HomeMy WebLinkAboutAgenda Report - November 20, 2002 E-06COMMUNICATION
AGENDA TITLE: Adopt Resolution Implementing the City of Lodi's Best Available Control Measures
for Particulate Matter (Dust) in Accordance with the San Joaquin Valley Air Pollution
Control District's Proposed Regulations
MEETING DATE: November 20, 2002
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution implementing the City of Lodi's Best Available Control
Measures for Particulate Matter (dust) in accordance with the San Joaquin
Valley Air Pollution Control District's proposed regulations.
BACKGROUND INFORMATION: The San Joaquin Valley Air Basin has been designated as Severe
for Particulate Matter (PM -10). The Federal Clean Air Act requires
that the Severe Area Plan for the San Joaquin Valley Air Basin
contains Best Available Control Measures to mitigate and reduce
particulate matter emissions. Best Available Control Measures are demonstrated generally through
increase in stringency. The increase in stringency is demonstrated by documenting that the new
measure addresses a previously uncontrolled activity, and that the level of resources for enforcement
has been increased.
In addition to providing methods for cleaning the air, the adoption of these Best Available Control
Measures also works to ensure that restrictions are not placed on transportation funding. One of the
consequences placed forth in the Clean Air Act for failure to adopt a complete and adequate particulate
matter plan (i.e., one that contains adopted local governments control measures) is that highway funding
and approvals can be frozen until the requirements of the Clean Air Act are deemed to be satisfied.
The measures proposed by the City of Lodi highlight programs which already are in place throughout the
City (see attachments).
Background information on particulate matter has been included in this communication. Earth Matters,
an air quality consulatant to the eight valley Transportation Planning Agencies, has prepared this
information for review by all jurisdictions in the eight county San Joaquin Valley Air Basin.
FUNDING: Funding for these measures exists within either existing budgets or, in the case of the
stormwater pollution prevention pram'
futu budgets.
Richard C. Pri Jr.
Public Works Director
Attachments
Prepared by Tiffani M. Fink, Transportation Manager
RCP/TF/pmf
cc: SJCCOG — Kim Kloeb
City Attorney
APPROVED'
H. Dixo Flynn -- City Manager
AirQuality 11/12!02
CITY OF LODI
Local Government Control Measures for Particulate Matter
November 20, 2002
Measures Reasonable for Implementation
Measure #1: Paving or Stabilizing Unpaved Roads and Alleys
The City of Lodi currently does not have any unpaved public roads within its jurisdiction,
however the City has no jurisdiction over roads in San Joaquin County. The City of Lodi
currently follows the San Joaquin Valley Air Pollution Control District's regulations for
construction dust whether as a result of a major construction project, or routine
maintenance.
The City of Lodi will continue to adhere to San Joaquin Valley Air Pollution Control
District regulations regarding P4rticulate Matter and ensure that the guidelines are
followed for temporary roads and road repair during construction.
This project should not incur additional cost for implementation. Existing City resources
are adequate to ensure implementation of this measure.
Measure #2: Paving, Vegetating and Chemically Stabilizing Unpaved Access Points
onto Paved Roads
Construction debris on City roadways is monitored and routine street sweeping is
conducted.
The City of Lodi will address requirements for stabilizing construction roadways in an
effort to reduce the level of transport associated with construction projects. The
requirements shall be addressed in coordination with the City's stormwater program
implementation.
This project should not incur significant additional cost to the City of Lodi and will be
part of the stormwater program budget.
Measure #3: Curbing, Paving or Stabilizing Shoulders on Paved Roads
The mass majority of the City of Lodi's roadways currently have paved or curbed
shoulders. Those limited facilities which do not have these paved or curbed shoulders
largely lie within newly annexed portions of the City which had previously belonged to
San Joaquin County.
The City of Lodi intends to improve these roadways in the future to coincide with
proposed developments along these corridors as funding is available. The limited
number of unpaved or curbed shoulders in Lodi does not create a large source of
particulate matter emissions.
Measure #4: Frequent Routine Sweeping or Cleaning of Paved Roads
The City of Lodi currently undertakes in a comprehensive residential street cleaning two
times per calendar month with major arterials cleaned weekly and following special
events. Street sweeping and leaf removal is routinely provided by the City of Lodi Public
Works Department. Additionally, City staff currently utilize two PM -10 efficient street
sweepers to perform this work.
The City does not intend to routinely flush roadways as this is not in keeping with good
water conservation or storm water pollution prevention practices.
When new street sweepers are added to the inventory, the City of Lodi shall ensure that
all new sweepers are PM -10 efficient. This measure should not immediately incur the
City of Lodi any additional costs.
Measure #S: Intensive Street Cleaning for Industrial Paved Roads and Construction
Sites
The City of Lodi already conducts a comprehensive street cleaning program which
includes an intensive street cleaning for industrial paved roads. Particulate Matter
emissions from construction site access points will be addressed in the City-wide
stormwater pollution prevention program.
This measure should not incur the City of Lodi any additional costs.
Measure #6: Erosion Clean -Up
The City of Lodi already has in place a plan to provide for a quick, efficient clean up of
the roadways following major storms. The City streets department currently responds to
a variety of requests stemming from storm damage and works to re -open and clear storm
debris from roadways as soon as is feasible. With the occasional exception of
construction sites, erosion is not significant in Lodi due to the extremely flat terrain.
The City of Lodi shall continue to perform erosion/storm clean up in a timely fashion.
DRAFT
Example Local Government Control Measures for Particulate Matter
Number
Measure Title I
Description !
Potential candidate BACM In Reg. VIII
I. Prohibit the existence of new mln-lempdrary(I
unpaved toads wimin any incorporated�;.
municipality or within a buffer distance (e. g. 5
mites) of any city limit; (11 Nan -temporary could I'
be defined as any public or private road that will
not be paved or otherwise prohibited from use I'
1
Paving or Stabilizing Unpaved Roads and Atieys
after a six-month period. 2. Establish pmvisiona
for the paving of existing unpaved roads under
the purview of any government entily for a
cumulative total of 5 miles over a five year period F
(exemptions could apply to any road more than
five miles from any city boundary). g
Mud and dirt carryout from unpaved areas SuchIt
as construction sites Often accounts for a
Paving, Vegetating, and Chemtcaty Stablllzing
substantial fraction of paved toad silt loadings In
2
Unpaved Access Points onto Paved Roads
many areas. The ellmination of this canyoul may
(especially Adjacent to Construdtion lMustdal
significantly reduce paved road emissions. This
Sites)
measure would Involve paving, vegetating, or
chemically stabilizing access points where
unpaved traffic surfaces adjoin paved roads.
Nevamodified Roads: Paved Roads - Eliminate
the AOVT threshold for paving d feet from the
current AOVr trigger level of 500 for such a
Preventative measures are very important since
paving requirement (consistent with EPA's
Mitigation measures are often less effective for
guidance for BAG01). Unpaved shoulders - i
Curbing. Paving, or Stabilizing Shoulders on
paved roads, especially in instances where no
Commitments from incorporated municipalities to
3
Paved Roads (Includes Painting Stripe On
dominant or localized source of dust Wading can
-retrofit- existing unpaved Shoulders as follows:
Outside of Travel Lane)
be Identified. This measure would require the
1. Determine cumulative miles of unpaved
curbing, paving, or stabilizing (chemically or with
smoulders according to mad ADVT; 2. Pave or
vegetation) of smoulders of paved mads.
stabilize (per Rule W61) smoulder --miles of top
50% AOVT according to a Phase-in schedule:
'
I ON. by end of 2004, and an additional 10% by
the end of 2005.
Require incorporated municipalities to do the
following as it applies to new purchases of street
sweepers for city or city -contracted fleets: 1.
Purchase certified PM10-ef ident street sweepers
as new or replacement purchases to existing
fleet; 2. Purchase at least one such unit within
three years of the adoption and/or amendment d( ;
Paved food sweeping and flushing represents a
an applicable rule for existing street sweeper
i
teals of two or more (Beet refers rocity-awned Or
mitigation measure for paved road surface dust
contracted—+f contractor fleet. the minimum
loading. This measure would Involve the.
purchase requirement applies separately to each
4
Frequent Routine Sweeping or cteantng of Paved
frequent sweeping or cleaning of paved roads.
jurisdiction for which the street sweeping contract
Roads
including the flushing of paved mads. Vacuum
exists). J. If fleet contains both certified sweepers
and regenerative sweeping are acceptable
and non -certified sweepers, prioritize the use of
methods. Another option, roadway tushing,
certified sweepers for dirt-ioden streets prior to
Involves the use of high-pressure water sprays.
any routine street sweeping. Munlcfpaltles are
required to identify Such din -laden mutes and
'
provide the District with a priority fist Of such
routes within one year of rule adoption and/or
amendment: 4. Use certified -PM 10 of i dent
street sweeper at least once per month:
S. Operate and maintain such sweepers
I
according to manufacturer specifications.
Imensive Street Cleaning Requirements for
5
Industrial Paved Roads and Streets Providing
See Above
Access to IndustriatConsuuctlon Sites
Require incorporated municipalities to: I.
Remove debris/material after wind or rain runoff
event by using street sweepers within 24 hours of
B
Erosion Clean-up
identification, or prior to opening up traffic lanes
In the event lanes were originally shut due W the ;
emslon event 2. Follow adequate dust control
procedures in the removal of the material.
(11 Nan -temporary, could be defined as any public or private mad that will not be paved or otherwise prohibited from use after a six-month Period.
BACM OVERVIEW
• The Clean Air Act requires that the Moderate Area Plan include Reasonably Available Control
Measures (RACM) and that the Serious Area Plan include Best Available Control Measures
(BACM).
• EPA has guidance regarding the procedures to determine BACM. In general, documentation for
the Plan should include:
o a review of the procedures established by EPA,
o the process followed in the SJV nonattaimnent area for selecting BACM,
o a summary of the selected BACM, and
o a review of the commitments to implement BACM.
In order to implement these procedures, a new regional emissions inventory will need to be
developed for the Plan. EPA has indicated that the emissions inventory contained in the 1997 SJV
PM -10 Plan was neither accurate nor comprehensive. The source categories in the emissions
inventory will need to be evaluated for their impact on PM -10 concentrations in the SJV
nonattainment area.
• The Selection of BACM must include review of EPA Technical Information Documents,
Consideration of Public Comments, and the Adoption of Increasingly Stringent Control Measures.
BACM is demonstrated generally through increase in stringency. However, it is possible to
demonstrate that RACM commitments meet the BACM requirements. This can be done by
documenting that no additional source control is possible. For example if the RACM
commitments were made to pave ALL unpaved shoulders in the nonattainment area. In addition,
it can be documented that it is infeasible to expand source control based on technological or
economical infeasibility.
• Increase in Stringency is demonstrated by documenting that:
o the new measure addresses a previously uncontrolled activity, or
o that the effectiveness or the extent of applicability has been increased, or
o that the level of resources for enforcement has been increased.
Earth Matters June 2002
FACT SHEET ON PARTICULATE MATTER (PM -10)
What is particulate matter?
• Solid particles or liquid droplets that are small enough to remain suspended in the air (includes
dust, soot, and smoke, as well as toxic particles).
• Particles ten microns and smaller in diameter are called PM -10.
• PM -10 generally consists of both direct particulates (e.g., soil particles) and secondary particulate
matter (e.g., ammonium nitrate and ammonium sulfate) which is formed in the atmosphere from
reactions between precursor gases (e.g., ROG, NOx, SOx).
How bad is the PM -10 problem in the San Joaquin Valley?
• 10 monitoring sites exceed the 24-hour • 3 monitoring sites exceed the annual
standard from 1999 — 2001 standard from 1999 — 2001
• The 24-hour standard is 150 micrograms per • The annual standard is 50 micrograms per
cubic meter cubic meter
What are the sources of PM -10 emissions in the Valley?
• 2000 SJV Air Basin (www.arb.ca.aov/ani)/emsinv/) NOTE: 1999 will be the base year for the
Plan and Ammonia will be added to the inventory.
Source CateiZory
PM -10
ROG
NOx
Sox
Stationary
6%
21%
31%
58%
Area
89%
36%
2%
1%
- includes paved road dust
(13%)
- includes unpaved road dust
(23%)
Onroad Mobile
1%
43%
43%
9%
Nonroad Mobile
2%
24%
24%
32%
Natural (Non -Anthropogenic)
2%
<1%
<1%
0
What is the nonattainment status of the Valley?
• Classified as Moderate PM -10 area in 1991, under the Clean Air Act Amendments.
• Reclassified as Serious PM -10 area on January 8, 1993.
• Proposed finding of failure to attain by December 31, 2001 issued by EPA February 28, 2002.
What has been done to reduce emissions?
• LEV Program
• Enhanced vehicle emission testing
• CARB Diesel
• Paved and Unpaved Road Controls
• Residential Wood Burning Controls
• District controls on industrial emissions
• Regulation VIII
• Prescribed and Open Burning Controls
• Local transportation control measures
(TCMs)
• Federal controls for heavy-duty onroad,
nonroad, and fuel standards
What does the law require now?
• Submit plan to EPA by December 31, 2002.
• Plan must provide for annual reductions in PM -10 or PM -10 precursor emissions of 5% per year
until attainment of the standards can be demonstrated.
• Include enforceable commitments to implement all Best Available Control Measures (BACM).
These commitments were required for the Serious Area Plan and are past due. BACM must be
implemented as expeditiously as practicable.
Earth Matters June 2002
What additional measures could be considered?
• Federal Controls (e.g., interstate truck
travel, trains, and planes)
• State Controls (e.g., cars/trucks and
nonroad equipment)
• Additional District Controls on
stationary sources (Agriculture)
• Strengthen Regulation VIII
• Additional TCMs
Earth Matters June 2002
REQUIREMENTS FOR SERIOUS PM -10 NONATTAINMENT AREAS
WHICH HAVE FAILED TO ATTAIN
NOTE: Section 189(4) of the Clean Air Act addresses Serious PM -10 Nonattainment Areas that have
failed to attain the standards. However, EPA has not released guidance for implementing this section of
the Act. In addition, no other area in the U.S. has been required to submit a plan as required by this
section of the Act. The following summary is based on preliminary review of the Clean Air Act;
consultation with EPA will be ongoing.
• Attainment Date: as expeditiously as possible
• Major Source & Major Stationary Source: 70 tons per year. It is important to note that the
control requirements for major stationary sources of PM -10 also apply to major stationary
sources of PM -10 precursors (potentially ROG, NOx, SOx, and ammonia).
Attainment Demonstration and Specific Annual Emission Reductions: The Clean Air Act requires
a comprehensive, accurate, and current inventory of actual emissions from all sources of PM -10
and its precursors. Annual reduction in PM -10 or PM -10 precursor emissions of not less than 5
percent of the amount of such emissions as reported in the most recent inventory until attainment
of the standards. EPA requires that the plan contain motor vehicle emission budgets resulting
from the reasonable further progress and attainment demonstrations.
•
Contingency Provisions: The Plan must provide for contingency measures to be implemented if
the area fails to make reasonable further progress toward attainment or attain the standard by the
attainment date.
• Provisions to Implement Best Available Control Measures: Commitments to implement BACM
are past due. BACM is the maximum degree of emissions reduction of PM -10 from a source.
As part of the February 28, 2002 EPA finding of failure to submit, EPA indicated that the 1997
Plan "does not meet the requirements of CAA section 189(b)(1)(B) and EPA guidance for best
available control measures (BACM): the Plan does not provide for BACM for each significant
source category; it does not document the State's selection of BACM; and the Plan's BACM
commitments are not being met".
• Milestones: Demonstration that milestones are achieved every 3 years. Milestones are established
by the reasonable further progress demonstration. The milestone demonstration is due 90 days
after the milestone occurs. If the demonstration is not submitted or the milestone has not been
met, a plan revision is due in 9 months that assures that the next milestone will be met.
• Sanction Clocks: Triggered due to EPA finding of Failure to Submit Serious PM -10 Plan issued
on February 28, 2002. This action starts an 18 -month sanctions clock for 2-1 offsets and 24 -
month sanctions clock for federal highway funding that can only be turned off by a complete plan
submittal and a 2 -year FIP clock that can only be turned off by EPA approving the plan submittal.
It is anticipated that this will be satisfied by 5% plan.
Earth Matters June 2002
RESOLUTION NO. 2002-228
A RESOLUTION OF THE LODI CITY COUNCIL IMPLEMENTING THE CITY
OF LODI'S BEST AVAILABLE CONTROL MEASURES FOR PARTICULATE
MATTER (DUST) IN ACCORDANCE WITH THE SAN JOAQUIN VALLEY AIR
POLLUTION CONTROL DISTRICT'S PROPOSED REGULATIONS
WHEREAS, the San Joaquin Valley Air Basin has been designated as Severe for
Particulate Matter; and
WHEREAS, the Federal Clean Air Act requires that the Severe Area Plan for the San
Joaquin Valley Air Basin contains Best Available Control Measures to mitigate and reduce
particulate matter emissions; and
WHEREAS, the Best Available Control Measures are demonstrated generally through
increase in stringency, which is demonstrated by documenting that the new measure addresses a
previously uncontrolled activity, and that the level of resources for enforcement have been
increased; and
WHEREAS, in addition to providing methods for cleaning the air, the adoption of these Best
Available Control Measures also works to ensure that restrictions are not imposed on transportation
funding; and
WHEREAS, pursuant to the Clean Air Act, failure to adopt a complete and adequate
particulate matter plan, which contains adopted local government control measures, can result in
highway funding and approvals to be frozen until the requirements of the Clean Air act are deemed
to be satisfied; and
WHEREAS, the measures proposed by the City of Lodi highlight programs that are already
in place throughout the City.
BE IT RESOLVED, that the Lodi City Council does hereby approve and implement the City
of Lodi's Best Available Control Measures for Particulate Matter (dust) in accordance with the San
Joaquin Valley Air Pollution Control District's Proposed Regulations.
Dated: November 20, 2002
I hereby certify that Resolution No. 2002-228 was passed and adopted by the Lodi City
Council in a regular meeting held November 20, 2002 by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Nakanishi, and Mayor
Pennino
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLA�STON
City Clerk
2002-228