Governing Board Meeting Agenda: June 2, 2017

Call To Order

Download the complete agenda here.

• 1. Approve Minutes of May 5, 2017 Board Meeting

  Denise Garzaro 909-396-2500
  

• 2. Set Public Hearings July 7, 2017 to Consider Adoption of and/or Amendments to SCAQMD Rules and Regulations

  Wayne Nastri (909) 396-3131
  A. Amend Rule 1118 - Control of Emissions from Refinery Flares and Determine that Proposed Amendments are Exempt from CEQA
  Phil Fine, 909-396-2239
  
  Refineries are required to minimize their flaring under Rule 1118.  Recent significant flaring events at some local refineries have shown that additional actions are needed to further reduce flaring emissions. PAR 1118 will incorporate parts of U.S. EPA's recently updated Refinery Sector Rule that prohibits the frequency of certain flaring events.  PAR 1118 will also require facilities to prepare a Scoping Document to evaluate the feasibility of reducing or avoiding flaring events, update emission factors based on recent U.S. EPA guidance, remove the annual cap on mitigation fees paid for flaring, enhance current reporting requirements, and other administrative updates.  (Reviewed: Stationary Source Committee, May 19, 2017)
  
  B. Certify the Final Environmental Assessment and Adopt Rule 1466 – Control of Particulate Emissions from Soils with Toxic Air Contaminants
  Susan Nakamura, 909-396-3105
  
  Proposed Rule 1466 establishes requirements to minimize fugitive particulate matter emissions from earth-moving activities at sites that the U.S. EPA, California Department of Toxics Substances Control, State Water Resources Control Board, or Regional Water Quality Control Board have determined that the soil contains arsenic, asbestos, cadmium, hexavalent chromium, lead, mercury, nickel, or polychlorinated biphenyl(s) that exceed levels of concern.  Proposed Rule 1466 also includes criteria that allows the Executive Officer to identify sites that would be applicable to Proposed Rule 1466.  The proposal will require monitoring of PM10 levels, dust control measures, notification to the SCAQMD when these activities are occurring and exceedance of the PM10 levels, and recordkeeping and signage requirements for the sites. This action is to adopt the resolution: 1) Certifying the Final Environmental Assessment for Proposed Rule 1466 - Control of Particulate Emissions from Soils with Toxic Air Contaminants; and 2) Adopting Rule 1466 - Control of Particulate Emissions from Soils with Toxic Air Contaminants. (Reviewed: Stationary Source Committee, May 19, 2017)
• 
  

  Budget/Fiscal Impact

  3. Execute Contract for Secondary Organic Aerosol Formation Study and Amend Technical Assistance Contracts for In-Use Emissions Testing for Heavy-Duty Vehicles

  Matt Miyasato 909-396-3249
  Secondary organic aerosol (SOA) is an important component of suspended fine atmospheric particulate matter with significant environmental risks.  Design of an effective emission control strategy to reduce the risks requires further understanding of the formation of SOA.  As part of an in-use emissions test previously approved by the Board, staff is proposing to assess SOA concentrations from heavy-duty diesel and natural gas vehicles.  These actions are to execute a contract with University of California Riverside CE-CERT to evaluate the SOA formation from heavy-duty diesel and natural gas vehicles and amend contracts with Gladstein, Neandross & Associates, LLC, and AEE Solutions, LLC, to provide technical assistance for in-use emissions testing for heavy-duty vehicles at a total cost not to exceed $85,000, $50,000 and $50,000, respectively, from the Clean Fuels Fund (31).  (Reviewed: Technology Committee, May 19, 2017; Recommended for Approval)

• 4. Transfer and Appropriate Funding, Execute Contract, Authorize Release of RFQ and Issue Purchase Orders

  Matt Miyasato 909-396-3249
  Field monitoring of PM and gravimetric analysis of PM samples continues to be an important part of ongoing efforts to better characterize air quality in the South Coast Basin.  The effectiveness and efficiency of such monitoring and analysis efforts can be enhanced by upgrading existing laboratory facilities and investing in new and updated field platforms and equipment that would allow for more reliable instrument performance, rapid response and reporting.  Consequently, this action is to upgrade the laboratory PM weighing room and purchase two state-of-the-art continuous Federal Equivalent Method monitors and two mobile air monitoring platforms.  This action is to also transfer and appropriate up to $323,500 into Science & Technology Advancement’s FY 2016-17 and/or 2017-18 Budgets for the weighing room upgrade and equipment purchases and to transfer up to $230,000 between Major Objects within Science & Technology Advancement’s FY 2016-17 Budget to realign expenditures for the FY 2016-17 Enhanced Particulate Monitoring Program. (Reviewed: Administrative Committee, May 12, 2017; Recommended for Approval)

• 5. Approve Awards for Electric School Buses

  Fred Minassian 909-396-2641
  At its December 2, 2016 meeting, the Board issued a Program Announcement to solicit applications for electric school buses.  This action is to approve awards for electric school buses and associated charging infrastructure in an amount not to exceed $8,844,000 from the Carl Moyer Program AB 923 Fund (80). (Reviewed: Technology Committee, April 21, 2017; Recommended for Approval)

• 6. Reallocate Funding Sources for Projects Under Carl Moyer Program

  Fred Minassian 909-396-2641
  On October 7, 2016, the Board awarded contracts under the FY 2015-16 “Year 18” Carl Moyer Program, including two contracts executed for $249,050 to repower a marine vessel and $627,873 to replace one off-road agricultural equipment from the Carl Moyer Program Fund (32).  Subsequently, staff identified $225,136 in turn-back funds from withdrawn projects from a 2012 Diesel Emissions Reduction Act (DERA) grant.  This action is to amend both contracts, substituting $225,136 in Carl Moyer funds with the unencumbered portion of the 2012 DERA grant in the Advanced Technology, Outreach and Education Fund (17). (Reviewed: Technology Committee, May 19, 2017; Recommended for Approval)

• 7. Extend Contract for Targeted YouTube Videos and Banner Ads for the 2017-18 Check Before You Burn Program

  Sam Atwood 909-396-3687
  The contract with Google to help promote the Check Before You Burn (CBYB) program is currently set to expire on June 30, 2017. This action is to authorize the Executive Officer to extend the current contract with Google, Inc. for $250,000, for the 2017-18 CBYB program. This contract will be executed from the Rule 1309.1 Priority Reserve Fund (36). (Reviewed: Administrative Committee, May 12, 2017; Recommended for Approval)

• 8. Transfer Funds and Issue Purchase Orders for Necessary Software and Hardware to Develop Enterprise Geographical Information System

  Michael O'Kelly 909-396-2828
  A recent strategic planning effort for an Enterprise Geographical Information System (EGIS) identified a need to use GIS more broadly across the diverse business processes at SCAQMD.  In order to implement the recommended EGIS, SCAQMD needs to update the current spatial IT infrastructure, storage environment and delivery of geospatial services to serve a growing need for geospatial data and to enable integration with other supported business systems and databases.  This action is to transfer funds within the Information Management (IM) FY 2016-17 Budget, and to issue purchase orders for the acquisition of computer hardware and software necessary for the development of an EGIS at a total cost not to exceed $80,000.  Funds are available in IM’s FY 2016-17 Budget.  (Reviewed: Administrative Committee, May 12, 2017; Recommended for Approval)

• 9. Appropriate Funds and Authorize Amending Contracts with Outside Counsel and Specialized Legal Counsel and Services

  Kurt Wiese 909-396-3460
  Legal is currently being assisted in environmental lawsuits by outside law firms and in other matters requiring specialized legal counsel and services, including ongoing litigation.  This action is to appropriate $250,000 from Undesignated Fund Balance to Legal’s FY 2016-17 Budget and amend contracts to expend these funds with prequalified counsel approved by the Board as well as specialized legal counsel and services.  (Reviewed: Administrative Committee, May 12, 2017; Recommended for Approval)

• 10. Approve Contract Award and Modification and Issue Solicitations Approved by MSRC

  
  Pettis
  
  As part of their FYs 2016-18 AB 2766 Discretionary Fund Work Program, the MSRC approved a new contract under the Major Event Center Transportation Program.  The MSRC also approved a modification to a contract under the Signal Synchronization Partnership Program as part of their FYs 2012-14 Work Program, and the release of a Program Announcement for Natural Gas Infrastructure as part of their FYs 2016-18 Work Program.  In addition, the contract for the MSRC’s Technical Advisor expires September 30, 2017.  To ensure continuation of these services, as part of the FYs 2016-18 Work Program, the MSRC approved the release of an RFP to solicit Technical Advisor services. At this time the MSRC seeks Board approval of the contract award and modification and to release the solicitations. (Reviewed: Mobile Source Air Pollution Reduction Review, May 18, 2017; Recommended for Approval)
  
  
• Action Item/No Fiscal Impact

  11. Authorize Staff to Submit Letter of Support for CARB Locomotive Petition to U.S. EPA

  Barbara Baird 909-396-2302
  On April 13, 2017, CARB petitioned the U.S. EPA to adopt more stringent emission standards for locomotives.  CARB seeks updated emission standards for new and remanufactured locomotives.  New “Tier 5” standards for new locomotives, beginning in year 2025, would obtain up to 99% NOx and PM controls relative to uncontrolled locomotives.  Such locomotives would also have the capability for zero-emission operations in designated areas.  Standards for remanufactured locomotives would begin in year 2023 and would differ according to date of manufacture.  CARB states that its 2016 Technology Assessment for Freight Locomotives demonstrates that these standards are feasible.  CARB’s Petition is consistent with the need demonstrated in the 2016 AQMP for U.S. EPA to implement greater controls for sources that are under federal authority. Staff requests authorization to send a letter of support to U.S. EPA to support CARB’s petition, and to urge U.S. EPA to adopt stringent new standards as soon as feasible. (Reviewed: Mobile Source Committee, May 19, 2017; Recommended for Approval)
  

   
• Items 12 through 18 - Information Only/Receive and File

  12. Legislative, Public Affairs and Media Report

  Derrick Alatorre 909-396-3122
  This report highlights the April 2017 outreach activities of the Legislative, Public Affairs and Media Office, which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, Media Relations, and Outreach to Business, Federal, State, and Local Government. (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 
  April 1 through April 30, 2017. (No Committee Review)
  

   

• 14. Civil Filings and Civil Penalties Report

  Kurt Wiese 909-396-3460
  This reports the monthly penalties from April 1 through April 30, 2017, and legal actions filed in the General Counsel's Office from April 1 through April 30, 2017.  An Index of District Rules is attached with the penalty report.  (Reviewed: Stationary Source Committee, May 19, 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 April 1, 2017 and April 30, 2017, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA.  (Reviewed: Mobile Source Committee, May 19, 2017)

• 16. Report of RFQs Scheduled for Release in June

  Michael O'Kelly 909-396-2828
  This report summarizes the RFQs for budgeted services over $75,000 scheduled to be released for advertisement for the month of June.  (Reviewed:  Administrative Committee, May 12, 2017; Recommended for Approval)

• 17. 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)

• 18. 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, May 12, 2017; Recommended for Approval)

• 19. Items Deferred from Consent Calendar

  
  

• BOARD CALENDAR

  20. Administrative Committee

  Wayne Nastri (909) 396-3131
  (Receive & File) 
  

  Chair: Burke

• 21. Investment Oversight Committee

  Michael O'Kelly 909-396-2828
  (Receive & File)
  Chair:Cacciotti  

• 22. Legislative Committee

  Derrick Alatorre 909-396-3122
  Chair: Mitchell
  
  Receive and file; and take the following actions as recommended:
  Agenda Item                             Recommendation
  
  AB 378 (C.Garcia) Greenhouse             Work with Author
  Gases, Criteria Air Pollutants, and
  Toxic Air Contaminants               
  AB 890 (Medina) Local Land Use           Watch
  Initiatives: Environmental Review
  
  AB 1073 (E. Garcia) California Clean     Support
  Truck, Bus, and Off-Road Vehicle and
  Equipment Technology Program
  
  AB 1647 (Muratsuchi) Petroleum           Work with Author
  Refineries: Air Monitoring Systems   
  

   

• 23. Mobile Source Committee

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

• 24. Stationary Source Committee

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

• 25. Technology Committee

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

• 26. Mobile Source Air Pollution Reduction Review Committee

  Fred Minassian 909-396-2641
  (Receive & File)
  Board Liaison: Benoit
  

   

• 27. California Air Resources Board Monthly Report

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

   

• PUBLIC HEARINGS

  28. Adopt Executive Officer’s FY 2017-18 Proposed Goals and Priority Objectives, Draft Budget and Proposed Amended Regulation III – Fees and Determine that Proposed Amendments Are Exempt from CEQA

  Michael O'Kelly 909-396-2828
  The Executive Officer's Budget, Goals and Priority Objectives for FY 2017-18 have been developed and are recommended for adoption.  In addition, staff is proposing amendments to Regulation III – Fees.  The Governing Board will first determine that the proposed amendments are exempt from CEQA.  These amendments include the following fee increases:  1) Pursuant to Rule 320, an increase of most fees by 2.5% consistent with the Consumer Price Index; 2) A fee increase of 16% in specified fees for Title V sources in FY 2017-18 and an additional 16% increase in FY 2018-19; and 3) A 4% increase in specified fees for non-Title V sources for FY 2017-18 and an additional 4% increase in FY 2018-19.  The fee increases have been presented at a Budget Study Session, Budget Advisory Committee meeting and at two public consultation meetings in April with recommendations and comments provided to the Board.  Finally, staff recommends other proposed changes to Regulation III which have no fee impact, but do include clarifications, deletions or corrections to existing rule language.  (Reviewed: Special Governing Board Meeting/Budget Study Session, April 21, 2017)

• 29. Certify the Final Subsequent Environmental Assessment and Amend Rule 1147 - NOx Reductions from Miscellaneous Sources

  Susan Nakamura 909-396-3105
  SCAQMD staff is proposing to amend Rule 1147 to reflect the recommendations made in the Final Rule 1147 Technology Assessment. PAR 1147 would allow in-use equipment with NOx emissions less than one pound per day to defer compliance with applicable emission limits until the unit is replaced or the burner is replaced. The proposed amended rule would also increase the NOx emission limit for certain equipment categories that were identified in the Final Rule 1147 Technology Assessment and exempt new and existing equipment rated at less than 325,000 btu per hour from the emissions limits of the rule. The proposed amended rule also provides options to demonstrate compliance and other minor changes to improve clarity. PAR 1147 is expected to result in NOx emission reductions delay of up to 0.9 tons per day. However, the emission reductions will begin to be recaptured starting in 2017 because the existing units will be regularly replaced and upgraded over time, leaving less than 0.03 tons per day NOx emissions reductions foregone associated with the less than 325,000 btu per hour exemption.  This action is to adopt the resolution: 1) Certifying the Final Subsequent Environmental Assessment for Proposed Amended Rule 1147 - NOx Reductions from Miscellaneous Sources; and 2) Amending Rule 1147 - NOx Reductions from Miscellaneous Sources.  (Reviewed: Stationary Source Committee, April 21, 2017)

• 30. Certify Nonattainment New Source Review Compliance Demonstration for 2008 Ozone Standard

  
  

  The District has an existing federally-approved nonattainment New Source Review (NSR) program that covers the South Coast Air Basin and Coachella Valley, which are designated extreme and severe-15 nonattainment, respectively.   The District program, which applies to new major stationary sources and major modifications to existing major sources, is at least as stringent as the requirements set forth by the U.S. EPA.  States must submit a nonattainment NSR plan or plan revision for the 2008 ozone standard certifying that the current SIP-approved nonattainment NSR program meets the requirements for the implementation of the 2008 ozone NAAQS.  This action is to seek Board certification of the nonattainment NSR compliance demonstration for submittal to CARB for its approval and to submit to U.S. EPA for inclusion in the SIP.  (Reviewed: Stationary Source Committee, May 19, 2017)

  
  

   

  CONFLICT OF INTEREST DISCLOSURES – (No Written Material)

  Under the approval authority of the Executive Officer, the District will enter into contracts with Gladstein, Neandross & Associates (Contract Nos. C17346 & C17351) and contract modifications with University of California, Riverside CE-CERT (Contract Nos. C156072 & C156251).  The contractors are potential sources of income for Governing Board Member Joseph Lyou, which qualify for the remote interest exception of Section 1090 of the California Government Code. Dr. Lyou abstained from any participation in the making of the contracts and contract modifications.