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.
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 27)
Note: Consent Calendar items held for discussion will be
moved to Item No. 28.
1. Minutes of September 7, 2007 Board Meeting
McDaniel (909) 396-2500
(smcdaniel@aqmd.gov)
2. Set Public Hearing December 7, 2007 to Amend Rule 1110.2 - Emissions
from Gaseous and Liquid-Fueled Engines
Chang (909) 396-3186
(echang@aqmd.gov)
Extensive emission testing conducted by AQMD enforcement staff in recent
years revealed that a significant number of stationary internal combustion
engines tested were out of compliance with their emissions limits, about half of
the time, due to poor operating and maintenance procedures and inadequate
monitoring. The proposed amendments are intended to: 1) improve the compliance
record of engines with better monitoring, recordkeeping and reporting; 2)
achieve further emission reduction based on the cleanest available technologies;
and 3) address the recommended source testing and inspection and monitoring plan
changes to the rule by U.S. EPA. (Review: Stationary Source Committee, September
28, 2007)
Budget/Fiscal Impact
3. Execute Contract for Health Insurance Brokerage and Consultant Services
Tharp (909) 396-3018
(etharp@aqmd.gov)
In May 2007, the Board approved release of an RFP for health insurance
brokerage services to ensure a cost-effective employee health insurance program.
This action is to execute a contract with Alliant Insurance Services, Inc.,
through August 31, 2010. Since payment for services is through insurance carrier
commissions, this is a no-cost contract. (Review: Administrative Committee,
September 14, 2007)
4. Execute Contract for Janitorial Services at Diamond Bar
Headquarters
Tharp (909) 396-3018
(etharp@aqmd.gov)
The current contract for Diamond Bar headquarters’ janitorial services
expires October 31, 2007. On May 4, 2007, the Board approved a change to AQMD’s
contracting policy that provided additional points in the proposal evaluation
process as an incentive for janitorial, security guard, and landscaping services
contractors to provide affordable health insurance to their full-time employees.
The RFP to solicit proposals from firms interested in providing janitorial
services for the next three-year period was re-released May 18, 2007. This
action is to execute a contract with Diamond Contract Services, Inc., through
October 31, 2010, for an amount not to exceed $1,012,418. Funding for this
contract has been included in the FY 2007-08 Budget and will be requested in
successive fiscal years. (Review: Administrative Committee, September 14, 2007)
5. Execute Contract for Security Guard Services at
Diamond Bar Headquarters
Tharp (909) 396-3018
(etharp@aqmd.gov)
The current contract for Diamond Bar headquarters’ security guard services
expires October 31, 2007. On May 4, 2007, the Board approved a change to AQMD’s
contracting policy that provided additional points in the proposal evaluation
process as an incentive for janitorial, security guard, and landscape services
contractors to provide affordable health insurance to their full-time employees.
The RFP to solicit proposals from firms interested in providing security guard
services for the next three-year period was re-released May 18, 2007. At the
direction of the Administrative Committee, this action is to execute a contract
with Contact Security Inc., through October 31, 2010, for an amount not to
exceed $1,421,830. This contract will require an additional appropriation of
$25,100 to the FY 2007-08 Budget; funding will be requested in successive fiscal
years. (Review: Administrative Committee, September 14, 2007)
6. Revise Class and Add and Delete Positions in FY 2007-08 Budget
Tharp (909) 396-3018
(etharp@aqmd.gov)
To enhance efficiency and meet current program needs, this action is to
revise the class of Senior Meteorologist and to add a position at this level in
Planning, Rule Development & Area Sources and to delete an Air Quality
Specialist position. This action is also to add an Administrative Secretary in
Planning, Rule Development & Area Sources for the new Director of Strategic
Initiatives. The net annual top-step salary and benefits cost of these changes
is approximately $108,435, and the FY 2007-08 budgetary impact is approximately
$54,218. (Review: Administrative Committee, September 14, 2007)
7. Execute Contract to Purchase Meridian SL-1 Phone Switch Upgrade
Marlia (909) 396-3148
(cmarlia@aqmd.gov)
On July 13, 2007, the Board approved release of an RFQ to select a vendor
capable of upgrading the existing Meridian SL-1 Option 81C phone switch to a new
Nortel Communication Server 1000M MG system. As a result of successful responses
to this RFQ, the most competitive vendor was identified as capable of providing
this service. This action is to authorize issuance of a purchase order for the
purchase of Meridian SL-1 phone switch upgrade. Funds ($195,000) for this
purchase are included in the FY 2007-08 Budget. (Review: Administrative
Committee, September 14, 2007)
8. Authorize Purchase of Desktop Computer Hardware Upgrades
Marlia (909) 396-3148
(cmarlia@aqmd.gov)
AQMD operational efficiency is dependent on staff desktop computer systems,
and many software applications (both off-the-shelf and in-house developed
applications) are exceeding the capacity of the present desktop systems. This
action is to authorize purchase of new desktop computer systems, with adequate
capacity to support current software applications, to replace older desktop
systems. These replacements are in accord with AQMD's Information Management
Strategic Plan. Funds for this purchase ($150,000) are included in the FY
2007-08 Budget. (Review: Administrative Committee, September 14, 2007)
9. Execute Contract to Cosponsor Demonstration of NOx and PM
Emissions Control Technology on Diesel-Powered Construction Equipment
Liu (909) 396-2105
(cliu@aqmd.gov)
Diesel-powered construction equipment contributes significant amounts of NOx
and PM into the South Coast Air Basin. On March 2, 2007, the MSRC issued an RFQ
to manufacturers of diesel emission control systems and a Program Announcement
for owners of off-road diesel construction equipment. Thirty diesel emission
control devices were submitted by 16 manufacturers, and 21 applications with a
total of 230 pieces of off-road construction equipment were received from 18
construction equipment fleets. This action is to authorize contract awards to 11
construction equipment fleets to demonstrate combined NOx and PM reducing
emission technologies on 32 pieces of construction equipment at a total cost not
to exceed $1,245,750 from the Clean Fuels Fund. The MSRC will fund the remaining
projects with 198 pieces of equipment at a cost of $3,641,013. (Review:
Technology Committee, September 28, 2007)
10. Execute Contracts for FY 2006-07 Year Nine Carl Moyer Memorial Air
Quality Standards Attainment Program, and Transfer Clean Fuels Projects to Carl
Moyer Fund
Liu (909) 396-2105
(cliu@aqmd.gov)
On May 4, 2007, proposals were received in response
to the Program Announcement that was issued for Year Nine Carl Moyer Air Quality
Standards Attainment Program. This action is to execute Carl Moyer Program
contracts in an amount not to exceed $19,835,228. This action is also to
transfer $1,904,250 in Clean Fuels Projects to the Carl Moyer Fund (Review:
Technology Committee, September 28, 2007)
11. Issue RFP for University Competition to Develop Rechargeable Electric
Leaf Vacuum Device
Liu (909) 396-2105
(cliu@aqmd.gov)
Gasoline-powered leaf blowers used by commercial
gardeners/landscapers are sources of noise, exhaust emissions, and re-suspended
dust. To address these environmental concerns, staff proposes to conduct a
competition in which university engineering school students would be offered a
monetary award for developing a prototype of a battery-powered, low-noise,
backpack-style leaf vacuum device that could meet the needs of commercial
gardeners. The winning entries could be used as templates to encourage equipment
manufacturers to produce an environmentally friendly replacement for the
existing leaf blowers used by commercial gardeners. Funding up to $100,000 for
this competition would come from the Clean Fuels Fund to provide awards for up
to five winning designs. (Review: Technology Committee, September 28, 2007)
12. Appropriate Funds Designated for Enhanced Compliance Activities to FY
2007-08 Budget and Issue Purchase Order for CNG Van
Coy (909) 396-2434
(ccoy@aqmd.gov)
On March 2, 2007, the Board approved appropriation
of $50,000 from the General Fund, Designation for Enhanced Compliance
Activities, to the FY 2006-07 Budget for the purchase of a CNG van to be used by
compliance staff for Service Station Vapor Recovery testing. The Board
subsequently approved release of an RFQ on May 4, 2007 to solicit bids for the
vehicle. With insufficient time to obtain Board approval for the purchase in FY
2006-07, the funding was returned to the Designation as part of the close-out of
the FY 2007-08 Budget. This action is to appropriate $70,000 from the General
Fund, Designation for Enhanced Compliance Activities, to the FY 2007-08 Budget.
(Review: Administrative Committee, September 14, 2007)
13. Transfer Funds and Authorize Extension of Financial Incentives Program
to Assist Dry Cleaners Converting from Perc to Non-Perc, Non-Ozone Forming
Alternative Technologies
Ganguli (909) 396-3185
(aganguli@aqmd.gov)
The existing financial incentives program to help
dry cleaners convert to non-perc technologies is fully committed. This action is
to transfer $1 million from AQMD's Air Quality Assistance Fund to the Dry
Cleaner Grant Fund to continue providing grants to dry cleaners for
transitioning to non-perc, non-ozone forming technologies. (Review:
Administrative Committee, September 14, 2007)
14. Recognize Revenue, Appropriate, and Reallocate Funds for PAMS;
Appropriate Funds for NATTS Program; Recognize Revenue and Appropriate Funds for
PM2.5 and Enhanced Particulate Monitoring Program; Transfer and Appropriate
Funds for Port Community Air Monitoring Program; Issue Purchase Orders and RFQ
Hogo (909) 396-3184
(hhogo@aqmd.gov)
U.S. EPA has allocated Section 105 Grant funds of
$1,189,740 for the 16th Year PAMS program. As such, this action is to: (1)
recognize revenue, and appropriate and reallocate unspent 15th year PAMS funds
to the FY 2007-08 Budget; (2) appropriate funds to the FY 2007-08 Budget for the
16th year PAMS program; (3) appropriate new National Air Toxic Trends Station (NATTS)
funds to the FY 2007-08 Budget; (4) recognize revenue and appropriate funds for
the U.S. EPA PM2.5 monitoring program and the U.S. Department of Homeland
Security Enhanced Particulate Monitoring Program to the FY 2007-08 Budget; (5)
transfer and appropriate funds to the FY 2007-08 Budget from the BP/ARCO
Settlement Projects fund to continue the Port Community Air Monitoring Program;
and (6) issue purchase orders and an RFQ for fixed assets under these programs.
(Review: Administrative Committee, September 14, 2007)
15. Issue RFP for Deferred Compensation Plan Consultant Services
Pearce (909) 396-2828
(rpearce@aqmd.gov)
AQMD sponsors an IRS-approved 457 deferred
compensation program for its employees. State law governs the fiduciary
requirement for the operation and investment of 457 plans sponsored by
governmental entities. AQMD staff is in the process of reviewing and updating
the 457 program to ensure optimal plan design and regulatory compliance. This
action is to issue an RFP for consultant services focused on assisting staff in
developing a formal Deferred Compensation Committee Charter and Investment
Policy Statement; and in providing analysis of plan assets and investment
options, employee education and administrative support. These consultant
services will be funded on a cost reimbursement basis by the AQMD's 457 plan
vendor (The Hartford) as provided for under the Internal Revenue Code. (Review:
Administrative Committee, September 14, 2007)
16. Issue RFP for Electricity Resource Planning Analysis
Chang (909) 396-3186
(echang@aqmd.gov)
On August 13, 2007, the Board adopted amendments to
Rule 1309.1 that enabled electrical generating facilities to purchase credits
from the District's Priority Reserve account. The Board directed that up to one
million dollars be used to conduct a comprehensive energy analysis of the Basin
to better determine needed resources and options. (Review: Stationary Source
Committee, September 28, 2007)
17. Approve Multiple Contract Awards and One Award Modification under FYs
2006-07 and 2007-08 AB 2766 Discretionary Fund Work Programs
Norton-Perry
At its August 16 and September 20, 2007 meetings,
the MSRC approved multiple contract awards and one award modification under the
FYs 2006-07 and 2007-08 AB 2766 Discretionary Fund Work Programs. Awards include
funding to several off-road construction equipment owners for participation in
the Off-Road Diesel Construction Equipment Retrofit “Showcase” Program as well
as two awards for the purchase of solid waste collection vehicles with advanced
low-emission heavy-duty natural gas engines certified to the 2007 optional 0.2
gram NOx per bhp-hr standard. The MSRC also approved a modification to the
Mountain-Area CNG School Bus Demonstration Program. The MSRC seeks AQMD Board
approval for these contract awards and modification under the FYs 2006-07 and
2007-08 Work Programs. (Review: Mobile Source Air Pollution Reduction Review
Committee, September 20, 2007)
Action Item/No Fiscal Impact
18. This item was withdrawn by staff.
19. Recommendation to Become Party to Southern California National Freight
Gateway Cooperation Agreement
Greenwald (909) 396-2111
(pgreenwald@aqmd.gov)
Local, state and federal transportation, air
quality and other agencies have drafted an agreement seeking to promote
cooperation, coordination and collaboration regarding freight transportation
issues while all signatories pursue their normal responsibilities under law.
(Review: Mobile Source Committee, September 28, 2007)
20. Revise Procurement Policy and Procedure
Pearce (909) 396-2828
(rpearce@aqmd.gov)
This action is to revise the AQMD's Procurement
Policy and Procedure to increase the threshold amount for purchases requiring
advertising for public bidding and to implement administrative changes
reflecting current operations. (Review: Administrative Committee, September 14,
2007)
Information Only - Receive and File
21. Public Affairs Report
Abarca (909) 396-3242
(oabarca@aqmd.gov)
This report highlights the August 2007 outreach activities of Public Affairs
which include: Environmental Justice Update, Community Events/Public Meetings,
Business Assistance, and Outreach to Business and Federal, State, and Local
Government.
22. Hearing Board Report
Camarena (909) 396-2500
(ecamarena@aqmd.gov)
This reports the actions taken by the Hearing Board during the period of
August 1 through August 31, 2007.
23. Civil Filing and Civil Penalties Report
Mieras (909) 396-3400
(pmieras@aqmd.gov)
This reports the legal actions filed by the District Prosecutor's during July
1 through July 31, 2007.
24. 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 August 1, 2007 and August 31, 2007, and
those projects for which the AQMD is acting as lead agency pursuant to CEQA.
(Review: Mobile Source Committee, September 28, 2007)
25. 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 2007 and
portions of 2008.
26. Status Report on Major Projects for Information
Management Scheduled to Start During First Six Months of 2007-08
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 first six months of FY 2007-08.
27. Report of RFPs and RFQs Scheduled for Release in October
Pearce (909) 396-2828
rpearce@aqmd.gov
This report summarizes the RFPs and RFQs for budgeted
services over $50,000 scheduled to be released for advertisement for the month
of October. (Review: Administrative Committee, September 14, 2007)
28. Items Deferred from Consent Calendar
BOARD CALENDAR
29. Administrative Committee
Chair: Burke
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
30. Legislative Committee
Chair: Carney
Abarca (909) 396-3242
(oabarca@aqmd.gov)
31. Mobile Source Committee
Chair: Loveridge
Chang (909) 396-3186
(echang@aqmd.gov)
32. Stationary Source Committee
Chair: Yates
Coy (909) 396-2434
(ccoy@aqmd.gov)
33. Technology Committee
Chair: Wilson
Liu (909) 396-2105
(cliu@aqmd.gov)
34. Mobile Source Air Pollution Reduction Review Committee
Chair: Antonovich
Hogo (909) 396-3184
(hhogo@aqmd.gov)
35. California Air Resources Board Monthly Report
Board Rep: Loveridge
McDaniel (909) 396-2821
(smcdaniel@aqmd.gov)
36. Approve Amendments to Policy for Board Member Assistants and Board
Member Consultants
Wiese (909) 396-3460
(kwiese@aqmd.gov)
In February 1995, the Board adopted a policy regarding Board Member
Assistants and Board Member Consultants. This action is to revise the policy to
make the Board the appointing authority, with either the Board or the Board
Member served having authority to terminate an appointment; to adopt
conflict-of-interest standards required by Government Code section 1126; to
delete a contract provision allowing Board Member Assistants and Board Member
Consultants to volunteer their services. Changes in the policy for Board Member
Assistants and Board Member Consultants will require corresponding changes to
the terms of employment contracts with the District and to the District’s Salary
Resolution, Personnel Rules, and Administrative Code.
PUBLIC HEARINGS
37. Amend Rule 1112.1 - Emissions of Particulate Matter and Carbon
Monoxide from Cement Kilns
(Continued from September 7, 2007 Board meeting)
Chang (909) 396-3186
echang@aqmd.gov
Staff recommends that this item be continued to a later date.
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)
38. Amend Rule 1403 – Asbestos Emissions from Demolition/ Renovation
Activities
Chang (909) 396-3186
(echang@aqmd.gov)
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)
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)
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:
- Association of American Railroads, et al. v. SCAQMD, et al.,
U.S. District Court Case No. CV06-1416 JFW (PLAx) and United States
Court of Appeals for the Ninth Circuit Docket No. 07-55804;
- Engine Manufacturers Association, et al. v. SCAQMD, et al.,
United States Court of Appeals for the Ninth Circuit Docket No. 05-56654;
- NRDC, et al. v. SCAQMD, et al.,
Los Angeles Superior Court Case Nos. BS105728 and BS110792;
- SCAQMD v. California Public Utilities Commission,
Court of Appeal of the State of California, Second Appellate District,
Division 4,
Case No. B196246;
- Pacific Merchant Shipping Association v. Cackette,
United States District Court, Eastern District (Sacramento),
Case No. 2:06-CV-02791-WBS-KJM; and
- National Paint & Coatings Association, Inc. v. South Coast Air Quality
Management District, (Orange County Superior Court Case No. 04CC00002),
Federal Case No. CV 04-2213-DDP (SSx).
It is also necessary for the Board to recess to closed session pursuant to
Government Code section 54957 to confer with its counsel regarding PUBLIC
EMPLOYEE APPOINTMENT (Titles: Board Member Assistant (1) and Board Member
Consultants (2)).
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 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
EV = Electric Vehicle
FY = Fiscal Year
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
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
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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