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:
CONSENT CALENDAR (Items 1 through 22) Note: Consent Calendar items held for discussion will be moved to Item No. 23. 1. Minutes of April 7, 2006 Regular Board Meeting and Minutes of April 7,
2006 and April 28, 2006 Special Board Meetings 2. Set Public Hearings June 2, 2006 to
Consider Amendments and/or Adoption to AQMD Rules and Regulations Budget/Fiscal Impact 3. Amend Existing Contract Funding for Organic Compound In March 2005, the Board approved a contract with Desert Research Institute to analyze particulate samples collected under MATES-III to determine diesel emission contribution. The existing contract is to analyze one year of samples collected. However, the MATES-III study has been extended for an additional year of monitoring as approved by the Board in May 2005. As part of the May 2005 Board action, $200,000 was budgeted to extend the analyses to the second year samples based on results reported for the first year set of particulate matter samples. Analyses to-date indicate that diesel emission contributions are discernable and analysis of the second year samples will provide valuable additional information necessary to complete MATES-III. This action is to extend the contract with Desert Research Institute to analyze the second year samples and to increase the existing contract at a cost not to exceed $200,000. (Review: Technology Committee, April 28, 2006) 4. Issue RFQ for Five Continuous PM2.5 Monitoring Systems U.S. EPA has allocated Section 103 Grant funds of $569,466 for the continuation of the PM2.5 monitoring program. Staff has identified a need to purchase new continuous PM2.5 monitoring systems as early as possible. This action is to issue an RFQ to acquire five continuous PM2.5 monitoring systems. Staff will bring a recommendation on the purchase of the continuous monitoring systems to the Board in the beginning of FY 2006-07. In addition, staff will bring a proposal to reallocate any unspent FY 2005-06 Section 103 Grant funds from Federal FY 2005 and a proposal to appropriate Federal FY 2006 funds to the FY 2006-07 Budget. These allocations were discussed with and approved by U.S. EPA. (Review: Administrative Committee, April 14, 2006) 5. Reallocate Funds from U.S. Department of Defense, Execute Purchase
Order, Issue RFQ, and Amend Existing Contract to Conduct Feasibility
Demonstration to Measure Low-Level Pollutant Concentrations In November 2005, the Board recognized revenues from the U.S. Department of Defense (DOD) to demonstrate the feasibility to measure low-level pollutant concentrations. Subsequent discussions with DOD regarding the scope of the proposed study has led to a need for different field equipment from the original proposal. This action is to: (1) reallocate funds from the second-year funding based on discussions with DOD, (2) execute a sole-source purchase order for a HAPSITE portable gas chromatograph/mass spectrometer, and (3) release an RFQ to purchase three ion mobility spectrometers. The total contract award of $876,000 from DOD remains the same with the proposed budget reallocation. In addition, since the Administrative Committee meeting, staff was notified by U.S. DOD that AQMD has been awarded an extension to the current contract to conduct additional field instrumentation testing at a funding of $964,240. As such, this action is to execute a contract modification with U.S. DOD to conduct the additional testing at a cost not to exceed $964,240. (Review: Administrative Committee, April 14, 2006) 6. Amend Contract for Coachella Valley PM10 Clean Streets Management
Program Coachella Valley Association of Governments (CVAG) has been overseeing a PM10 Clean Streets Management Program as part of the Coachella Valley PM10 SIP. CVAG indicated that in order to continue the program, they would need additional funding assistance over the next three years. The AQMD is providing funding assistance to the program, while CVAG is seeking additional federal funding that would sustain the program. However, CVAG indicated that the federal government has not yet made a final determination on funding. CVAG is requesting additional AQMD funding support to cover the program in the short-term and will reevaluate the program based on the federal government’s decision. This action is to amend the existing contract with CVAG for funding the Coachella Valley Clean Streets Management Program with an additional $500,000 from the Rule 1309.1 Priority Reserve Fund, and extending the contract for a period of up to one year. (Review: Technology Committee, April 28, 2006) 7. Execute Contracts for Rule 2202 AQIP and Allocate Funds to Assist in
Purchase of Natural Gas Fueled Vehicles for Taxicab Services One of the compliance strategies under Rule 2202 allows employers to invest in 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. The Board approved release of an RFP on February 3, 2006 to solicit projects to meet the Rule 2202 emission reduction targets for the second semi-annual period of 2005. Staff evaluated the proposals received by the March 17, 2006 due date. This action is to fund three AQIP project proposals in an amount not to exceed $787,131. In addition, a proposal specific to the buy-down of the cost of natural gas vehicles for taxicab services was submitted under the current solicitation. Staff believes that this proposal will provide additional air quality benefit specifically at commercial airports. This action is to also allocate $547,400 from the Rule 2202 AQIP funds to assist in the purchase of natural gas vehicles for taxicab services. Staff further recommends that $1,000,000 from the Clean Fuels Fund be transferred to Rule 2202 AQIP to assist in the purchase of additional natural gas vehicles for taxicab services for a total of $1,547,400.(Review: Mobile Source Committee, April 28, 2006) 8. Issue Program Announcement & Application for New CNG School Buses with
AB 923 Funds and Retrofit Diesel School Buses with State Funds This action is to approve issuance of a program announcement to replace pre-1987 school buses with new CNG buses in the amount of approximately $14 million in AB 923 funds, and to retrofit diesel school buses with PM trap filters in an amount not to exceed $5,449,000 in the state funds. (Review: Technology Committee, April 28, 2006) 9. Issue Level of Effort RFP for Technical Assistance for Advanced, Low- &
Zero-Emission Mobile and Stationary Source Pollution Control Technologies The RFP will solicit statements of qualifications from individuals and organizations potentially capable of providing expert technical consultation in a variety of specialized areas to support AQMD technology advancement activities. It is anticipated that multiple awards for level-of-effort contracts will be made from this solicitation. Sufficient funds are available from the Clean Fuels Fund to support this work in an amount not to exceed $300,000. (Review: Technology Committee, April 28, 2006) 10. Appropriate Funds from Designation for Litigation and Enforcement and
Authorize Amending Existing Contract with Shute, Mihaly & Weinberger to
Appropriate Such Funds The AQMD is currently represented in several major lawsuits by the law firm of Shute, Mihaly & Weinberger. These include litigation on the Fleet Rules, the Railroad Rules, the Architectural Coatings Rules, the Aggregate Mining Rule, and a threatened lawsuit over a power-plant project in Romoland. This action is to appropriate $250,000 from the Designation for Litigation and Enforcement to the District Counsel budget, Professional and Special Services account, and to authorize the Executive Officer to amend an existing contract with Shute, Mihaly & Weinberger to appropriate and expend these funds. (Review: Administrative Committee, April 14, 2006) 11. Adopt Resolution for Voluntary Employee Medicare Participation Three-year labor contracts approved by the Board in January 2006 included an agreement to recommend the Board adopt a resolution that would enable employees currently not paying Medicare taxes to elect, on a voluntary basis, to do so. This action is to adopt such a resolution, requesting the State of California Public Employees Retirement System (CALPERS), as agents for the Federal Social Security system, to conduct a Medicare election. The election would be open to all full-time regular employees not currently subject to Medicare taxes, and Medicare tax deductions would begin April 9, 2007. Based on employee survey results and current tax rates, staff anticipates AQMD’s annual cost would not exceed $35,000. (Review: Administrative Committee, April 14, 2006) 12. Appoint Members to AQMD Hearing Board The terms of office for the Hearing Board Attorney and Engineer Members, and their Alternates, expire June 30, 2006. An Advisory Committee was appointed as required by law. The Advisory Committee interviewed candidates and made its recommendation to the Administrative Committee. This action is to appoint members to fill the expiring terms. (Review: Administrative Committee, April 14, 2006) 13. This item was withdrawn by staff. 14. Approve Funding of Three Additional Air Quality
and Public Health-Related Projects from BP/ARCO Settlement Funds On April 7, 2006, the Board approved various projects for funding from BP/ARCO Settlement Funds and directed staff to return to Committee for further discussions regarding potential allocation of the balance of $290,000. On April 14, 2006, the Administrative Committee recommended funding in the amounts of $125,000 for an additional Refinery Inspector; $105,000 for Stationary Source Research & Development Funding in the Technology Advancement Office; and $60,000 for a RFP to select a Consultant to assist with Health Program Management for other selected projects. (Review: Administrative Committee, April 14, 2006) Action Items/No Fiscal Impact 15. Remove Various Fixed Assets from AQMD Inventory AQMD Administrative Policies and Procedures No. 20 requires a biennial Districtwide fixed asset inventory, an annual Science and Technology Advancement inventory, and the disposal of fixed assets declared surplus. In 2005, the biennial Districtwide fixed asset inventory was conducted. This action is to approve removal of surplus equipment, computer softwares, and motor vehicles determined to be obsolete or broken and not worth repairing. (Review: Administrative Committee, April 14, 2006) Information Only - Receive and File 16. Public Affairs Report This report highlights the March 2006 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 17. Hearing Board Report This reports the actions taken by the Hearing Board during the period of March 1 through March 31, 2006. 18. Civil Filing and Civil Penalties Report This reports the monthly penalties from January 1 through January 31, 2006, and legal actions filed by the District Prosecutor during February 1 through February 28, 2006. A glossary explaining the key terms and Index of District Rules are attached with the penalty report. 19. 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, 2006 and March 31, 2006, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, April 28, 2006) 20. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2006. 21. 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 14, 2006) 22. 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. 23. Items Deferred from Consent Calendar BOARD CALENDAR 24. Administrative Committee 25. Legislative Committee
26. Mobile Source Committee 27. Stationary Source Committee 28. Technology Committee 29. Mobile Source Air Pollution Reduction Review Committee 30. California Air Resources Board Monthly Report 31. Overview of Clean Cities Programs within AQMD Boundaries At the July 11, 2003 Board meeting, staff was directed to report back twice a year on 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 interaction between AQMD and local Clean Cities Coalitions and potential future cooperative efforts. (Review: Technology Committee, April 28, 2006) 32. Status Report on AQMD Support for California Fuel Cell
Partnership, Steering Team Meeting Report, and Proposal to Renew Membership for
Calendar Year 2006 Including Continued 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. 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 meeting. Also attached is the report for the CaFCP Steering Team meeting, which occurred April 18-19, 2006. There are two proposals for continuing AQMD’s participation in the CaFCP for a cash amount not to exceed $133,800 and for providing office space and utilities for the CaFCP Regional Coordinator position located at the AQMD. (Review: Technology Committee, March 31 and April 28, 2006) PUBLIC HEARINGS 33. Amend Rule 219 - Equipment Not Requiring a Written Permit Pursuant to
Regulation II This proposal adds new exemptions, simplifies or clarifies certain existing exemptions, and removes some existing exemptions applicable to certain agricultural equipment and hydrogen fluoride, LPG and anhydrous ammonia storage and transfer equipment above certain size. (Review: Stationary Source Committee, March 31, 2006, April 28, 2006) 34. Amend Rule 1132 - Further Control of VOC Emissions from High-Emitting
Spray Booth Facilities 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) 35. Amend Rule 1146.2 - Emissions of Oxides of Nitrogen from Large Water
Heaters and Small Boilers Rule 1146.2 was adopted in January 1998 to lower the emission limits for small boilers and large water heaters. The rule was amended, at the January 7, 2005 Board meeting, in order to address technical and cost issues for the retrofit of existing units. The proposed amendment will lower the emission limits of new units in order to partially offset emission reductions forgone from the extension of the compliance dates for existing units with the January 7, 2005 amendment of the rule. (Review: Stationary Source Committee, January 27, 2006) 36. Amend Rule 1195 - Clean On-Road School Buses 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) 37. Amend Rules 1186.1 - Less-Polluting Sweepers and 1196 - Clean On-Road
Heavy-Duty Fleet Vehicles 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) OTHER BUSINESS 38. Establish Classification and Add and Delete Positions To oversee critical assessment of existing to near-term emission-reduction technologies in support of both Technology Advancement’s contracts program and Planning and Rules’ development of new rules and the Air Quality Management Plan, staff recommends establishing a new single-position class of Environmental Technology Assessment Manager at a salary range of $89,541 – 108,849. Staff also recommends adding a position at this level in Science and Technology Advancement and deleting a Program Supervisor position in Planning, Rules and Area Sources. The net annual cost of these actions is $18,656. 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:
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 |