Governing Board Meeting Agenda: June 2, 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 Office

CONSENT CALENDAR (Items 1 through 18) 

Note: Consent Calendar items held for discussion will be moved to Item No. 19.

Download the agenda only (PDF, no attachments)


Download the complete agenda here.


  • 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)

  • 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.

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);
  • Bahr v. U.S. EPA, United States Court of Appeals, Ninth Circuit, Case No. 14-72327;
  • 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. 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);
  • 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); and
  • Szymanski v. SCAQMD, Workers' Compensation Appeals Board Case No. ADJ9752399.


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
RECLAIM = Regional Clean Air Incentives Market
RFP = Request for Proposals
RFQ = Request for Quotations
SCAG = Southern California Association of Governments
SIP = State Implementation Plan
SOX = Oxides of Sulfur
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