Pursuant to Assembly Bill 361, a meeting of the South Coast Air Quality Management District Board will be held at 9:00 a.m. on Friday, February 3, 2023 through a hybrid format of in-person attendance in the Dr. William A. Burke Auditorium at the South Coast AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California, and/or virtual attendance via videoconferencing and by telephone. Please follow the instructions below to join the meeting remotely.
Given health and safety concerns, seating availability may be limited, and the meeting format may be changed to full remote via webcast. Please refer to South Coast AQMD’s website for information regarding the format of the meeting, updates if the meeting is changed to a full remote via webcast format, and details on how to participate:
http://www.aqmd.gov/home/news-events/meeting-agendas-minutes
| Face coverings: In accordance with state and local public health department guidelines, wearing a mask is based on personal preference for people attending the meeting at South Coast AQMD Headquarters. |
ELECTRONIC PARTICIPATION INFORMATION
(Instructions provided at bottom of the agenda)
Join Zoom Meeting - from PC, Laptop or Phone
https://scaqmd.zoom.us/j/93128605044
Meeting ID: 931 2860 5044 (applies to all)
Teleconference Dial In +1 669 900 6833 or +1 253 215 8782
One tap mobile +16699006833,,93128605044# or +12532158782,,93128605044#
Spanish Language Only Audience (telephone)
Número Telefónico para la Audiencia que Habla Español
Teleconference Dial In/Numero para llamar: +1 669 900 6833
Meeting ID/Identificación de la reunión: 932 0955 9643
One tap mobile: +16699006833,,93209559643#
Audience will be allowed to provide public comment in person or through Zoom connection or telephone.
PUBLIC COMMENT WILL STILL BE TAKEN
Phone controls for participants:
The following commands can be used on your phone’s dial pad while in Zoom Webinar meeting:
• *6 - Toggle mute/unmute
• *9 - Raise hand
Questions About an Agenda Item
- The name and telephone number of the appropriate staff person to call for additional information or to resolve concerns is listed for each agenda item.
- In preparation for the meeting, you are encouraged to obtain whatever clarifying information may be needed to allow the Board to move expeditiously in its deliberations.
Meeting Procedures
- The public meeting of the South Coast AQMD Governing Board begins at 9:00 a.m. The Governing Board generally will consider items in the order listed on the agenda. However, any item may be considered in any order.
- After taking action on any agenda item not requiring a public hearing, the Board may reconsider or amend the item at any time during the meeting.
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 South Coast AQMD’s Clerk of the Boards Office, 21865 Copley Drive, Diamond Bar, CA 91765 or web page at www.aqmd.gov
Americans with Disabilities Act and Language Accessibility
Disability and language-related accommodations can be requested to allow participation in the Governing Board meeting. The agenda will be made available, upon request, in appropriate alternative formats to assist persons with a disability (Gov. Code Section 54954.2(a)). In addition, other documents may be requested in alternative formats and languages. Any disability or language-related accommodation must be requested as soon as practicable. Requests will be accommodated unless providing the accommodation would result in a fundamental alteration or undue burden to the South Coast AQMD. Please contact the Clerk of the Boards Office at (909) 396-2500 from 7:00 a.m. to 5:30 p.m., Tuesday through Friday, or send the request to cob@aqmd.gov
A webcast of the meeting is available for viewing at:
http://www.aqmd.gov/home/news-events/webcast
- Pledge of Allegiance
- Roll Call
- Opening Comments:
Ben J. Benoit, Chair
Other Board Members
Wayne Nastri, Executive Officer
- Presentation to Outgoing Chair Ben J. Benoit
Delgado
- Presentation to Outgoing Board Member Janice Rutherford
Benoit
- Swearing in of Reappointed Board Member Andrew Do
Benoit
- Swearing in of Reappointed Board Member Gideon Kracov
Benoit
- Swearing in of Newly Appointed Board Member Holly J. Mitchell
Benoit
CONSENT AND BOARD CALENDAR (Items 1 through 19)
Note: Consent and Board Calendar items held for discussion will be moved to Item No. 20.
Download the agenda only (PDF, no attachments)
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. Southern California Gas Company, Aliso Canyon Storage Facility, SCAQMD Hearing Board Case No. 137-76 (Order for Abatement); People of the State of California, ex rel SCAQMD v. Southern California Gas Company, Los Angeles Superior Court Case No. BC608322; Judicial Council Coordinated Proceeding No.4861;
- CalPortland Company v. South Coast Air Quality Management District; Governing Board of the South Coast Air Quality Management District; and Wayne Nastri, Executive Officer, and Does 1-100, San Bernardino County Superior Court, Case No. CIV DS 1925894;
- SCAQMD, et al. v. EPA, United States Court of Appeals, D.C. Circuit, Case No. 19-1241 (consolidated with Union of Concerned Scientists v. NHTSA, No. 19-1230);
- SCAQMD, et al. v. NHTSA, EPA, et al., United States Court of Appeals, D.C. Circuit, Filed May 28, 2020;
- Natural Resources Defense Council, et al. v. City of Los Angeles, et al., San Diego Superior Court, Case No. 37-2021-00023385-CU-TT-CTL (China Shipping Case) (transferred from Los Angeles Superior Court, Case No. 20STCP02985); Fourth District Court of Appeal, Division One, No. D080902;
- California Trucking Association v. South Coast Air Quality Management; the Governing Board of the South Coast Air Quality Management District; and Does 1 through 25, inclusive, Case No.: 2:21-cv-06341;
- In the Matter of SCAQMD v. Baker Commodities, SCAQMD Hearing Board Case No. 6223-1 (Order for Abatement); Baker Commodities, Inc. v. South Coast Air Quality Management District Hearing Board; South Coast Air Quality Management District; South Coast Air Quality Management District Hearing Board Members: Cynthia Verdugo-Peralta, Robert Pearman, Micah Ali, and Allan Bernstein, DPM MBA, in their official capacities only: and 100 Does and Roes, Los Angeles County Superior Court, Case No. 22STCP03597;
- East Yard Communities for Environmental Justice v. South Coast Air Quality Management District, (Refinery monitoring lawsuit) Los Angeles County Superior Court, Case No. 22STCP04398
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 (three cases).
- Center for Biological Diversity and Center for Environmental Health v. Michael S. Regan, in his official capacity as Administrator, United States Environmental Protection Agency, 4:23-cv-00148 (Northern District of California) (PM 2.5)
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Also, it is necessary for the Board to recess to closed session pursuant to Government Code section 54956.9(d)(2) to confer with its counsel because there is a significant exposure to litigation against the SCAQMD (two cases).
ADJOURNMENT
***PUBLIC COMMENTS***
Members of the public are afforded an opportunity to speak on any agenda item before consideration of that item. Persons wishing to speak may do so in person or remotely via Zoom or telephone. To provide public comments via a Desktop/Laptop or Smartphone, click on the “Raise Hand” at the bottom of the screen, or if participating via Dial-in/Telephone Press *9. This will signal to the host that you would like to provide a public comment and you will be added to the list.
All agendas are posted at South Coast AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California, and website, http://www.aqmd.gov/home/news-events/meeting-agendas-minutes, at least 72 hours in advance of the meeting. At the beginning of the agenda, an opportunity is also provided for the public to speak on any subject within the South Coast AQMD's authority. Speakers may be limited to a total of three (3) minutes for the entirety of the Consent Calendar plus Board Calendar, and three (3) minutes or less for each of the 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. Individuals who wish to submit written or electronic comments must submit such comments to the Clerk of the Board, South Coast AQMD, 21865 Copley Drive, Diamond Bar, CA 91765-4178, (909) 396-2500, or to cob@aqmd.gov, on or before 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
BARCT = Best Available Retrofit 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
DOE = Department of Energy
EV = Electric Vehicle
EV/BEV = Electric Vehicle/Battery 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
PEV = Plug-In Electric Vehicle
PHEV = Plug-In Hybrid Electric Vehicle
PM10 = Particulate Matter £ 10 microns
PM2.5 = Particulate Matter < 2.5 microns
RECLAIM=Regional Clean Air Incentives Market
RFP = Request for Proposals
RFQ = Request for Quotations
RFQQ=Request for Qualifications and 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
INSTRUCTIONS FOR ELECTRONIC PARTICIPATION
Instructions for Participating in a Virtual Meeting as an Attendee
As an attendee, you will have the opportunity to virtually raise your hand and provide public comment.
Before joining the call, please silence your other communication devices such as your cell or desk phone. This will prevent any feedback or interruptions during the meeting.
For language interpretation:
Click the interpretation Globe icon at the bottom of the screen
Select the language you want to hear (either English or Spanish)
Click “Mute Original Audio” if you hear both languages at the same time.
Para interpretación de idiomas:
Haga clic en el icono de interpretación el globo terráqueo en la parte inferior de la pantalla
Seleccione el idioma que desea escuchar (inglés o español)
Haga clic en "Silenciar audio original" si escucha ambos idiomas al mismo tiempo
Please note: During the meeting, all participants will be placed on Mute by the host. You will not be able to mute or unmute your lines manually.
After each agenda item, the Chairman will announce public comment.
Speakers may be limited to a total of 3 minutes for the entirety of the consent calendar plus board calendar, and three minutes or less for each of the other agenda items.
A countdown timer will be displayed on the screen for each public comment.
If interpretation is needed, more time will be allotted.
Directions to provide public comment on ZOOM from a DESKTOP/LAPTOP or SMARTPHONE:
- Click on the “Raise Hand” feature on the bottom of the screen.
- This will signal to the host that you would like to provide a public comment and you will be added to the list.
Directions to provide public comment via TELEPHONE:
- Dial *9 on your keypad to signal that you would like to comment.
Directions for Spanish Language TELEPHONE line only:
- The call in number is the same (+1 669 900 6833)
- The meeting ID number is 932-0955-9643
- If you would like to make public comment, please dial *9 on your keypad to signal that you would like to comment.
Instrucciones para la línea de TELÉFONO en español únicamente:
- El número de llamada es el mismo (+1 669900 6833 o +1 93209559643)
- El número de identificación de la reunión es 932-0955-9643
- Si desea hacer un comentario público, marque *9 en su teclado para indicar que desea comentar.