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.
The agenda and documents in the agenda packet will be made available upon
request in appropriate alternative formats to assist persons with a disability.
Disability-related accommodations will also be made available to allow
participation in the Board meeting. Any accommodations must be requested as soon
as practicable. Requests will be accommodated to the extent feasible. Please
telephone the Clerk of the Boards Office at (909) 396-2500 from 7:00 a.m. to
5:30 p.m. Tuesday through Friday.
All documents (i) constituting non-exempt public records,
(ii) relating to an item on the agenda, and (iii) having been distributed to at
least a majority of the Governing Board after the agenda is posted, are
available prior to the meeting for public review at the South Coast Air Quality
Management District Clerk of the Board’s Office, 21865 Copley Drive, Diamond
Bar, CA 91765.
CALL TO ORDER
Pledge of Allegiance
Swearing in of Reappointed Board Member Bill Campbell, Burke
Opening Comments:
- William A. Burke, Ed.D., Chair
- Other Board Members
- Barry R. Wallerstein, D. Env., Executive Officer
Presentation of Retirement Awards to Maria Cruz and Arun Roychowdhury, Burke
Update on Distribution of ‘State of the Air’ Video to Local Cable and Public Access TV Stations in South Coast Air Basin (No Written Material),
Atwood
CONSENT CALENDAR (Items 1 through 26)
Note: Consent Calendar items held for discussion will be
moved to Item No. 27.
- Minutes of January 8, 2010 Board Meeting
McDaniel (909)396-2500
(smcdaniel@aqmd.gov)
- Set Public Hearings March 5, 2010 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
- Amend Regulation IX - Standards of Performance for New Stationary Sources
Chang (909) 396-3186
(echang@aqmd.gov)
Periodic amendments to Regulation IX incorporate new or amended federal standards by reference. Three actions enacted by U.S. EPA in 2009, for NSPS, are proposed for incorporation into Regulation IX. The NSPS actions cover: compliance alternatives for fossil-fuel-fired steam generating units, electric utility steam generating units, and industrial-commercial-institutional steam generating units; amendment of SOx standards for certain stationary combustion turbines burning low-sulfur content biogas; and revision of some emission limits for certain equipment at coal preparation and processing plants. Affected industries include: industries using fossil-fuel-fired steam generators and industrial-commercial-institutional steam generating units; industries using stationary combustion turbines; and industries preparing and processing coal. (Review: Stationary Source Committee, January 22, 2010)
Budget/Fiscal Impact
- Authorize Implementation of High School Students’ Conference
Liu (909) 396-2105
(cliu@aqmd.gov)
This action is to seek approval and to recognize participated sponsors
funding and to expeditiously implement a conference for high school students
in May 2010. The conference will serve to foster awareness and increased
understanding of air quality and climate change issues and will include
well-known environmental speakers, information on career training, colleges
and volunteer opportunities in the environmental arena as well as technology
and transportation exhibits. Students from throughout our four-county region
will be invited to attend the conference. Staff recommends that the Board
approve allocating up to $300,000 from the Clean Fuels Conference Fund (Fund
26) to organize and host the conference, approve a conference budget and
authorize the Executive Officer to approve conference expenditures not to
exceed $570,000. The balance of $270,000 is anticipated to come from
co-sponsorship and exhibitors. (Review: Administrative Committee, January
15, 2010)
- Approve Additional Funds and Amend Grants for School Bus Replacements
Liu (909) 396-2105
(cliu@aqmd.gov)
At its December 5, 2008 and July 10, 2009 meetings, the Board approved Proposition 1B awards to public school districts to replace pre-1987 school buses with new alternative fuel school buses. Under CARB’s program guidelines, school districts are required to provide a local match of $25,000 for each new school bus purchased. Due to the economic downturn and school budget cuts, school districts are unable to provide their local match funds. To help alleviate this burden, these actions are to provide an additional $10,000 per bus as local match to public school districts, in an amount not to exceed $2.85 million from the Carl Moyer Program AB 923 Fund; and also to allow the Los Angeles Unified School District to use up to $2.6 million of its CNG infrastructure funds awarded on December 5, 2008, towards the required match funds for school bus purchases. (Review: Technology Committee, January 22, 2010)
- Adopt Resolution Accepting Requirements of
CARB’s Lawn and Garden Equipment Replacement Program, Recognize Funds and
Execute Contracts to Conduct 2010 Lawn Mower Exchange Program
Liu (909) 396-2105
(cliu@aqmd.gov)
At its November 6, 2009 meeting, the Board approved release of a Program Announcement to solicit competitive bids from cordless electric lawn mower manufacturers for the 2010 Lawn Mower Exchange Program. At that time, CARB cost-share was anticipated through their AB 118 AQIP Program. This action is to adopt a resolution accepting the requirements of CARB’s AB 118 AQIP Lawn and Garden Equipment Replacement Program 2009-10 Grant Proposal Solicitation and recognize funds in the amount not to exceed $816,000 from CARB to purchase additional lawn mowers. This action is to also (1) execute contracts with two manufacturers to conduct the 2010 Lawn Mower Exchange Program in an amount not to exceed $1,632,000; and (2) transfer $126,000 from the AQIP Special Revenue Fund to carry out the 2010 Lawnmower Exchange Program. (Review: Mobile Source Committee, January 22, 2010)
- This item was withdrawn by staff.
- Execute Contracts and Transfer Funds for Voucher Incentive Program
Liu (909) 396-2105
(cliu@aqmd.gov)
In May 2009, the Board recognized $3.4 million from CARB to implement the Carl Moyer On-Road Heavy-Duty Vehicle Voucher Incentive Program. As required, the AQMD identified an equal amount of local match, the largest portion from the AB 923 account. This action is to modify seven existing contracts and execute two new contracts with the dealerships to provide the reimbursements, and grant Executive Officer authority to redistribute the funds among the dealerships based on demand. The final action is to reimburse $35,000 from the SB 1107 Fund to the Executive Office Professional Services account for a previous voucher payment. (Review: Technology Committee, January 22, 2010)
- Execute Contract to Develop Truck Outreach Centers and Execute Sole Source Contract to Implement Education Component of Heavy-Duty Natural Gas Drayage Truck Replacement Program
Liu (909) 396-2105
(cliu@aqmd.gov)
As part of the Chairmans Helping Hand Initiative, the Board issued an RFP in
September to develop two education and outreach centers for truck
owners/operators to provide information regarding advanced engine
technologies and fuel efficiency. This action is to execute a contract with
Gladstein, Neandross & Associates in an amount not to exceed $150,000 from
the Clean Fuels Fund. In addition, the AQMD has been successful in receiving
a grant from DOE for Heavy-Duty Natural Gas Drayage Truck Replacement
Program for trucks at the Ports of Los Angeles and Long Beach. As part of
the award, $250,000 has been allocated towards implementation of an
education component and materials for the education and outreach centers for
truck owners/operators. This action is to reimburse the AQMD General Fund
from Fund 81 for administrative costs to implement the Heavy-Duty Natural
Gas Drayage Truck Replacement Program in an amount not to exceed $300,000.
This action is also to execute a sole source contract with the Advanced
Transportation Technology & Energy Network of the California Community
Colleges for the education component of this program in an amount not to
exceed $250,000. (Review: Technology Committee, January 22, 2010)
- Execute Contracts with Clean Cities Coalitions for Outreach and Education Activities in Support of American Recovery and Reinvestment Act Awards Received by AQMD
Liu (909) 396-2105
(cliu@aqmd.gov)
AQMD was the recipient of two American Recovery and Reinvestment Act Awards which contain provisions for education and outreach activities. This action is to enter into contracts with the five local Clean Cities Coalitions, and the Eastern Sierra Regional Clean Cities Coalition in Nevada to conduct education and outreach activities in support of: 1) an award for replacement of 180 heavy-duty natural gas drayage trucks in the South Coast Air Basin in an amount not to exceed $250,000; and 2) an award to complete a 700-mile LNG fueling corridor across the southwest United States in an amount not to exceed $150,000. The LNG fueling corridor will be along one of the nation’s most heavily traveled goods movement truck routes between Southern California and Salt Lake City, Utah.(Review: Technology Committee, January 22, 2010)
- Approve Additional Port Drayage Truck
Replacement Projects under Proposition 1B Goods Movement Emission Reduction
Program
Liu (909) 396-2105
(cliu@aqmd.gov)
In November 2009, the Board recognized additional Proposition 1B funds from
CARB and approved LNG truck projects from the second phase of the program.
CARB requested AQMD evaluate the remaining diesel truck applications from
the second phase of the program and subsequently approved funding for the
eligible projects in accordance with the Proposition 1B guidelines and
latest streamlining efforts by CARB. AQMD staff has completed evaluating
the applications and this action recommends funding the additional eligible
Port drayage truck replacement projects in an amount not to exceed
$5,400,000 from the Proposition 1B Program Fund.
- Issue Purchase Order for Condensation Particle Counters to Conduct Additional Ultrafine Particle Measurements at Airports
Liu (909) 396-2105
(cliu@aqmd.gov)
Recent studies by AQMD and others have identified jet aircraft as a major source of ultrafine particles in communities immediately downwind from airports. Given the very high levels of ultrafines that have been detected in these studies, existing AQMD equipment is not capable of accurately measuring ultrafine particles at these elevated concentrations. In order to better assess the extent and levels of ultrafines from different jet aircraft, three new condensation particle counters are needed. This action is to issue a sole source purchase order for three condensation particle counters in an amount not to exceed $100,000. (Review: Technology Committee, January 22, 2010)
- Execute Contract for Student Co-op Program
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
Since August 1995, AQMD has been utilizing the services of student interns provided through the Cal Poly Pomona Co-op Program of the Foundation (Foundation). The Foundation provides intern opportunities to students from many of the local colleges and universities and has proven beneficial for both AQMD and the student interns. Contracts are already in place for interns in Finance, the Laboratory, and Enforcement & Compliance. This contract would add an opportunity in the Modeling and Meteorology Section of Planning, Rule Development and Area Sources for student interns. This action is to execute a three-year contract with the Foundation in an amount not to exceed $15,000 per year through June 2012. (Review: Administrative Committee, January 15, 2010)
- Execute Contract to Provide Technical Support for AQMD PAMS Upper Air Meteorological Monitoring Network
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
On November 6, 2009, the Board approved release of an RFP to provide
technical support for the AQMD PAMS Upper Air Monitoring Network. The
contracted effort will provide field support of the upper air meteorological
stations and data management. This action is to execute a contract with
Sonoma Technology, Inc. in the amount of $90,000 with options to renew in
each of the next three fiscal years, based upon availability of funds and
satisfactory performance. $90,000 is allocated for this purpose in the U.S.
EPA 18th Year Section 105 Grant for the PAMS program. (Review:
Administrative Committee, January 15, 2010)
- Amend Contract for Off-Road Emissions Reduction Showcase Program
Hogo (909) 396-3184
(hhogo@aqmd.gov)
On October 5, 2007, the Board approved a $1.2 million project to retrofit selective catalytic reduction systems and diesel particulate filters on off-road construction equipment owned by multiple fleet operators as part of an Off-Road Emissions Reduction Showcase Program. Two of the Board-approved fleet operators will not be able to participate in the Program as a result of the recent economic downturn. This action is to modify the project to expand the number of projects with the Sanitation Districts of Los Angeles County for a total amount not to exceed $196,150 from the Clean Fuels Fund. Additionally, this action requests to provide the Executive Officer the authority to reallocate funding amongst the fleet operators in the Program, should there be further changes in their participation. (Review: Technology Committee, January 22, 2010)
- Amend Contract and Execute Contract for Locomotive NOx Control Equipment Demonstration Project
Hogo (909) 396-3184
(hhogo@aqmd.gov)
In 2006, the Board approved a locomotive emissions control project with Engine, Fuel, and Emissions Engineering, Inc. (EF&EE) which successfully demonstrated a Selective Catalytic Reduction (SCR) system with substantial NOx and PM reductions. Additional work is required to enhance system durability. This action is to redirect a previously allocated and unused $100,000 U.S. EPA grant to this SCR project, modify the EF&EE SCR project contract, and execute a contract with a technical expert to provide assistance to EF&EE for enhancing the durability of the technology. (Review: Technology Committee, January 22, 2010)
- Execute Contracts for FY 2008-09 “Year 11” Carl Moyer Memorial Air Quality Standards Attainment Program and Surplus Off-Road Opt-In for NOx Provision of State In-Use Off-Road Vehicle Regulation
Miyasato (909) 396-3249
(mmiyasato@aqmd.gov)
On November 6 and 20, 2009, proposals were received in response to the program announcements that were issued for the SOON Provision of the State In-Use Off-Road Vehicle Regulation and the “Year 11” Carl Moyer Air Quality Standards Attainment Program, respectively. These actions are to execute contracts under the Carl Moyer Program and the SOON Provision in an amount not to exceed $7,855,537 from the Carl Moyer Program Fund.(Review: Technology Committee, January 22, 2010)
- Adopt Resolution Recognizing Funds and Accepting Terms and Conditions for FY 2009-10 Carl Moyer Program Award and Issue Carl Moyer Program Announcement for FY 2009-10
Miyasato (909) 396-3249
(mmiyasato@aqmd.gov)
These actions are to adopt a resolution recognizing $34,315,441 in Carl Moyer Program grant awards from CARB under SB 1107 with its terms and conditions for FY 2009-10 and to approve the release of a Program Announcement to provide incentive funding for low-emitting on- and off-road vehicles and equipment for the FY 2009-10 “Year 12” Carl Moyer Program. (Review: Technology Committee, January 22, 2010)
- Appropriate Funds and Amend Contract with Special Outside Counsel to Assist with Litigation Regarding SB 827 and AB 1318 and Internal Bank
Wiese (909) 396-3460
(kwiese@aqmd.gov)
This item is to appropriate funds from the BP ARCO Settlement Projects Fund and amend contract with outside counsel to assist in defending the agency in litigation relating to operation of the internal bank, including readoption of Rule 1315 and implementation of SB 827 (Wright) and AB 1318 (Perez). (Review: Administrative Committee, January 15, 2010)
- Appropriate Funds from Designation for Litigation and Enforcement and Authorize Amending/Initiating Contracts with Outside Counsel
Wiese (909) 396-3460
(kwiese@aqmd.gov)
AQMD District Counsel is currently being assisted in several lawsuits by outside law firms, including multiple lawsuits challenging the District’s Credit Bank, the Architectural Coatings Rules, a lawsuit challenging the recently adopted consumer products rule – Rule 1143, a lawsuit seeking to overturn Rule 433 – Natural Gas Quality, and other matters requiring specialized legal counsel. This action is to appropriate $375,000 from the Designation for Litigation and Enforcement to the Legal Budget, Professional and Special Services account, and to authorize the Executive Officer to amend or initiate contracts to expend these funds with Woodruff Spradlin & Smart, Shute Mihaly & Weinberger, and other pre-qualified counsel approved by the Board as well as specialized legal counsel with monies to be appropriated as the need arises. (Review: Administrative Committee, January 15, 2010)
Information Only - Receive and File
- Legislative & Public Affairs Report
Abarca (909) 396-3242
(oabarca@aqmd.gov)
This report highlights the December 2009 outreach activities of
Legislative & Public Affairs, which include Environmental Justice Update,
Community Events/Public Meetings, Business Assistance, and Outreach to
Business and Federal, State and Local Government.
- Hearing Board Report
Camarena (909) 396-2500
(ecamarena@aqmd.gov)
This reports the action taken by the Hearing Board during the period of December 1 through December 31, 2009.
- Civil Filings and Civil Penalties Reports
Wiese (909) 396-3460
(kwiese@aqmd.gov)
This reports the legal actions filed by the District Prosecutor during December 1 through December 31, 2009.
- Lead Agency Projects and Environmental Documents Received by AQMD
Chang (909) 396-3186
(echang@aqmd.gov)
This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between December 1, 2009 and December 31, 2009, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, January 22, 2010)
- Rule and Control Measure Forecast
Chang (909) 396-3186
(echang@aqmd.gov)
This report hightlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2010.
- Audit for FY Ended June 30, 2009
Pearce (909) 396-2828
(rpearce@aqmd.gov)
This agenda item transmits the annual financial audit of the AQMD performed by an independent certified public accountant. The AQMD has received an unqualified opinion (the highest obtainable) on its financial statements. (Review: Administrative Committee, January 15, 2010)
- Status Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2009-10
Marlia (909) 396-3148
(cmarlia@aqmd.gov)
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 2009-10.
- Items Deferred from Consent Calendar
BOARD CALENDAR
Note: The regular meeting of the MSRC was canceled. The next MSRC meeting is scheduled for February 18, 2010.
- Administrative Committee
Chair: Burke
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
- Legislative Committee
Chair: Carney
Abarca (909) 396-3242
(oabarca@aqmd.gov)
- Mobile Source Committee
Chair: Loveridge
Chang (909) 396-3186
(echang@aqmd.gov)
- Stationary Source Committee
Chair: Yates
Nazemi (909) 396-2662
(mnazemi1@aqmd.gov)
- Technology Committee
Chair: Gonzales
Liu (909) 396-2105
(cliu@aqmd.gov)
- California Air Resources Board Monthly
Report
Board Rep: Loveridge
McDaniel (909)396-2500
(smcdaniel@aqmd.gov)
- Refinery Committee
Chair: Carney
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
- Proposal for Temporary Six-Month Permit Application Penalty Holiday for Businesses Filing Permit Applications to Operate Equipment
Nazemi (909) 396-2662
(mnazemi1@aqmd.gov)
At the January 8, 2010 Board Meeting, Chairman Burke proposed to implement an initiative to establish a temporary and voluntary Permit Application Penalty Holiday for a six-month period and has requested staff to return to the Board at its February meeting on the framework and schedule of implementation. This proposal applies to applications filed for Permit to Operate for existing equipment which had not previously obtained a Permit to Construct.
- Issue RFP to Develop Prototype Natural-Gas-Fired, Fan-Type Central Furnaces with Reduced NOx Emissions
Liu (909) 396-2105
(cliu@aqmd.gov)
The Amendment to Rule 1111 approved in November 2009, substantially lowered the NOx emission limit for natural-gas-fired, fan-type central furnaces beginning October 1, 2014. These furnaces, which are used mainly for residential heating, have been meeting a NOx limit of 40 nanograms per Joule of useful heat since 1984, and the new limit is 14 nanograms per Joule of useful heat. This action to issue an RFP will assist industry in developing compliant products before the new NOx limit takes effect. The RFP will provide up to $1 million of funding for up to four projects to develop furnaces that can meet this new limit. (Review: Technology Committee, January 22, 2010)
PUBLIC HEARINGS
- Receive Public Input on Executive Officer’s Proposed Program Goals/Objectives for FY 2010-11
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
A set of priority goals for the FY 2010-11 Budget has been developed. The Executive Officer wishes to receive public and Board Member input on these priority goals as they serve as the foundation of AQMD’s Work Program.
- Rescind Rule 1309.2 - Offset Budget and Amend Rule 1309 - Emission Reduction Credits and Short Term Credits
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
Staff is proposing to rescind Rule 1309.2 in an effort to streamline the CEQA analysis associated with the readoption of Rule 1315 and to amend Rule 1309 to remove reference to Rule 1309.2 and add language referenced in 1309.2 to Rule 1309. (Review: Stationary Source Committee, January 22, 2010)
OTHER BUSINESS
- Approve Amended and Restated Joint Powers Agreement between Orange County Council of Governments and AQMD
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
In 2009 the Orange County Council of Governments (OCCOG) Board of Directors completed a comprehensive revision to the original 1996 OCCOG joint powers agreement provisions. This action is to adopt the resolution and execute an amended agreement with the OCCOG, with annual dues in the amount of $5,000, which allows AQMD to be a voting member.
PUBLIC COMMENT PERIOD – (Public Comment on
Non-Agenda Items, Pursuant to Government Code Section 54954.3)
CONFLICT OF INTEREST DISCLOSURES – (No Written Material)
CLOSED SESSION – (No Written Material)
Wiese (909) 396-3460
(kwiese@aqmd.gov)
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:
ADJOURNMENT
***PUBLIC COMMENTS***
Members of the public are afforded an opportunity to speak on any
listed item before or during consideration of that item. Please notify the
Clerk of the Board, (909) 396-2500, if you wish to do so. All agendas are
posted at AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California,
at least 72 hours in advance of the meeting. At the end of the agenda, an
opportunity is also provided for the public to speak on any subject within
the AQMD's authority. Speakers may be limited to three (3) minutes each.
Note that on items listed on the Consent Calendar and the balance of
the agenda any motion, including action, can be taken (consideration is
not limited to listed recommended actions). Additional matters can be
added and action taken by two-thirds vote, or in the case of an emergency,
by a majority vote. Matters raised under Public Comments may not be acted
upon at that meeting other than as provided above.
Written comments will be accepted by the Board and made part of the
record, provided 25 copies are presented to the Clerk of the Board.
Electronic submittals to cob@aqmd.gov of
10 pages or less including attachment, in MS WORD, plain or HTML format
will also be accepted by the Board and made part of the record if received
no later than 5:00 p.m., on the Tuesday prior to the Board meeting.
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ACRONYMS
AQIP = Air Quality Investment Program
AVR = Average Vehicle Ridership
Cal/EPA = California Environmental Protection Agency
CARB = California Air Resources Board
CEMS = Continuous Emissions Monitoring Systems
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental Research and
Technology
CNG = Compressed Natural Gas
CO = Carbon Monoxide
CTG = Control Techniques Guideline
DERA= Diesel Emissions Reduction Act
EV = Electric Vehicle
FY = Fiscal Year
GHG = Greenhouse Gas
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
LEV = Low Emission Vehicle
LNG = Liquefied Natural Gas
MATES = Multiple Air Toxics Exposure Study
MOU = Memorandum of Understanding
MSERCs = Mobile Source Emission Reduction Credits
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NESHAPS = National Emission Standards for Hazardous Air Pollutants
NGV = Natural Gas Vehicle
NOx = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
PAMS = Photochemical Assessment Monitoring Stations
PAR = Proposed Amended Rule
PM10 = Particulate Matter
≤ 10 microns
PM2.5 = Particulate Matter < 2.5 microns
PR = Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
RTC = RECLAIM Trading Credit
SCAG = Southern California Association of Governments
SIP = State Implementation Plan
SOx = Oxides of Sulfur
SULEV = Super Ultra Low Emission Vehicle
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
U.S. EPA = United States Environmental Protection Agency
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle
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