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
- Swearing In of Board Members,
Burke
CONSENT CALENDAR (Items 1 through 20)
Note: Consent Calendar items held for discussion will be
moved to Item No. 21.
1. Minutes of December 1, 2006 Board Meeting
McDaniel (909) 396-2500
 (smcdaniel@aqmd.gov)
2. Set Public Hearing February 2, 2007 to Receive Public Input on Executive
Officer’s Priority Goals for FY 2007-08
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
A set of priority goals for the FY 2007-08 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 the AQMD’s Work Program.
Budget/Fiscal Impact
3. Execute Contract for Student Co-op Program
Ganguli (909) 396-3185
(aganguli@aqmd.gov)
Since August 1995, AQMD has contracted with the Cal Poly Pomona Foundation
for the services of student interns in Public Affairs. The requested interns
would provide assistance to staff with Public Affairs programs. This action is
to execute a three-year contract with the Cal Poly Pomona Foundation through
December 31, 2009, in an amount not to exceed $38,000 per year for student
intern services. College students throughout the region may be provided by the
Foundation. Funds for this item have been included in the FY 2006-07 Budget.
(Review: Administrative Committee, December 8, 2006)
4. Execute Contracts for Short- and Long-Term Systems Development, Maintenance
and Support Services
Marlia (909) 396-3148
(cmarlia@aqmd.gov)
On October 6, 2006, the Board approved the release of an RFP to obtain short-
and long-term systems development, maintenance and support services. This action
is to execute contracts to obtain these services on a task order basis.
Executing contracts with multiple bidders provides a pool of well-qualified
professionals who have demonstrated their understanding of and expertise in
meeting agency needs and enables AQMD to obtain cost-effective and technically
responsive support. Funds are included in the FY 2006-2007 Budget. (Review:
Administrative Committee, December 8, 2006)
5. Amend Contract with Ecotek, MST Solutions, Inc for Privatization of
Portions of Annual Emissions Reporting Program
Chang (909) 396-3186
(echang@aqmd.gov)
In January 2005, the Board approved a contract with Ecotek, MST Solutions,
Inc. for continuing the privatization of portions of the Annual Emissions
Reporting Program. Ecotek has developed, maintained, and updated the emissions
reporting software, produced and distributed reporting materials (forms and
instructions); provided public outreach and assistance; collected and compiled
reported data; and conducted data quality control. Based on Ecotek's
responsiveness and satisfactory performance, this action recommends exercising
the second of three one-year renewal options in Ecotek's contract. This action
also recommends increasing the annual contract from $340,000 to an amount not to
exceed $365,000. The increase is needed to handle additional programming to
reflect rule requirements and other necessary changes. (Review: Administrative
Committee, December 8, 2006)
6. Appropriate Funds from Undesignated Fund Balance and Authorize Amending
Existing Contracts to Appropriate Such Funds
Wiese (909) 396-3460
(kwiese@aqmd.gov)
The District is currently involved in several major lawsuits employing
outside counsel. These include the Fleet Rules, the challenges to the most
recent amendments to the architectural coatings rule, the ConocoPhillips
ultra-low sulfur diesel project, the railroad litigation, a PUC proceeding
regarding long-term supplies of natural gas, and AQMD’s permitting of a power
plant in Riverside. This action is to appropriate $250,000 from the Undesignated
Fund Balance to the District Counsel FY 2006-2007 budget, Professional and
Special Services account, and to authorize the Executive Officer to amend
existing contracts with Shute, Mihaly & Weinberger and Woodruff, Spradlin &
Smart to appropriate these funds. (Review: Administrative Committee, December 8,
2006
7. Award Funding from MSRC for CNG School Buses to Private School Bus
Transportation Service Provider
Liu (909) 396-2105
(cliu@aqmd.gov)
On September 8, 2006, the Board approved an MSRC allocation of $2 million for
CNG school bus incentives to private school bus transportation service
providers. Additionally, the Board approved an MSRC recommendation to have the
AQMD administer the program for the purpose of implementing District Rule 1195.
Awards from this allocation will be made on a first come basis and individual
awards will be brought before the Board for approval. This action is to approve
an award to Student Transportation of America, a private school bus
transportation service provider, in the amount of $1,137,580 to purchase 23 CNG
school buses.
8. Execute Construction Equipment and Truck Fleet Modernization
Contracts for Carl Moyer Memorial Air Quality Standards Attainment Program
Liu (909) 396-2105
(cliu@aqmd.gov)
On November 3, 2006, the Board approved the release of a Program
Announcement, in an amount not to exceed $12 million from the Clean Fuels Fund
and Carl Moyer Program returned funds to fund cleaner construction equipment.
Also, on July 7, 2006, the Board approved the release of a Program Announcement
to solicit projects to replace pre-1990 diesel trucks with Model Year 2006 and
newer diesel or 2004 and newer natural gas trucks at a cost not to exceed $6
million under the Carl Moyer Truck Fleet Modernization program. Both these
programs are being implemented on a first-come, first-served basis, and will be
on-going until funds are expended. These projects are evaluated as they are
submitted on a monthly basis and are recommended for the Board's approval. This
action is to execute construction equipment and fleet modernization contracts
under the Carl Moyer Program and Clean Fuels Fund.
9. Reallocate Funds from U.S. Department of Defense and Issue Purchase Order to
Conduct Feasibility Demonstration to Measure Low-Level Pollutant Concentrations
and Issue Purchase Orders
Hogo (909) 396-3184
(hhogo@aqmd.gov)
In August 2003, the AQMD received an award from the U.S. Department of
Defense to demonstrate the feasibility of measuring low-level pollutant
concentrations in the ambient air. The original award has been augmented twice
to conduct a second phase study to expand the utility of this program. This
action is to reallocate remaining funds, issue a purchase order for three ion
mobility spectrometers, and issue a sole-source purchase order for a gas
chromatograph/mass spectrometer smart chemical identification system. (Review:
Administrative Committee, December 8, 2006)
10. Recognize and Appropriate Funds for U.S. EPA National Air Toxics
Trends Station Program, Execute Sole-Source Purchase Orders, and Issue RFQ
Hogo (909) 396-3184
(hhogo@aqmd.gov)
U.S. EPA has allocated Section 103 Grant funds of $253,756 to the AQMD for
the National Air Toxics Trends Station (NATTS) program. This will be the first
year of AQMD participation in the national program. The grant covers capital
outlays and services and supplies’ costs associated with air toxic monitoring at
two existing AQMD air monitoring stations. This action is to: (a) upon receipt
of award, recognize revenue of $253,756 from U.S. EPA; (b) upon receipt of
award, appropriate funds to the FY 2006-07 Budget for the first year NATTS
program; (c) upon receipt of award, issue sole-source purchase orders; and (d)
issue RFQ. (Review: Administrative Committee, December 8, 2006)
11. Adjust Student Intern Pay Rate
Tharp (909) 396-3018
(etharp@aqmd.gov)
This action is to increase student intern pay rates to meet new California
minimum wage provisions and to provide appropriate pay for interns. The annual
cost of this adjustment, based on budgeted intern hours, is $15,360. (Review:
Administrative Committee, December 8, 2006)
Information Only - Receive and File
12. Public Affairs Report
Abarca (909) 396-3242
(oabarca@aqmd.gov)
This report highlights the November 2006 outreach activities of Public
Affairs which include: Environmental Justice Update, Community Events/Public
Meetings, Business Assistance, and Local Governmental Activity.
13. Hearing Board Report
Camarena (909) 396-2500
(ecamarena@aqmd.gov)
This reports the actions taken by the Hearing Board during the period of
November 1, through November 30, 2006.
14. Civil Filing and Civil Penalties Report
Mieras (909) 396-3400
(pmieras@aqmd.gov)
This reports the monthly penalties from October 1 through October 31, 2006,
and legal actions filed by the District Prosecutor during October 1 through
October 31, 2006. A glossary explaining the key terms and Index of District
Rules are attached with the penalty report.
15. 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 November 1, 2006 and November 30, 2006,
and those projects for which the AQMD is acting as lead agency pursuant to CEQA.
16. 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.
17. Audit for FY Ended June 30, 2006
Pearce (909) 396-3148
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, December 8, 2006)
18. FY 2006-07 Contract Activity
Pearce (909) 396-3148
rpearce@aqmd.gov
This report lists the number of contracts approved during the
first six months of FY 2006-07, the respective dollar amounts, award type, and
the authorized contract signatory for the AQMD.
19. Report of RFPs and RFQs Scheduled for Release in January
Pearce (909) 396-3148
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
January. (Review: Administrative Committee, December 8, 2006)
20. Report on Major Projects for Information Management
Scheduled to Start During Last Six Months of FY 2006-07
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 report
on major automation contracts and projects to be initiated by Information
Management during the last six months of FY 2006-07. (Review: Administrative
Committee, December 8, 2006)
21. Items Deferred from Consent Calendar
BOARD CALENDAR
Note: The MSRC, Mobile Source,
Stationary Source, and Technology Committees did not meet in December. The next
MSRC meeting is scheduled for January 18, 2007; and the next meetings of the
Mobile Source, Stationary Source, and Technology Committees are scheduled for
January 26, 2007.
22. Administrative Committee
Chair: Burke
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
23. Legislative Committee
Chair: Carney
Abarca (909) 396-3242
(oabarca@aqmd.gov)
24. California Air Resources Board Monthly Report
Board Rep: Loveridge
McDaniel (909) 396-2821
(smcdaniel@aqmd.gov)
25. Execute Contract for Legislative Representation in Washington, D.C
Abarca (909) 396-3242
(oabarca@aqmd.gov)
Select and authorize the Chairman to enter into a contract with a firm(s) for
legislative representation in Washington, D.C. in an amount not to exceed
$99,000. This contract(s) will be for one-year, beginning in January 2007, and
may be extended for up to two one-year terms, upon satisfactory performance, at
the Board’s discretion. Total expenditures for the contract shall be up to
$99,000 for the initial one-year period. The Sacramento Metropolitan Air Quality
Management District will also contract with the selected firm(s) in an amount of
$35,000 per year. Funding for this contract is available in the FY 2006-07
Budget. Funding for the two optional one-year extensions is contingent upon
future Board approval of the Budget for the respective fiscal years. (Review:
Legislative and Administrative Committees, December 8, 2006)
26. Update on Draft 2007 Air Quality Management Plan
Chang (909) 396-3186
(echang@aqmd.gov)
Staff will continue to update the Board on the technical and policy issues
associated with the development of the Draft Final 2007 AQMP.
27. Update on Recent Studies Regarding Health Effects of Air Pollution
(No Written Material)
Ospital (909) 396-2582
(jopspita@aqmd.gov)
CARB staff, at the request of the AQMD Executive Officer, will present an
update on recent activities on health effects of air pollution.
PUBLIC HEARINGS
28. Adopt Public Notification Procedures for Emergency Diesel Internal
Combustion Engines and Industry-wide Categories of Gas Stations and Dry
Cleaners, Pursuant to Air Toxics Hot Spots Information and Assessment Act
Chang (909) 396-3186
(echang@aqmd.gov)
Staff has developed procedures for the Board's consideration for public
notification for emergency diesel internal combustion engines and the
industry-wide categories of gas stations and dry cleaners under AB 2588. The
proposed procedures differ from the notification procedures for the relatively
few large (core) stationary sources that have traditionally been in the
program. In recognition that there are thousands of cases that may require
public notice, staff recommends posting a notice at the facility and in
newspapers, with information on specific facilities available on the AQMD web
site and provided in hardcopy at the AQMD library and public libraries, school
districts, and planning agencies. Town Hall and other community meetings can
also be used to disseminate this information.
OTHER BUSINESS
29. Appropriate Funds for Litigation Defense and Authorize Contracts
to Expend Such Funds
Wiese (909) 396-3460
(kwiese@aqmd.gov)
This item is to 1) appropriate funds in the amount of $700,000; 2) authorize
the Executive Officer to amend existing contracts with Jones Day LLC to assist
AQMD in defending the railroad rules; and 3) enter into a new contract with
Jones Day for post-trial legal services.
30. Execute Contract to Develop and Demonstrate Electric Tow Tractor
and Receive Funds from Port of Los Angeles
Liu (909) 396-2105
(cliu@aqmd.gov)
In December 2006, the Board awarded a contract to cosponsor with the Port of
Los Angeles (POLA) the development and demonstration of an electric tow tractor
for container movement within and around the Port. Staff has since been advised
that the POLA is unable to contract directly with the electric tow tractor
company and would prefer to provide the funds to the AQMD. This action is to
enter into an agreement with the POLA to receive the $263,500 to cofund the
development and demonstration of the electric tow tractor project. The AQMD is
providing the remaining $263,500 from the Clean Fuels Fund for a total project
cost of $527,000. (Review: Technology, November 17, 2006)
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);
- Engine Manufacturers Association, et al. v. SCAQMD, et al., United States
Court of Appeals for the Ninth Circuit Case No. 05-56654;
- SCAQMD v. OceanAir Environmental, LLC, Mahesh Talwar, Pierpoint Sport
Fishing, Karl Smith, Daniel R. Strunk, et al., Los Angeles Superior Court Case
No. KC047828;
- NRDC, et al. v. SCAQMD, et al., Los Angeles Superior Court Case No.
BS105728;
- Pauline Harper v. SCAQMD, Workers' Compensation Appeals Board Case No. POM
275829; and
- American Lung Association, et al. v. USEPA, U.S. Court of Appeals for the
District of Columbia Circuit, No. 06-1411.
It is also necessary for the Board to recess to closed session under
Government Code section 54956.9(c) to consider initiation of litigation (two
cases).
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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