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:
CONSENT CALENDAR (Items 1 through 26) Note: Consent Calendar items held for discussion will be moved to Item No. 27. 1. Minutes of April 1, 2005 Board Meeting 2. Set Public Hearings June 3, 20051
to Consider Amendments and/or Adoption to AQMD Rules and Regulations to: 1 Note:
The public hearing on the Proposed AQMD FY 2005-06 Budget and Work Program,
which was set by the Board on February 4, 2005 for May 6, 2005, has been
rescheduled to the June 3, 2005 Board meeting. back to item 2 Budget/Fiscal Impact 3. Execute Sole Source Contract with Los Angeles County Agricultural
Commission Department of Weights and Measures for Gasoline Vapor Recovery
Inspections and Testing This action would award the sum of $70,000 for FY 2005-06 to the Los Angeles County Agricultural Commission Department of Weights and Measures to conduct vapor recovery inspections and perform tests at retail gasoline dispensing facilities within the Los Angeles County portion of AQMD. This represents the continuation of a longstanding arrangement between AQMD and Los Angeles County Agricultural Commission Department of Weights and Measures. The existing one-year contract is scheduled to terminate on June 30, 2005. (Review: Stationary Source Committee, March 25, 2005 and Administrative Committee, April 8, 2005) 4. Execute Contract to Cosponsor Demonstration and Evaluation of
Pre-Commercial Plug-In Hybrid Electric Vans in AQMD Fleet and Transfer Funds
From Clean Fuels Program to Los Angeles Department of Water & Power Settlement
Projects Fund AQMD is currently participating in a project to demonstrate two gasoline-fueled plug-in hybrid vans designed with 20 miles zero emission range. The proposed action is to expand the demonstration of these prototypes in actual fleet use. Daimler Chrysler will produce at least 30 pre-commercial plug-in hybrid electric Sprinter vans and place them in fleet demonstrations in North America and Europe. EPRI will coordinate project participants in North America to evaluate design goals including performance, emissions, fuel economy, and ZEV range and evaluate operational data. Staff recommends that AQMD participate in the program by demonstrating five of these gasoline-fueled plug-in hybrid passenger vans in the AQMD fleet. Total project cost is $12,000,000 including AQMD cost not to exceed $933,050 from the Clean Fuels Fund. In addition, this action will transfer $66,950 from the Clean Fuels Fund to the Los Angeles Department of Water & Power (LADWP) Settlement Projects Fund to replace funds previously transferred to the Air Quality Investment Program Special Revenue Fund for electric lawn mower exchange within the LADWP jurisdiction. (Review: Technology Committee, April 22, 2005) 5. Execute Contract to Cosponsor Upgrade and Evaluation of Plug-In Hybrid
Electric Sedan with Lithium Polymer Batteries and Vehicle-to-Grid Power Flow AQMD previously awarded a contract to AC Propulsion for the development and evaluation of a plug-in hybrid electric vehicle with distributed power generation capability using off-board natural gas and Panasonic valve-regulated lead acid batteries. The cost to develop and evaluate the vehicle was $755,000 including contributions from Volkswagen, ARB, AQMD, AC Propulsion, and NREL. This action is to upgrade the vehicle with high power lithium polymer batteries, including the control system, to increase the zero emission range, improve the performance, and reduce the total vehicle weight. Staff recommends supporting the upgrade at a cost not to exceed $25,300. (Review: Technology Committee, April 22, 2005) 6. Execute Contract to Cosponsor Conversion of Light-Duty Vehicle to
Plug-In Hybrid Electric The AQMD has actively sponsored hydrogen infrastructure and vehicle (fuel cell and internal combustion engine) projects to demonstrate their viability and benchmark their performance. One potential barrier to ultimate consumer acceptance is the range achievable by these vehicles. Long-term research is continuing on hydrogen storage solutions but an immediate and attractive solution is utilizing battery-dominant or “plug-in” capability. This solution takes advantage of mature vehicle battery technology and enables zero-emission miles. This action proposes to convert a 2005 Toyota Prius to a plug-in hybrid and demonstrate improved mileage and zero emission range. Total project costs are $539,000, with AQMD requested support not to exceed $159,000 from the Clean Fuels Fund. (Review: Technology Committee, April 22, 2005) 7. Execute Contract to Cosponsor Development, Demonstration, and
Certification of Heavy-Duty Natural Gas Engine Meeting 2010 Emission Standards Heavy-duty vehicles are significant contributors to the Basin’s on-road vehicle emissions inventory, contributing over one-third of the NOx and two-thirds of the particulate emissions. For the 2010 Federal NOx standard of 0.2 g/bhp-hr, stoichiometric natural gas fueled engines with three way catalysts and exhaust gas recirculation have shown promise in the test cell but require real-world demonstrations and testing to verify their performance. This action is to award a sole-source contract award to Cummins Westport, Inc. to develop, demonstrate and certify a heavy-duty natural gas engine that meets the 2010 standard at a cost not to exceed $690,000 from the Clean Fuels Fund by 2007. Cost sharing is being provided by the U.S. DOE and Cummins Westport for the remainder of the $5,943,410 total project costs. (Review: Technology Committee, March 25, 2005) 8. Execute Contract to Cosponsor Conversion, Demonstration, and
Certification of Light-Duty CNG Pick-up Truck As part of the overall efforts to expand the deployment of the cleanest vehicle technologies in the South Coast Air Basin, the AQMD has supported the demonstration and deployment of alternative fueled engine technologies for various vehicle applications. Currently, there are no certified light-duty CNG trucks. This action is to cosponsor the development and integration of a natural gas engine conversion of a Chevrolet Colorado/GMC Canyon. The project will apply for SULEV certification of the 2005 and 2006 model year vehicles. Staff recommends AQMD support for this project in an amount not to exceed $52,000 from the Clean Fuels Fund. (Review: Technology Committee, March 25, 2005) 9. Execute Contract to Participate in California Fuel Cell Partnership for
Calendar Year 2005 and Provide Support for CaFCP Regional Coordinator Located at
AQMD On March 17, 2000, the Board approved joining the California Fuel Cell Partnership (CaFCP) as a full member. The CaFCP is a collaborative group composed of government agencies, automobile manufacturers, fuel suppliers, fuel cell technology providers and associate partners. Their primary focus is to demonstrate fuel cell vehicles through on-road operation in California and increase public awareness of the vehicles and fueling. This action is to continue AQMD’s participation in the CaFCP in an amount not to exceed $83,800 for calendar year 2005; and to also co-fund 50 percent, in addition to office space and utilities, for the CaFCP Regional Coordinator position located at the AQMD in an amount not to exceed $50,000. The total amount for the CaFCP activities will therefore not exceed $133,800. (Review: Technology Committee, April 22, 2005) 10. Execute Contract to Purchase CNG School Bus and Provide Supporting
Services for Purpose of Implementing School Bus Demonstration/Loaner Program On June 4, 2004, the Board approved an award to purchase a Type D, transit style CNG school bus for the purpose of implementing a school bus demonstration/loaner program. Subsequent to the award, the awardee indicated that they could not meet the contractual terms. Due to this unforeseen development, staff recommends ending negotiations with the current awardee. As part of the original RFP released on March 5, 2004, three proposals were received and evaluated by a panel according to the criteria established in the RFP. Based on this evaluation, this action is to award a contract to A-Z Bus Sales, Inc. for an amount not to exceed $162,402 from the Lower-Emission School Bus Replacement and Retrofit Program Fund to conduct the demonstration/loaner program. Added to the original bid by A-Z Bus Sales, Inc. ($138,402) is $24,000 for the inclusion into the program of the AQMD’s Type A CNG school bus. The addition of the AQMD’s school bus will provide additional opportunities for school bus operators to experience the operation of natural gas powered vehicles. (Review: Technology Committee, March 25, 2005) 11. Execute Contracts to Cosponsor Incentive Buy-down Program for CNG Home
Refueling Appliance Light- and medium-duty natural gas vehicles (NGVs) have been used primarily by centralized fleets, and expanding the use of alternative fuel vehicles to the general consumer market will further reduce air pollution in the Basin. Market research indicates that a major concern of consumers owning alternative fuel vehicles is availability of fueling infrastructure. Similar market research has indicated that availability of a home refueling appliance (HRA) to the vehicle consumer market would broaden the consumer base for NGVs. The AQMD has funded the development and commercialization of a HRA and the appliance is now available to the consumer. Due to the extensive research development efforts, the initial rollout cost of the HRA is significantly more expensive than anticipated. As such, last month the MSRC approved a buy-down program for the HRA. This action is to request Board approval to match the MSRC buy-down incentive for the HRA to further incentivize consumer interest in alternative fuel vehicles. Specifically, the proposed action is to execute sole-source contracts with American Honda Company at a cost not to exceed $300,000 and Fuelmaker Corporation at a cost not to exceed $100,000, to provide an additional $1,000 in incentive funding per HRA. The total cost will not exceed $400,000 (for 400 units) from the Clean Fuels Fund. (Review: Technology Committee, April 22, 2005) 12. Issue RFP to Solicit Projects to Meet Emission
Reduction Targets under Rule 2202 Air Quality Investment Program 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. This action is to release a revised RFP to solicit proposals to achieve emission reduction targets for the second semiannual period of calendar year 2004. The RFP provides a modified evaluation criteria for selection of projects for the AQIP funding. (Review: Mobile Source Committee, April 22, 2005) 13. Amend Contracts to Provide Short- and Long-Term Systems
Development and Support Services The AQMD currently has contracts with several companies for short- and long-term systems development services. These contracts are periodically amended to add budgeted funds as additional needs are defined. This action is to amend the contracts approved by the Board to add additional funding for needed development work. Funds for this purchase are included in the FY 2004-05 Budget. (Review: Administrative Committee, April 8, 2005) 14. Approve Contract Extension with U.S. Department of
Defense to Demonstrate Feasibility of Measuring Low-Level Pollutant
Concentration In August 2003, the Board authorized the execution of a contract with the U.S. Department of Defense (DOD) to demonstrate the feasibility of measuring low-level pollutant concentrations. Earlier this year, staff was notified by U.S. DOD that AQMD has been awarded an extension to the original contract to conduct additional field instrumentation testing for low-level pollutant concentrations at a funding of $876,000. This action is to execute a contract modification with U.S. DOD to conduct the additional testing at a cost not to exceed $876,000. Specific budget allocation requests and recognition of the U.S. DOD funds will be brought to the Board sometime during the beginning of FY 2005-06. (Review: Administrative Committee, April 8, 2005) The MSRC retains an independent contractor to provide technical assistance in support of the AB 2766 Discretionary Fund Program. Since the current Technical Advisor contract expires June 30, 2005, and no further options can be exercised, the MSRC unanimously approved release of an RFP to solicit services for FYs 2005-06 & 2006-07. The RFP closed March 8, 2005. At its April 28, 2005 meeting, the MSRC unanimously awarded the contract to Raymond Gorski, including an option for another two-year term to be exercised at the MSRC’s discretion, subject to funding approval by the AQMD Board. Concurrently, the MSRC also approved a contract modification to award additional funds to A-Z Bus Sales under its CNG School Bus Incentive Buydown Program. The MSRC requests Board approval of a contract modification as part of FY 2004-05 Work Program and a new award as part of FYs 2004-05/2005-06 Work Programs. Finally, the MSRC requests authority to adjust the contracts up to five percent and authority for the Board Chairman to execute agreements. (Review: Mobile Source Air Pollution Reduction Review Committee, April 28, 2005) Action Items – No Fiscal Impact 16. Adopt AQMD Records Retention Policy and Records Retention Schedules Recently enacted, AB 474 authorizes the governing body of a local district to approve a records retention schedule that classifies district records and establishes a standard protocol for the disposition or destruction of records. This action is to adopt the Records Retention Policy and Records Retention Schedules. If adopted, the Records Retention Policy and Schedules will supersede the District's existing Records Retention Plan (adopted November 6, 1981). (Review: Administrative Committee, April 8, 2005) 17. Revise Public Records Act Implementation Guidelines State law requires the AQMD to have written guidelines for accessibility to public records in AQMD’s possession. The guidelines currently in use were last revised in 2001. This action is to update the guidelines with regard to changes in the California Public Records Act since 2001. 18. Revise September 2, 2005 Board Meeting Date to September 9, 2005 At the April 8, 2005 Administrative Committee, a request was made to move the September 2, 2005 Board Meeting to September 9, 2005. This action requests Board approval to revise the Board Meeting Schedule for Calendar Year 2005 to reflect this change to the September meeting date. Staff further requests the Board’s approval to hold the Administrative Committee meeting also on September 9, 2005 after the Board Meeting and make a recommendation to cancel the Legislative Committee meeting set on the same date. (Review: Administrative Committee, April 8, 2005) Information Only - Receive & File 19. Public Affairs Report This report highlights the March 2005 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 20. This item has been withdrawn by staff. 21. Hearing Board Report This reports the actions taken by the Hearing Board during the period of March 1 through March 31, 2005. 22. Civil Filings and Civil Penalties Report This reports the monthly penalties from February 1 through February 28, 2005, and legal actions filed by the District Prosecutor during March 1 through March 31, 2005. 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 March 1, 2005, and March 31, 2005, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, April 22, 2005) 24. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2005. 25. Status Report on Major Projects for Information
Management Scheduled to Start During Last Six Months of 2004-05 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 2004-05. 26. Report of RFPs and RFQs Scheduled for Release in May This report summarizes the RFPs and RFQs for budgeted services over $50,000 scheduled to be released for advertisement for the month of May. (Review: Administrative Committee, April 8, 2005) 27. Items Deferred from Consent Calendar BOARD CALENDAR 28. Administrative Committee 29(A) Legislative Committee The Legislative Committee considered agenda items including the following legislation for which the Board will consider approving a position:
29(B) Special Meeting of Legislative Committee The Legislative Committee held a special meeting to consider the following legislation for which the Board will consider approving a position:
30. Mobile Source Committee 31. Stationary Source Committee 32. Technology Committee 33. Mobile Source Air Pollution Reduction Review Committee 34. California Air Resources Board Monthly Report 35. Approve Guidance Document for Addressing Air Quality Issues in General
Plans and Local Planning The AQMD Environmental Justice Program is designed to protect the right to live and work in an environment of clean air, free of airborne health threats for all residents of the District. In 2002, the Board expanded the program to include the development of a Model Air Quality Element for local governments to consider as they develop or revise their general plans. The “Guidance Document for Addressing Air Quality Issues In General Plans and Local Planning” provides a list of voluntary options for local governments to control air pollution and reduce health risks. The combined implementation of these strategies throughout the region will provide greater environmental equity and strengthen the local government partnership with AQMD to meet clean air standards. (Review: Mobile Source Committee, November 19, 2004 and February 25, March 25, and April 22, 2005) 36. Trends of Particulate Air Quality: An Update In 2004, the South Coast Air Basin and the Coachella Valley recorded the lowest maximum annual average PM10 concentrations since monitoring commenced in 1987. Similarly, annual average PM2.5 concentrations were also the lowest since monitoring began six years ago. Unlike the Coachella Valley, the Basin continues to exceed the federal standards for both annual average PM10 and PM2.5. While the Basin did not experience a violation of the 24-hour average PM10 standard in 2004, the daily average concentration exceeded the standard on one day in the Coachella Valley. However, this exceedance is being investigated as a potential "High Wind Event" for exclusion based on U.S. EPA's Natural Events Policy. Daily average PM2.5 concentrations in the Basin exceeded the federal standard at the majority of the monitoring stations. Favorable weather conditions which led to cooler temperatures and weaker inversions, together with continued implementation of the air pollution control strategies, have contributed to this year's observed trend. (Review: Mobile Source Committee, April 22, 2005) PUBLIC HEARINGS 37. Pre-Hearing for Proposed Rule 1401.1 - Requirements for New and
Relocated Facilities Near Schools A concept paper on Proposed Rule 1401.1 – Requirements for New and Relocated Facilities was presented to the Board in November 2004 and circulated for public review and comment for 60 days. The purpose of the pre-hearing is to highlight key issues with the rule development and to seek guidance from the Board including whether or not to proceed with rulemaking. Proposed Rule 1401.1 would establish more stringent risk requirements for new or relocated facilities siting near existing schools and impacting the schools. (Review: Stationary Source Committee, February 25, 2005, April 22, 2005) 38. Amend Rule 463 - Organic Liquid Storage Proposed Amended Rule 463 will remove the hydrogen sulfide content standard for crude oil and the associated test method which has been shown to be non-reproducible. Reliable alternative test methods do not exist and the hydrogen sulfide in crude oil has been shown to not off-gas. Other proposed changes are administrative in nature and include: clarifying language, changes to the definitions, addition of test methods for true vapor pressure, reinstatement of language linking the rule and the addendum, and addition of rule consistency language to the Test Methods section. (Review: Stationary Source Committee, March 25, 2005) 39. Amend Rule 1171 - Solvent Cleaning Operations The proposed amendments will implement the recommendations from a technology assessment of low-VOC cleaning materials. With respect to the cleaning of ink application equipment used for lithographic/letterpress printing, screen printing and ultraviolet/electron beam inks, staff proposes to delay by one year the July 1, 2005 compliance date and establish an interim limit. Additional time is necessary to fully assess the impact of promising new formulations on print quality, equipment life and costs. Staff proposes to extend and add limited exemptions for certain specialized cleaning categories. Other minor amendments are also being proposed. The Board will also make infeasibility findings for the limited exemptions and extended compliance dates. (Review: Stationary Source Committee, March 25, 2005) 40. Amend Regulation XX - Regional Clean Air Incentives Market (RECLAIM) Staff is proposing a series of administrative amendments to Regulation XX – Regional Clean Air Incentives Market (RECLAIM). Proposed amendments to Rule 2005 would clarify that emissions from affected sources shall include ship emissions as defined by Rule 1306. Related amendments to Rules 2000, 2011 and 2012 for necessary monitoring, recordkeeping and reporting for applicable ship emissions would be needed. Staff would also explore an alternative RTC holding period to offset emissions from a new source, subject to EPA staff’s concurrence. Also clarified in Rule 2005 will be RTC holdings requirement at the time of change in ownership. Furthermore, the January 7, 2005 amendments to Rule 2007 inadvertently omitted power plant authority to transfer credits to facilities under common ownership. The proposed amendments correct that situation. (Review: Stationary Source Committee, March 25, 2005) OTHER BUSINESS 41. Approve Request for Additional Resources to Conduct MATES-III
Monitoring for Additional Year The Board has allocated funds to conduct the Multiple Air Toxics Exposure Study (MATES-III) for an 18 month period which includes a one year air toxics monitoring element slated to end in April 2005. Due to the unusually high levels of rainfall this winter, air toxics monitoring data collected to-date indicate a much cleaner year than normal. As such, staff believes that extending the MATES-III air toxics monitoring element by an additional year will provide valuable information regarding the variation in air toxics levels from year to year and an indication of what current levels are in a more normal meteorological year. To conduct the additional year of measurements, staff has identified additional resource needs including retaining temporary staff services and extending external studies to better quantify diesel emission contributions. This action is to request the Board's approval for $835,000 from the Clean Fuels Fund to conduct the additional year of measurements. (Review: Technology Committee, April 22, 2005) 42. Approve Resolution to Fund Retirement and
Cleanup of Internal Combustion Engines of Agricultural Pumps with Funds
Generated under AB923 At its December 3, 2004 meeting, the Board approved a resolution regarding incentive funding programs under AB923. This action is to clarify that the previously approved funds for agriculture is for retirement and cleanup of internal combustion engines of agricultural pumps with funds generated under AB923. 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; In the Matter of the Approval of Permit to Construct (A/N 423384) and Approval of a Final Negative Declaration and Addendum for the ConocoPhillips Company Los Angeles Refinery (Case Nos. 4900-66 and 4900-67; Facility 800363); 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: SCAQMD Professional Employees Association and, depending on the outcome of the May 4 union representation election, either Teamsters Local 911 and/or South Coast Technical and Enforcement Employees Association and Office Clerical and Maintenance 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] and Government Code section 54956.9(b)(1) to confer with its counsel because, based on existing facts and circumstances, there is a significant exposure to litigation against the agency (one case). The facts and circumstances are a notice-of-intent to sue letter submitted to SCAQMD by a union group. ADJOURNMENT
***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |