Governing Board Meeting Agenda: April 7, 2017

A meeting of the South Coast Air Quality Management District Board will be held at 9:00 a.m., in the Auditorium of the SCAQMD Headquarters, 21865 Copley Drive, Diamond Bar, California.

The agenda and documents in the agenda packet will be made available upon request in appropriate alternative formats to assist persons with a disability. Disability-related accommodations will also be made available to allow participation in the Board meeting.  Any accommodations must be requested as soon as practicable. Requests will be accommodated to the extent feasible.  Please telephone the Clerk of the Boards Office at (909) 396-2500 from 7:00 a.m. to 5:30 p.m. Tuesday through Friday.

All documents (i) constituting non-exempt public records, (ii) relating to an item on the agenda, and (iii) having been distributed to at least a majority of the Governing Board after the agenda is posted, are available prior to the meeting for public review at the South Coast Air Quality Management District Clerk of the Boards Office, 21865 Copley Drive, Diamond Bar, CA 91765.

Call To Order

  • Pledge of Allegiance
  • Opening Comments: 
    William A. Burke, Ed.D., Chair
    Other Board Members
    Wayne Nastri, Executive Officer
  • Presentation of Retirement Awards to Zeyda Turner, Shalini George and Ranji George, Burke

CONSENT CALENDAR (Items 1 through 17) 

Note: Consent Calendar items held for discussion will be moved to Item No. 18.

Download the agenda only (PDF, no attachments)


Download the complete agenda here.


  • 2. Set Public Hearing May 5, 2017 to Consider Adoption of and/or Amendments to SCAQMD Rules and Regulations

    Wayne Nastri

    (909) 396-3131

    Amend Rule 219 – Equipment Not Requiring A Written Permit Pursuant To Regulation II and Amend Rule 222 – Filing Requirements for Specific Emission Sources Not Requiring A Written Permit Pursuant To Regulation II

    Philip Fine 909-396-2239

    Proposed Amended Rule 219 will exempt certain categories of equipment from the requirement to obtain a written permit and remove existing exemptions for equipment that SCAQMD staff has learned may not be able to demonstrate compliance with all SCAQMD rules, and will also provide clarification for sources or processes currently covered under Rule 219.  Proposed Amended Rule 222 will add additional categories to the streamlined filing/registration program of Rule 222.  Both proposed amendments will further facilitate the streamlining of the District’s permitting system.  (Reviewed:  Stationary Source Committee, March 17, 2017)

  • Budget/Fiscal Impact

    3. Recognize Revenue and Execute Contract to Develop and Evaluate Aftertreatment Systems for Large Displacement Diesel Engines

    Matt Miyasato

    909-396-3249
    CARB previously awarded a contract to Southwest Research Institute (SwRI) to investigate and demonstrate emission control strategies for 13-liter diesel engines to achieve 90% emission reductions using available aftertreatment systems. While the demonstration was successful, in order to better estimate real-world emissions under low load and low temperature conditions, an aged aftertreatment system is required for further optimization. These actions are to recognize revenue up to $500,000 from U.S. EPA into the Clean Fuels Fund (31) and execute a contract with SwRI in an amount not to exceed $400,000 from the Clean Fuels Fund (31), comprising up to $290,000 from the EPA revenue and $110,000 for SCAQMD’s cost-share, to develop and evaluate an aged aftertreatment system for emissions testing. The remaining EPA funds will be allocated to a future project, subject to Board approval. (Reviewed: Technology Committee, March 17, 2017; Recommended for Approval)

  • 4. Recognize Revenue and Execute Contracts to Demonstrate Zero and Near-Zero Emission Drayage Trucks and Cargo Handling Equipment

    Matt Miyasato

    909-396-3249
    SCAQMD received a $10 million award to develop and demonstrate zero and near-zero emission technologies for drayage and cargo handling applications under CEC’s AB118 Alternative and Renewable Fuel and Vehicle Technology Program. This action is to recognize revenue into the Clean Fuels Fund (31) and execute contracts with Clean Energy, Velocity Vehicle Group and Hyster-Yale Nederland BV to develop and demonstrate advanced zero and near-zero emission drayage trucks and top handlers in an amount not to exceed $11,600,106 from the Clean Fuels Fund (31). (Reviewed: Technology Committee, March 17, 2017; Recommended for Approval)

  • 5. Execute Contracts to Conduct 2017 Leaf Blower Exchange Program

    Fred Minassian

    909-396-2641
    At its December 2, 2016 meeting, the Board approved release of a Program Announcement to solicit competitive bids from manufacturers of zero or low emission/low noise commercial leaf blowers. This action is to award contracts to conduct the 2017 Leaf Blower Exchange Program in an amount not to exceed $563,400 from the Rule 2202 AQIP Special Revenue Fund (27).(Reviewed: Mobile Source Committee, March 17, 2017; Recommended for Approval)

  • 6. Adopt Resolution Recognizing Funds and Accepting Terms and Conditions for FY 2016-17 Carl Moyer Program Award and Issue Program Announcements for Carl Moyer Program and SOON Provision

    Fred Minassian

    909-396-2641
    These actions are to adopt a resolution recognizing up to $26 million in Carl Moyer Program grant awards from CARB under SB 1107 with its terms and conditions for FY 2016-17 and to approve the release of Program Announcements for the FY 2016-17 “Year 19” Carl Moyer Program and SOON Provision to provide incentive funding for low emitting on- and off-road vehicles and equipment.  This action is also to approve a name correction for an award recipient under the Carl Moyer Program. (Reviewed: Technology Committee, March 17, 2017; Recommended for Approval)

  • 7. Execute Contract for Independent Audit Services for FYs Ending June 30, 2017, 2018 and 2019

    Michael O'Kelly

    909-396-2828
    On November 10, 2016, the Board approved release of an RFP for independent financial audit services.  An evaluation panel composed of an outside expert and SCAQMD Legal and Finance staff evaluated the proposals. Three proposals were submitted to the Administrative Committee for consideration at its March 10, 2017 meeting.  After the Committee interviewed representatives of each of the firms, BCA Watson Rice, LLP was selected to be recommended to the full Board. (Reviewed: Administrative Committee, March 10, 2017; Recommended for Approval)

  • 8. Approve Transfer of Monies from Health Effects Research Fund to Brain & Lung Tumor and Air Pollution Foundation

    Michael O'Kelly

    909-396-2828
    At the February 10, 2017 meeting of the Brain & Lung Tumor and Air Pollution Foundation (Foundation), the Foundation Board asked that funds that the SCAQMD Board previously transferred to the Health Effects Research Fund be designated for the Foundation's use to fund a toxicological study of the effect of PM air pollution (coarse/fine/ultrafine) on mice that are genetically predisposed to develop Alzheimer's disease. This action is to transfer $750,000 from the Health Effects Research Fund to the Brain & Lung Tumor and Air Pollution Foundation to fund such research. (Reviewed: Administrative Committee, March 10, 2017; Recommended for Approval)

  • 9. Authorize Purchase of Maintenance and Support Services for Servers and Storage Devices

    Michael O'Kelly

    909-396-2828
    Servers and storage devices are used by enterprise-level software applications that currently support the Clean Air Support System for all of the SCAQMD core activities.  Maintenance support for these computers expires April 30, 2017.  This action is to obtain approval for the sole source purchase of hardware and software maintenance and support services for servers and storage devices from Hewlett Packard Company for one year.  Funds for this expense are included in the FY 2016-17 Budget ($110,000). (Reviewed:  Administrative Committee, March 10, 2017, Recommended for Approval)

  • 10. Remove Various Fixed Assets from SCAQMD Inventory

    Michael O'Kelly

    909-396-2828
    SCAQMD Administrative Policies and Procedures No. 20 requires each organizational unit to review fixed assets for obsolescence and disposal every six months.  This action is to approve removal of surplus equipment and motor vehicles determined to be obsolete, non-operational and not worth repairing.  (Reviewed: Administrative Committee, March 10, 2017; Recommended for Approval)

  • 11. Approve Contract Award and Modification Approved by MSRC


    Pettis
    As part of their FYs 2016-18 AB 2766 Discretionary Fund Work Program, the MSRC approved a new contract as well as modifications to a previously awarded contract under the Major Event Center Transportation Program.  At this time the MSRC seeks Board approval of the contract award and modification. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, March 16, 2017; Recommended for Approval)

  • Items 12 through 17 - Information Only/Receive and File

    12. Legislative, Public Affairs and Media Report

    Derrick Alatorre

    909-396-3122
    This report highlights the February 2017 outreach activities of Legislative, Public Affairs and Media, which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Outreach to Business, Federal, State, and Local Government and Media Relations. (No Committee Review)

  • 13. Hearing Board Report

    Ed Camarena

    909-396-2500
    This reports the actions taken by the Hearing Board during the period of February 1 through February 28, 2017. (No Committee Review)

  • 14. Civil Filing and Civil Penalties Report

    Kurt Wiese

    909-396-3460
    This reports the monthly penalties from February 1 through February 28, 2017, and legal actions filed by the General Counsel's Office from February 1 through February 28, 2017.  An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, March 17, 2017)

  • 15. Lead Agency Projects and Environmental Documents Received by SCAQMD

    Susan Nakamura

    909-396-3105
    This report provides, for the Board's consideration, a listing of CEQA documents received by the SCAQMD between February 1, 2017 and February 28, 2017 and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (Reviewed: Mobile Source Committee, March 17, 2017)

  • 16. Rule and Control Measure Forecast

    Philip Fine

    909-396-2239
    This report highlights SCAQMD rulemaking activities and public workshops potentially scheduled for the year 2017. (No Committee Review)

  • 17. Status Report on Major Ongoing and Upcoming Projects for Information Management

    Michael O'Kelly

    909-396-2828
    Information Management is responsible for data systems management services in support of all SCAQMD operations. This action is to provide the monthly status report on major automation contracts and planned projects. (Reviewed: Administrative Committee, March 10, 2017; Recommended for Approval)

  • 19. Administrative Committee

    Wayne Nastri

    (909) 396-3131
    (Receive & File)
    Chair: Burke

  • 20. Legislative Committee

    Derrick Alatorre

    909-396-3122
    Chair: Mitchell

    Receive and file; and take the following actions as recommended:

     Agenda Item     Recommendation
    AB 582 (C. Garcia) Vehicles: emissions: surveillance  Support with Amendments
    AB 615 (Cooper) Air Quality Improvement Program: Clean Vehicle Rebate Project  Support
    AB 1081 (Burke) Sales and use taxes: exclusion: low-emission motor vehicle: trade-in Support with Amendments
    AB 1083 (Burke) Transportation electrification: electric vehicle charging infrastructure: state parks and beaches Support
    SB 174 (Lara) Diesel-fueled vehicles: registration     Support with Amendments
    Proposed Policy Principles Regarding Amendments to Greenhouse Gas Funding and/or Reauthorization Legislation  Approve

                                                      

  • 21. Mobile Source Committee

    Philip Fine

    909-396-2239
    (Receive & File)
    Chair: Parker

  • 22. Stationary Source Committee

    Laki Tisopulos

    909-396-3123
    (Receive & File)
    Chair: Benoit

  • 23. Technology Committee

    Matt Miyasato

    909-396-3249
    (Receive & File)
    Chair: Buscaino

  • 24. Mobile Source Air Pollution Reduction Review Committee

    Matt Miyasato

    909-396-3249
    Board Liaison: Benoit
    (Receive & File)

  • 25. California Air Resources Board Monthly Report

    Denise Garzaro

    909-396-2500
    Board Rep: Mitchell
    (Receive & File)

  • Staff Presentation/Board Discussion

    26. Presentation of Action Plan for High-Risk Emitters of Toxic Air Contaminants

    Kurt Wiese

    909-396-3460
    (Presentation in lieu of Board Letter)

    Following the discovery of high levels of hexavalent chrome in the city of Paramount, staff has developed a plan to address facilities outside Paramount causing high risks due to emissions of toxic air contaminants. This item is a presentation of the plan. (No Committee Review)



    CONFLICT OF INTEREST DISCLOSURES – (No Written Material)

    Under the approval authority of the Executive Officer, the District will enter into a contract modification with Gladstein, Neandross & Associates (Contract No. C123086).  The contractor is a potential source of income for Governing Board Member Joseph Lyou, which qualifies for the remote interest exception of Section 1090 of the California Government Code. Dr. Lyou abstained from any participation in the making of the contract modification.

Public Comment Period

(Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)


Board Member Travel

(No Written Material) Board member travel reports have been filed with the Clerk of the Boards, and copies are available upon request.


Closed Session

Kurt Wiese (909) 396-3460
(No Written Material)

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
It is necessary for the Board to recess to closed session pursuant to Government Code section 54956.9(a) and 54956.9(d)(1) to confer with its counsel regarding pending litigation which has been initiated formally and to which the SCAQMD is a party. The actions are:

  • Aerocraft Heat Treating Co., Inc. v. SCAQMD, Los Angeles Superior Court Case No. TC028725;
  • SCAQMD v. Anaplex, Los Angeles Superior Court Case No. BC608322 (Paramount Hexavalent Chromium);
  • In the Matter of SCAQMD v. Aerocraft Heat Treating Co., Inc. and Anaplex Corp., SCAQMD Hearing Board Case No. 6066-1 (Order for Abatement);
  • In the Matter of SCAQMD v. Browning-Ferris Industries of California, Inc. dba Sunshine Canyon Landfill, Hearing Board Case No. 3448-14;
  • Communities for a Better Environment v. SCAQMD, Los Angeles Superior Court Case No. BS153472 (Phillips 66);
  • Communities for a Better Environment v. SCAQMD, Los Angeles Superior Court Case No. BS161399 (RECLAIM);
  • People of the State of California, ex rel SCAQMD v. Exide Technologies, Inc., Los Angeles Superior Court Case No. BC533528;
  • In the Matter of SCAQMD v. Exide Technologies, Inc., SCAQMD Hearing Board Case No. 3151-29 (Order for Abatement);
  • In re: Exide Technologies, Inc., U.S. Bankruptcy Court, District of Delaware, Case No. 13-11482 (KJC) (Bankruptcy case);
  • In the Matter of SCAQMD v. Torrance Refining Company, LLC, SCAQMD Hearing Board Case No. 6060-5 (Order for Abatement); and 
  • Fast Lane Transportation, Inc. et al. v. City of Los Angeles, et al., Contra Costa County Superior Court Case No. MSN14-0300 (formerly South Coast Air Quality Management District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS 143381) (SCIG).

CONFERENCE WITH LEGAL COUNSEL – THREATENED LITIGATION
It is also necessary for the Board to recess to closed session pursuant to Government Code section 54956.9(d)(2) due to significant exposure to litigation (two cases) based on the following facts and circumstances:  Case (1) – Notice of Intent to Sue Letter from the Center for Biological Diversity to Scott Pruitt, EPA Administrator, dated March 14, 2017 and Case (2) – A request by the Port of Los Angeles and Port of Long Beach for a tolling and standstill agreement regarding the Board’s adoption of MOB-01, in a letter dated March 17, 2017).


ADJOURNMENT


 ***PUBLIC COMMENTS***


Members of the public are afforded an opportunity to speak on any listed item before or during consideration of that item. Please notify the Clerk of the Board, (909) 396-2500, if you wish to do so. All agendas are posted at SCAQMD Headquarters, 21865 Copley Drive, Diamond Bar, California, at least 72 hours in advance of the meeting. At the end of the agenda, an opportunity is also provided for the public to speak on any subject within the SCAQMD's authority. Speakers may be limited to three (3) minutes each.

Note that on items listed on the Consent Calendar and the balance of the agenda any motion, including action, can be taken (consideration is not limited to listed recommended actions). Additional matters can be added and action taken by two-thirds vote, or in the case of an emergency, by a majority vote. Matters raised under Public Comments may not be acted upon at that meeting other than as provided above.

Written comments will be accepted by the Board and made part of the record, provided 25 copies are presented to the Clerk of the Board. Electronic submittals to Clerk of the Boards of 10 pages or less including attachment, in MS WORD, plain or HTML format will also be accepted by the Board and made part of the record if received no later than 5:00 p.m., on the Tuesday prior to the Board meeting.

ACRONYMS

AQ-SPEC = Air Quality Sensor Performance Evaluation Center
AQIP = Air Quality Investment Program
AQMP= Air Quality Management Plan
AVR = Average Vehicle Ridership
BACT = Best Available Control Technology
Cal/EPA = California Environmental Protection Agency
CARB = California Air Resources Board
CEMS = Continuous Emissions Monitoring Systems
CEC= California Energy Commission
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental Research and Technology
CNG = Compressed Natural Gas
CO = Carbon Monoxide
CTG = Control Techniques Guideline
DOE = Department of Energy
DERA= Diesel Emissions Reduction Act
EV = Electric Vehicle
FY = Fiscal Year
GHG = Greenhouse Gas
HRA = Health Risk Assessment
LEV = Low Emission Vehicle
LNG = Liquefied Natural Gas
MATES = Multiple Air Toxics Exposure Study
MOU = Memorandum of Understanding
MSERCs = Mobile Source Emission Reduction Credits
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NATTS = National AIr Toxics Trends Station
NESHAPS = National Emission Standards for Hazardous Air Pollutants
NGV = Natural Gas Vehicle
NOX = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
OEHHA = Office of Environmental Health Hazard Assessment
PAMS = Photochemical Assessment Monitoring Stations
PAR = Proposed Amended Rule
PEV = Plug-In Electric Vehicle
PHEV = Plug-In Hybrid Electric Vehicle
PM10 = Particulate Matter ≤ 10 microns
PM2.5 = Particulate Matter < 2.5 microns
PR= Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
RTC = RECLAIM Trading Credit
SCAG = Southern California Association of Governments
SIP = State Implementation Plan
SOX = Oxides of Sulfur
SULEV = Super Ultra Low Emission Vehicle
SOON = Surplus Off-Road Opt-in for NOX
SULEV = Super Ultra Low Emission Vehicle
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
U.S. EPA = United States Environmental Protection Agency
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle