 and/or NOx Emission Reduction Projects in
Disproportionately Impacted Areas Under a settlement agreement with Communities for a Better Environment and Our Children’s Earth, the AQMD agreed to allocate $1 million from Rule 1309.1 mitigation fees for emission reduction projects in disproportionately impacted areas, and to establish a special fund for such projects. A program announcement to solicit projects was released on June 4, 2004. This action is to fund various PM10 and NOx emission reduction projects under this program. (Review: Technology Committee, October 22, 2004) 8. Execute Contract to Perform Evaporative Emission Testing of Gasoline
Heavy-Duty Hybrid-Electric Bus On June 4, 2004, the Board approved release of an RFP to perform evaporative emission testing on a gasoline heavy-duty hybrid-electric bus. Two proposals were received, reviewed, and scored by a panel of experts from the U.S. EPA, CARB and AQMD. This action is to award a contract to perform evaporative emission testing to Automotive Testing and Development Services, Incorporated. The total cost for this project will not exceed $260,000. (Review: Technology Committee, October 24, 2004) 9. Execute Contracts to Cosponsor Demonstration of Natural Gas Stationary
Fuel Cells in South Coast Air Basin In August 2004, the Board authorized re-issuance of an RFP to demonstrate natural gas stationary fuel cell units in South Coast air basin. Three proposals were received to demonstrate fuel cell units based on three different technologies. This action is to award a contract to Alliance Power, Inc., at a cost not to exceed $565,000 from Clean Fuels Fund. The California Public Utilities Commission will provide $1,250,000 in cofunding from the Self-Generation Program. The remainder of the $4,176,325 total project costs will be covered by the proponents. (Review: Technology Committee, October 22, 2004) 10. Issue Program Announcement for Production of Electric Lawn Mowers for AQMD’s Lawn Mower Incentive Program To follow up on the successful Lawn Mower Exchange Programs of spring of 2003 and 2004, staff proposes to implement a similar incentive program in the spring of 2005 to generate cost-effective emission reductions. This program announcement is to solicit competitive bids from qualified manufacturers to produce and provide cordless electric lawn mowers in sufficient quantities and at the lowest possible price needed for the incentive program. (Review: Mobile Source Committee, October 22, 2004) 11. Approve Grants to Purchase New CNG School Buses, and Retrofit School
Buses with Particulate Traps and Diesel Oxidation Catalysts At its September 3, 2004 meeting, the Board authorized: 1) the issuance of a program announcement for the replacement of older diesel school buses with new CNG buses for up to $9,475,000, and the retrofit of 1991-1993 school buses with diesel oxidation catalysts for up to $250,000; and 2) the issuance of a program announcement for the retrofit of 1994 and newer school buses with particulate traps for up to $3,966,000. The application submittal due date for both program announcements was October 13, 2004. This action is to recommend awards for the replacement of older diesel school buses with new CNG buses and the retrofit of diesel school buses with particulate traps and oxidation catalysts. (Review: Technology Committee, October 22, 2004) 12(A). Appropriate Funds from Undesignated Fund Balance to Augment Positions
and Expenditure Accounts in FY 2004-05 Budget As part of the June 4, 2004 public hearing on the adoption of FY 2004-05 Budget, it was noted that once payment of an $8.25 million penalty settlement had been made, staff would come back with recommendations for restoring positions that had been unfunded. That money has now been received and this action is to augment the current budget by 19 positions to meet critically important needs. Additionally, staff recommends augmenting funds for temporary employment services to fund a replacement for a staff member on military leave. On an annual basis, the 19 positions would result in an approximately $1.82 million increase to the budget. The approximate cost of the position and temporary services augmentations for the remainder of the fiscal year is $959,642. (Review: Personnel Committee, October 1, 2004; Administrative Committee, October 8, 2004) 12(B). Appoint New District Counsel and Establish Compensation District Counsel, Barbara Baird, has requested to return to her former position as Principal Deputy District Counsel. Accordingly, it is necessary to appoint a new District Counsel. The Personnel Committee is recommending the appointment of Kurt R. Wiese, currently Principal Deputy District Counsel. Compensation for this position will remain unchanged. Action Item/No Fiscal Impact 13. Establish Board Meeting Schedule for Calendar Year 2005 The proposed Board Meeting Schedule for Calendar Year 2005 (includes January 2006) is submitted for Board consideration. The Administrative Committee meeting schedule (second Friday of the month) is included for information only. (Review: Administrative Committee, October 8, 2004) Information Only - Receive and File 14. Public Affairs Report This report highlights the September 2004 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 15. Hearing Board Report This reports the actions taken by the Hearing Board during the period of September 1 through September 30, 2004. 16. Civil Filing and Civil Penalties Report This reports the monthly penalties from August 1 through August 31, 2004, and legal actions filed by the District Prosecutor during September 1 through September 30, 2004. A glossary explaining the key terms and Index of District Rules are attached with the penalty report. 17. 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 September 1, 2004, and September 30, 2004, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, October 22, 2004) 18. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2004. 19. Report on Rule 461 - Gasoline Transfer and Dispensing At its April 21, 2000 meeting, the Board amended Rule 461 - Gasoline Transfer and Dispensing. At that time, staff made a commitment to conduct a technical assessment and report back to the Board before 2005. The purpose of this assessment is to determine the rule effectiveness in meeting the action level identified in Rule 1402 and, if necessary, the state of control technology to achieve further reductions in emissions and health risk to meet the action level. (Review: Stationary Source Committee, October 22, 2004) 20. Staff Recommendations Regarding Controlling Emissions from Restaurant
Operations Staff recommends that this item be continued to the December 3, 2004 Board meeting. 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. (Review: Stationary Source Committee, September 24, 2004) 21. 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. 22. Items Deferred from Consent Calendar BOARD CALENDAR 23. Administrative Committee 24. Legislative Committee 25. Mobile Source Committee 26. Stationary Source Committee 27. Technology Committee 28. Mobile Source Air Pollution Reduction Review Committee 29. California Air Resources Board Monthly Report 30. Discussion on Proposed Rule 1401.1 - Requirements for New and
Relocated Facilities Near Schools The White Paper titled Potential Control Strategies to Address Cumulative Impacts from Air Pollution included Control Strategy No. 2: More Stringent Requirements for New Sources Located Near Existing Schools and Possibly Other Sensitive Receptors. To further develop this control strategy, AQMD staff conducted an analysis to identify the types of facilities with potential toxic emissions impacts that have been recently issued permits that are near schools. AQMD staff is releasing a concept paper regarding the results of this analysis for a 60-day public review. (Review: Stationary Source Committee, October 22, 2004) 31. End-of-Season Air Quality Report In 2004, the South Coast Air Basin recorded the lowest number of violations of the federal ozone standard since the inception of the District and its predecessor agencies. The improvement in ozone air quality in 2004 is in direct contrast to the 2003 summer ozone season which experienced severe weather conditions and correspondingly higher ozone concentrations. Favorable weather conditions which led to cooler temperatures and weaker inversions together with continued implementation of the air pollution control strategy, have contributed to this year's observed trend. OTHER BUSINESS 32. Recognize and Appropriate Funds from U.S. EPA and Execute Sole-Source
Contract to Conduct Ambient PM Measurements for Children's Health Study U.S. EPA has allocated Section 103 funds to continue PM air sampling as part of the Children's Health Study being conducted by the University of Southern California (USC). This action is to 1) recognize supplemental Section 103 Grant funds of $125,000 upon grant award and appropriate funds to the FY 2004-05 Budget to conduct PM sampling for the Children's Health Study, and 2) execute a sole-source contract with USC to conduct supplemental ambient PM measurements for the Children's Health Study. (Review: Technology 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); National Paint & Coatings Association, et al. v. South Coast Air Quality Management District, et al., Ninth Circuit Court of Appeals Case No. 04-55623; National Paint & Coatings Association v. South Coast Air Quality Management District, United States District Court Case No. CV 04-2213 DDP; 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; Carlos Valdez, et al. v. SCAQMD, et al., ConocoPhillips Company, Los Angeles Superior Court Case No. BS091276; and In Re Hayes Lemmerz International, Inc., et al.; HLI Creditor Trust v. SCAQMD, United States Bankruptcy Case No. 01-11490 (MFW), Adversary Proceeding No. 03-57292. ADJOURNMENT ***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |