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. Most agenda items are described in a “Board Letter” which may be accessed by clicking the appropriate link below. Some Board Letters also have attachments in various formats, such as .doc, .xls, .ppt, .pdf, .zip, .exe, and others. Attachments can be accessed for viewing or downloading by clicking on the word “Attachment” at the end of the Board Letter.
CALL TO ORDER Pledge of Allegiance Opening Comments:
Update on California Hydrogen Highway Network Blueprint Plan
CONSENT CALENDAR (Items 1 through 20) Note: Consent Calendar items held for discussion will be moved to Item No. 21. 1. Minutes of June 3, 2005 Board Meeting 2. Set Public Hearings September 9, 2005 to Consider
Amendment and/or Adoption to AQMD Rules and Regulations to: Budget/Fiscal Impact 3. Execute Contract for Port- and Railroad-related Projects Staff proposes to contract with Zorik Pirveysian, a former AQMD Planning and Rules Manager, to provide assistance with port- and railroad-related tasks occurring over the next year. Health and Safety Code Section 40426.7 requires the Board make certain findings before contracting with certain AQMD employees within twelve months following the employee’s departure. Although Section 40426.7 applies to Mr. Pirveysian’s contract, the Board can make all the findings with regards to his proposed contract. (Review: Administrative Committee, June 10, 2005) 4. Execute Sole-Source Contract to Conduct
Locomotive Emissions Testing This action is to award a sole-source contract to Southwest Research Institute to conduct emissions testing at start-up and during idling of a locomotive at a cost not to exceed $150,000. (Review: Technology Committee, June 24, 2005) 5. Approve Carl Moyer Program Guideline under SB1107 and AB923 and Issue
Program RFP for FY 2004-05, and Amend Three Contracts and Execute Contract for
FY 2003-04 Carl Moyer Program This action is to approve the Carl Moyer Program Guideline under SB 1107 and AB 923, and to approve the release of an RFP to provide incentives for low emission on- and off-road vehicles and equipment for FY 2004-05 Carl Moyer Program. Total amount of available funding will be approximately $18.6 million, comprised of approximately $6.7 million collected under AB 923 for CY 2005, and $11,906,373 allocated to AQMD under SB 1107. If more funds become available by the time of awards approval, more projects will be awarded accordingly. This action is also to amend three prior project awards, and approve an additional award not to exceed the total returned funds of $919,736 for the Carl Moyer Memorial Air Quality Standards Program. (Review: Technology Committee, June 24, 2005) 6. Issue Program Announcement and Application for Installation of
Oxidation Catalysts After-Treatment on Diesel School Buses On September 3, 2004, the Board issued a program announcement to retrofit model years 1991-93 school buses with diesel oxidation catalysts (DOCs) with funding from U.S. EPA. On November 5, 2004, the Board awarded grants to five school districts to install a total of 49 DOCs for the sum of $122,500, leaving a balance of $127,500 in U.S. EPA funds. This action is to approve issuance of a new program announcement to retrofit additional model year 1991 through 1993 school buses with DOCs on a first-come, first-served basis until all the remaining U.S. EPA funds are exhausted. (Review: Technology Committee, June 24, 2005) 7. Issue Program Announcement for Projects under Rule 1121 Mitigation Fee
Program As of April 30, 2005, the AQMD has received $1,741,782 from water heater manufacturers as emission mitigation fees under Rule 1121. In March 2004, the Board approved emission reduction projects for a total of $804,197. This action is to issue a Program Announcement for the remaining amount of $937,585 to solicit stationary and mobile source NOx emission reduction projects. (Review: Technology Committee, June 24, 2005) 8. Issue Program Announcement for Air Quality Improvement Projects Funded
by Rule 1173 Mitigation Fees In December 2002, the Board approved amendments to Rule 1173 which include a mitigation fee provision. In lieu of connecting pressure relief devices (PRDs) to a vapor recovery system, facilities subject to Rule 1173 may elect to pay a mitigation fee for each release of VOC from any PRD exceeding the thresholds specified in the rule. In September 2003, the Board created a special revenue fund to account for revenues received and track projects funded with mitigation fees. Approximately $1.4 million is available to fund air quality improvement projects. This action is to issue a program announcement to solicit air quality improvement projects at the facility or in the surrounding communities. (Review: Technology Committee, June 24, 2005) 9. Authorize Purchase of PeopleSoft, Oracle and LibertyNet Software
Support PeopleSoft Integrated Financial/Human Resources System uses Oracle database software. The maintenance support for this system expires August 29, 2005. The AQMD’s Liberty Imaging System provides District users access to records maintained in electronic format. Support for this system will expire on July 31, 2005. This action is to obtain approval for the purchase of PeopleSoft, Oracle and LibertyNet software maintenance support for another year. Funds ($255,000) for this expense are included in the FY 2005-06 Budget. (Review: Administrative Committee, June 10, 2005) The MSRC’s FY 2003-04 Work Program included $4.3 million in awards under the Local Government Match Program, which provided up to $10,000 for medium-duty alternative fuel vehicles, up to $20,000 for heavy-duty alternative fuel vehicles, and a 50 percent match for alternative fuel infrastructure installations. As part of the FY 2003-04 Work Program, on June 4, 2004, the County of Orange was awarded $440,000 for CNG infrastructure, one heavy-duty CNG vehicle, and seven medium-duty CNG vehicles. At its June 23, 2005 meeting, the MSRC approved an award modification to the County of Orange to substitute four heavy-duty natural gas vehicles instead of the original seven medium-duty CNG vans. The $440,000 award amount remains unchanged as well as the other portions of the original award. This contract has not yet been executed. The MSRC requests Board approval of the award modification as part of the FY 2003-04 Work Program. The MSRC also requests authority to adjust the contract up to five percent and for the Board Chairman to execute the modified agreement. (Review: Mobile Source Air Pollution Reduction Review Committee, June 23, 2005) Action Item – No Fiscal Impact 11. Revise Class Specification This action is to update the class specification for the currently vacant single-position management class of Plant Engineer to revise duties and minimum requirements and to change the title to Building Maintenance Manager. These changes will enhance recruitment efforts and promotional opportunities. This recommendation has no budgetary impact. (Review: Administrative Committee, June 10, 2005) 12. Confirm Amendments to Rule 1110.2 - Emissions from Gaseous and
Liquid-Fueled Engines At the June 3, 2005 Public Hearing, the Board adopted the staff proposal to amend Rule 1110.2, but with a revision to allow agricultural facilities with emissions below 50 percent of the Title V thresholds additional time to comply. Staff has prepared specific rule language and is seeking confirmation that it reflects the Board’s intent. Information Only - Receive and File 13. Public Affairs Report This report highlights the May 2005 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 14. Report to Legislature and CARB on AQMD's Regulatory Activities for
Calendar Year 2004 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 new 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. 15. Hearing Board Report This reports the actions taken by the Hearing Board during the period of May 1 through May 31, 2005. 16. Civil Filing and Civil Penalties Report This reports the monthly penalties from April 1 through April 30, 2005, and legal actions filed by the District Prosecutor during May 1 through May 31, 2005. 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 May 1, 2005, and May 31, 2005, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, June 24, 2005) 18. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2005. 19. Report on Major Projects for Information Management
Scheduled to Start During First Six Months of 2005-06 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 2005-06. (Review: Administrative Committee, June 10, 2005) 20. Report on Clean Cities Programs within AQMD Boundaries At the July 11, 2003 Board meeting, staff was directed to report back twice a year on the activities of Clean Cities Coalitions in the South Coast District. This letter summarizes the current and recent activities of the local Clean Cities Coalitions. Also discussed is the interaction between the AQMD and the local Clean Cities Coalitions and potential future cooperative efforts. (Review: Technology Committee, June 24, 2005) 21. Items Deferred from Consent Calendar BOARD CALENDAR 22. Administrative Committee 23. Investment Oversight Committee 24. Legislative Committee The Legislative Committee considered agenda items including the following legislation for which the Board will consider approving positions:
*This reflects the concurrence of those committee members who were present. 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. Inter-District Transfer of
Emission Reduction Credits to Antelope Valley Air Quality Management District Lockheed Martin has requested transfer of VOC and NOx Emission Reduction Credits (ERCs) generated and issued at their Burbank facility in the SCAQMD to their facility located in Palmdale. Palmdale was previously part of the SCAQMD, but is now located in the Antelope Valley Air Quality Management District (AVAQMD). California Health and Safety Code Section 40709.6 and SCAQMD Rule 1309(i) specify the requirements that allow ERC transfer between air districts provided, in addition to meeting other requirements, approval of such transfer has been obtained from the Governing Boards of both the air district in which the ERC is generated and the air district to which the ERC is transferred. (Review: Stationary Source Committee, May 27, 2005) PUBLIC HEARINGS 31. Amend Rule 1162 - Polyester Resin Operations Proposed Amended Rule 1162 removes the requirement of applying gel coats solely with nonatomizing spray application techniques, establishes a list of acceptable low emitting spray application techniques for gel coat, and clarifies the use of hand-held spray equipment for gel coat touch-up and repair. In addition, the proposed amendment will add a transfer efficiency exemption for limited usage of certain specialty gel coat applications. (Review: Stationary Source Committee, April 22, 2005) 32. Implementation of SB656 - Measures to Reduce Particulate Matter SB656 calls for local air districts to identify PM control measures appropriate for local implementation from a list of feasible and cost-effective control measures compiled by CARB. SB 656 also requires air districts to adopt implementation schedules for any newly identifiable measures by July 31, 2005. (Review: Stationary Source Committee, June 24, 2005) OTHER BUSINESS 33. Overview of CARB/Railroad Statewide Agreement and Consideration of
Further AQMD Action The Executive Officer of CARB has negotiated and signed an MOU with the two railroads conducting over 80 percent of the rail-transport business in the state. The MOU, which was negotiated behind closed doors, contains a “poison pill” provision undermining any negotiations by any governmental body on the program areas addressed in the MOU. The MOU’s program areas are identical to the regulatory proposals contained in pending legislation sponsored by AQMD and in proposed rulemakings requested by the Governing Board. 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 Mining Association v. SCAQMD, Orange County Superior Court Case No. 05CC00031; Engine Manufacturers Association, et al. v. SCAQMD, et al., United States District Court Case No. CV-00-09065 FMC (BQRx); Western States Petroleum Association v. SCAQMD, et al., Los Angeles Superior Court Case No. BS 087190; Communities for a Better Environment v. SCAQMD, et al., ConocoPhillips Company, Los Angeles Superior Court Case Nos. BS091275 and BS091276; and four cases in the Los Angeles County Superior Court: City of El Segundo v. City of Los Angeles, Los Angeles Superior Court Case No. BS094279; Alliance for a Regional Solution to Airport Congestion v. City of Los Angeles, Los Angeles Superior Court Case No. BS094359; County of Los Angeles v. City of Los Angeles, Los Angeles Superior Court Case No. BS094320; and Federation of Hillside and Canyon Associations v. City of Los Angeles, Los Angeles Superior Court Case No. BS094503. It is also necessary for the Board to recess to closed session pursuant to Government Code section 54597.6(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] and to meet with labor negotiators regarding unrepresented employees [Agency Designated Representative: Eudora Tharp; Unrepresented Employees: Designated Deputies and Management and Confidential employees]. In addition, it is necessary to recess to closed session pursuant to Government Code section 54956.9(c) to confer with its counsel regarding determining whether to initiate litigation (one case). ADJOURNMENT
***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |