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Governing Board Meeting Agenda: February 4, 2022

A meeting of the South Coast Air Quality Management District Board will be held at 9:00 AM.

Pursuant to Assembly Bill 361, a meeting of the South Coast Air Quality Management District Board will only be conducted via videoconferencing and telephone. Please follow the instructions below to join the meeting remotely.

Please refer to South Coast AQMD’s website for information regarding the format of the meeting and details on how to participate:

http://www.aqmd.gov/home/news-events/meeting-agendas-minutes


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#


Audience will be allowed to provide public comment 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 at South Coast AQMD’s web page (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

Call To Order

  • Pledge of Allegiance
  • Roll Call
  • Swearing in of Reappointed Board Members V. Manuel Perez and Rex Richardson
    Benoit
  • Recognition of Service to Outgoing Board Members -- Lisa A. Bartlett and Joe Buscaino
  • Recognition of Service to Chief Operating Officer Jill Whynot
  • Opening Comments:
    Ben J. Benoit, Chair
    Other Board Members
    Wayne Nastri, Executive Officer


PUBLIC COMMENT PERIOD
 

(Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3) 
The public may comment on any subject within the South Coast AQMD’s authority that does not appear on the agenda, during the Public Comment Period. Each speaker addressing non-agenda items may be limited to a total of (3) minutes.

CONSENT AND BOARD CALENDAR (Items 1 through 23)

Note:  Consent and Board Calendar items held for discussion will be moved to Item No. 24.


Download the agenda only (PDF, no attachments)

 


Download the complete agenda here.


  • Items 1 through 3 - Action Items /No Fiscal Impact


    1. Comply with AB 361 Requirements to Allow South Coast AQMD Board and South Coast AQMD Brown Act Committees to Continue to Meet Remotely

    Bayron Gilchrist

    (909) 396-3535
    This action is to adopt the attached Resolution finding that the Board: 1) has reconsidered the circumstances of the state of emergency; and 2) State or local officials continue to impose or recommend measures to promote social distancing. See California Government Code Section 54953(e)(3). (No Committee Review)

  • 3. Set Public Hearing March 4, 2022 to Consider Adoption of and/or Amendments to South Coast AQMD Rules and Regulations:

    Wayne Nastri

    (909) 396-3131
    Krause (909) 396-2706

    Determine That Proposed Amendments to Rule 1115 – Motor Vehicle Assembly Line Coating Operations, Are Exempt from CEQA; and Amend Rule 1115

    Rule 1115 - Motor Vehicle Assembly Line Coating Operations regulates VOC emissions from coatings and solvents used in operations conducted on motor vehicle assembly lines. Proposed Amended Rule 1115 reduces VOC emission limits consistent with Reasonably Achievable Control Technology requirements. In addition, the proposed amendment will update definitions, recordkeeping, and testing requirements. This action is to adopt the Resolution: 1) Determining that the proposed amendments to Rule 1115 – Motor Vehicle Assembly Line Coating Operations, are exempt from the requirements of the California Environmental Quality Act, and 2) Amending Rule 1115 – Motor Vehicle Assembly Line Coating Operations. (Reviewed: Stationary Source Committee, January 21, 2022)

  • Items 4 through 7 -- Budget/Fiscal Impact


    4. Establish List of Prequalified Vendors to Provide Computer, Network, Printer, Hardware and Software

    Ron Moskowitz

    (909) 396-3329
    On November 5, 2021, the Board approved the release of a Request for Qualifications and Quotations (RFQQ) to prequalify vendors for computer, network, printer, hardware and software. As a result of successful responses to this RFQQ, eleven vendors were identified as capable of providing these products. This action is to approve these eleven vendors to provide these products for a two-year period.  Funds ($300,000) for these purchases are included in the FY 2021-22 Budget. (Reviewed: Administrative Committee, January 14, 2022; Recommended for Approval)

  • 5. Approve Two-Year Labor Agreement with SC-PEA for Professional Unit Bargaining Group

    John Olvera

    (909) 396-2309
    South Coast AQMD management and representatives of South Coast AQMD Professional Employees Association (”SC-PEA”), representing the Professional Unit employees, have reached agreement on a new 2-year MOU. This action is to present the proposed agreement to the Board for approval. (No Committee Review)

  • 6. Execute Contract for Janitorial Services at Diamond Bar Headquarters

    John Olvera

    (909) 396-2309
    The current contract for janitorial services at Diamond Bar headquarters expires on February 28, 2022. On October 1, 2021, the Board approved release of an RFP to solicit proposals from firms interested in providing these services. This action is to execute a 34-month contract with Santa Fe Janitorial Maintenance Services, Inc. for a total amount not to exceed $1,649,751. Funding has been included in the FY 2021-22 Budget and will be requested in successive fiscal years. (Reviewed: Administrative Committee, January 14, 2022; Recommended for Approval)

  • 7. Approve Contract Modification as Approved by MSRC


    McCallon

    As part of their FYs 2018-21 Work Program, the MSRC approved a contract value increase to Southern California Association of Governments to implement additional projects targeting the last segment of goods delivery. At this time, the MSRC seeks Board approval of the contract modification as part of the FYs 2018-21 Work Program. (Reviewed: Mobile Source Air Pollution Reduction Review, January 20, 2022; Recommended for Approval)

  • Items 8 through 15 – Information Only/Receive and File


    8. Legislative, Public Affairs and Media Report

    Derrick Alatorre

    (909) 396-3122
    This report highlights the December 2021 outreach activities of the Legislative, Public Affairs and Media Office, which includes:  Major Events, Community Events/Public Meetings, Environmental Justice Update, Speakers Bureau/Visitor Services, Communications Center, Public Information Center, Business Assistance, Media Relations and Outreach to Business and Federal, State and Local Government. (No Committee Review)

  • 9. Hearing Board Report

    Cynthia Verdugo-Peralta

    (909) 396-2500
    This reports the actions taken by the Hearing Board during the period of December 1 through December 31, 2021. (No Committee Review)

  • 10. Civil Filings and Civil Penalties Report

    Bayron Gilchrist

    (909) 396-3535
    This report summarizes monthly penalties and legal actions filed by the General Counsel's Office from December 1 through December 31, 2021. An Index of South Coast AQMD Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, January 21, 2022)

  • 11. Lead Agency Projects and Environmental Documents Received

    Michael Krause

    (909) 396-2706
    This report provides a listing of CEQA documents received by South Coast AQMD between December 1, 2021 and December 31, 2021, and those projects for which South Coast AQMD is acting as lead agency pursuant to CEQA. (No Committee Review)

  • 12. Rule and Control Measure Forecast

    Sarah Rees

    (909) 396-2856
    This report highlights South Coast AQMD rulemaking activities and public hearings scheduled for 2022. (No Committee Review)

  • 13. Report of RFQs/RFPs Scheduled for Release in February

    Sujata Jain

    (909) 396-2804
    This report summarizes the RFQs/RFPs for budgeted services over $100,000 scheduled to be released for advertisement for the month of February. (Reviewed: Administrative Committee, January 14, 2022)

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

    Jason Aspell

    (909) 396-2491
    This report presents the state and federal Preliminary Determination of Equivalency for January 2020 through December 2020. As such, it provides information regarding the status of Regulation XIII – New Source Review (NSR) in meeting state and federal NSR requirements and shows that South Coast AQMD’s NSR program is in preliminary compliance with applicable state and federal requirements from January 2020 through December 2020. (Reviewed: Stationary Source Committee, January 21, 2022)

  • 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 South Coast AQMD operations. This action is to provide the monthly status report on major automation contracts and planned projects. (Reviewed: Administrative Committee, January 14, 2022)

  • Items 16 and 17 -- Staff Presentations/Board Discussion/Receive and File


    16. Budget and Economic Outlook Update (Presentation in lieu of Board Letter)

    Jill Whynot

    (909) 396-3104
    Staff will provide an update on economic indicators and key South Coast AQMD metrics. (Reviewed: Administrative Committee, January 14, 2022)

  • 17. Update on Facility-Based Mobile Source Measure Development for Marine Ports (Presentation in lieu of Board Letter)

    Ian MacMillan

    (909) 396-3244
    In August 2021, the Board directed staff to continue pursuing MOUs with the Ports of Los Angeles and Long Beach for another six months, and to pivot fully to developing a potential Indirect Source Rule (ISR) if no draft MOUs were ready for execution by the end of that period. This update will cover development of this mobile source measure over the past six months. (Reviewed: Marine Port Committee, January 21, 2022)

  • Items 18 through 23 -- Reports for Committees and CARB


    Note: The January meetings of the Mobile Source and Technology Committees were canceled. The next regular meetings of the Mobile Source and Technology Committees are February 18, 2022

    18. Administrative Committee

    Wayne Nastri

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

  • 19. Legislative Committee

    Derrick Alatorre

    (909) 396-3122
    Chair: Cacciotti
    (Receive & File)

  • 20. Marine Port Committee

    Ian MacMillan

    (909) 396-3244
    Co-Chairs: Buscaino & Richardson
    (Receive & File)

  • 21. Stationary Source Committee

    Jason Aspell

    (909) 396-2491
    Chair: Buscaino
    (Receive & File)

  • 22. Mobile Source Air Pollution Reduction Review Committee

    Aaron Katzenstein

    (909) 396-2219
    Board Liaison: Benoit
    (Receive & File)

  • 23. California Air Resources Board Monthly Report

    Faye Thomas

    (909) 396-3268
    Board Rep: Kracov
    (Receive & file)

  • PUBLIC HEARING


    25. Determine That Proposed Amendments to Rule 1134 – Emissions of Oxides of Nitrogen from Stationary Gas Turbines, Are Exempt from CEQA; and Amend Rule 1134

    Michael Krause

    (909) 396-2706
    Proposed Amended Rule 1134 will remove ammonia limits for selective catalytic reduction systems that will be addressed during permitting, clarify applicable NOx concentration limits for recuperative gas turbines, and incorporate a narrow exemption for use of liquid fuel for turbines used at health facilities during natural gas curtailments. Other amendments are included to update provisions for Continuous Emission Monitoring Systems, remove startup and shutdown permit requirements which will be addressed in Rule 429 – Start-Up and Shutdown Exemption Provisions for Oxides of Nitrogen, and provide other clarifications. This action is to adopt the Resolution: 1) Determining that the Proposed Amended Rule 1134 – Emissions of Oxides of Nitrogen from Stationary Gas Turbines, is exempt from the requirements of the California Environmental Quality Act; and 2) Amending Rule 1134 – Emissions of Oxides of Nitrogen from Stationary Gas Turbines. (Reviewed: Stationary Source Committee, October 15, 2021)

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

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:

  • Communities for a Better Environment v. SCAQMD, Los Angeles Superior Court Case No. BS161399 (RECLAIM);
  • 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;
  • In the Matter of SCAQMD v. Torrance Refining Company, LLC, SCAQMD Hearing Board Case No. 6060-5 (Order for Abatement);
  • 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. Elaine L. Chao, et al., District Court for the District of Columbia, Case No. 1:19-cv-03436-KBJ;
  • 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);
  • Terry Lee Williams v. SCAQMD, Los Angeles Superior Court Case No. 19STCV37587; and
  • 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.

CONFERENCE WITH LEGAL COUNSEL – INITIATING LITIGATION

It is also necessary for the Board to recess to closed session pursuant to Government Code sections 54956.9(a) and 54956.9(d)(4) to consider initiation of litigation (two cases).

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).  

CONFERENCE WITH LABOR NEGOTIATORS

It is also necessary to recess to closed session pursuant to Government Code Section 54957.6 to confer with labor negotiators:

  • Agency Designated Representative:  A. John Olvera, Deputy Executive Officer – Administrative & Human Resources;
  • Employee Organization(s): Teamsters Local 911, and South Coast AQMD Professional Employees Association; and
  • Unrepresented Employees:  Designated Deputies and Management and Confidential employees. 


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 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.

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.

Once you raise your hand to provide public comment, your name will be added to the speaker list. Your name will be called when it is your turn to comment. The host will then unmute your line.

Directions for Video ZOOM on a DESKTOP/LAPTOP:

  • If you would like to make a public comment, please click on the “Raise Hand” button 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 for Video Zoom on a SMARTPHONE:

  • If you would like to make a public comment, please click on the “Raise Hand” button on the bottom of your 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 for TELEPHONE line only:

  • If you would like to make public comment, please dial *9 on your keypad to signal that you would like to comment.

South Coast Air Quality Management District

21865 Copley Dr, Diamond Bar, CA 91765

909-396-2000

© 2022 South Coast Air Quality Management District