Governing Board Meeting Agenda: February 2, 2018

A meeting of the South Coast Air Quality Management District Board will be held at 9:00 a.m., 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
  • Swearing in of Reappointed Board Members Marion Ashley and Shawn Nelson

CONSENT CALENDAR (Items 1 through 19)

Note:  Consent Calendar items held for discussion will be moved to Item No. 20

Download the agenda only (PDF, no attachments)

Download the complete agenda here.

  • 2. Set Public Hearings March 2, 2018 to Consider Adoption of and/or Amendments to SCAQMD Rules and Regulations

    Susan Nakamura

    Certify Final Environmental Assessment and Amend
    Rule 1111 – Reduction of NOx Emissions from Natural-Gas-Fired, Fan-Type Central Furnaces

    Rule 1111 was amended in 2009 to lower the NOx emission limit for natural-gas-fired fan-type residential furnaces from 40 to 14 nanograms per Joule (ng/J), and amended again in 2014 to provide manufacturers additional time to develop and commercialize compliant units by allowing a mitigation fee option. Although three manufacturers have certified furnaces, only one has a commercialized product available for sale. Additional time is needed to commercialize a range of compliant units for the various categories. Proposed Amended Rule 1111 will increase and extend the mitigation fee alternative compliance option. Proposed Amended Rule 1111 will also prevent the installation of propane furnaces in the SCAQMD capable of being fired on natural gas without proper certification. A companion to the proposed rule amendments will be a rebate program to encourage manufacturers to commercialize and to incentivize consumers to purchase compliant furnaces. An RFP for a contractor to assist staff with implementing this rebate program was approved for release at the December 1, 2017 Board meeting. This action is to adopt the Resolution: 1) Certifying the Final Environmental Assessment for Proposed Amended Rule 1111 – Reduction of NOx Emissions from Natural-Gas-Fired, Fan-Type Central Furnaces; and
    2) Amending Rule 1111 – Reduction of NOx Emissions from Natural-Gas-Fired, Fan-Type Central Furnaces. (Reviewed: Stationary Source Committee, November 17, 2017 and January 19, 2018)

  • Budget/Fiscal Impact

    3. Demonstrate Zero Emission Cargo Handling Vehicles at Port of Long Beach

    Matt Miyasato

    The Port of Long Beach and its project partners have received $5.3 million in funding from CARB through its Low Carbon Transportation Investments and Air Quality Improvement Program grant solicitation to demonstrate five zero emission cargo handling vehicles at the Port of Long Beach. This demonstration includes three battery electric top handlers, one battery electric yard truck and one hydrogen fuel cell yard truck. The project will provide a unique opportunity to directly compare the performance of battery electric trucks to hydrogen fuel cell trucks. Project partners include CARB, Port of Long Beach, Long Beach Container Terminal and SSA Marine Terminal for a total project cost of $8.3 million. This action is to execute a contract with the Port of Long Beach in an amount not to exceed $350,000 from the Clean Fuels Fund (31). (Reviewed: Technology Committee, January 19, 2018; Recommended for Approval)

  • 4. Renew California Fuel Cell Partnership Membership and Participation, Receive and File California Fuel Cell Partnership Board Meeting Agenda and Quarterly Updates, and Participate in California Hydrogen Infrastructure Research Consortium

    Matt Miyasato

    Since early 2000, SCAQMD has been a California Fuel Cell Partnership (CaFCP) member and for even longer has been building partnerships with various California agencies and national laboratories. These partners propose forming a consortium focused on near-term hydrogen infrastructure, and recently submitted a joint proposal led by GO-Biz to advance hydrogen infrastructure relevant to the DOE H2@Scale Initiative, a concept to explore wide-scale hydrogen production and utilization in the U.S. These actions are to execute one or more contracts with Frontier Energy, Inc., acting on behalf of the CaFCP, in an amount not to exceed $245,000 from the Clean Fuels Program Fund (31) to renew SCAQMD’s CaFCP membership for 2018, cofund 50 percent of the CaFCP Regional Coordinator position, and provide support for fuel cell truck and bus codes and standards coordination as well as to receive and file the last CaFCP Board Meeting Agenda and recent Quarterly Updates. This action is to also execute an agreement with the National Renewable Energy Laboratory for $100,000 from the Clean Fuels Program Fund (31) to participate in the California Hydrogen Infrastructure Research Consortium. (Reviewed: Technology Committee, January 19, 2018; Recommended for Approval)

  • 5. Recognize Revenue to Develop Test Standard for Performance Verification of Low-Cost Indoor Air Quality Sensors

    Jason Low

    DOE’s Office of Energy Efficiency and Renewable Energy awarded its competitive research grant, “Building America Industry Partnerships for High Performance Housing Innovation,” to Newport Partners, LLC, to develop an American Society for Testing and Materials test standard for performance verification of low-cost indoor air quality sensors. SCAQMD and researchers from Home Ventilating Institute and Texas A&M Riverside Energy Efficiency Laboratory will collaborate with Newport Partners, LLC, on the development of this test standard. This action is to recognize revenue up to $56,106 from Newport Partners, LLC, to support collaboration of this project. (Reviewed: Technology Committee, January 19, 2018; Recommended for Approval)

  • 6. Recognize Revenue and Appropriate and Transfer Funds for U.S. EPA PAMS Program and Issue RFQ and Purchase Orders for Equipment

    Jason Low

    SCAQMD was awarded $200,000 in U.S. EPA Clean Air Act Section 105 Grant funds in FY 2018 to be an early adopter of the new PAMS program requirements in advance of the 2019 deadline.  Staff recommends that a portion of remaining FY 2017 PAMS funds be reallocated to purchase air monitoring equipment.  These actions are to recognize revenue and appropriate funds into the FYs 2017-18 and/or 2018-19 Science & Technology Advancement Budgets for the partial implementation of the FY 2018 (26th Year) PAMS Program, transfer funds between Major Objects, and issue an RFQ and purchase orders for equipment to conduct air monitoring, VOC analyses and meteorological measurements. (Reviewed:  Administrative Committee, January 12, 2018; Recommended for Approval)

  • 7. Issue Request for Qualifications for Technical Assistance to Support Technology Advancement Activities

    Fred Minassian

    This action is to issue a Request for Qualifications (RFQ) to solicit statements of qualifications from individuals and organizations capable of providing technical expertise in a variety of specialized areas to support SCAQMD’s technology advancement activities and implementation efforts. It is anticipated that multiple awards for level-of-effort contracts will be made from this RFQ. (Reviewed: Technology Committee, January 19, 2018; Recommended for Approval)

  • 8. Authorize Funding, Recognize Anticipated Revenue and Conduct Air Quality Conferences for Seniors

    Derrick Alatorre

    SCAQMD seeks to continually foster awareness and an increased understanding of air quality and related health issues across all age groups. Seniors represent a unique target audience and SCAQMD strives to empower seniors to become active participants in improving air quality as well as provide information on what they can do in their home, neighborhood and community. This action is to authorize funding for conference expenditures up to $225,000 from the BP ARCO Settlement Projects Fund (46), recognize anticipated revenue, and conduct two air quality conferences for seniors. (Reviewed: Administrative Committee, January 12, 2018; Recommended for Approval)

  • 9. Establish List of Prequalified Vendors to Provide Computer, Network, Printer, Hardware and Software, and Audio Visual Equipment

    Ron Moskowitz

    On November 3, 2017, the Board approved the release of a Request for Qualifications and Quotations (RFQQ) to prequalify vendors for computer, network, printer, hardware and software, and audio visual equipment. As a result of successful responses to this RFQQ, twelve vendors were identified as capable of providing these products. This action is to approve these twelve vendors to provide these products for a two-year period. Funds ($195,000) for these purchases are included in the FY 2017-18 Budget. (Reviewed: Administrative Committee, January 12, 2018; Recommended for Approval)

  • 10. Execute Contract for Data Cabling Infrastructure Upgrade

    Ron Moskowitz

    On November 3, 2017, the Board approved the release of an RFP to select a vendor capable of replacing SCAQMD’s outdated fiber infrastructure system at the Diamond Bar Headquarters. Six vendors responded to the RFP. Among the responses, Digital Networks Group, Inc. is the recommended vendor for providing the new fiber infrastructure system based on achieving the most points on the RFP evaluation criteria. This action is to execute a contract with Digital Networks Group, Inc. to upgrade the data cabling infrastructure. Funds ($311,202) for this purchase are included in the FY 2017-18 Budget. (Reviewed: Administrative Committee, January 12, 2018; Recommended for Approval)

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

    Ron Moskowitz

    The servers and storage devices are used by enterprise-level software applications that currently support the Clean Air Support System for all SCAQMD core activities. Maintenance support for these computers expire on April 30, 2018. This action is to obtain approval for the sole source purchase of hardware and software maintenance and support services for servers and storage devices from Hewlett Packard Company for one year. Funds ($120,000) for this expense are included in the FY 2017-18 Budget. (Reviewed: Administrative Committee, January 12, 2018; Recommended for Approval)

  • 12. Approve Contract Awards and Modification as Approved by MSRC

    As part of their FYs 2016-18 AB 2766 Discretionary Fund Work Program, the MSRC approved new contracts under the Major Event Center Transportation, Natural Gas Infrastructure, Local Government Partnership, and County Transportation Commission Partnership Programs. The MSRC also approved a modification to a contract under the Local Government Match Program as part of their FYs 2014-16 Work Program. At this time the MSRC seeks Board approval of the contract awards and modification. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, January 18, 2018; Recommended for Approval)

  • 13. Approve Funding For Air Filtration Systems at East Los Angeles Schools

    Kurt Wiese

    This item is to consider approval of funding for air filtration systems at Plaza Community Services Center, Resurrection Church Elementary School, and Salesian High School in the total amount of $250,000.  The funding is provided pursuant to a settlement agreement with Brenntag Pacific, Inc.  The settlement agreement provided that $250,000 in settlement funds would be used for supplemental environmental projects.  The schools are located in East Lost Angeles, near the location where Brenntag Pacific’s air pollution violations occurred.  This item also transfers the $250,000 in funding for the supplemental environmental project from the General Fund to Fund 75, the Air Filtration Fund, and authorizes the Executive Officer to enter into a contract in a total amount up to $250,000 with IQ Air to install filters at the schools. (Reviewed:  Special Administrative Committee, January 29, 2018; Recommended for Approval)

  • Items 14 through 19 - Information Only/Receive and File

    14. Legislative, Public Affairs and Media Report

    Derrick Alatorre

    This report highlights the December 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)

  • 15. Hearing Board Report

    Julie Prussack

    This reports the actions taken by the Hearing Board during the period of December 1 through December 31, 2017.  (No Committee Review)

  • 16. Civil Filings and Civil Penalties Report

    Kurt Wiese

    This reports the monthly penalties from December 1 through
    December 31, 2017, and legal actions filed by the General Counsel's Office from December 1 through December 31, 2017.  An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee,
    January 19, 2018)

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

    Susan Nakamura

    This report provides, for the Board's consideration, a listing of CEQA documents received by the SCAQMD between December 1, 2017 and December 31, 2017, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA.  (Reviewed: Mobile Source Committee, January 19, 2017)

  • 18. Rule and Control Measure Forecast

    Philip Fine

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

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

    Ron Moskowitz

    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, January 12, 2017)


    21A. Administrative Committee

    Wayne Nastri

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

  • 21B. Special Administrative Committee

    Wayne Nastri

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

  • 22. Legislative Committee

    Derrick Alatorre

    Chair: Mitchell
    Receive and file; and take the following action as recommended:

    Agenda Item                                                 Recommendation

    Proposed Legislative Concept                       Approve
    for Approval

  • 23. Mobile Source Committee

    Philip Fine

    Chair: Parker
    (Receive & File)   

  • 25. Technology Committee

    Matt Miyasato

    Chair: Buscaino
    (Receive & File)

  • 26. Mobile Source Air Pollution Reduction Review Committee

    Fred Minassian

    Board Liason: Benoit
    (Receive & File)   

  • 27. Stationary Source Committee

    Laki Tisopulos

    Chair: Benoit
    (Receive & File)

  • Staff Presentation/Board Discussion

    28. Update on Community Air Toxics Monitoring Efforts (Presentation in Lieu of Board Letter)

    Jason Low

    The SCAQMD is conducting several community monitoring efforts as part of an overall aim to reduce air toxics impacts on local communities.  These efforts stem from rule-related requirements, state mandated programs, SCAQMD sponsored initiatives, and grant funded projects through the U.S. EPA STAR and Citizen Science grants.  These efforts include monitoring near refineries and other petroleum sources, facilities emitting toxic metals, and communities near major truck routes or other air pollution sources.  This presentation describes the overall framework and timeline for these community monitoring activities, how these efforts are complementary and how the lessons learned from each effort will inform future projects.  In addition, the SCAQMD is coordinating with other agencies' community and fenceline monitoring efforts to ensure that efforts are not duplicated and that the monitoring and outreach resources are positioned to achieve the greatest community benefit. (No Committee Review)

  • 29. Status Report on Regulation XIII – New Source Review

    Laki Tisopulos

    This report presents the federal preliminary determination of equivalency for January 2016 through December 2016. As such, it provides information regarding the status of Regulation XIII – New Source Review in meeting federal NSR requirements and shows that SCAQMD’s NSR program is in preliminary compliance with applicable federal requirements from January 2016 through December 2016.  (Reviewed: Stationary Source Committee, January 19, 2018)

  • Public Hearing

    30. Determine that Proposed Amendments to BACT Guidelines are Exempt from CEQA and Amend BACT Guidelines

    Matt Miyasato

    Periodically, staff proposes amendments to the BACT Guidelines to add new determinations or reflect updates.  These actions are to add new and amended listings to Part B, Lowest Achievable Emission Rate and BACT Determinations for Major Polluting Facilities and Part D, BACT Determinations for Non-Major Polluting Facilities.  Additionally, these actions are to determine the proposed amendments to the BACT Guidelines are exempt from CEQA and amend the BACT Guidelines to make them consistent with recent changes to SCAQMD rules and regulations as well as state requirements. (Reviewed: Stationary Source Committee, January 19, 2018)

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)


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);
  • Arizona v. Bahr, United States Supreme Court Case No. 16-1369 (Contingency Measures);
  • 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);
  • 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);
  • 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);
  • South Coast Air Quality Management District v. Top Shelf Consulting LLC, Los Angeles Superior Court, Case No. BC676606;
  • In the Matter of SCAQMD v. Torrance Refining Company, LLC, SCAQMD Hearing Board Case No. 6060-5 (Order for Abatement);
  • Gluck vs. South Coast Air Quality Management District, WCAB Case No. ADJ 9937438; and
  • Zbigniew (Phil) Szymanski v. SCAQMD, WCAB No: ADJ9752399.


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)—one case is a potential amicus brief in Valero Refining Co. v. Hearing Board of the BAAQMD, San Francisco Superior Court Case No. CPF-15-514407/Valero Refining Company – California v. Hearing Board of the Bay Area Air Quality Management District, et al., California Court of Appeals Case No. A151004.


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: Teamsters Local 911 and SCAQMD Professional Employees Association];

and to confer with:

  • labor negotiators regarding unrepresented employees [Agency Designated Representative: A. John Olvera; Unrepresented Employees: Designated Deputies and Management and Confidential employees].


It is also necessary for the Board to recess to closed session pursuant to Government Code section 54957 as specified below:
Title:  General Counsel


It is also necessary to recess to closed session pursuant to Government Code section 54957.6: Agency Designated Representatives:  Kurt R. Wiese and A. John Olvera
Unrepresented Employee:  General Counsel


31. Approval of Contract and Public Employee Compensation

Chairman Burke (No Written Material)

Title: General Counsel



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 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.

 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 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

South Coast Air Quality Management District

21865 Copley Dr, Diamond Bar, CA 91765


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