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Governing Board Meeting Agenda: April 6, 2018

A meeting of the South Coast Air Quality Management District Board will be held at
9:00 a.m. on April 6, 2018, in the Auditorium at 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 Award to Phillip Hubbard III
    Burke

CONSENT CALENDAR (Items 1 through 15)

Note:  Consent Calendar items held for discussion will be moved to Item No. 16

Download the agenda only (PDF, no attachments)


Download the complete agenda here.


  • 2. Set Public Hearings May 4, 2018 to:

    Wayne Nastri

    (909) 396-3131
    A. Adopt Executive Officer’s FY 2018-19 Proposed Goals and Priority Objectives, and Draft Budget; and Determine that Proposed Amendments to Regulation III – Fees Are Exempt from CEQA and Amend Regulation III

    Wayne Nastri (909) 396-3131

    The Executive Officer's Proposed Goals and Priority Objectives, and Draft Budget for FY 2018-19 have been developed and are recommended for adoption. The Draft Budget includes implementation of the phased fee increase adopted by the Board on June 2, 2017 to continue cost recovery efforts. In addition, staff is proposing amendments to Regulation III – Fees. The amendments include: 1) Pursuant to Rule 320, an increase of most fees by 3.4% consistent with the Consumer Price Index; 2) new fees which are necessary to meet the requirements of recently adopted rules and state mandates; and 3) new or increased fees which are necessary to provide more specific cost recovery for other regulatory actions taken by the agency. Staff also recommends other proposed changes to Regulation III, which have no fee impact, but include clarifications, deletions, or corrections to existing rule language. The fee increases have been presented at a public consultation meeting in March and will be presented at a Budget Study Session, Budget Advisory Committee meeting and public consultation meeting in April with recommendations and comments provided to the Board. This action is to: 1) Adopt the Executive Officer’s Proposed Goals and Priority Objectives, and Draft Budget for FY 2018-19; 2) Determine that the proposed amendments to Regulation III - Fees are exempt from the California Environmental Quality Act; and 3) Amend Regulation III. (Review: Special Governing Board Meeting/Budget Study Session, April 13, 2018)

    B. Determine that Proposed Amendments to Rule 408 – Circumvention Are Exempt from CEQA and Amend Rule 408
    Susan Nakamura, 909-396-3105

    PAR 408 would limit the existing exemption for cases in which the only violation is an odor nuisance. The proposed amendment would also prohibit temporary alterations to normal business operations or equipment to suppress emissions for the purpose of evading detection or concealing emissions during monitoring or testing. This action is to adopt the Resolution: 1) Determining that the proposed amendments to Rule 408 – Circumvention are exempt from the requirements of the California Environmental Quality Act; and 2) Amending Rule 408 – Circumvention (Reviewed: Stationary Source Committee, March 16, 2018)
  • Budget/Fiscal Impact

    3. Recognize and Transfer Funds, Execute and Amend Agreements for Installation and Maintenance of Air Filtration Systems, and Reimburse General Fund for Administrative Costs

    Matt Miyasato

    909-396-3249
    CARB is executing Supplemental Environmental Project (SEP) agreements with Western Power Sports, Inc., C.J.J. Farming, JEGS Foundation and Tesoro Companies, Inc., to install and maintain air filtration systems in the South Coast region, with SCAQMD acting as the SEP Implementer. These actions are to recognize up to $551,875 into the Air Filtration Fund (75), transfer up to $462,625 as a temporary loan from Clean Fuels Fund (31) to the Air Filtration Fund (75) for the SEP revenue not yet received and execute agreements with the four entities. These actions are to also execute one or more contracts with IQAir North America for installation of air filtration systems in an amount cumulatively not to exceed $524,282, reimburse the General Fund for administrative costs up to $27,593 and amend contract(s) with IQAir to provide funding from unspent administrative fees for the purchase of replacement filters. Finally, this action is to authorize the Executive Officer to execute or amend agreements with local school districts, providing access to schools for the purpose of implementing SEP agreements. (Reviewed: Technology Committee, March 16, 2018; Recommended for Approval)

  • 4. Recognize Revenue to Replace School and Shuttle Buses and Execute Contract for Battery Electric Shuttle Bus Replacement Project and Reimburse General Fund for Administrative Costs

    Matt Miyasato

    909-396-3249
    In January 2018, U.S. EPA notified SCAQMD that two awards had been approved under a FY 2017 Targeted Air Shed Grant solicitation in the amount of $3,184,875 each to replace diesel school buses with near-zero emission CNG buses and to replace diesel and gasoline airport shuttle buses with zero emission battery electric buses. Additionally, Phoenix Motorcars, an electric vehicle manufacturer, is committed to providing significant cost-share and securing additional funds from CARB’s Hybrid and Zero Emission Truck and Bus Voucher Incentive Project to cofund the shuttle bus replacement project. This action is to recognize revenue up to $6,369,750 from U.S. EPA into the Clean Fuels Program Fund (31). These actions are to also execute a contract with Phoenix Motorcars for battery electric shuttle bus replacements in an amount not to exceed $3,122,426 and reimburse the General Fund for administrative costs up to $62,449 to implement the shuttle bus replacement project. School bus replacement awards under the school bus replacement project will be considered by the Board separately. (Reviewed: Technology Committee, March 16, 2018; Recommended for Approval)

  • 5. Execute Contracts to Conduct Commercial Electric Lawn and Garden Equipment Incentive and Exchange Program in Environmental Justice Areas and Reimburse General Fund for Administrative Costs

    Fred Minassian

    909-396-2641
    At its October 6, 2017 meeting, the Board recognized $2,477,250 from U.S. EPA’s 2016 Targeted Air Shed Grant Program and issued a Program Announcement to solicit competitive bids from manufacturers and/or suppliers of commercial-grade, battery-electric lawn and garden equipment. This action is to execute contracts with qualified manufacturers and suppliers of commercial grade, electric lawn and garden equipment for participation in SCAQMD’s electric lawn and garden incentive and exchange program in environmental justice areas in an amount not to exceed $2,955,327, comprised of $2,327,250 from the U.S. EPA Targeted Air Shed Grant in the Advanced Technology, Outreach and Education Fund (17) and $628,077 from the Rule 2202 AQIP Special Revenue Fund (27). This action is to also authorize the Executive Officer to amend amounts awarded to each contractor based on the demand for the equipment that will be offered through this program. Finally, this action is to reimburse the General Fund for administrative costs up to $150,000 for implementation of a commercial lawn and garden equipment program. (Reviewed: Technology Committee, March 16, 2018; Recommended for Approval)

  • 6. Appropriate Funds and Execute Contract for Strategic Consulting Services

    Derrick Alatorre

    909-396-3122
    Staff requires professional consulting services related to the implementation of the 2016 AQMP and related issues. This action is to appropriate funds from the General Fund Undesignated (Unassigned) Fund Balance and execute a contract with Double Nickel Advisors, LLC, for strategic advice to the SCAQMD regarding the SCAQMD’s communication and messaging to stakeholders, the Legislature and the Governor’s Administration in support of the 2016 AQMP, its required elements, and related issues. (Reviewed: Administrative Committee, February 9 and March 9, 2018; Recommended for Approval)

  • 7. Remove Various Fixed Assets from SCAQMD Inventory

    Sujata Jain

    909-396-2804
    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 determined to be obsolete, non-operational and not worth repairing. (Reviewed: Administrative Committee, March 9, 2018; Recommended for Approval)

  • 8. Approve Contract Awards and Amendments and Issue Solicitation Approved by MSRC


    Pettis
    As part of their FYs 2016-18 Work Program, the MSRC approved new contracts under the Natural Gas Infrastructure and Local Government Partnership Programs. The MSRC also approved the release of a Program Opportunity Notice for a Hydrogen Infrastructure Partnership Program as part of their FYs 2016-18 Work Program. The Board is also requested to amend two previous awards to the Riverside County Transportation Commission, to reflect the sole source nature of the awards. At this time the MSRC seeks Board approval of the contract awards and amendments and to release the solicitation. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, January 18 and March 15, 2018; Recommended for Approval)

  • Action Item/No Fiscal Impact

    9. Appoint Members to Deferred Compensation Plan Committee

    John Olvera

    909-396-2309
    SCAQMD sponsors an IRS-approved 457 deferred compensation program for its employees. The Deferred Compensation Plan Committee oversees the implementation of the program. Pursuant to the Committee Charter, the Board appoints new members to the Committee whenever vacancies occur. One member retired in February 2018 and another member recently resigned. This action is to appoint General Counsel Bayron Gilchrist and Assistant Deputy Executive Officer Sujata Jain as successors to these members. (Reviewed: Administrative Committee, March 9, 2018; Recommended for Approval)

  • Items 10 through 15 - Information Only/Receive and File

    10. Legislative, Public Affairs, and Media Report

    Derrick Alatorre

    909-396-3122
    This report highlights the February 2018 outreach activities of the Legislative, Public Affairs and Media Office, which include: Environmental Justice Update, Community Events/Public Meeting, Business Assistance, Media Relations, and Outreach to Business, Federal, State and Local Government. (No Committee Review)

  • 11. Hearing Board Report

    Julie Prussack

    909-396-2500
    This reports the actions taken by the Hearing Board during the period of February 1 through February 28, 2018. (No Committee Review)

  • 12. Civil Filings and Civil Penalties Report

    Bayron Gilchrist

    909-396-3459
    This reports the monthly penalties from February 1 through February 28, 2018, and legal actions filed by the General Counsel's Office from February 1 through February 28, 2018. An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, March 16, 2018)

  • 13. 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, 2018 and February 28, 2018, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (No Committee Review)

  • 14. Rule and Control Measure Forecast

    Philip Fine

    909-396-2239
    This report highlights SCAQMD rulemaking activities and public workshops potentially scheduled for 2018. (No Committee Review)

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

    Ron Moskowitz

    909-396-3329
    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 9, 2018)

  • BOARD CALENDAR

    Note: The March meeting of the Mobile Source Committee was canceled. The next regular meeting of the Mobile Source Committee is scheduled for April 20, 2018.

    17. Administrative Committee

    Wayne Nastri

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

  • 18. Legislative Committee

    Derrick Alatorre

    909-396-3122
    Chair: Mitchell
    Receive and file; and take the following actions as recommended:

    Agenda Item

    Recommendation

    Results of Public Survey Regarding Proposed Sales Tax Increase Proposal and Recommendation Regarding Potential Bill


    To Full Board for Consideration

    AB 2548 (Friedman) Commute benefit policies: Los Angeles County Metropolitan Transportation Authority: South Coast Air Quality Management District


    Oppose Unless Amended

    AB 2008 (Salas) Income taxes:
    exclusion: Carl Moyer Memorial Air Quality Standards Attainment Programs grants


    Support With Amendments

    SB 1144 (Dodd) Non-vehicular air pollution: penalties and fines


    Tabled

    AB 2506 (Burke) State vehicle fleet: near-zero-emission vehicles


    Support With Amendments

    Proposed Amendments to 2018 SCAQMD State and Federal Legislative Goals and Objectives


    Tabled

  • 19. Stationary Source Committee

    Laki Tisopulos

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

  • 20. Technology Committee

    Matt Miyasato

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

  • 21. Mobile Source Air Pollution Reduction Review Committee

    Fred Minassian

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

  • 22. California Air Resources Board Monthly Report

    Denise Garzaro

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

  • Staff Presentation/Board Discussion

    23. Potential Strategies for Facility-Based Mobile Source Measures Adopted in Final 2016 AQMP (Continued from March 2, 2018 Board Meeting for Board Deliberation and Action Only)

    Sarah Rees

    (909) 396-2856
    Following the commitment made in the 2016 AQMP, staff has conducted significant public outreach over the past year to identify potential voluntary and, if needed, regulatory emission reduction strategies for sources covered by Facility-Based Mobile Source Measures. After reviewing the feedback received during this process, staff has developed a recommended approach tailored to each of the five facility sectors including airports, marine ports, new and redevelopment projects, rail yards, and warehouses. This recommendation includes a spectrum of potential voluntary and regulatory approaches that show the most promise for achieving emission reductions. Any potential rule or agreements included in this approach would be subject to a full public process, including further public outreach, environmental and economic analysis, and subsequent Board consideration. This action is to seek Board direction for next steps in the development of Facility-Based Mobile Source Measures. (Reviewed: Mobile Source Committee, February 16, 2018)

  • PUBLIC HEARING

    24. Determine that Proposed Amendments to Rule 1178 – Further Reductions of VOC Emissions from Storage Tanks at Petroleum Facilities and Rule 219 - Equipment Not Requiring a Written Permit Pursuant to Regulation II Are Exempt from CEQA; and Amend Rules 1178 and 219

    Susan Nakamura

    909-396-3105
    PAR 1178 will incorporate provisions that allow the use of a flexible enclosure for slotted guidepoles for petroleum storage tanks under certain conditions. Additionally, PAR 219 will exempt from permitting slotted guidepoles that meet specific emission control configurations that are specified in PAR 1178. This action is to adopt the Resolution: 1) Determining that the proposed amendments to Rule 1178 – Further Reductions of VOC Emissions from Storage Tanks at Petroleum Facilities and Rule 219 - Equipment Not Requiring a Written Permit Pursuant to Regulation II are exempt from the requirements of the California Environmental Quality Act; and 2) Amending Rule 1178 - Further Reductions of VOC Emissions from Storage Tanks at Petroleum Facilities and Rule 219 - Equipment Not Requiring a Written Permit Pursuant to Regulation II. (Reviewed: Stationary Source Committee, February 16, 2018)

  • OTHER BUSINESS

    25. Approve Amendment to Executive Management Agreement with General Counsel

    John Olvera

    909-396-2309
    This action is to present an amendment of the executive management agreement with the General Counsel. Upon review of comparable terms for the Executive Officer, it is recommended that the provision relating to the application of the compensatory time policy for managers be removed, and that the General Counsel’s salary be increased by an equivalent amount. (Reviewed: Administrative Committee, March 9, 2018; Recommended for Approval)

  • 26. Approve Three-Year Labor Agreement with SCAQMD Professional Employees Association

    John Olvera

    909-396-2309
    SCAQMD management and SCAQMD Professional Employees Association, representing the Professional Unit employees, have completed the bargaining process, and have reached a tentative agreement on a new three-year MOU. This action is to present the proposed agreement to the Board for consideration and approval. (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 with Gladstein, Neandross & Associates LLC (Contract No. C18226), Envirosuite (Contract No. C18225), University of California - Riverside (C18245 & C18249) and the City of Long Beach (Contract No. C18244). Gladstein, Neandross & Associates LLC, Envirosuite, University of California - Riverside, and the City of Long Beach 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.

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

Bayron Gilchrist 909-396-3459 (No Written Material)

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
It is necessary for the Board to recess to closed session pursuant to Government Code sections 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:

  • In the Matter of SCAQMD v. Aerocraft Heat Treating Co., Inc. and Anaplex Corp., SCAQMD Hearing Board Case No. 6066-1 (Order for Abatement);
  • SCAQMD v. Anaplex, Los Angeles Superior Court Case No. BC608322 (Paramount Hexavalent Chromium);
  • In the Matter of SCAQMD v. Browning-Ferris Industries of California, Inc. dba Sunshine Canyon Landfill, SCAQMD Hearing Board Case No. 3448-14;
    Communities for a Better Environment v. SCAQMD, Los Angeles Superior Court Case No. BS161399 (RECLAIM);
  • Communities for a Better Environment v. South Coast Air Quality Management District, Los Angeles Superior Court Case No. BS169841; Safe Fuel and Energy Resources California, et al. v. South Coast Air Quality Management District, Los Angeles Superior Court Case No. BS169923 (Tesoro);
  • People of the State of California, ex rel. SCAQMD v. Exide Technologies, Inc., Los Angeles Superior Court Case No. BC533528;
  • In re: Exide Technologies, Inc., U.S. Bankruptcy Court, District of Delaware, Case No. 13-11482 (KJC) (Bankruptcy Case);
  • Fast Lane Transportation, Inc., et al. v. City of Los Angeles, et al., Court of Appeals, First Appellate District, Case No. A148993 (formerly Contra Costa County Superior Court Case No. MSN14-0300) (SCIG);
  • Ferguson v. Coachella Valley Association of Governments, Riverside County Transportation Commission and South Coast Air Quality Management District, Riverside Superior Court Case No. PSC 1705629 (CV Link);
  • Rainbow Transfer/Recycling, Inc. v South Coast Air Quality Management District, et al., Los Angeles Superior Case No. BS171620; In the Matter of SCAQMD v. Rainbow Transfer/Recycling, Inc., SCAQMD Hearing Board Case No. 4394-2;
  • SCAQMD v. EPA, U.S. Court of Appeals, D.C. Circuit, Case No. 15-1115 (consolidated with 15-1123, Sierra Club, et al. v. EPA) (Out-of-Area RFP Ozone);
  • South Coast Air Quality Management District v. Top Shelf Consulting LLC, Los Angeles Superior Court, Case No. BC676606; In re: Top Shelf Consulting, LLC, U.S. Bankruptcy Court, Central District of California (Los Angeles), Case No. 2:18-bk-11975-ER (Bankruptcy case); and
  • In the Matter of SCAQMD v. Torrance Refining Company, LLC, SCAQMD Hearing Board Case No. 6060-5 (Order for Abatement).

CONFERENCE WITH LEGAL COUNSEL – INITIATING LITIGATION
It is also necessary for the Board to recess to closed session pursuant to Government Code section 54956.9(a) and 54956.9(d)(4) to consider initiation of litigation (two cases).

CONFERENCE WITH NEGOTIATORS
It is also necessary to recess to closed session pursuant to Government Code Section 54957.6 to confer regarding upcoming labor negotiations with:

  • designated representatives regarding represented employee salaries and benefits or other mandatory subjects within the scope of representation [Negotiator: A. John Olvera; Represented Employees: SCAQMD Professional Employees Association];

and to confer with:

  • labor negotiators regarding unrepresented employees [Agency Designated Representative: A. John Olvera; Unrepresented Employees: General Counsel].


ADJOURNMENT

Members of the public are afforded an opportunity to speak on any agenda item before 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 will be limited to a total of three (3) minutes for the Consent Calendar and Board Calendar and three (3) minutes or less for other agenda items.

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 the Public Comment Period 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 cob@aqmd.gov of 10 pages or less including attachment, in MS WORD, PDF, 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
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 forHazardous 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

South Coast Air Quality Management District

21865 Copley Dr, Diamond Bar, CA 91765

909-396-2000

© 2018 South Coast Air Quality Management District