BOARD MEETING DATE: September 5, 2008
AGENDA NO. 5

PROPOSAL:

Appropriate Funds to Conduct Assessment of Alternate Methodologies for Rule 403 Compliance Monitoring

SYNOPSIS:

Recently developed PM monitoring technologies may provide for more efficient methods for Rule 403 – Fugitive Dust compliance sampling. The aggregate mining industry has agreed to provide funding for a study to assess alternate sampling methodologies. In April 2008, the Board recognized and appropriated funds and approved the awarding of a contract to carry out the study. Due to unforeseen project delays, the contract was not finalized in FY 2007-08. This action is to appropriate funds in the FY 2008-09 Budget to conduct assessment of alternate methodologies.

COMMITTEE:

Administrative, July 18, 2008, Recommended for Approval

RECOMMENDED ACTIONS:

1. Appropriate $75,000 from the General Fund, Undesignated Fund Balance to the FY 2008-09 Science and Technology Advancement Budget, Services and Supplies Major Object, Professional and Special Services Account.
2. Appropriate, in conjunction with the receipt of additional revenue, up to an additional $75,000 from the General Fund, Undesignated Fund Balance to the Science and Technology Advancement Budget, Services and Supplies Major Object, Professional and Special Services Account.
    

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Rule 403 - Fugitive Dust, Part (d)(3) includes provisions for simultaneous upwind/downwind PM10 sampling near the property line of facilities with suspected fugitive dust emissions. If the difference between upwind and downwind monitors exceeds 50 g/m³, and the sampling locations are determined to be reasonably upwind and downwind over the sampling period, the facility may be out of compliance with Rule 403. Monitoring for PM10 and concurrent wind speed and direction is conducted periodically over the dry season at several facilities every year as part of AQMD’s Rule 403 compliance monitoring program. The Rule 403 specified sampling procedures are based on historical, U.S. EPA-approved PM sampling technologies. While the current method is accurate and the program has been successful, more recently developed PM monitoring technologies may provide for more efficient deployment and an accurate determination of the sources of PM.

Pursuant to a Settlement Agreement, the aggregate mining industry has agreed to fund a Joint Technical Review of alternative Rule 403 monitoring methodologies. To this end, the AQMD and industry representatives agreed upon a short list of potential contractors, and their qualifications were reviewed by the industry representatives. The selected contractor was Desert Research Institute, part of the University of Nevada, which has extensive experience in PM and meteorological monitoring methodologies, instrument comparisons, source characterization, and air pollution measurement campaigns.

The initial $75,000 contract will cover development and execution of a detailed work plan for the Joint Technical Review that will include:

1. A field sampling campaign to collect data with a variety of measurement equipment under real-world Rule 403 compliance monitoring conditions;
2. An assessment of several alternate PM sampling technologies for the purpose of Rule 403 compliance monitoring;
3. Development and assessment of alternate protocols for Rule 403 monitoring considering the field campaign and technology assessment; and
4. Recommendations for combinations of technologies and protocols to accomplish the goals of Rule 403 compliance monitoring.

Pursuant to the Settlement Agreement, an additional $75,000 may be made available by the industry if it is deemed necessary to accomplish the goals of the Joint Technical Review.

In April 2008, the Governing Board recognized the funds from the aggregate mining industry and appropriated the funds into the Science and Technology Advancement Budget. The Board also authorized the Chairman to execute a contract with Desert Research Institute for an amount not to exceed $75,000, with a possible increase of an additional $75,000, to conduct an assessment of alternative methods of PM10 sampling for the purpose of Rule 403 compliance monitoring.

Proposal

After several meetings, discussions, and site visits with the industry and the contractor, a work plan is close to completion. But since the contract was not executed in FY 2007-08, the $75,000 appropriated to the FY 07-08 budget was not spent or encumbered, and the funds reverted back to the Undesignated Fund Balance. Therefore, there is a need for the funds to be appropriated in the FY 2008-09 Budget. This action appropriates the $75,000 received in FY 2007-08 to the FY 2008-09 Budget, then, in conjunction with the receipt of additional revenue up to $75,000, this action appropriates the additional revenue from the General Fund, Undesignated Fund Balance to the Science and Technology Advancement Budget, Services and Supplies Major Object, Professional and Special Services Account.

Resource Impacts

The initial amount of $75,000 is being requested from the General Fund, Undesignated Fund Balance. Funds in the General Fund have been provided by the industry as per the Settlement Agreement. Contract modifications, if needed, for use of additional funding is contingent upon receipt of additional funds from the industry.