BOARD MEETING DATE: March 14, 1997 AGENDA NO. 29


Report:

Mobile Source Committee

Synopsis:

The Mobile Source Committee met on Friday, February 28, 1997. Presentations were made on the following items: Update on RTAC Activities Related to SB 836; SCAG-TCA MOU on Toll Facility Pricing; Proposed Rule 2501 - AQIP; and an Initial Review of 1997 Regional Transportation Plan. The next meeting is March 28, 1997, at 9:30 a.m., in Conference Room CC-8.

Recommended Action:

Receive and file this report.

Roy Wilson, Chair
Mobile Source Committee


ATTENDANCE: Present: Committee Chair Dr. Roy Wilson, Committee Vice Chair Nell Soto, and Committee Member Ronald Loveridge (arrived at 11:20 a.m.). In the absence of Committee Members Mee Hae Lee and Marvin Braude, and pursuant to the Procedures for Standing Committees of the Governing Board, adopted March 8, 1996, Board Chairman Jon Mikels appointed himself, Board Member Norma Glover, and Board Member Leonard Paulitz (arrived at 11:10 a.m.), ad hoc Members of the Mobile Source Committee for the meeting on February 28, 1997 only. Attachment 1 is an attendance roster.

MOBILE SOURCE COMMITTEE DISCUSSION ITEMS

1. Update on RTAC Activities Related to SB 836 (Lewis)

Staff gave a status report (Attachments 2 & 3) on the Regional Transportation Agencies Coalition (RTAC). Staff reported that the SB 836 evaluation study is well underway to develop the methodology to track emissions from voluntary ridesharing. Two status reports have been submitted by the contractor and the final report is due March 10, 1997.

Staff also reported that on February 28, the RTAC is scheduled to consider proposals that have been recommended to receive funding from the $1.5 million due to be transmitted from AQMD, in accordance with SB 836. Staff highlighted the proposed projects and pointed out that their primary focus is to target commuters who drive alone during peak congestion periods to worksites with fewer than 250 employees in the Basin.

RTAC is considering funding these specific projects from the following agencies: 1) Metropolitan Transportation Authority (MTA) for $864,160 for a corridor campaign to offer a $2 per day incentive program to Single Occupancy Vehicle (SOV) commuters who try an alternative mode for at least three months. The targeted corridors include the San Gabriel Valley, I-405 and I-605 freeways; 2) Orange County Transportation Authority (OCTA) for $237,730 to market free bus service from Metrolink stations to employment sites; 3) San Bernardino Associated Governments (SANBAG) and the Riverside County Transportation Commission (RCTC) for $171,410 to provide rideshare incentives to SOV commuters employed at sites along a specific corridor undergoing construction; 4) SANBAG and RCTC for $124,160 to encourage solo drivers who commute into Orange and Los Angeles Counties to use the new High Occupancy Vehicle (HOV) lanes on I-15 and SR-60; and, 5) SANBAG and RCTC for $102,540 to initiate an outreach program to exempt employers in the Inland Empire who have not requested rideshare assistance from RCTC/SANBAG for the past 18 months.

Staff reported that RTAC will consider a recommendation to direct SCAG to deposit the $1.5 million from AQMD, into a separate interest bearing account. Staff is currently developing a procedure to track the $1.5 million for auditing purposes. The RTAC-TAC will report bi-monthly to the RTAC on the status of the program.

Committee Vice Chairperson Soto asked staff if any consideration has been given to imposing a charge on solo drivers, or offering incentives to encourage solo drivers to change to a different mode of travel. Staff stated that the Reduce Emissions and Congestion on Highways (REACH) Task Force has evaluated this concept, and is recommending a feasibility study on High Occupancy Toll (HOT) lanes. The REACH efforts are a first step towards introducing a road pricing program in the region, and a vehicle emissions fee could be a later step.

2. SCAG-TCA MOU on Toll Facility Pricing

Staff reported (Attachment 4) on the proposed revision to the 1991 MOU between SCAG, Caltrans and the Transportation Corridor Agencies (TCA). Staff stated that the MOU was derived from the 1991 AQMP and addresses Measure 2F which specifies that a 1.5 Average Vehicle Occupancy (AVO) rate be attained by 1999 and that HOV lanes be established by 2010. The AQMD did not sign the MOU, but is granted enforceability rights. Measure 2F has been replaced with TCM 01 in the 1994 and 1997 AQMPs. In addition, attainment of the 1999 1.5 AVO target that was contained in the 1991 AQMP is technically infeasible to achieve at the affected sites. Staff indicated that the original MOU, according to SCAG and TCA data, is also economically infeasible. Board Member Glover asked staff what had changed in the County that resulted in the non-achievement of specific targets. Staff responded by stating that there have been no significant increases in AVO. The 1991 AQMP assumed that a more aggressive rideshare program for the region would have been developed and implemented along with other indirect source measures such as Parking Cash Out, Shopping Centers, Special Event Centers and an enhanced Rule 1501. In addition, at the time the 1991 AQMP was completed, there was no financial impact data available to determine the feasibility of this measure. Staff indicated that if the existing MOU remained in effect, it would also result in an increase in overall HC and CO emissions in the County. Oxides of Nitrogen emissions, however, would be lower. The level of change in emissions for all pollutants is small.

Board Member Glover stated that the construction of new homes should occur along freeways that have toll roads. This concept could increase the value of these homes as well as give commuters access to traffic-free roadways.

3. Initial Review of 1997 Regional Transportation Plan

Staff reported (Attachments 5 & 6) on SCAG’s 1997 Regional Transportation Plan (RTP). Staff indicated that the 1997 RTP does not adequately provide for population growth even though the transportation system has been improved. Staff stated that trends indicate that ridesharing and transit-use have declined and projections forecast a continuing decrease for ridesharing; AVR and emission reductions are increasing under Rule 2202 - On-Road Motor Vehicle Mitigation Options. Staff also stated that the preliminary draft 1997 RTP does not meet the 1997 AQMP emissions budget.

Board Member Glover stated that a major deterrent to ridesharing is the fear of repercussions from liability lawsuits caused by traffic accidents. Board Member Glover stated that there needs to be state law that would reduce or eliminate driver liability for carpooling/vanpooling. Commuters need to feel that they can transport other passengers in their vehicles without adverse consequences.

Staff discussed the policies and performance indicators used in preparing the 1997 RTP. Because none of the proposed strategies result in the air quality goals being met, Committee Vice Chairperson Soto stated that staff needs to propose alternatives to meet any shortfall that may occur, and perhaps hold a brainstorming session to discuss this specific issue. Staff stated that they will recommend to SCAG that such a meeting be held. Board Member Glover asked how much funding is allocated to trains and buses. Staff stated that these entities receive funding from the federal government. Each city presents their transportation system needs before their county representatives. Counties then meet to solidify funded proposals and determine how inter-county linkage will occur. County proposals are ultimately considered on a regional basis at SCAG. Staff stated that the RTP discusses utilizing livable communities concepts, encourages moving forth with market incentives, and emphasizes market-based technology like smart shuttles.

Staff highlighted other public policy issues in the RTP regarding HOV lanes and transit; use of arterials; goods movement; equity; aviation; and finance. Staff stated that the RTP includes the addition of truck lanes as a priority item. Committee Vice Chairperson Soto noted that trucks could be rerouted and restricted to driving at night to the degree feasible. Though this concept has been proposed in the past, it should be reconsidered. Committee Vice Chairperson Soto stated that a state law was passed in 1964 that required trucks to remain in the right lanes. Committee Vice Chairperson Soto stated that many truck drivers do not abide by this law and as a result, cause more accidents and slow down the flow of traffic. Committee Vice Chairperson Soto stated that trucking associations are trying to propose a "three trailer per truck" law which may increase truck-related accidents.

Board Member Glover asked staff about the procedures that allow the AQMD to participate in the RTP process. Staff stated that the AQMD will submit written comments on the plan to SCAG. Board Member Glover asked staff if SCAG performed a survey as part of the RTP development. Staff stated that a travel mode survey was issued to a percentage of commuters. Committee Chairperson Wilson presented the motion that staff send a letter to SCAG highlighting the AQMD’s concerns and comments and recommend that SCAG hold a brainstorming session on the emission shortfall issues regarding the RTP. Committee Vice Chairperson Soto approved the motion, Board Member Glover seconded it.

4. Proposed Rule 2501 - AQIP

Staff gave a status report on Proposed Rule 2501 - AQIP (Attachment 7) and discussed the four major components of the program. Staff stated that Proposed Rule 2501 is a voluntary program and is based upon investors paying fees into the program to meet their regulatory requirements. Staff first solicits proposals from providers who can meet or exceed the investors’ regulatory requirements. Board Chairman Mikels asked staff if Regulation IV and XI sources are allowed to participate in the program. Staff stated that there are restrictions and specific caveats for these two sources. Board Chairman Mikels stated that the emission reduction responsibility from Regulation IX and XI sources could be left solely with us, leaving staff with an enormous burden and completely relieving these sources from their regulatory requirements. Board Chairman Mikels asked staff if EPA and ARB had approved the AQIP concept. Staff stated that emission reductions must be achieved prior to them being used to minimize the potential regulatory liability. SB 456 (Kelley) gives AQMD the authority to create a program to use emission credits in lieu of BARCT rule compliance. Staff stated that EPA wants to approve AQMD’s emission quantification protocols, on which staff disagrees. Board Chairman Mikels asked if the recommendation from staff was to move forward with a program that has not yet been approved by EPA. Staff responded affirmatively and stated that waiting for EPA’s approval may not be practical in light of the fact that EPA approval could take years. Staff stated that a problem has arisen as a result of EPA’s delay regarding Rule 1610 approval (Scrapping of High Polluting Vehicles) between the City of Los Angeles and Unocal.

Staff discussed restrictions which included RECLAIM sources, NSR (BACT & Offsetting), BACM measures, toxic emissions and regulations that are prohibited by EPA. In response to comments to the proposed rule, staff has made revisions to add flexibility, improve enforceability, and further define specifics of the program. Staff stated that the environmental community has expressed concerns with localized toxic emissions. Staff stated that Proposed Rule 2501 will not bank or save unused portions of credits. With regard to enforcement, staff stated that providers will not be penalized if they have implemented the reduction strategies according to their proposals and cannot meet the emission reductions identified in their proposals, but they will be given an additional six months to come into compliance. Staff stated that new emission quantification protocols will be brought forth to the Board for approval.

Staff stated that the issue of pre-funding of Proposed Rule 2501 prior to the program being implemented needs to be resolved. Staff is currently exploring several options for pre-funding.

Staff stated that the business community is concerned with the proposed rule due to the fact that under Title V, revisions to a permit could require a comprehensive public participation process. The business community has indicated that with regard to the definition of surplus, they would prefer to use the adopted rules instead of the approved AQMP control measures. The Business community is also concerned that the participation requirements are too restrictive.

Board Member Glover asked staff when the Board could formally comment on the proposed rule. Staff stated that a Board Hearing on Proposed Rule 2501 is scheduled for April 11, 1997. The Board Hearing for the Proposed Intercredit Trading Rule is scheduled to take place sometime in late spring.

5. Update on AQMP Mobile Source Measures

Staff has shaded the areas where changes have occurred. (Attachment 8)

6. Legislative Update

Staff stated that February 28 is the last day to introduce legislative bills in Sacramento. (A report on legislative activities is included as an attachment to Board Agenda Item 28 - "Legislative Committee.")

7. Rule 2202 Activity Report/Upcoming Events

Written report submitted, no comments. (Attachment 9)

8. EIR Review and Preparation

Written report submitted, no comments. (This report is included as an attachment to Board Agenda Item 23 "Lead Agency Projects and Environmental Documents Received by the AQMD.")

9. Other Business

There was no other business.

10. Public Comment

Lee Wallace of Pacific Enterprises, suggested that staff discuss any outstanding issues regarding Proposed Rule 2501 prior to the rule being brought forth to the Board. There were no further public comments. The meeting was adjourned at 11:28 a.m.

Attachments

  1. Attendance Roster
  2. Update on RTAC Activities
  3. Proposed SB 836 Program of Projects
  4. SCAG-TCA MOU on Toll Facility Pricing
  5. 1997 RTP Presentation
  6. 1997 Rideshare Graphs
  7. PR 2501 - AQIP Presentation
  8. Update on Mobile Source Measures
  9. Rule 2202 Activity Report