GOVERNING BOARD AGENDA
MEETING, April 7, 2006
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 may be accessed for viewing or downloading by clicking on the word “Attachment” at the end of the Board Letter. For help in downloading “.exe” or “.zip” files, please click here.
The agenda and documents in the agenda packet will be made available upon
request in appropriate alternative formats to assist persons with a disability.
Disability-related accommodations will also be made available to allow
participation in the Board meeting. Any accommodations must be requested as soon
as practicable. Requests will be accommodated to the extent feasible. Please
telephone the Clerk of the Boards Office at (909) 396-2500 from 7:00 a.m. to
5:30 p.m. Tuesday through Friday.
CALL TO ORDER
Pledge of Allegiance
Opening Comments:
- William A. Burke, Ed.D., Chair
- Other Board Members
- Barry R. Wallerstein, D. Env., Executive Officer
CONSENT CALENDAR (Items 1 through 19)
Note: Consent Calendar items held for discussion will be moved to Item No. 20.
1. Minutes of March 3, 2006 Board Meeting and
Minutes of March 22, 2006 Special Board Meeting
McDaniel (909) 396-2500
(smcdaniel@aqmd.gov)
2. Set Public Hearings May 5, 20061
to Consider Amendments and/or Adoption to AQMD Rules and Regulations
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
(A). Amend Rule 219 - Equipment Not Requiring a Written Permit Pursuant to Regulation II
Tisopulos (909) 396-3123
This proposal adds new exemptions, simplifies or clarifies certain existing exemptions, and removes some existing exemptions. (Review: Stationary Source Committee, March 31, 2006)
(B). Amend Rule 1132 - Further Control of VOC Emissions from High-Emitting Spray Booth Facilities
Tisopulos (909) 396-3123
The proposed amendment to Rule 1132 modifies the definition of Approved Emission Factors to exclude the use of the Unified Emission Factors (UEFs) rates for gel coat nonatomizing application in emissions calculations. (Review: Stationary Source Committee, March 31, 2006)
(C) Amend Rule 1195 - Clean On-Road School Buses
Hogo (909) 396-3184
Proposed amendments to Rule 1195 will extend the sunset date to allow the purchase of diesel-powered school buses based on the unavailability of alternative-fuel refueling stations within five miles of the school bus fleet and the unavailability of funds in the amount of $8,000 per school bus that would be used to fund the construction of an alternative-fuel refueling station. The proposed amendments are in response to near-term school bus vehicle acquisitions that are located in service areas where alternative-fuel refueling stations do not yet exist. (Review: Mobile Source Committee, April 28, 2006)
(D) Amend Rules 1186.1 - Less-Polluting Sweepers and 1196 - Clean On-Road Heavy-Duty Fleet Vehicles
Hogo (909) 396-3184
Proposed amendments to Rules 1186.1 and 1196 will extend sunset dates to allow acquisition of non-rule compliant vehicles where an approved Technical Infeasibility Certification has been issued based on unavailability of an alternative-fuel refueling station within five miles of 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, April 28, 2006)
1 At its March 3, 2006 meeting, the Board set a public hearing for May 5, 2006 to Amend Rule 1146.2 - Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers. (Return to Item 2)
Budget/Fiscal Impact
3. Execute Contract for Media Relations Services
Atwood (909) 396-3687
(satwood@aqmd.gov)
On January 3, 2006, the Board approved release of an RFP for Media Relations/Public Relations Services. Proposals were received by the RFP deadline and were evaluated based on the criteria stated in the RFP. This action is to execute a one-year contract with O'Rorke, Inc. in an amount not to exceed $170,000, with an option to renew for an additional year. (Review: Administrative Committee, March 10, 2006)
4. Execute Contract to Purchase Maintenance and Support Services for Mini
Computer Hardware/Software
Marlia (909) 396-3148
(cmarlia@aqmd.gov)
On January 6, 2006, the Board approved release of an RFQ to select a vendor capable of providing the most cost effective hardware/software maintenance and support services for mini computers. These mini-computers are used by most enterprise-level software applications at the AQMD, and currently support a suite of client/serve and web-based applications known collectively as the Clean Air Support System (CLASS). The CLASS applications are used to support all of the AQMD core activities. Maintenance support for these mini-computers expires April 30, 2006. This action is to obtain approval for the purchase of mini computer hardware/software maintenance and support services from Hewlett Packard Company for one year. Funds ($223,500) for these services are included in the FY 2005-06 Budget. (Review: Administrative Committee, March 10, 2006)
5. Approve Advisory Group Membership for AB 1222
Remote Sensing Pilot Program
Liu (909) 396-2105
(cliu@aqmd.gov)
AB 1222 (Jones) directs CARB to implement a pilot program to determine the feasibility of using remote sensing technology to quantify emissions from locomotives. In addition, AB 1222 directs CARB to establish an advisory group to make recommendations regarding the design and implementation of the pilot program. Furthermore, AB 1222 provides that the Boards of the AQMD and the Sacramento Metropolitan Air Quality Management District will determine the members to serve on the advisory group. This action is to approve the current members serving on the advisory group. The Sacramento Metropolitan Air Quality Management District will be taking a similar action.
6. Execute Contracts for Natural Gas Refueling Station Infrastructure
Liu (909) 396-3242
(cliu@aqmd.gov)
On November 4, 2005, the Board approved the release of an RFP to solicit proposals to facilitate the expansion of the LNG refueling infrastructure in the South Coast Air Basin and provide additional assurances that there will be adequate backup LNG supply during periods of possible disruption in LNG production or delivery in the amount of $500,000. Three proposals were received by the closing date. Staff believes that two of the three proposals qualify for funding as they meet the RFP requirements as well as provide innovative LNG fueling supplies. This action is to recommend funding the two proposals for a total amount not to exceed $500,000 from the Clean Fuels Fund. (Review: Technology Committee, March 31, 2006)
7. Execute Contracts for Technical Assistance for Goods Movement and Fuel
Ethanol and Administrative Assistance in Organizing Air Quality Related
Conferences and Issue RFP
Liu (909) 396-2105
(cliu@aqmd.gov)
On March 3, 2006, the Board approved release of an RFP to solicit proposals for (1) expert technical consultation in goods movement and fuel ethanol to support AQMD technology advancement activities, and (2) assistance in organizing conferences related to port emission controls and health effects of air pollution. Six technical proposals and two administrative assistance proposals were received and reviewed. This action is to execute contracts with two technical experts and one administrative assistant consultant to provide services at a total cost not to exceed $300,000 from the Clean Fuels Program. In addition, staff is recommending that the Board issue a new RFP for technical assistance in goods movement operations. (Review: Technology Committee, March 31, 2006)
8. Amend Contracts to Develop On-Road Heavy-Duty Natural Gas Engines
Meeting 2010 Emissions Standards by 2007
Liu (909) 396-2105
(cliu@aqmd.gov)
In 2005, the Board approved natural gas engine projects with John Deere Power Systems and Cummins Westport, Inc. to develop, demonstrate, and certify on-road heavy-duty engines meeting 2010 emissions standards by 2007. For both projects, the U.S. Department of Energy (DOE) was anticipated to provide significant cost share. However, the DOE 2006 budget does not include any natural gas engine development, resulting in a significant shortfall for these projects. Cummins Westport, Inc. and John Deere Power Systems indicated that they are committed to commercialize heavy-duty natural gas engines meeting 2010 emissions standards as early as possible given the budgetary shortfalls, but could not guarantee commercializing the engines by the beginning of 2007 without additional funding assistance. This action is to supplement the original awards with an additional $700,000 each from the Clean Fuels Fund. The total project costs of the two programs will be $1.39 million for the Cummins Westport, Inc. project and $1.3954 million for the John Deere Power Systems project with total costs over $12.5 million for both projects. (Review: Technology Committee, March 31, 2006)
9. Approve and Adopt Plug-in Hybrid Electric Vehicle Program
Liu (909) 396-2105
(cliu@aqmd.gov)
The AQMD has sponsored plug-in hybrid electric vehicle (PHEV) research and development since 2000. Through this support, PHEVs have gained national attention and are potentially poised for greater deployment. This action is to develop a program to further accelerate the development of PHEVs by: (1) increasing resources to address the technical challenges, (2) directing staff to promote the technology to local communities, and (3) joining the Austin Energy Plug-in Partners National Campaign. (Review: Technology Committee, March 31, 2006)
10. Set-aside Funds for Air Quality Improvement Projects under Rule 1173
Mitigation Fee Program
Liu (909) 396-2105
(cliu@aqmd.gov)
On July 8, 2005, the Board approved issuance of a Program Announcement for air quality improvement projects to be funded by Rule 1173 mitigation fees. A total of four proposals were received. However, none of the proposals met the evaluation criteria specified in the Program Announcement for various reasons. Based on the proposals submitted and in discussions with community and facilities representatives, staff proposes that a pilot demonstration of clean room systems at three elementary schools and a fenceline monitoring project be funded with the mitigation funds. This action is to set-aside $1,400,000 in mitigation funds for proposed projects under the Rule 1173 Mitigation Fee Program. (Review: Technology Committee, March 31, 2006)
11. Execute Purchase Order for Flame Ionization Detector Capable of
Measuring VOCs in Source Stack Gases
Hogo (909) 396-3184
(hhogo@aqmd.gov)
Volatile organic compounds (VOCs) are emitted from a variety of sources and have traditionally been measured using stack sampling methods followed by laboratory measurement techniques. Recent concerns regarding the level of VOCs being emitted from various sources on a continuous basis have been expressed. Staff has evaluated three newly developed technologies believed capable of measuring VOCs in real time in source stacks. This action is to execute a purchase order in an amount not to exceed $26,000 with VIG Industries Inc. for the purchase of a field portable flame ionization detector. Sufficient funds are available for this purchase in the FY 2005-06 Budget. (Review: Administrative Committee, March 10, 2006)
12. Authorize Purchase of CNG Vehicles for AQMD Fleet
Tharp (909) 396-3018
(etharp@aqmd.gov)
To reduce the number of high-mileage, high-maintenance-cost vehicles in AQMD's fleet and to promote the use of CNG vehicles, this action is to purchase 16 dedicated-CNG Honda Civic GX sedans and four dedicated-CNG Ford E350 8-passenger vans. After reviewing specifications of CNG vehicles available through local dealerships, staff has determined that these models meet AQMD's needs in terms of cost, size, and product availability. The cost of this purchase would not exceed $511,000, and funds are available in the FY 2005-06 Budget. (Review: Administrative Committee, March 10, 2006)
The MSRC developed a two-phase Conceptual FY 2005-06 Work Program, which was approved by the AQMD Board on September 9, 2005. The first phase includes $12.875 million in solicitations and projects, including $2.5 million allocated for alternative fuel infrastructure and $2 million for CNG school bus incentives. On March 23, 2006, the MSRC met to consider the second phase FY 2005 06 Work Program in Concept as well as one additional application received for alternative fuel infrastructure funding. On January 26 and March 23, the MSRC considered modification requests for additional dollars for CNG school bus incentives. At this time, the MSRC requests approval of these awards/modifications as part of the FY 2005-06 Work Program. The MSRC also 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, January 26 and March 23, 2006)
Information Only - Receive and File
14. Public Affairs Report
Abarca (909) 396-3242
(oabarca@aqmd.gov)
This report highlights the February 2006 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity.
15. Hearing Board Report
Camarena (909) 396-2500
(ecamarena@aqmd.gov)
This reports the actions taken by the Hearing Board during the period of February 1 through February 28, 2006.
16. Civil Filing and Civil Penalties Report
Mieras (909) 396-3400
(pmieras@aqmd.gov)
This reports the monthly penalties from December 1 through December 31, 2005, and legal actions filed by the District Prosecutor during January 1 through January 31, 2006. A glossary explaining key terms and Index of District Rules are attached with the penalty report.
17. Rule and Control Measure Forecast
Chang (909) 396-3186
(echang@aqmd.gov)
This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2006.
18. Lead Agency Projects and Environmental Documents Received by AQMD
Chang (909) 396-3186
(echang@aqmd.gov)
This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between February 1, 2006, and February 28, 2006, and those projects for which the AQMD is acting as lead agency pursuant to CEQA.
19. Status Report on Major Projects for Information
Management Scheduled to Start During Last Six Months of 2005-06
Marlia (909) 396-3148
cmarlia@aqmd.gov
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 2005-06.
20. Items Deferred from Consent Calendar
BOARD CALENDAR
Note: The March 24, 2006 Mobile Source Committee meeting was canceled; the next meeting is scheduled for April 28, 2006 at 9:00 a.m.
21. Administrative Committee
Chair: Burke
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
22. Legislative Committee
Chair: LaPisto-Kirtley
Abarca (909) 396-3242
(oabarca@aqmd.gov)
The Legislative Committee considered agenda items including the following state legislation for which the Board will consider a position:
Bill/Title Recommended Position
AB 1870 (Lieber) Air Pollution: Motor
Vehicle Support
Inspection and Maintenance
AB 2823 (Ruskin) Air
Pollution: District Support with Amendment
Compliance Programs
AB 2880 (Lieu) South Coast
Air Quality Support in Concept
Management District: Refineries
AB 2988 (Lieu) Dry Cleaning Operations Support with Amendments
SB 1191 (Hollingsworth)
California Environmental Oppose
Quality Act
SB 1601 (Lowenthal) Marine Ports: Emissions Support with Amendments
SR 23 (Florez) Relative to
Federal Clean Air Support
Regulation
AB 2501 (Lieu) South Coast
Air Quality Watch
Management District: Stationary Sources
AB 2824 (Ruskin) Air
Pollution Mapping: Watch
High-Risk Facilities: Schools
AB 2825 (Ruskin) School
Sites: Hazardous Watch
Emissions and
Substances: Environmental Impact
23. Stationary Source Committee
Chair: Loveridge
Coy (909) 396-2434
(ccoy@aqmd.gov)
24. Technology Committee
Chair: Wilson
Liu (909) 396-2105
(cliu@aqmd.gov)
25. Mobile Source Air Pollution Reduction Review Committee
Board Liaison: Antonovich
Hogo (909) 396-3184
(hhogo@aqmd.gov)
26. California Air Resources Board Monthly Report
(No Written Material - Transcripts of the meetings are available at CARB's
web site, www.arb.ca.gov)
Board Rep: Loveridge
McDaniel (909) 396-2821
(smcdaniel@aqmd.gov)
27. Status Report on AQMD Support for California Fuel Cell
Partnership and Proposal to Renew Membership for Calendar Year 2006 and Continue
Support for CaFCP Regional Coordinator Located at AQMD
Liu (909) 396-2105
cliu@aqmd.gov
On March 17, 2000, the Board approved joining the California Fuel Cell Partnership (CaFCP) as a full member. This status report summarizes the AQMD's support for the CaFCP and the benefits received by the AQMD per the request made at the February 24, 2006 Technology Committee. Additional action is requested to continue AQMD’s participation in the CaFCP in an amount not to exceed $83,800 for calendar year 2006; 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, March 31, 2006)
PUBLIC HEARINGS
28. Annual Report for 2005 on AB 2588 Air Toxics "Hot Spots" Program
Chang (909) 396-3186
(echang@aqmd.gov)
The Air Toxics "Hot Spots" Information and Assessment Act of 1987 requires local air pollution districts to prepare an annual report. Highlights for 2005 include: (1) approved air toxic inventory reports for 17 facilities; (2) requested updated health risk assessments for nine facilities; (3) finalized the health risk assessments for two facilities of concern to the community; (4) provided criteria and toxic emissions on the web and developed other website enhancements; (5) updated the risk assessment procedures for Rules 1401 and 212; and (6) maintained a backlog-free HRA evaluation. (Review: Stationary Source Committee, March 31, 2006)
29. Amend Rule 1178 - Further Reductions of VOC Emissions from Storage
Tanks at Petroleum Facilities
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
The proposed amendments to Rule 1178 clarify that other devices with control efficiencies equivalent to slotted fabric membrane covers are allowed for floating roof drain covers and clarify specifications for mechanical shoe seals for internal floating roof tanks. (Review: Stationary Source Committee, February 24, 2006)
30. Action Plan for AQMP Summit
Chang (909) 396-3186
(echang@aqmd.gov)
Staff will present an action plan for conducting a summit for involving experts in development of the AQMP, implementing outreach, and publicizing the plan to interested parties and the public.
OTHER BUSINESS
BOARD MEMBER TRAVEL – (No Written Material)
Board member travel reports have been filed with the Clerk of the Boards, and copies are available upon request
PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)
CLOSED SESSION – (No Written Material)
Wiese (909) 396-3460
(kwiese@aqmd.gov)
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:
- Association of American Railroads, et al. v. SCAQMD, et al.,
United States District Court Case No. CV06-1416 JFW (PLAx);
- Engine Manufacturers Association, et al. v. SCAQMD, et al.,
United States District Court Case No. CV-00-09065 FMC (BQRx);
- Communities for a Better Environment v. SCAQMD, et al.,
ConocoPhillips Company,
Los Angeles Superior Court Case Nos. BS091275 and BS091276;
- National Paint & Coatings Association, California Paint Alliance, et al.
v.
South Coast Air Quality Management District, et al.,
Orange County Superior Court Case Nos. 03CC00007, 03CC01247, and
04CC00002 consolidated cases); and National Paint & Coatings
Association, et al v. South Coast Air Quality Management District, et al.,
Ninth Circuit Court of Appeals Case No. 04-56241; and
- South Coast Air Quality Management District v. OceanAir
Environmental, LLC, Mahesh Talwar, Pierpoint Sport Fishing,
Karl Smith, Daniel R. Strunk, et al.,
Los Angeles Superior Court Case No. KC047828.
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].
ADJOURNMENT
Immediately following the regular Board meeting, the Board will hold a Special
Study Session in the Auditorium to Review and Approve Proposals for BP/ARCO
Settlement Funding Project Ideas.
***PUBLIC COMMENTS***
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Members of the public are afforded an opportunity to speak on any listed item before or during consideration of that item. Please notify the Clerk of the Board, (909) 396-2500, if you wish to do so. All agendas are posted at AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California, at least 72 hours in advance of the meeting. At the end of the agenda, an opportunity is also provided for the public to speak on any subject within the AQMD's authority. Speakers may be limited to three (3) minutes each. Note that on items listed on the Consent Calendar and the balance of the agenda any motion, including action, can be taken (consideration is not limited to listed recommended actions). Additional matters can be added and action taken by two-thirds vote, or in the case of an emergency, by a majority vote. Matters raised under Public Comments may not be acted upon at that meeting other than as provided above. Written comments will be accepted by the Board and made part of the record, provided 25 copies are presented to the Clerk of the Board. Electronic submittals to cob@aqmd.gov of 10 pages or less including attachment, in MS WORD, plain or HTML format will also be accepted by the Board and made part of the record if received no later than 5:00 p.m., on the Tuesday prior to the Board meeting. |
ACRONYMS
AQIP = Air Quality Investment Program
AVR = Average Vehicle Ridership
Cal/EPA = California Environmental Protection Agency
CARB = California Air Resources Board
CEMS = Continuous Emissions Monitoring Systems
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental
Research and Technology
CNG = Compressed Natural Gas
CO = Carbon Monoxide
CTG = Control Techniques Guideline
EV = Electric Vehicle
FY = Fiscal Year
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
LEV = Low Emission Vehicle
LNG = Liquefied Natural Gas
MOU = Memorandum of Understanding
MSERCs = Mobile Source Emission Reduction Credits
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NESHAPS = National Emission Standards for Hazardous Air Pollutants
NGV = Natural Gas Vehicle
NOx = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
PAMS = Photochemical Assessment Monitoring
Stations
PAR = Proposed Amended Rule
PM10 = Particulate Matter £ 10 microns
PM2.5 = Particulate Matter < 2.5 microns
PR = Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
RTC = RECLAIM Trading Credit
SCAG = Southern California Association of
Governments
SIP = State Implementation Plan
SOx = Oxides of Sulfur
SULEV = Super Ultra Low Emission Vehicle
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
U.S. EPA = United States Environmental Protection Agency
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle