South Coast Air Quality Management District

Execute a Memorandum of Understanding with Southern California Association of Governments for Preparation and Implementation of Revisions to the South Coast Air Quality Management Plan

SYNOPSIS: 

AQMD and SCAG have prepared an MOU for preparation and implementation of future revisions to the AQMP. The MOU addresses issues regarding scheduling of product development efforts for the 2001 AQMP, designation of lead agency responsibilities, and the process to resolve any disputes between the AQMD and SCAG regarding plan development. This MOU also provides for the AQMD Board and the SCAG Regional Council to each appoint three members to a Coordinating Committee which will review the progress of plan development and act as a conflict resolution body in the event of a disagreement between the agencies.

COMMITTEE: 

Mobile Source, April 27, 2001, Recommended for Approval

RECOMMENDED ACTION:

1. Authorize the Chairman and the Executive Officer to execute the attached MOU between the SCAQMD and SCAG for Preparation and Implementation of Revisions to the South Coast Air Quality Management Plan;
   
   
2. Authorize the Chairman to appoint three Governing Board members to serve on the Coordinating Committee.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Under state Health and Safety Code (HSC) Section 40460(b), the Southern California Association of Governments (SCAG) is responsible for preparing and approving portions of the Air Quality Management Plan (AQMP) for the South Coast Air Basin and the Coachella Valley. In addition, under HSC Section 40463(b) SCAG participates in the process of establishing emission carrying capacity for each state and federal air quality standard. Under HSC Section 40465 SCAG must submit its portion of the AQMP to the AQMD by June 1 of each odd-numbered year. Lastly, SCAG participates in the review and resolution to any conflicts that may result as required under HSC Sections 40469 and 40470.

As part of the 2001 AQMP revision, SCAG will be responsible for the development of the regional demographic projections and transportation elements. The 2001 AQMP revision will establish the emission carrying capacity needed by SCAG to make transportation and general conformity findings as part of the SCAG Regional Transportation Plan and Regional Transportation Improvement Program. Due to the number of elements to be developed by SCAG and the AQMD, a schedule for delivery of various AQMP elements must be established. This schedule is established through the development of a Memorandum of Understanding (MOU).

Proposal

To facilitate the development of the 2001 AQMP revision, the staff entered discussions with SCAG to prepare an MOU to establish the process for delivery of various elements of the AQMP back in early 1999. In addition to establishing the schedule for delivery of the various AQMP elements, the MOU establishes a process to address any conflicts that may arise during the development of the 2001 AQMP. A Coordinating Committee comprised of three members from the SCAG Regional Council and three members of the AQMD Governing Board (appointed by the AQMD Governing Board Chair) would convene to resolve such issues.

The schedule elements were initially developed to meet an AQMP draft release date of October 2000. However, with the recent amendment to the 1997 AQMP in late 1999 and the subsequent approval by the U.S. EPA of the 1999 Amendment to the 1997 AQMP in April 2000, the schedule for the development of the 2001 AQMP was placed back until October 2001. In the meantime, staff continued to work with SCAG in preparing various elements needed to prepare the 2001 AQMP revision. A new schedule for delivery of the various elements of the AQMP was developed and is provided in the Appendix A of the attached MOU. Four elements of the schedule are marked with a date to be determined (TBD). These items will be completed prior to the AQMD Governing Board consideration of the 2001 AQMP currently scheduled for the fall of 2001. The SCAG Regional Council approved the AQMP MOU on April 5, 2001.

Resource Impacts

There will be minimal resource impacts associated with the approval of the AQMP MOU. Resources have been identified in the AQMD FY 2001-02 Budget to cover the development of the 2001 AQMP revision.

Recommendation

Staff recommends that the AQMP MOU, as approved by SCAG on April 5, 2001, be approved and the Chairman appoint three Governing Board members to serve on the Coordinating Committee.

Attachment

AQMP MOU (Approved by SCAG)

MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND
THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
FOR PREPARATION AND IMPLEMENTATION OF REVISIONS TO THE
SOUTH COAST AIR QUALITY MANAGEMENT PLAN

                    This Memorandum of Understanding ("MOU") is entered into by and between the South Coast Air Quality Management District ("District") and the Southern California Association of Governments ("SCAG") on Friday, May 11, 2001.

1. General Conditions

1. Term. The term of the MOU shall commence on May 11, 2001 and terminate only by the mutual agreement of the District and SCAG, or as otherwise modified by applicable federal or state statutes or regulations.
   
   
2. Coordinating Committee. The District Board and the SCAG Regional Council shall each appoint three members to a Coordinating Committee. The Coordinating Committee shall review the progress of plan development and shall act as the Coordinating Committee to resolve conflicts as set forth in Appendix B attached hereto. The Coordinating Committee shall meet at least quarterly and dates of these be included in schedules provided for in Appendix A.
   
   
3. Retention of Rights. No provision of the MOU shall be deemed to be a waiver of any rights or remedies either party may have pursuant to state or federal law.
   
   
4. Funding. SCAG and the District shall each be responsible for developing their own funding sources to accomplish their respective duties and actions under the MOU.
   
   
5. Modification of Procedures. The Coordinating Committee may modify procedures specified in paragraphs A and D of Appendix B, attached hereto, in the event of time constraints, in order to expeditiously resolve a conflict in the Plan development or submittal process.

2. Plan Revision Process

1. Plan revisions shall be prepared and implemented by the parties in accordance with the provisions of Appendix A attached hereto. The designated "lead agency" shall have primary responsibility for development of products.

SOUTH COAST AIR QUALITY                 SOUTHERN CALIFORNIA
MANAGEMENT DISTRICT                       ASSOCIATION OF GOVERNMENTS

___________________________                ____________________________________
William A. Burke, Chairman                           Ron Bates, President

Attest:                                                            Attest:

___________________________                ____________________________________
Barry R. Wallerstein                                       Mark Pisano
Executive Officer                                            Executive Director

APPROVED AS TO FORM APPROVED AS TO FORM

___________________________                ____________________________________
Barbara B. Baird                                            Helene V. Smookler
District Counsel                                              SCAG Legal Counsel

APPENDIX A
SCHEDULE FOR 2001 AQMP AND RELATED TASKS
 

APPENDIX B

CONFLICT RESOLUTION PROCESS

                    In the event a conflict arises as to the implementation of the MOU, the following conflict resolution process shall be followed:

1. Notice of Dispute.
   
   A written notice of dispute (hereinafter "Dispute Notice") shall be transmitted by the agency raising the dispute to the Executive Director of the other agency. The Dispute Notice shall specify the nature of the dispute and the position of the agency raising the dispute.
   
   
2. Meeting of Agency Directors.
   
   The Executive Directors of SCAG and District, or their designees shall, within ten (10) days of receipt of said Dispute Notice, meet to attempt to resolve the dispute between the agencies. In the event that the dispute cannot be resolved by the Executive Directors within ten (10) days after the first meeting, the matter shall immediately be transmitted, in writing, including a statement of the respective positions of each agency (hereafter the "Executive Directors' Notice") to the Coordinating Committee ("Committee") created pursuant to paragraph I B., above. The Committee shall act upon receipt of the Executive Directors' Notice as a conflict resolutions board.
   
   
3. Coordinating Committee Actions.

1. The Committee shall meet within fourteen (14) days after receipt of the Executive Directors' Notice. The Committee shall attempt to resolve the dispute within fourteen (14) days after receipt of the Executive Directors' Notice. A resolution of a dispute shall require a majority vote of the Committee.
   
   
2. Any resolution concluded by the Committee shall be final as to both agencies upon ratification by the District Board and the SCAG Regional Council.
   
   
3. In the event that the Committee is unable to resolve the dispute, the matter shall be immediately transmitted in writing, including a statement of the respective positions of both agencies (hereinafter the "Committee Notice") simultaneously to the District Board and the SCAG Regional Council.

4. Agency Joint Meeting.
   
   Within thirty-five (35) days of receipt of the Committee Notice, a joint meeting of the District Board and the SCAG Regional Council shall be held to consider and resolve the disagreement or dispute between the agencies. Any resolution of the dispute reached by the agencies in the required joint meeting shall be adopted by separate action and vote of the District Board and the SCAG Regional Council which shall occur no later than forty-five (45) days after the required joint meeting.

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