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 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:
Presentation of Award to Frances Keeler in Recognition of
CONSENT CALENDAR (Items 1 through 17) Note: Consent Calendar items held for discussion will be moved to Item No. 18. 1. Minutes of May 5, 2006 Board Meeting Budget/Fiscal Impact 2. Execute Contracts to Review Emissions Inventories and Health Risk
Assessments Developed for Rule 3503 - Emissions Inventory and Health Risk
Assessment for Railyards On December 2, 2005, the Board approved release of an RFP to secure assistance with reviewing emission inventories and health risk assessments submitted by railyards per the requirements of Rule 3503. Eleven proposals were received and reviewed by a qualified evaluation panel. It is recommended that the five most qualified bidders be awarded time and materials contracts for a total amount not to exceed $500,000 for Fiscal Year 2005-06. The funds will be reimbursed by fees paid by the railyards, contingent on the Board's approval of the June 2006 fee amendments. (Review: Administrative Committee, March 10, 2006) 3. Execute Contracts for CEQA Consultant Assistance At its March 3, 2006 meeting, the Board approved the release of an RFP to secure assistance with preparing the Program Environmental Impact Report (PEIR) for the 2007 Air Quality Management Plan and other CEQA projects including updating AQMD’s CEQA Air Quality Handbook. Two proposals were received and reviewed by a qualified panel. Both proposals passed the technical evaluation step and were further evaluated and scored by costs, based on the cost proposal for preparing the PEIR. Both consultants are well qualified CEQA consulting firms and, therefore, it is recommended that both consultants be awarded time and materials contracts, divided between the consultants, in an amount not to exceed $118,000. This action is to execute contracts with Environmental Audit, Inc., for $90,000 and PCR Services Corporation for $28,000. Funds for this proposal, in an amount not to exceed $118,000, are available in the FY 2005-06 Budget. (Review: Mobile Source Committee, May 26, 2006) 4. Execute Contract to Expand Reformer System and Upgrade Hydrogen
Refueling Station in Coachella Valley On September 13, 2002, the Board awarded a contract with SunLine Services Group to install and demonstrate a natural gas reformer hydrogen refueling station. This station has successfully demonstrated the viability of on-site hydrogen production and has fueled numerous vehicles, including two fuel cell buses, a hydrogen internal combustion engine bus, HCNG buses, as well as numerous light-duty fuel cell vehicles. The original contract has expired, whereas demand for hydrogen fuel has increased. This action is to co-fund the upgrade of the existing infrastructure to commercial standards in an amount not to exceed $640,000 from the Clean Fuels Fund, with a total project cost of $1,200,000. (Review: Technology Committee, May 26, 2006) 5. Award Grant to Install Diesel Particulate Filter on Diesel Backup
Generators Omnitrans proposes to install a diesel backup generator at their San Bernardino facility. The backup generator meets the requirements of Rule 1470. However, given the proximity of the facility to a school campus located across the street from the facility, staff believes that the backup generator should be equipped with a diesel particulate filter. This action is to provide up to $12,500 from the Rule 1309.1 Priority Reserve Fund to cover the cost of installing a diesel particulate filter on this new backup generator. (Review: Technology Committee, May 26, 2006) 6. Approve Grants to Replace Pre-1977 School Buses with New CNG Buses The state has allocated $2.1 million to the AQMD under the State FY 2005-06 Budget Act of 2005 to replace 15 of the oldest pre-1977 school buses operating in the South Coast Air Basin. Five public school districts with 15 of the oldest pre-1977 diesel buses have been identified. This action is to replace these 15 buses with new CNG buses and to cover the cost of the associated infrastructure in an amount not to exceed $2,957,750, comprised of $2,100,000 from the Lower-Emission School Bus Fund, $322,000 from the Clean Fuels Fund, and $535,750 from the Carl Moyer Program Fund AB 923 Account. (Review: Technology Committee, May 26, 2006) 7. Authorize Purchase of Off-Site Storage and Destruction Services The AQMD maintains over 7,500 cubic feet of paper records in off-site storage. The AQMD also performs nightly tape backup onto magnetic tape for the various minicomputers and file servers under Information Management’s control. Record retention and best effort in vital protection require off-site storage of these paper records and computer tapes in case of fire, earthquake or any other natural disaster. The AQMD’s Records Retention Policy also requires the destruction of all records and information that have reached the limit of their retention period. This action is to obtain approval for the purchase of destruction services for paper records and microfiche, and off-site storage services for paper records and nightly back-up tapes for one year. Funds for this purchase ($88,100) are included in the FY 2006-07 Budget. (Review: Administrative Committee, May 12, 2006) 8. Issue Program Announcement and Approve Sole-Source The MSRC developed a two-phase FY 2005-06 Work Program. Phase I was approved by the Board on September 9, 2005, and included $2.5 million for alternative fuel infrastructure and $2 million for CNG school bus incentives. Phase II was approved by the Board on April 7, 2006, and included $1 million for a Local Government Match Program and a $2 million set-aside for a conceptual Advanced Natural Gas Heavy Duty Engine Program, plus an additional $2 million for school bus incentives. On April 27th, and again on May 25, 2006, the MSRC met to consider two additional applications received for infrastructure funding under Phase I, a Program Announcement and sole-source award under Phase II, and two modification requests for additional funding for CNG school bus incentives. Currently, the MSRC requests approval of these awards/modifications and to issue the Program Announcement as part of 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, April 27 and May 25, 2006) Action Items/No Fiscal Impact 9. Approve Prequalified List of Law Firms for Employee Relations
Litigation and Negotiation Services On January 6, 2006, the Board approved release of an RFP for employee relations litigation and negotiation services. This action is to approve a list of prequalified law firms that can be used for these services over the next three years. (Review: Administrative Committee, May 12, 2006) Information Only - Receive and File 10. Public Affairs Report This report highlights the April 2006 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 11. Hearing Board Report This reports the actions taken by the Hearing Board during the period of April 1 through April 30, 2006. 12. Civil Filing and Civil Penalties Report This reports the monthly penalties from February 1 through February 28, 2006, and legal actions filed by the District Prosecutor during March 1 through March 31, 2006. A glossary explaining the key terms and Index of District Rules are attached with the penalty report. 13. 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 April 1, 2006 and April 30, 2006, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, May 26, 2006) 14. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2006. 15. Report of RFPs and RFQs Scheduled for Release in June This report summarizes the RFPs and RFQs for budgeted services over $50,000 scheduled to be released for advertisement for the month of June. (Review: Administrative Committee, May 12, 2006) 16. Status Report on Major Projects for Information
Management Scheduled to Start During Last Six Months of 2005-06 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. 17. This item was withdrawn by staff. 18. Items Deferred from Consent Calendar BOARD CALENDAR 19. Administrative Committee 20. Investment Oversight Committee 21. Legislative Committee The Legislative Committee considered agenda items on legislation described
below. In addition, the Board will consider positions for the following
legislation:
22. Mobile Source Committee 23. Stationary Source Committee 24. Technology Committee 25. Mobile Source Air Pollution Reduction Review Committee 26. California Air Resources Board Monthly Report PUBLIC HEARINGS 27. 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 June 2, 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, staff recommends the further continuation of this item to the July 7, 2006 Board meeting. (Review: Stationary Source Committee, May 26, 2006) 28. Adopt Executive Officer's FY 2006-07 Budget and Work Program The Executive Officer's Budget for FY 2006-07 represents the input over the past several months from Board members, staff, and the public. This year's process included meetings of the Budget Advisory Committee; a public hearing on February 3, 2006 to receive input on the AQMD's Program Goals and Objectives; and two budget workshops, one for the public held on April 12, 2006 and one for the Board held on April 28, 2006. This submittal transmits the required appropriations and reserves necessary to adopt the proposed budget. (Review: Administrative Committee, May 12, 2006) 29. Amend Regulation III – Fees Staff has prepared two options for Board consideration to amend Regulation III - Fees for FY 2006-07. Both options incorporate proposals to better recover program costs and changes to better clarify or correct existing language. Both options also include new Rule 313, which is proposed to consolidate administrative fiscal activities such as fee surcharges and Fee Review Committee activities. Option 1 includes an increase in fees reflecting the 2005 California Consumer Price Index (CPI) of 3.65 percent for most fee categories for FY 2006-07. Furthermore, in order to better recover program costs, Permit Processing Fees, Annual Operating Permit Renewal Fees and Annual Operating Emission Fees are proposed to be increased by an additional increment above the CPI, resulting in a total increase of 10 percent for each of the next three years through FY 2008-09. Option 2 proposes to increase all AQMD related fees by CPI for only FY 2006-07. (Review: Stationary Source Committee, April 28, 2006 and Administrative Committee, May 12, 2006.) 30. Amend Rule 1113 - Architectural Coatings The proposed amendment to Rule 1113 - Architectural Coatings has been developed to implement the recommendation of the most recent technology assessment for this rule. The proposed rule will reduce the VOC limits for specific coating categories, establish a separate category for high gloss nonflat coatings, set interim and postpone the final limits for high gloss nonflats, quick-dry enamels, specialty primers, and provide a limited exemption for Tertiary-Butyl Acetate from the VOC definition, and include other minor modifications to improve clarity and enforceability of the rule. (Review: Stationary Source Committee, April 28, 2006) 31. 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. (Review: Stationary Source Committee, April 28, 2006) 32. 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) 33. Adopt Proposed Rule 223 - Emission Reduction Permits for Large
Confined Animal Facilities Proposed Rule 223 establishes permitting and other requirements for large confined animal facilities, as defined by CARB, in California Health and Safety Code as a result of the enactment of Senate Bill 700. The permit for large confined animal facilities must include a plan to reduce emissions to the maximum extent feasible and the plan is to be updated annually. (Review: Stationary Source Committee, March 31, 2006) OTHER BUSINESS 34. Establish Four-Month Budget for Jones Day LLC for Attorneys' Fees and
Costs for Railroad Litigation and Appropriate Funds from Designation for
Litigation and Enforcement and Authorize Contracts to Expend Such Funds This item is to 1) establish a budget for the next four months of the Railroad Litigation for the law firm of Jones Day LLC for attorneys' fees and costs; 2) to appropriate funds from the Designation for Litigation and Enforcement; and 3) 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) 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., • Engine Manufacturers Association, et al. v. SCAQMD, et al., • Communities for a Better Environment v. SCAQMD, et al., ConocoPhillips
Company, • South Coast Air Quality Management District v. OceanAir Environmental, LLC,
Mahesh Talwar, Pierpoint Sport Fishing, Karl Smith, Daniel R. Strunk, et al.,
• American Railroad Transportation Builders Assn. v. EPA, • Romoland School District, et al. v. Inland Empire Energy Center, LLC, et
al., It is also necessary for the Board to recess to closed session under Government Code section 54956.9(c) to consider initiation of litigation (one case). 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
***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |