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 27) Note: Consent Calendar items held for discussion will be moved to Item No. 28. 1. Minutes of July 13, 2007 Board Meeting and Minutes of August 3, 2007
Special Board Meeting 2. Set Public Hearing October 5, 2007
to Amend Rule 1403 - Asbestos Emissions from Demolition/Renovation Activities Rule 1403 - Asbestos Emissions from Demolition/Renovation Activities limits asbestos emissions from building demolition and renovation activities, including the removal and associated disturbance of asbestos-containing materials, as well as the storage and disposal of asbestos-containing waste material generated or handled by these activities. The proposed amendments are designed to clarify rule intent, and improve enforceability and overall rule effectiveness. (Review: Stationary Source Committee, September 28, 2007) Budget/Fiscal Impact 3. Execute Agreement to Cosponsor City of Los Angeles Initiative The Center for Urban Forest Research (CUFR) reported in a recent study that trees can remove significant amounts of particulate matter, carbon dioxide, ozone precursors, and other gaseous contaminants from the atmosphere. Encouraged with these results, CUFR is joining efforts with cities and local communities in California to apply, on a broader scale, the lessons learned from this study. In support of this effort, the City of Los Angeles has initiated a program to plant one million low VOC emitting trees within the City’s jurisdiction. This action is to execute an interagency agreement with the City of Los Angeles to cofund this initiative at a cost not to exceed $1,000,000 from the Los Angeles Department of Water & Power (LADWP) Settlement Projects Fund. The monies are from LADWP Settlement funds which had been previously transferred to the Clean Fuels Fund. (Review: Technology Committee, July 27, 2007) 4. Execute Contract to Cosponsor Demonstration of Advanced Fuel Cell
Bus The AQMD has long supported fuel cell transit bus projects in order to accelerate their development and expose the widest possible ridership to this clean, zero-tailpipe emission technology. Sunline Transit Agency and their partners were recently awarded a grant from the Federal Transit Administration, as part of the National Fuel Cell Bus Program, to design, develop, and demonstrate an advanced technology American Fuel Cell Bus. This action is to award a contract to Sunline Transit Agency to conduct this project in an amount not to exceed $400,000 from the Clean Fuels Fund. The remainder of the $5.4 million project costs will be funded by the other project partners: FTA/CalStart, CARB, UTC, ISE, Sunline, and New Flyer. (Review: Technology Committee, July 27, 2007) 5. Execute Contract to Cosponsor Demonstration of Heavy-Duty Hybrid
Vehicle As part of the Plug-in Hybrid Electric Vehicle (PHEV) Action Plan adopted by the Board in April 2007, staff was directed to evaluate pathways to PHEVs. One pathway is to replace existing diesel applications with hybridized gasoline engines and further investigate duty-cycles appropriate for the plug-in technology. This action is to award a contract to WestStart-CalStart and its partners to develop and demonstrate a heavy-duty gasoline hybrid for use in the FedEx fleet and evaluate heavy-duty applications for plug-in technology in an amount not to exceed $325,000 from the Clean Fuels Fund. The remainder of the $595,000 total project costs will be supported by FedEx and the National Renewable Energy Laboratory. (Review: Technology Committee, July 27, 2007) 6. Execute Contract to Demonstrate NOx and PM Emissions Control on
Construction Equipment Diesel-powered construction equipment contributed approximately 120 and 7.5 tons per day of the total Basin NOx and PM emissions in 2006. Selective catalytic reduction (SCR) technology has been shown to reduce NOx emissions from stationary sources and on-road vehicles, and because it works as an oxidation catalyst, it is also capable of reducing PM, hydrocarbon, and toxics contaminants. This action is to request award of a contract to Engine, Fuel, and Emissions Engineering, Inc. to design, install, quantify emissions of, and demonstrate SCR technology on at least two heavy-duty construction equipment engines at a cost not to exceed $135,830 from the Clean Fuels Fund. The total cost of the proposed project is $330,850 and Engine, Fuel, and Emissions Engineering, Inc. and the County Sanitation Districts of Los Angeles County will provide $195,020 in in-kind contributions. (Review: Technology Committee, July 27, 2007) 7. Execute Contracts for Renewable Energy Projects in Communities
Surrounding Electrical Generating Facilities In September 2006, the Board directed staff to use one-third of the mitigation fees collected pursuant to Rule 1309.1(g) to fund renewable energy projects, including solar power, in communities located as close as possible to the new or modified power plant projects. On February 2, 2007, the Board approved the release of a RFP for solar and other renewable energy projects in communities surrounding ten electrical generating facilities. The RFP was issued in an amount up to $5,262,484, which included one-third of the current balance of mitigation funds in the Rule 1309.1 Priority Reserve. The RFP closed on April 27, 2007. The program was oversubscribed with over three hundred individual projects submitted, mostly consisting of solar photovoltaic residential projects. This action is to execute contracts for renewable energy projects in an amount not to exceed $5,262,484 using Rule 1309.1 mitigation funds. (Review: Technology Committee, July 27, 2007) 8. Execute Truck Fleet Modernization Contracts for Carl Moyer Program On July 7, 2006, the Board approved the release of Program Announcement to solicit projects at a cost not to exceed $6 million under the Carl Moyer Truck Fleet Modernization Program. These projects are evaluated on a first-come, first-served basis, and are submitted on a monthly basis to the Board for approval. This action is to execute fleet modernization contracts in an amount not to exceed $277,443 from the Carl Moyer Program Fund SB 1107 Account. 9. Transfer Funds from Carl Moyer Program Fund SB 1107 Account to FY
2007-08 Budget of Science & Technology Advancement To support AQMD’s outreach and administrative activities directly related to the Carl Moyer Program, it is necessary to transfer funds from the administrative portion of the Carl Moyer Program Fund SB 1107 Account to the General Fund. This action is to transfer $300,000 from the Carl Moyer Program Fund SB 1107 Account to the FY 2007-08 Budget of Science & Technology Advancement, Services and Supplies Major Object, Professional and Special Services Account to support Carl Moyer Program outreach and administrative activities. (Review: Technology Committee, July 27, 2007) 10. Transfer Funds from Undesignated Reserves and Execute Contract to
Develop and Demonstrate Diesel Particulate Filter on Pacific Harbor Line Switch
Locomotive In September 2006, the Board approved execution of a contract with Miratech Corporation to develop and demonstrate a Diesel Particulate Filter on a Pacific Harbor Line switch locomotive. That action also recognized the receipt of revenues from U.S. EPA and Caltrans. A contract with Miratech was unable to be executed in FY 2006-07 due to a number of delays including receipt of the U.S. EPA and Caltrans grant awards and a final agreement for critical subcontractor participation in the project. This action is to transfer $107,125 from Rule 1309.1 Priority Reserve Fund, recognize $100,000 revenue from U.S. EPA and $380,000 from Caltrans, appropriate funds from Undesignated Fund Balance and execute a contract with Miratech Corporation in an amount not to exceed $307,125. (Review: Technology Committee, July 27, 2007) 11. Approve Appropriation of Funds Designated for Permit Streamlining
to AQMD's FY 2007-08 Budget On November 3, 2006, the Board authorized appropriation and expenditure of $650,000 for Professional and Temporary Services in AQMD's FY 2006-07 budget from the $2,000,000 specifically designated for Permit Streamlining as part of the June 9, 2006 approval of the AQMD's FY 2006-07 budget. The Permit Streamlining designation was to fund a series of staffing and program enhancements to increase permitting efficiency and customer service. Staff has begun implementation of these permit streamlining enhancements as part of the AQMD's FY 2006-07 budget appropriation and used $420,000 of the $650,000 with the remaining unused portion at the end of FY 2006-07 being returned to the General Fund designated for Permit Streamlining. This action is to request appropriation of $230,000 to AQMD's FY 2007-08 budget to further implement these permit streamlining enhancements. (Review: Administrative Committee, July 20, 2007) 12. Appropriate Funds for Headquarters Refurbishment and Issue RFPs
to Re-roof Child Care Center and Seal and Re-stripe Parking Lots In FY 2006-07, the Board appropriated funds for several building refurbishment projects that, for various reasons, could not be completed. This action is to re-appropriate to the FY 2007-08 Budget $845,000 that was previously approved for building projects and to augment this appropriation by $60,000 to cover increased costs for re-roofing the child care center and refurbishing elevator cars, for a total appropriation of $905,000. This action is also to issue RFPs to re-roof the child care center and to seal and re-stripe parking lots. Funds would be appropriated from the special designation set aside for building refurbishment projects. (Review: Administrative Committee, July 20, 2007) 13. Add and Delete Positions in FY 2007-08 Budget and Appropriate
Funding for Insurance Tracking System To provide enhanced oversight of contractor compliance with insurance requirements for Technology Advancement’s Carl Moyer Program projects, this action is to add an Office Assistant position in Administrative and Human Resources and to appropriate funding for an automated insurance certificate tracking system. Also, this action is to add a Systems and Programming Supervisor position in Information Management and to delete a vacant Information Systems Training Specialist position. The cost of these actions, based on current annual top-step salaries and benefits, is approximately $156,763. The fully burdened cost of the Office Assistant position and the automated insurance tracking system, which is approximately $78,950, would be funded by the State’s Carl Moyer Program. (Review: Administrative Committee, July 20, 2007) 14. Amend Salary Resolution to Establish Designated Deputy Salary In the FY 2007-08 Budget, a new Director, Strategic Initiatives was added to Planning, Rule Development, and Area Sources to develop and evaluate air quality policies and strategies to address global warming and greenhouse gas issues, in response to the Global Warming Solutions Act of 2006 (AB 32), in addition to managing planning and rule development activities. This action is to amend AQMD’s Salary Resolution to establish the salary for the Director, Strategic Initiatives at $141,149. At its July 19 and August 16, 2007 meetings, the MSRC approved multiple contract awards and modifications under the FYs 2006-07 and 2007-08 AB 2766 Discretionary Fund Work Programs. Awards include funding for infrastructure projects, local government match projects, advanced low-emission heavy-duty natural gas engines for solid waste collection vehicles, CNG school bus incentives, MSRC website upgrades, and programmatic outreach services. The MSRC also recognized a correction to a contractor’s name for a local government match award under the FY 2005-06 Work Program. The MSRC seeks AQMD Board approval for these contract awards, modifications and corrections under the FYs 2005-06, 2006-07 and 2007-08 Work Programs. (Review: Mobile Source Air Pollution Reduction Review Committee, July 19, 2007 and August 16, 2007) Action Item/No Fiscal Impact 16. Adopt Resolution Amending Records Retention Schedule State law 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. On May 6, 2005, the Board adopted the District’s Records Retention Policy and Records Retention Schedule. Pursuant to the Policy, District staff has conducted a periodic review of the current records categories and retention periods and has made recommendations for changes, where appropriate. (Review: Administrative Committee, July 20, 2007) Information Only - Receive and File 17. Public Affairs Report This report highlights the June and July 2007 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 18. Hearing Board Report This reports the actions taken by the Hearing Board during the period of June 1 through July 31, 2007. 19. Civil Filing and Civil Penalties Report This reports the monthly penalties from May 1 through June 30, 2007, and legal actions filed by the District Prosecutor during May 1 through June 30, 2007. A glossary explaining the key terms and Index of District Rules are attached with the penalty report. 20. 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 June 1, 2007, and July 31, 2007, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, July 27, 2007) 21. Annual Report on AB 2766 Funds from Motor Vehicle Registration Fees
for This report contains data on the AB 2766 Subvention Fund Program for FY 2005-06 as requested by CARB. (Review: Mobile Source Committee, July 27, 2007) 22. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2007. 23. Status Report on Major Projects for Information
Management Scheduled to Start During First Six Months of 2007-08 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 first six months of FY 2007-08. 24. Audit Report of AB 2766 Fee Revenue Recipients for FYs
Ending June 30, 2004 Health and Safety Code Section 44244.1 requires any agency that receives fee revenues subvened from the Department of Motor Vehicles to be audited once every two years. This audit of AQMD's share, MSRC's share, and local governments' share of such subvened funds performed by independent Certified public Accountants, has been completed and makes certain recommendations for improvement in some areas. (Review: Administrative Committee, July 20, 2007) 25. Report of RFPs and RFQs Scheduled for Release in
September This report summarizes the RFPs and RFQs for budgeted services over $50,000 scheduled to be released for advertisement for the month of September. (Review: Administrative Committee, July 20, 2007) 26. FY 2006-07 Contract Activity This report lists the number of contracts let during FY 2006-07, the respective dollar amounts, award type, and the authorized contract signatory for the AQMD. This report includes the data provided in the March 2007 report covering contract activity for the first six months of FY 2006-07. 27. Summary of Changes to FY 2006-07 Approved Budget This is the annual report of budget changes for FY 2006-07. 28. Items Deferred from Consent Calendar BOARD CALENDAR 29. Administrative Committee 30. Legislative Committee 30A. Legislative Committee The Legislative Committee held a special meeting on Friday, August 31, 2007. The Committee considered the following items, for which it made recommendation for Board consideration.
31. Mobile Source Committee 32. Stationary Source Committee 33. Technology Committee 34. Mobile Source Air Pollution Reduction Review Committee 35. California Air Resources Board Monthly Report 36. California Fuel Cell Partnership Steering Team Report and Quarterly
Activity Reports On April 6, 2007, the Board approved the proposal to renew membership in the California Fuel Cell Partnership (CaFCP) for 2007. This report summarizes the CaFCP Steering Team meeting held June 19-20, 2007 and provides activity reports for the period beginning January 2007. (Review: Technology Committee, July 27, 2007) 37. Approve Update to Advanced Air Pollution Research Plan In November 2003, the Board approved an Advanced Air Pollution Research Plan Update for FYs 2003 to 2006 as part of the Strategic Alliance Initiative No. 5 - Strategic Alliance for Advanced Air Pollution Research. The initiative calls for updates to the three-year plan to reflect progress in conducting proposed research activities, available resources, additional research projects, and revisions to the schedule for future research studies. Staff has prepared an update to the plan for FYs 2007 to 2010. This research plan update contains research study proposals that would be initiated in-house or through extramural contracts over the next three years. Upon Board approval, staff will proceed with the implementation of the research plan. (Review: Mobile Source, Stationary Source, and Technology Committees, July 27, 2007) 38. Status Report on Regulation XIII – New Source Review This report presents federal final determinations of equivalency for August 2004 through December 2005. As such, it provides information regarding the status of Regulation XIII – New Source Review (NSR) in meeting federal NSR requirements and shows that AQMD’s NSR program is in final compliance with applicable federal requirements from August 2004 through December 2005. This report satisfies the reporting requirements of subdivision (b) of Rule 1310 - Analysis and Reporting and of subdivisions (d) and (e) of Rule 1315 - Federal New Source Review Tracking System. (Review: Stationary Source Committee, July 27, 2007) 39. Rule 1113 - Final Annual Status Report This final annual report for Rule 1113 describes program achievements with respect to the Workplan Objectives established by the Board in 1999. Rule-compliant architectural coatings are available in the marketplace and continue to demonstrate quality performance. Findings of the technology assessment for the Flat coating category limit, whose future compliance date is July 1, 2008, are discussed. (Review: Stationary Source Committee, July 27, 2007) PUBLIC HEARINGS At the special meeting of the Board on August 3, 2007, the Board adopted Rule 1309.1 with a provision that to obtain Priority Reserve credits to construct an electrical generating facility, the project proponent must demonstrate that renewable energy is not a viable option "for the power to be generated at that site." A previous amendment to delete the quoted language had been rescinded. Members of the Board have indicated that they wish to revisit the proposed amendment. To do so, however, will require amending the rule. This action is to authorize staff to set a public hearing and take other actions necessary to amend Rule 1309.1(c)(5)(B) to delete the quoted language. 41. Amend Rule 1175 - Control of Emissions from Manufacture of
Polymeric Cellular (Foam) Products The proposed amendments establish an alternative compliance option that has equivalent emission reduction benefits to the existing rule for expanded polystyrene block manufacturing operations. (Review: Stationary Source Committee, July 27, 2007) 42. Amend Rule 1112.1 - Emissions of Particulate Matter and Carbon
Monoxide from Cement Kilns Staff recommends that this item be continued to the October 5, 2007 Board meeting. The proposed amendments establish an alternative averaging time for grey portland cement kilns to that in Rule 407 contingent to CO mass emission limitations. (Review: Stationary Source Committee, July 27, 2007) 43. Report on RECLAIM Compliance, Enforcement and Reporting of
Credit Prices The average price of Compliance Year 2010 NOx RTCs traded in calendar year 2006 was $15,698 per ton, which exceeded the price threshold set under Rule 2015(b)(6). The high average price was partially caused by the way prices were reported for sales of blocks of RTCs which extend into perpetuity and the way AQMD averaged the reported price data. At its March 2007 meeting, the Board directed staff to recommend a more appropriate methodology for determining the average prices of such infinite-year block trades, to prepare a report to CARB and the U.S. EPA pursuant to Rule 2015(b)(6), to reassess RECLAIM pursuant to California Health and Safety Code section 39616(f), and to recommend any necessary amendments to Regulation XX - RECLAIM. This report is prepared in response to the Board’s directive and pursuant to the abovementioned requirements. It includes recommendation for a new price reporting and averaging methodology as well as for monitoring progress under Health and Safety Code 39616(f). (Review: Stationary Source Committee, July 27, 2007) PUBLIC COMMENT PERIOD – (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3) 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. 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:
In addition, it is necessary to recess to closed session pursuant to 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 several environmental groups). ADJOURNMENT ***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |