BOARD MEETING DATE: September 8, 2006
AGENDA NO. 15

(Continued from July 14, 2006 Board Meeting)

PROPOSAL:

Authorize Execution of Memorandum of Understanding Between Member Agencies of the Coachella Valley Association of Governments and South Coast Air Quality Management District

SYNOPSIS:

Since the early 1990s, local Coachella Valley jurisdictions and AQMD have cooperated in implementing PM10 dust controls to ensure healthful air.  To ensure uniform dust control Valley-wide, the most recently approved Coachella Valley PM10 State Implementation Plan called for dust control responsibilities to be specified through a formal agreement.  The Coachella Valley Association of Governments has signed MOUs with its member jurisdictions that specify responsibilities and commitments for all agencies involved in Coachella Valley dust control.  As a partner in valley dust control efforts, the AQMD is a needed signatory to formally establish compliance responsibilities as specified in the MOUs.  This action is to authorize the Executive Officer to enter into an MOU with the Coachella Valley Association of Governments and its member agencies.

COMMITTEE:

Mobile Source, May 26, 2006, Reviewed

RECOMMENDED ACTION:

Authorize the Executive Officer to enter into a Memorandum of Understanding with the Coachella Valley Association of Governments and its Member Agencies outlining the dust control responsibilities of each Participating Agency.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The South Coast Air Quality Management District (AQMD) is the local agency responsible for air quality assessment and improvement in the Coachella Valley.  The Coachella Valley is the desert portion of Riverside County in the Salton Sea Air Basin. The Coachella Valley Association of Governments (CVAG), local governments and the AQMD have a demonstrated history of adopting and implementing PM10 dust controls to ensure healthful air for local residents and tourists.  Despite these efforts, the region was not able to demonstrate attainment of the annual average PM10 National Ambient Air Quality Standards (NAAQS) by December 31, 2001.  Under the federal Clean Air Act (CAA), an area can request an extension of up to five years to attain the PM10 NAAQS, if certain requirements are met.  In response, AQMD, CVAG, and local stakeholders prepared, and the Governing Board adopted, the Coachella Valley PM10 State Implementation Plan (2002 CVSIP) on June 21, 2002.  Elements of the 2002 CVSIP that have already been adopted, and forwarded to the U.S. EPA as a SIP amendment, include an enhanced dust control ordinance adopted by all local jurisdictions and amendments to existing AQMD rules.  The 2002 CVSIP also called for enforcement guidelines to be adopted such as through a Memorandum of Understanding (MOU) with either CVAG or each of the ten local jurisdictions to specify responsibilities and commitments associated with the enhanced dust control ordinance provisions.

Proposal

The 2002 CVSIP attainment plan builds upon a historically proactive and successful dust control program by Coachella Valley jurisdictions and the AQMD.  In accordance with 2002 CVSIP provisions, an MOU has been developed outlining responsibilities for all agencies involved in Coachella Valley dust control (see Attachment A for an unsigned copy of the MOU).  Key MOU provisions include:

• local government approval of dust control plans prepared pursuant to the enhanced dust control ordinances and the Coachella Valley dust control handbook;
• establishment of local government staff for compliance activities;
• AQMD approval of dust control plans for activities not subject to local jurisdiction control;
• AQMD-provided training classes to stakeholders; and
• Continued AQMD compliance activities. 

Through the diligent actions of CVAG staff, copies of the MOU have been signed by the County of Riverside, the Cities of Coachella, Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage, and CVAG.  As a partner in the Valley dust control efforts, the AQMD is a needed signatory to formally establish compliance responsibilities as specified in the MOUs.  After AQMD action, each jurisdiction will receive a fully executed MOU.

Resource Impacts

No additional AQMD resources are required to implement the on-going Coachella Valley dust control efforts.  Signing of the MOU simply formalizes the agreement for dust control activities that are currently ongoing.

Attachment (PDF 42kb)
Model Memorandum of Understanding Establishing an Ongoing, Multi-Jurisdictional Relationship for the Adoption, Implementation, and Enforcement of Fugitive Dust Control Measures in the Coachella Valley