BOARD MEETING DATE: February 5, 2010 AGENDA NO. 30

Attendance

Vice-Chair Marion Ashley (via videoconference) called the meeting to order at 9:05 a.m. Present at the AQMD were Chair Ronald Loveridge (arrived at 9:15 a.m.) and Committee Member Josie Gonzales. Absent were Committee Members Bill Campbell, Jane Carney and Jan Perry. The following items were presented:

INFORMATIONAL ITEM:

Rule 1193 Clean On-Road Residential and Commercial Collection Vehicles

Dean Saito, Planning & Rule Manager, presented the proposed rule amendments to Rule 1193 Clean On-Road Residential and Commercial Collection Vehicles. Background information relative to past workshops and meetings on proposed Rule 1193 was presented. Staff summarized some of the major comments received to date on the proposed amendments. Information was provided on fleet population based on a recent survey of private and public fleets to ascertain potential impacts of the proposed amendments. Based on comments received and the fleet population data, staff is now proposing that the use of alternative fuel refuse vehicle be phased in rather than the September 2009 staff proposal to require 100 percent alternative fuel vehicles when new refuse service contracts or existing contracts are renewed. Specifically, the current proposed amendments would allow fleets with 50 or less vehicles, prior to January 1, 2012, three years from the start date of the service and fleets with more than 50 vehicles, two years. Any new refuse service contract or contract renewals after January 1, 2012 would have up to two years (January 1, 2014) to provide 100 percent alternative fueled refuse vehicles for the collection service. Staff evaluated the NOx and greenhouse gas emissions benefits of the two staff proposed amendments (September 2009 and January 2010). Staff also provided information relative to the differential cost of alternative fueled vehicles compared to conventional fueled vehicles, costs associated with additional alternative fuel refueling infrastructure, and potential cost savings associated with the use of alternative fueled vehicles. Staff indicated that there will be continued discussions with affected private fleets to gather further information on potential impacts. In addition, staff will meet with other stakeholders such as environmental organizations. Mr. Kelly Astor, who represents multiple refuse associations, provided comments to the Committee citing concerns that refuse companies are rate regulated by municipalities and generally have not been able to garner rate increases to cover the additional costs associated with the use of alternative fueled vehicles. Mr. Astor also indicated that staffs analysis of costs associated with the proposed amendments may be low. In addition, he expressed concerns relative to the potential disruption of alternative fuel supply during natural disasters; especially, for the use of roll-off refuse vehicles and requested that staff consider exempting roll-off vehicles from the proposed amendments. Lastly, Mr. Astor indicated that there is a type of refuse service contracts commonly known as evergreen contracts that are automatically renewed administratively that staff is proposing be covered as part of the proposed amendments. He believes that these contracts need to be considered differently in the proposed amendments. Staff indicated that when they meet with affected private fleets they will discuss the evergreen contracts further. In addition, Dr. Barry Wallerstein indicated that the Governing Board has delegated an authority to the Executive Officer to suspend regulations in times of declared natural disasters. Supervisor Josie Gonzales indicated the importance for Mr. Astor to submit his comments in writing in order for the Board to be made aware of industry's concerns.

ACTION ITEM:

Adopt Resolution Accepting Terms and Conditions of CARBs Lawn and Garden Equipment Replacement Program, Recognize Funds and Execute Contracts to Conduct 2010 Lawn Mower Exchange Program

Mr. Shashi Singeetham, Air Quality Specialist, provided a brief background of the Rule 2202 Air Quality Investment Program (AQIP) and the available funding; the summary and analysis of the proposals received; additional funding available from CARB; and staff recommendations for the 2010 Lawn Mower Exchange Program. Mr. Singeetham also shared the results of a survey measuring the satisfaction of prior participants in the Lawn Mower Exchange Program.

Chair Ron Loveridge and Supervisor Gonzales complimented the staff for the efficient manner in which the exchange programs are conducted. Kris Flaig, City of Los Angeles, inquired about the price for replacement batteries. Mr. Singeetham explained that a battery replacement typically costs about $99; however, participants are offered replacement batteries at a discounted price. Supervisor Gonzales suggested that a discount coupon be offered to the participants to encourage and promote continued use. Dr. Wallerstein instructed staff to include a battery replacement program in next years Request for Proposal. Supervisor Gonzales also commented about the possibility of creating ordinances to reduce green space.

Motion by Gonzales; seconded by Ashley; and unanimously approved.

INFORMATIONAL ITEMS:

Proposed New 8-Hour Ozone Standard

Dr. Jean Ospital, Health Effects Officer, presented the background for EPAs reconsideration of the National Ambient Air Quality Standard (NAAQS) for ozone. EPA has proposed to lower the primary standard, which is designed to protect public health, from the current 0.075 ppm to a level within the range 0.060 to 0.070 ppm averaged over 8 hours. EPA also proposed a new form for the secondary standard, which is designed to protect public welfare (vegetation damage). The form is a cumulative standard based on adding weighted hourly ozone levels over a 3-month period. EPA calculated that the proposed standard range would provide additional benefits to public health, and is within the range unanimously recommended by EPAs Clean Air Scientific Advisory Committee.

Staff showed recent air quality compared to the proposed standards. Monitored levels in the Basin are about 2 times higher than the range proposed for the primary standard, but from 4 to 8 times higher than the proposed range for the secondary standard. The projected mandatory date for attaining the primary standard is no later than 2031, while the secondary standard compliance is based on implementing all feasible control measures as expeditiously as practicable. Staff conducted sensitivity analyses based on the 2007 AQMP modeling to estimate the amount of NOx reductions needed to meet the proposed primary standards. Reductions of about 85% to 90% would be required to meet the range of the proposed standard.

Staff concurs with the proposed range as being based on the best available science, but suggested that the time frame may need to be adjusted to meet the standards. The approached taken by the California Clean Air Act was suggested as a more practical approach, which includes specific emissions reduction target dates, per capita exposure reductions, and the implementation of all feasible measures and an expeditious adoption schedule, instead of a prescribed attainment date.

Committee members asked what the new standards would mean for the Basin. Staff replied that it would essentially mean the elimination of fossil fuel combustion in the basin, and underscores the need to develop and deploy new technologies such as electric vehicles. The committee asked that comments be prepared for the proposed standards to transmit to EPA, and that the draft comments be discussed at the March Board meeting.

Findings from Air Quality Studies at Santa Monica Airport

Dr. Philip Fine, Atmospheric Measurements Manager, presented findings from recent AQMD and UCLA studies regarding pollutant levels in the communities around the Santa Monica Airport. Findings from both studies were consistent with one another and showed elevated levels of ultrafines in the community east of the runway, especially upon jet departures. Mayor Loveridge asked about the extent of the affected area, and Dr. Fine pointed to a figure in the presentation that showed the UCLA study detected influence up to 600 meters away. Mayor Loveridge also asked whether other airports in our jurisdiction have similar issues, and Dr. Wallerstein pointed out that the proximity of the residential community at Santa Monica Airport was unique. The Mayor inquired about what the next steps are for AQMD staff. Dr. Wallerstein stated that staff is working with Councilwoman Jan Perry, California Assemblymember Ted Lieu, and Los Angeles City Councilman Bill Rosendhal to come up with suggested measures and options to reduce exposure in the affected community.

Supervisor Gonzales inquired about the history of the Santa Monica Airport, i.e., who came to that area first, the residents or the jets, and who was responsible for the decisions that allowed jets there. She also inquired about what AQMD can do to assist local governments in their future land use decisions. Dr. Fine replied that the Airport has been there since the 1920s or 1930s, and that the residential area has grown around it. But that the recent increase in jet traffic has occurred in the last 10-20 years. He also replied that the City of Santa Monica asserts that FAA has the authority to allow or limit jets into the airport. Dr. Wallerstein added that, as with roadways, proximity matters, and that AQMD staff will explore creating a document for local planning agencies highlighting these important near-source issues.

Rule 2202 Activity Report

Written report submitted. No comments.

Monthly Report on Environmental Justice Initiatives CEQA Document Commenting Update

Written report submitted. No comments.

Other Business
None

Public Comment
None

The meeting adjourned at 10:35 a.m.