SPECIAL MEETING OF THE GOVERNING BOARD
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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 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.
CALL TO ORDER Pledge of Allegiance Opening Comments:
Swearing In of Newly Appointed Board Member
Presentation to Outgoing Board Member Beatrice LaPisto-Kirtley
Presentation to Outgoing Hearing Board Alternates Michael Chang
Presentation of Retirement Award to Dennis Lytle and Chailaiwan “Pang” Mueller.
CONSENT CALENDAR (Items 1 through 22) Note: Consent Calendar items held for discussion will be moved to Item No. 23. 1. Minutes of June 2, 2006 Board Meeting and Minutes of June 9, 2006
Special Board Meeting Budget/Fiscal Impact 2. Set Public Hearings September 8, 2006 to Consider Amendments and/or
Adoption to AQMD Rules and Regulations
3. Execute Contract to Demonstrate Ultra-Low NOx Burner for Large
Industrial Boilers The Gas Technology Institute and Coen Company have developed an innovative ultra-low NOx burner capable of operation at less than 5 ppm NOx on large industrial boilers. This action is to field-demonstrate the prototype burner on a working boiler. Of the total $300,000 project costs, the AQMD's contribution is proposed to be an amount not to exceed $90,000 from the Clean Fuels Fund. The Southern California Gas Co. will also contribute $90,000, and the remaining $120,000 will be provided by Coen in the form of burner fabrication and installation services. (Review: Technology Committee, June 23, 2006) 4. Execute Contracts for Technical Assistance in Goods Movement On April 7, 2006, the Board approved release of an RFP to solicit proposals for expert technical consultation in goods movement operations and logistics. Three technical proposals were received and reviewed. This action is to execute contracts with technical experts to provide services at a total cost not to exceed $174,000 from the Clean Fuels Program. (Review: Technology Committee, June 23, 2006) 5. Appropriate Funds and Execute Sole-Source Contract to Conduct Remote
Sensing Device Technology Feasibility Study to Measure Locomotive Emissions On February 3, 2006, the Board appropriated $300,000 from the General Fund to the Science and Technology Advancement FY 2005-06 Budget, Professional and Special Services Account to conduct a feasibility study to measure locomotive emissions using remote sensing device (RSD) technology as required under AB 1222. However, a decision was not reached until recently on a contractor to conduct the study. As such, the $300,000 reverted back to the General Fund. In addition, CARB committed an additional $100,000 to ensure that all aspects of AB 1222 are implemented. This action is to enter into agreement with CARB to provide $100,000 for the AB 1222 study, appropriate $400,000 from the AQMD General Fund, and to execute a sole-source contract with Environmental Systems Products Holdings, Inc. to develop and implement the RSD feasibility study at a total cost not to exceed $400,000. (Review: Technology Committee, May 26, 2006) 6. Transfer Funds from Clean Fuels Fund to FY 2006-07 Budget
of Science & Technology Advancement and Authorize Withhold Payment on Completed
Contract with Closed Account Since FY 1999-2000, revenues from the state-mandated Clean Fuels Program have been directed to the Clean Fuels Fund. Periodically, funds are transferred from the Clean Fuels Fund to the General Fund to support AQMD activities directly related to the Clean Fuels Program. This action is to transfer $500,000 from the Clean Fuels Fund to the FY 2006-07 Budget of Science & Technology Advancement, Services and Supplies Major Object, Professional and Special Services Account to support Clean Fuels Program activities. In addition, an expired Clean Fuels Program contract with an unpaid balance was administratively closed in the Finance and Accounting System. The AQMD has a contractual obligation to pay the unpaid balance, which requires Board approval. (Review: Technology Committee, June 23, 2006) 7. Recognize Revenue and Approve Expenditures for International Asthma
Conference and International Clean Ports Conference Feedback from attendees of the Asthma Conference held on February 17, 2006 indicated a strong desire to have a follow-up conference on an international scale to gather additional scientific information and engage in further policy discussions on this subject. The Chairman’s Clean Port Initiative calls for the AQMD to host an international conference to organize ports along the Pacific Rim in a joint effort to reduce emissions from ocean-going ships as well as in-port emissions. This action is to recognize revenues, approve a conference budget for the International Asthma conference not to exceed $200,000 from the General Fund, Undesignated Reserves and a budget for the International Clean Ports Conference not to exceed $150,000 from the Clean Fuels Conference Fund. Sponsorship will be sought to replenish these funds. (Review: Administrative Committee, June 9, 2006) 8. Issue Program Announcement for Carl Moyer Fleet Modernization Program
and Execute Contract to Conduct
In-Use Emissions Testing Pre-1990 heavy-duty diesel trucks are high-polluting and contribute significantly to the South Coast Air Basin’s NOx, PM10, and VOC emissions. Pre-1990 trucks can emit two and a half times as much NOx and five times as much particulates as trucks meeting the current on-road heavy-duty engine exhaust emissions standards. The Carl Moyer program includes a heavy-duty on-road truck fleet modernization element under which incentive funds are provided to truck operators to replace pre-1990 vehicles with newer vehicles. This action is to release a Program Announcement to solicit projects to replace pre-1990 diesel trucks with Model Year 2006 diesel or natural gas trucks at a cost not to exceed $6 million contingent upon CARB approval of AQMD’s Fleet Modernization Plan, and to execute a contract with West Virginia University for $240,000 to conduct in-use emissions testing on heavy-duty trucks. The Board set-aside $6 million from the Carl Moyer Program for Fleet Modernization. Sufficient funds are available from the Clean Fuels Fund to conduct the in-use emission testing. (Review: Technology Committee, June 23, 2006) 9. Issue RFPs for Pilot Study of Air Purifier Systems in Classrooms On April 7, 2006, the Board directed staff to prepare RFPs for a pilot study of air purifier systems in classrooms to be funded with Rule 1173 Mitigation Fees. The pilot study will involve design and installation of classroom air purifier systems and ambient air testing before and after the installation to determine the efficacy of the filtration systems. This action is to issue an RFP in the amount of up to $1,050,000 for a pilot study of classroom air purifier systems with Rule 1173 Mitigation funds. (Review: Technology Committee, June 23, 2006) 10. Execute Contract for Student Co-op Program Since August 1995, AQMD has contracted with the Cal Poly Pomona Foundation for the services of student interns in Finance. These interns perform such tasks as assisting in the fixed asset inventory, financial report reconciliation, and miscellaneous payroll and accounting tasks. Over the past two years, a total of $56,000 has been expended. This action is to execute a three-year contract with the Cal Poly Pomona Foundation through August 31, 2009 in an amount not to exceed $24,000 per year for student intern services. College students throughout the region may be provided by the Foundation. Funds for this item have been included in the FY 2006-07 Budget. (Review: Administrative Committee, June 9, 2006) 11. Appropriate Funds from U.S. EPA for PM2.5 Program and Issue Purchase
Order U.S. EPA has allocated Section 103 Grant funds of $569,466 for the continuation of the PM2.5 monitoring program for Federal Fiscal Year (FFY) 2006 (October 2006-September 2007). This action is to appropriate funds to the FY 2006-07 Budget for the continuation of the PM2.5 monitoring program. Staff will bring a proposal to reallocate any unspent FY 2005-06 Section 103 Grant funds from FFY 2005 at a later date. In addition, staff has identified a need to purchase new continuous PM2.5 monitoring systems as early as possible to support the upcoming Air Quality Monitoring component of the Clean Ports Initiative. As such, this action is to issue a purchase order, upon receipt of the award, for the five continuous PM2.5 monitoring systems based on the RFQ results. These allocations were discussed with and approved by U.S. EPA. (Review: Administrative Committee, June 9, 2006) 12. Issue Purchase Orders for Purchase of Compressed Gases and Cryogenic
Liquids In March 2006, the Board approved the release of an RFQ to purchase compressed gases and cryogenic liquids. Several bids for compressed gases and cryogenic liquids were received and evaluated. This action is to issue purchase orders for the purchase of compressed gases and cryogenic liquids for FY 2006-07 with an optional extension to cover FY 2007-08. (Review: Administrative Committee, June 9, 2006) 13. 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, 2006. AQMD’s Liberty Imaging System provides District users access to records maintained in electronic format. Support for this system will expire on July 31, 2006. This action is to obtain approval for the purchase of PeopleSoft, Oracle and LibertyNet software maintenance support for another year. Funds ($270,000) for this expense are included in the FY 2006-07 Budget. (Review: Administrative Committee, June 9, 2006) 14. Authorize Execution of Memorandum of Understanding
between Member Agencies of Coachella Valley Association of Governments and South
Coast Air Quality Management District Since the early 1990s, local Coachella Valley jurisdictions and AQMD have cooperated in implementing PM10 dust controls to ensure healthful air. To ensure uniform dust control valley-wide, the most recently approved Coachella Valley PM10 State Implementation Plan called for dust control responsibilities to be specified through a formal agreement. The Coachella Valley Association of Governments has signed MOUs with its member jurisdictions that specify responsibilities and commitments for all agencies involved in Coachella Valley dust control. As a partner in the valley dust control efforts, AQMD is a needed signatory to formally establish compliance responsibilities as specified in the MOUs. This action is to authorize the Executive Officer to enter into an MOU with the Coachella Valley Association of Governments and its member agencies. (Review: Mobile Source Committee, May 26, 2006) Information Only - Receive and File 15. Public Affairs Report This report highlights the May 2006 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 May 1 through May 31, 2006. 17. Civil Filing and Civil Penalties Report This reports the monthly penalties from March 1 through March 31, 2006, and legal actions filed by the District Prosecutor during April 1 through April 30, 2006. 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 May 1, 2006 and May 31, 2006, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, June 23, 2006) 19. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2006. 20. Report of RFPs and RFQs Scheduled for Release in July This report summarizes the RFPs and RFQs for budgeted services over $50,000 scheduled to be released for advertisement for the month of July. (Review: Administrative Committee, June 9, 2006) 21. Report on Major Projects for Information Management
Scheduled to Start During First Six Months of 2006-07 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 2006-07. (Review: Administrative Committee, June 9, 2006) 22. Best Available Control Technology Guidelines Report and
Amendments Semiannually, staff reports new listings added to the BACT Guidelines in the last six months in Part B, LAER/BACT Determinations for Major Polluting Facilities. Staff is also proposing several amendments to Part D, BACT Guidelines for Non-Major Polluting Facilities. (Review: Stationary Source Committee, June 23, 2006) 23. Items Deferred from Consent Calendar BOARD CALENDAR 24. Administrative Committee 25. Finance Committee 26. Legislative Committee The Legislative Committee considered agenda items on legislation described
below. In addition, the Board will consider positions for the following
legislation:
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. Report on San Pedro Bay Ports Clean Air Action Plan 33. Report on Air Quality Summit PUBLIC HEARINGS 34. Amend Rule 219 - Equipment Not Requiring a Written Permit Pursuant to
Regulation II Board consideration of subdivision (q) of Proposed Amended Rule 219 was previously continued to the July 7, 2006 meeting along with relevant Board Resolutions to allow time for additional public review of this section pertaining to permits for agricultural equipment at small agricultural operations. (Review: Stationary Source Committee, May 26, 2006) 35. Amend Rule 1157 - PM10 Emission Reductions from Aggregate and Related
Operations The proposed amendment simplifies and streamlines the implementation of the high wind exemption provision in accordance with a settlement agreement reached last year with the industry. The proposed amendment specifies the additional dust control strategies that an aggregate facility must implement in order to qualify for the exemption. The Governing Board has discretion to approve or reject the proposed amendment. (Review: Stationary Source Committee, April 28, 2006) 36. Amend Rule 1171 - Solvent Cleaning Operations The proposed amendment will delay the compliance date for the use of low-VOC clean-up solvents on ink application equipment used in lithographic/letterpress printing (except newsprint), screen printing and ultraviolet/electron beam inks by 18 months to January 1, 2008. Additional time is necessary to allow further testing and industry transition to new cleaning materials. However, staff proposes to implement the 100 gram per liter VOC limit for clean-up solvents for ink application equipment used for lithographic printing on newsprint starting July 1, 2006 and allow the use of cleaners with 650 grams per liter of VOCs for automatic roller and blanket clean up systems (lithographic printing) until December 31, 2007. The Board will also make infeasibility findings for the extended compliance dates. (Review: Stationary Source Committee, April 28, 2006, June 23, 2006) 37. Report on SCAQMD 8-Hour Ozone Reasonably Available Control Technology,
State Implementation Plan South Coast AQMD is classified as Severe 17 and the Coachella Valley located in Riverside County is classified as serious non-attainment area with respect to the 8-hour ozone National Ambient Air Quality Standards (NAAQS). The U.S. EPA Final Rule to Implement the 8-Hour Ozone NAAQS (70 FR 71612, November 29, 2005) requires that areas classified as moderate or higher for the 8-hour ozone NAAQS must develop and submit a demonstration that their current air pollution rules fulfill the 8-hour ozone Reasonably Available Control Technology. The staff report has been developed to fulfill this obligation. (Review: Stationary Source Committee, June 23, 2006) OTHER BUSINESS 38. Execute Contracts for Carl Moyer Memorial Air Quality Standards
Attainment Program with Returned Funds from Incomplete Projects The AQMD has administered its Carl Moyer Program since FY 1998-99, awarding more than $85 million in projects for purchase of low-emitting heavy-duty vehicles, engines, and equipment. Some of the awarded contracts have been returned by the recipients due to various reasons such as economic conditions and other business priorities. This action is to execute new contracts under the Carl Moyer Program with companies that were unable to receive funds in the last round of awards in February 2006, with turn back funds in an amount not to exceed $9.1 million. (Review: Technology Committee, June 23, 2006) 39. Recognize Revenue and Appropriate and Reallocate Funds for PAMS and
Issue Purchase Orders for Laboratory and Field Equipment On May 2, 2006, the AQMD received the 14th year PAMS, Section 105 grant award from U.S. EPA, which allows the AQMD to move forward with the acquisition of equipment and complete the tasks for the current federal fiscal year. Unless this award is fully expended by the end of the federal fiscal year (September 30, 2006), there is no guarantee the funds will be still available. This action is to: 1) recognize revenue of $963,427 for Section 105 grant funds in the FY 2006-07 Budget; 2) appropriate and reallocate $899,684 to Science and Technology Advancement and Planning, Rules, and Area Sources FY 2006-07 Budgets; and 3) issue purchase orders for various laboratory and field equipment for a total amount not to exceed $819,684, the remainder to be spent on administration of the PAMS program. These allocations were discussed with and approved by U.S. EPA. (Review: Technology Committee, June 23, 2006) 40. Approve Salary Adjustments for Executive Officer and District Counsel The Personnel
Committee recommends four percent salary adjustments, which is less than CPI,
and consistent with adjustments provided management, confidential, professional,
and technical and enforcement employees, for the Executive Officer and District
Counsel, based on their Fiscal Year 2005-06 job performance. (Review: Personnel
Committee,
41.
Appropriate Funds from Designation for Litigation and Enforcement and Authorize
Contracts to Expend Such Funds This item is to 1) to appropriate funds from the Designation for Litigation and Enforcement in the amount of $900,000; and 2) authorize the Executive Officer to amend existing contracts with Jones Day LLC or enter into contracts with equally qualified firms to expend such funds to assist AQMD in defending the railroad rules. 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)
ADJOURNMENT
***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |