Governing Board Meeting Agenda: May 5, 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 by Dr. Anna Wu on Research Funded by Health Effects of Air Pollution Foundation
     

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 Hearings June 2, 2017 to Consider Adoption of and/or Amendments to SCAQMD Rules and Regulations

    Wayne Nastri (909) 396-3131

     

    A. Adopt Executive Officer’s FY 2017-18 Proposed Goals and Priority Objectives, Draft Budget and Proposed Amended Regulation III – Fees

    Michael B. 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. 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% 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)

     

     

    B. Amend Rule 1147 - NOx Reductions from Miscellaneous Sources

    Susan Nakamura (909) 396-3105
    This item will include a staff discussion, at the request of the Stationary Source Committee, on issues raised at its April 21, 2017 Stationary Source Committee meeting regarding heated spray booth burners relative to Rule 1147.


    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. Other minor changes are proposed for clarity and consistency throughout the proposed amended rule. PAR 1147 is expected to result in NOx emission reductions delay of up to 0.9 tons per day in 2017. However, the emission reductions will 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. (Reviewed: Stationary Source Committee, April 21, 2017)

  • Budget/Fiscal Impact

    3. Execute Contract to Provide for Real-time Public Alerts of Hydrogen Sulfide Events

    Philip Fine 909-396-2239
    In response to natural odor events related to the Salton Sea, SCAQMD began continuous measurements of hydrogen sulfide (H2S) at two Coachella Valley locations in November 2013.  In 2016, there were 55 days when one or more of those stations exceeded the 30 parts-per-billion State 1-hour H2S standard.  While SCAQMD’s real-time alerts for other pollutants are issued through the U.S. EPA EnviroFlash alert system, H2S is not included since there is no federal H2S standard. Staff proposes to replace the current manual notifications for Coachella Valley H2S with an automated real-time email and text alert system, by contracting with Sonoma Technology, Inc. (STI), in order to develop an equivalent capability for H2S.  This action is to execute a contract with STI to develop and maintain a real-time alert system for H2S in the Coachella Valley at a cost not to exceed $78,000 from the AES Settlement Projects Fund (35). (Reviewed: Administrative Committee, April 14, 2017; Less than a quorum was present; the Committee Members concurred that this item be approved by the Board)
  • 4. Execute Contract to Educate Communities in Use and Operation of Air Quality Sensors

    Matt Miyasato 909-396-3249
    On November 4, 2016, the Board approved the execution of four contracts from Science & Technology Advancement’s FY 2016-17 Budget to participate in   U.S. EPA’s Science to Achieve Results Grant project.  Three contractors have already executed agreements. This action is to execute a contract with Comite Civico Del Valle, Inc., as the fourth contractor in an amount not to exceed $82,500 from Science & Technology Advancement’s FY 2016-17 and/or 2017-18 Budget to educate community members in the use and operation of air quality sensors.  (Reviewed: Technology Committee, April 21, 2017; Recommended for Approval)
  • 5. Execute Contract to Develop High Efficiency Near-Zero Emission Natural Gas Engines for Heavy-Duty Vehicles

    Matt Miyasato 909-396-3249
    In December 2016, the CEC released a competitive solicitation to fund development of advanced natural gas engine technology capable of reducing the efficiency gap between heavy-duty natural gas engines and equivalent diesel engines.  The CEC received five responses to the solicitation and recommended three grant awards, one of which was to North American Repower, LLC (NAR).  Staff proposes to cost-share this project, along with the Southern California Gas Company who will be contracting directly with NAR.  This action is to execute a contract with NAR to develop a high efficiency near-zero emission heavy-duty natural gas engine in an amount not to exceed $200,000 from the Clean Fuels Fund (31). (Reviewed: Technology Committee, April 21, 2017; Recommended for Approval)
  • 6. 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 33 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)
  • 7. Extend Contract for Media, Advertising and Public Outreach for 2017-18 Check Before You Burn Program

    Sam Atwood 909-396-3687
    On July 8, 2016, the Board awarded a contract to Westbound Communications for $246,000 to plan and execute a comprehensive media, advertising and public outreach campaign for the 2016-17 Check Before You Burn program. The existing contract with the firm will expire on June 30, 2017. This action is to extend the contract with Westbound Communications for $246,000 for one additional year. The contract will be executed from the Rule 1309.1 Priority Reserve Fund (36). A separate contract will be proposed at a later date for advertising with Google, Inc. to promote the 2017-18 Check Before You Burn campaign. (Reviewed: Administrative Committee, April 14, 2017; Less than a quorum was present; the Committee Members concurred that this item be approved by the Board)
  • 8. Amend Contracts to Provide Short- and Long-Term Systems Development, Maintenance and Support Services

    Michael O'Kelly 909-396-2828
    SCAQMD currently has contracts with several companies for short- and long-term systems development, maintenance and support services. These contracts are periodically amended as additional needs are defined. This action is to amend two contracts previously approved by the Board to add additional funding for needed development and maintenance work. (Reviewed: Administrative Committee, April 14, 2017; Less than a quorum was present; the Committee Members concurred that this item be approved by the Board)
  • 9. Approve Maximum Support Level Expenditures for Board Member Assistants and Board Member Consultants for FY 2017-18

    Michael O'Kelly 909-396-2828
    The Board Member Assistant and Board Member Consultant compensation is proposed to be amended to adjust the compensation level that the SCAQMD may make per Board Member, per fiscal year, based on the Board-approved assignment-of-points methodology. The points are calculated based on criteria such as the level of complexity, number of meetings and role (Chair/Vice-Chair).  (Reviewed: Administrative Committee, April 14, 2017; Less than a quorum was present; the Committee Members concurred that this item be approved by the Board)
  • 10. Appropriate Funds from Undesignated Fund Balance and Authorize Amending Contract with Consulting Expert

    Kurt Wiese 909-396-3460
    The Legal Office requires an expert to assist with matters before the Hearing Board regarding the Torrance refinery, developing refinery rules, testimony and presentations related to refineries and rules.  Bastleford Engineering and Consultancy Ltd currently has a $50,000 contract with SCAQMD. This action is to appropriate $110,000 from the Undesignated (Unassigned) Fund Balance to the Legal budget, Services and Supplies Major Object, Professional and Special Services, and to authorize the Chairman or the Executive Officer to amend the contract in an amount not to exceed $170,000.  The additional $10,000 will be funded with a budget transfer from the Planning, Rule Development and Area Sources Office. (Reviewed: Administrative Committee, April 14, 2017; Less than a quorum was present; the Committee Members concurred that this item be approved by the Board)
  • Items 11 through 17 - Information Only/Receive and File

    11. Legislative, Public Affairs and Media Report

    Derrick Alatorre 909-396-3122
    This report highlights the March 2017 outreach activities of Legislative, Public Affairs and Media, 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)
  • 12. Hearing Board Report

    Ed Camarena 909-396-2500
    This reports the actions taken by the Hearing Board during the period of March 1 through March 31, 2017. (No Committee Review)
  • 13. Civil Filings and Civil Penalties Report

    Kurt Wiese 909-396-3460
    This reports the monthly penalties from March 1 through March 31, 2017, and legal actions filed by the General Counsel's Office from March 1 through March 31, 2017.  An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, April 21, 2017)
  • 14. 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 March 1, 2017 and March 31, 2017, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA.  (No Committee Review)
  • 15. 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)
  • 16. Report of RFPs Scheduled for Release in May

    Michael O'Kelly 909-396-2828
    This report summarizes the RFPs for budgeted services over $75,000 scheduled to be released for advertisement for the month of May. (Reviewed: Administrative Committee, April 14, 2017; Less than a quorum was present; the Committee Members concurred that this item be approved by the Board)
  • 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, April 14, 2017; Less than a quorum was present; the Committee Members concurred that this item be approved by the Board)
  • 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 1014 (Cooper) Diesel backup           Support 
    generators: health facility                 

    SB 49 (De Leon) California               None
    Environmental, Public Health,
    And Workers Defense Act of 2017

    H.R. 1090 (Reed) Technologies for       Support 
    Energy Security Act of 2017 

    Proposed Legislation for Approval       Continued to May 12, 2017 Meeting
    (Fleet Rules)

    Proposed Legislative Action for         Approve
    Approval (Toxic Air Monitoring 
    Funding)
  • 21. Refinery 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. California Air Resources Board Monthly Report

    Denise Garzaro 909-396-2500
    (Receive & File)
    Board Rep: Mitchell
  • Staff Presentation/Board Discussion

    25. Status Report on Permit Backlog Reduction Effort

    Laki Tisopulos 909-396-3123
    (Presentation in lieu of Board Letter)

    Staff will provide an update on the permit application backlog reduction efforts to date. (No Committee Review)
  • 26. Report on Feasible Target Dates for Sunsetting RECLAIM Program

    Philip Fine 909-396-2239
    At the March 3, 2017 Board meeting, staff was directed to modify the 2016 AQMP NOx RECLAIM control measure CMB-05 to achieve the five (5) tons per day NOx emission reduction commitment as soon as feasible, but no later than 2025. In addition, staff was directed to transition the RECLAIM program to a command-and-control regulatory structure requiring Best Available Retrofit Control Technology level controls as soon as practicable, and have staff return in 60 days to report on feasible target dates for sunsetting the RECLAIM program. This item provides staff’s initial considerations and suggestions for feasible sunset dates for the RECLAIM program. (No Committee Review)
  • PUBLIC HEARING

    27. 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

    Susan Nakamura 909-396-3105

    PAR 219 will exempt certain categories of equipment from the requirement to obtain a written permit and remove existing exemptions for equipment that the SCAQMD 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.  PAR 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. This action is to adopt the resolution: 1) Determining the proposed amendments to Rule 219 - Equipment Not Requiring a Written Permit Pursuant to Regulation II, and Rule 222 - Filing Requirements for Specific Emission Sources Not Requiring a Written Permit Pursuant to Regulation II, are exempt from requirements of the California Environmental Quality Act; 2) Amending Rule 219 - Equipment Not Requiring a Written Permit Pursuant to Regulation II; and 3) Amending Rule 222 -  Filing Requirements for Specific Emission Sources Not Requiring a Written Permit Pursuant to Regulation II.  (Reviewed:  Stationary Source Committee, March 17 and April 21, 2017)

     

     

    CONFLICT OF INTEREST DISCLOSURES

    (No written material)

    Under the approval authority of the Executive Officer, the District will enter into contracts with University of California, Riverside CE-CERT (Contract No. C17314) and American Honda Motor Company (Contract No. C17343). The District will also enter into a contract modification with UCR Forecast LLC (Contract No. C172281). 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 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);
  • 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. 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).


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