| 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. The Governing Board Letters
and their attachments (if any) for the month of June
2003 in Microsoft Word can be downloaded (self extracting compressed)
from within the individual Board letter (click on "Attachment"
at the end of the letter). CALL TO ORDER
Pledge of Allegiance
Opening Comments:
- William A. Burke, Ed.D., Chair
- Other Board Members
- Barry R. Wallerstein, D. Env., Executive Officer
CONSENT CALENDAR (Items 1 through 25)
Note: Consent Calendar items held for discussion will be moved
to Item No. 26.
1. Minutes of May 2, 2003 Board Meeting
McDaniel (909) 396-2500
 (smcdaniel@aqmd.gov)
2. Set Public Hearings July 11, 2003 to Consider Amendments and/or
Adoption to AQMD Rules and Regulations to:
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
(A) Amend Rule 219 - Equipment Not Requiring a Written Permit Pursuant to
Regulation II
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
Proposed amendments to Rule 219 will exempt several types of equipment with
limited potential for emissions from permitting requirements; substitute a VOC
emission limit for the vapor pressure exemption for lubricants; and clarify fee
obligations for previously exempt equipment. The proposal also reorganizes the
rule and adds an index to make it easier to locate and understand the
exemptions. (Review: Stationary Source Committee, June 27, 2003)
(B) Amend Rule 1162 - Polyester Resin Operations
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
The proposed amendment will postpone the effective date for the non-atomized
application of gel coats from July 1, 2003 to July 1, 2004. The amendment is
necessary to allow for the completion of testing, evaluation by staff and
purchase and installation of compliant equipment by industry. (Review:
Stationary Source Committee, June 27, 2003)
Budget/Fiscal Impact
3. Execute Contracts to Develop and Demonstrate Phase II Hydrogen Fueling
Infrastructure Technologies, Fuel Cell Vehicle Demonstrations and Support
Maintenance Facilities in South Coast Air Basin
Liu (909) 396-2105
cliu@aqmd.gov
At the September 13, 2002 Board meeting, an initial network (Phase I) of
compressed-hydrogen fueling stations was approved to accelerate the introduction
of fuel cell demonstration vehicles expected to be introduced by major auto
manufacturers. To carry out Phase II of this effort, staff recommends executing
contracts with Air Products and Chemicals, Stuart Energy, California State
University at Los Angeles, Energy Conversion Devices, Inc. and Daimler Chrysler
to develop and install hydrogen refueling infrastructure, to demonstrate
hydrogen fuel cell vehicles and technologies and develop maintenance support
facilities at various locations in the South Coast Air Basin in an amount not to
exceed $1,885,280. (Review: Technology Committee, May 23, 2003)
4. Execute Contract to Cosponsor Development and Demonstration of
Hydrogen-Internal Combustion Engine Hybrid-Electric Bus
Liu (909) 396-2105
cliu@aqmd.gov
Gasoline and CNG-powered hybrid-electric vehicles (HEVs) have been proven in
their ability to reduce emissions and increase fuel economy. However, the final
goal is to achieve zero emissions with increased efficiency. AQMD, in
conjunction with California Energy Commission, SunLine Transit, Natural
Resources Canada, Province of Manitoba, ISE Research, and CARB will develop and
demonstrate a hydrogen-powered internal combustion engine (ICE), hybrid-electric
transit bus. The use of HEVs powered with a hydrogen-ICE on a commercial scale
may lead to substantial reduction in air pollutants and toxic emissions from
on-road heavy-duty vehicles. Staff recommends AQMD’s participation in this
contract with co-funding of $210,000. Total funding for this project is
$1,075,000. (Review: Technology Committee, May 23, 2003)
5. Execute Contract to Cosponsor Development, Demonstration, and
Evaluation of Plug-In Hybrid Electric Vans in Fleet Use
Liu (909) 396-2105
cliu@aqmd.gov
AQMD continues to participate in evaluations led by EPRI with CARB on the
potential for plug-in hybrid electric vehicles and demonstrations of prototypes
with ZEV range. In this project, Daimler Chrysler will produce two new
gasoline-fueled plug-in hy-brid electric Sprinter vans and place them in fleet
use for demonstration and evaluation by Southern California Edison and AQMD.
EPRI will coordinate project participants to evaluate design goals including
performance, emissions, fuel economy, and ZEV range. Total project cost is
$1,525,000 including AQMD cost not to exceed $475,000. Clean Fuel funds are
available in the Technology Advancement Plan updated March 2002 in category
CFM6-3. (Review Technology Committee, May 23, 2003)
6. Authorize Executive Officer to Reimburse Microturbine Site Owners for
Repair Costs
Liu (909) 396-2105
cliu@aqmd.gov
The Board previously approved the purchase and installation of microturbines
with portions of the AES Settlement Fund, the LADWP Settlement Fund, and the
Rule 1309.1 Mitigation Fee Fund at various locations within AQMD. Staff
recommends that the Board authorize the Executive Officer to use previously
authorized funds to reimburse owners for repair costs of microturbines at sites
where warranties expired. (Review: Technology Committee, May 23,
2003)
7. Establish Classification and Add and Delete Positions
Tharp (909) 396-3018
etharp@aqmd.gov
As part of a restructuring of Public Affairs, staff recommends 1)
establishing a new class of Public Affairs Manager, at a salary range of $71,757
- 87,243, to oversee legislative affairs and intergovernmental relations and 2)
deleting the vacant Designated Deputy position that had been responsible for
this function. This action would not increase the staffing level of Public
Affairs and would result in an annual salary savings of approximately $7,368.
(Review: Administrative Committee, May 9, 2003)
8. Approve Salary and Benefits Adjustment for Management, Confidential,
and Attorney Employees
Tharp (909) 396-3018
etharp@aqmd.gov
The three-year labor contracts approved by the Board in 2002
provide annual salary and benefits adjustments for union-represented employees.
This recommendation is to approve a comparable salary and benefits adjustment
for management, confidential, and attorney employees for FY 2003-04. (Review:
Administrative Committee, May 9, 2003)
9. Approve Salary Adjustments for Executive Officer and District Counsel
Bernson
The Personnel Committee has reviewed Board Member evaluations of
Executive Officer and District Counsel performance and recommends each receive a
three-percent salary adjustment consistent with the adjustment provided in labor
contracts and recommended for all other employees in Agenda item #8. (Review:
Personnel Committee, May 23, 2003)
10. Establish List of Prequalified Providers of Temporary Employment
Services
Tharp (909) 396-3018
etharp@aqmd.gov
On February 7, 2003, the Board approved release of an RFP to solicit bids
from temporary employment services providers interested in being prequalified to
provide services to AQMD through the end of June 30, 2005. This recommendation
is to obtain Board approval for this prequalification. (Review: Administrative
Committee, May 9, 2003)
11. Establish List of Prequalified Vendors to Provide Printing Services
Tharp (909) 396-3018
etharp@aqmd.gov
On December 6, 2002, the Board approved the release of an RFQ for printing
services. This item is to establish a list of prequalified vendors that will be
used for the next two years to purchase these services. (Review: Administrative
Committee, May 9, 2003)
12. Establish List of Prequalified Law Firms for Employee Relations
Litigation and Negotiation Services
Tharp (909) 396-3018
etharp@aqmd.gov
On January 10, 2003, the Board approved release of an RFP for employee
relations litigation and negotiation services. This item is to establish a list
of prequalified law firms that can be used for these services over the next
three years. (Review: Administrative Committee, May 9, 2003)
13. Establish List of Prequalified Vendors to Provide Computer, Network,
Printer, and Related Services
Marlia (909) 396-3148
cmarlia@aqmd.gov
On March 7, 2003, the Board approved release of an RFQ to prequalify vendors
for computer, network, printer, hardware and software, and related services. As
a result of successful responses to this RFQ, thirty-five vendors were
identified as capable of providing these products and services. This action is
to approve these thirty-five vendors to provide these products and services for
a two-year period. Funds ($100,000) will be allocated in future fiscal year
budgets for these purchases. (Review: Administrative Committee, May 9, 2003)
14. Issue RFP for Legislative Representation in Sacramento, California
Abarca (909) 396-3242
(oabarca@aqmd.gov)
The current contract for Legislative Representation in Sacramento expires
December 31, 2003. Direct representation in Sacramento is necessary to further
AQMD policy positions at the state level. This action calls for the issuance of
an RFP for legislative consulting services in Sacramento, California, with the
services commencing on January 1, 2004 and expiring on December 31, 2004. The
RFP will also indicate that the services contract may be extended for up to two
additional one-year terms. Total expenditure for the contract shall not exceed
$137,000.00 for the initial one-year period. Funding for extension of the
contract will be contingent upon Board approval of the budget for the respective
fiscal years. (Review: Administrative and Legislative Committees, May 9, 2003)
15. Issue RFP for Legislative Representation in Washington, D.C.
Abarca (909) 396-3242
(oabarca@aqmd.gov)
The current contract for legislative representation in Washington, D.C.
expires December 31, 2003. Direct representation in the capitol is necessary to
further AQMD policy at the federal level. This action calls for the issuance of
an RFP for legislative consulting services in Washington, D.C., with the
services commencing on January 1, 2004 and expiring on December 31, 2004. The
RFP will also indicate that the services contract may be extended for up to two
additional one-year terms. Total expenditure for the contract shall not exceed
$129,000.00 for a one-year period. Funding for extension of the contract will be
contingent upon Board approval of the budget for the respective fiscal years.
(Review: Administrative and Legislative Committees, May 9, 2003)
16. Approve Contract Awards as Part of MSRC's FY 2002-03 AB 2766
Discretionary Fund Work Program; Grant MSRC Authority to Adjust Project Costs Up
to Five Percent; and Authorize Board Chairman to Execute Agreements
Kleindienst
On October 4, 2002, the Board approved the FY 2002-03 AB2766 Discretionary
Fund Work Program in Concept totaling $14.95 million. Subsequently, on May 22,
2003, the MSRC approved several contract awards. Therefore, as part of its Final
FY 2002-03 Work Program, the MSRC requests approval of: 1) Four proposals
received in response to RFP 2003-27: Freeway Service Patrols; 2) Four
applications under the Local Government Match Program; 3) One application under
the Coachella Valley PM10 Reduction Program; 4) Two proposals submitted in
response to RFP 2003-05: On/Off-Road Heavy-Duty Vehicle Program; and 5) Augment
awards to A-Z Bus Sales, California Bus Sales and Southern California Thomas Bus
Sales under CNG School Bus Program. The MSRC also requests authority to adjust
project costs up five percent and to substitute vehicles and/or fuel type
provided emissions reductions and cost-effectiveness are not adversely impacted.
Last, the MSRC requests authority for the Board Chairman to execute agreements.
(Review: Mobile Source Air Pollution Reduction Review Committee, May 22, 2003)
Information Only - Receive and File
17. Public Affairs Report
Abarca (909) 396-3242
(oabarca@aqmd.gov)
This report highlights the April 2003 outreach activities of Public Affairs
which includes: Environmental Justice Update, Community Events/Public Meetings,
Business Assistance, and Local Governmental Activity.
18. Hearing Board Report
Camarena (909) 396-2500
(ecamarena@aqmd.gov)
This reports the actions taken by the Hearing Board during the period of
April 1 through April 30, 2003.
19. Civil Filing and Civil Penalties Report
Mieras (909) 396-3400
(pmieras@aqmd.gov)
This reports the monthly penalties from March 1 through March 31, 2003, and
legal actions filed by the District Prosecutor during the period April 1 through
April 30, 2003. (Please note March filings included in this report.) A glossary
explaining the key terms and Index of District's Rules are attached with the
penalty report.
20. Status Report on Major Projects for Information
Management Scheduled to Start During Last Six Months of FY 2002-03
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 2002-03.
21. Lead Agency Projects and Environmental Documents Received by the AQMD
Between April 1, 2003 and April 30, 2003
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 April 1, 2003 and April 30, 2003, and
those projects for which the AQMD is acting as lead agency pursuant to CEQA.
22. Rule and Control Measure Forecast
Chang (909) 396-3186
(echang@aqmd.gov)
This report highlights AQMD rulemaking activity and public workshops
potentially scheduled for the year 2003.
23. Annual Audit Report for Area Source Credit Rule 2506
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
Rule 2506 - Area Source Credits for NOx and SOx requires staff to present an
annual audit report to the Board describing area source credit activity for the
preceding year. During this reporting period, there have been no new area source
credit applications received by the AQMD and no new activities with regard to
trading and use of area source credits issued to Southern California Edison.
24. Update Minor Source BACT Guidelines for Emergency Diesel Engines
Liu (909) 396-2105
cliu@aqmd.gov
This proposal is to update AQMD minor source BACT guidelines for emergency
diesel engines to: a) be consistent with U.S. EPA Tier 2 nonroad emission
standards; b) reflect Rule 431.2, which requires that fuels purchased on or
after June 1, 2004 for use in most diesel engines be ultra low-sulfur (<.0015
wt. %); and c) prohibit the use of emergency diesel generators that are subject
to BACT for interruptible electric service programs. (Review: Stationary Source
Committee, April 25, 2003)
25. Best Available Control Technology Guidelines Report
Liu (909) 396-2105
cliu@aqmd.gov
This report provides new listings added to Part B, LAER/BACT Determinations
for Major Polluting Facilities, of the BACT Guidelines in the last six months.
(Review: Stationary Source Committee, April 25, 2003)
26. Items Deferred from Consent Calendar
BOARD CALENDAR
| Note: |
The May 23, 2003 Mobile Source Committee and
Stationary Source Committee meetings were cancelled.
The next meetings are scheduled for June 27, 2003. |
27. Administrative Committee
Chair: Bernson
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
28. Investment Oversight Committee
Chair: Antonovich
Pearce (909) 396-2828
(rpearce@aqmd.gov)
29. Legislative Committee
Chair: LaPisto-Kirtley
Abarca (909) 396-3242
(oabarca@aqmd.gov)
The Legislative Committee considered agenda items including the following
legislation for which the Board will consider approving a position:
| |
AB 471 (Simitian) - Cruise Ship Emissions |
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SB 288 (Sher) - New Source Review Restoration Act of 2003 |
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SB 709 (Florez) - San Joaquin Valley APCD Authority |
30. Technology Committee
Chair: Paulitz
Liu (909) 396-2105
cliu@aqmd.gov
31. Mobile Source Air Pollution Reduction Review Committee
Board Liaison: Antonovich
Hogo (909) 396-3184
hhogo@aqmd.gov
32. California Air Resources Board Monthly Report
(No Written Material - Transcripts of the meetings are available at
CARB's web site, www.arb.ca.gov)
Board Rep: Burke
McDaniel (909) 396-2821
(smcdaniel@aqmd.gov)
33. California Fuel Cell Partnership Steering Team Meeting
Liu (909) 396-2105
cliu@aqmd.gov
This report summarizes the California Fuel Cell Partnership Steering Team
meeting held April 22-23, 2003. (Review: Technology Committee, May 23, 2003)
PUBLIC HEARINGS
34. Adopt Executive Officer's FY 2003-04 AQMD Budget and Work
Program
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
The Executive Officer's Budget for FY 2003-04 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 7, 2003 to receive input on the AQMD's Program Goals and
Objectives; and four budget workshops, two for the public held on April 22 and
May 28, 2003 and two for the Board held on April 25 and May 23, 2003. This
submittal transmits the required appropriations and reserves necessary to adopt
the proposed budget. (Review: Administrative Committee, May 9, 2003)
35. Amend Regulation III - Fees
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
Staff prepared two amendment proposals for Regulation III – Fees for Board
consideration. Proposal A is the Set Hearing proposal of April 4, 2002, that
reflects the increase in the Consumer Price Index of three percent and other
minor administrative and regulatory enhancements. Proposal B has been prepared
in response to the unforeseen requirement for additional funding of 5.9 million
dollars for FY 2003-04 by the employee retirement association and includes
additional proposals for Board consideration. These additional proposals seek to
better recover program costs, such as expedited permit processing; notification
and inspection costs for lead, asbestos and area sources; laboratory costs for
non-compliant material; RECLAIM/Title V inspection; and certify and align fees
for administrative and change of conditions. (Review: Stationary Source
Committee, March 28 and April 25, 2003)
36. Adopt Proposed Rule 1105.1 - Reduction of PM10 and Ammonia Emissions
from Fluid Catalytic Cracking Units
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
Staff recommends that this item be continued to the September 5, 2003
Board Meeting.
Proposed Rule 1105.1 will reduce PM10, PM10 precursors, and ammonia emissions
from fluid catalytic cracking units in refineries and will implement Control
Measure CMB-09 of the AQMP. The proposed rule sets emission limits for
filterable PM10 and ammonia and requires periodic source testing to ensure
compliance. The proposal also requires monitoring, reporting and recordkeeping
of PM10 and ammonia emissions as well as equipment operating parameters.
(Review: Stationary Source Committee, February 28 and April 25, 2003)
37. Amend Rule 1131 - Food Product Manufacturing and Processing Operations
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
The proposed amendment will correct a SIP deficiency identified by U.S. EPA
by removing the alternative compliance plan option for food product
manufacturing and processing operations. The compliance date for existing
sources was October 2, 2002 and no source selected the alternative compliance
plan option. The proposal also clarifies that tablet or capsule form food
supplement manufacturing and processing operations are not subject to Rule 1131.
(Review: Stationary Source Committee, April 25, 2003)
38. Amend Rule 1193 - Clean On-Road Residential and
Commercial Waste Collection Vehicles, and Authorize Execution of Contracts for
Emission Testing and Analysis of Dedicated Natural Gas and Diesel Solid Waste
Collection Vehicles
Hogo (909) 396-3184
hhogo@aqmd.gov
Staff is proposing to amend the requirements for dual-fuel
heavy-duty engines used in curbside waste collection vehicles. Rule 1193
currently provides a sunset date of July 1, 2003 for dual-fuel heavy-duty
engines used to power waste collection vehicles. The proposed amendment is in
response to recent in-use emissions testing of dual-fuel engines compared to
dedicated diesel-fueled engines. Staff also proposes executing a contract with
West Virginia University for emission testing of natural gas and diesel solid
waste collection vehicles in an amount not to exceed $260,000, and with Engine,
Fuels and Emissions Engineering for prescreening, transportation and analysis of
natural gas and diesel solid waste collection vehicles in an amount not to
exceed $50,000. (Review: Mobile Source Committee, April 25, 2003)
39. Recommendations Regarding Reentry of Power Producing Facilities into
RECLAIM Program
Chang (909) 396-3186
(echang@aqmd.gov)
At the May 11, 2001 Board meeting, power producing facilities were separated
from the rest of the RECLAIM market. This measure was taken to assure adequate
power supply at a reasonable cost in a deregulated electric utility market.
Pursuant to Rule 2015(b)(7), these facilities would rejoin the full RECLAIM
program in the 2004 compliance year, only if it is determined by the Board in a
public hearing prior to July 2003 that their reentry will not result in any
negative impact on the remainder of the RECLAIM facilities or on California's
energy security needs. This item presents staff's recommendations regarding
reentry of power producing facilities into the RECLAIM program.
OTHER BUSINESS
PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items,
Pursuant to Government Code Section 54954.3)
CLOSED SESSION – (No Written Material)
Baird (909) 396-2302
(bbaird@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: California Paint Alliance, et al. v. South Coast Air
Quality Management District, et al., United States District Court Case No.
CV-03-1656HLH (JWJx); National Paint & Coatings Association, Inc. v. South Coast
Air Quality Management District, United States District Court Case No.
CV-03-1578HLH (JWJx); and Engine Manufacturers Association, et al. v. SCAQMD, et
al., United States Court of Appeals Case Nos. 01-56685 and 01-56688.
ADJOURNMENT
***PUBLIC COMMENTS***
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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 attachments, 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
EJ = Environmental Justice
EPA = Environmental Protection Agency
EV = Electric Vehicle
FY = Fiscal Year
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
LAER = Lowest Achievable Emissions Rate
LEV = Low Emission Vehicle
LNG = Liquefied Natural Gas
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
SCAG = Southern California Association of Governments
SIP = State Implementation Plan
SOx = Oxides of Sulfur
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle
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