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Governing Board Meeting Agenda: February 6, 2015

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
    Barry R. Wallerstein, D. Env., Executive Officer

  • Presentation of Retirement Awards to Phillip Szymanski and Lawrence Watkins, Burke

  • Swearing In of Board Members Michael D. Antonovich and Joseph K. Lyou, PhD. and New Board Member Janice Rutherford, Burke

CONSENT CALENDAR (Items 1 through 12) *

Note: Consent Calendar items held for discussion will be moved to Item No. 13

Please note that, at the January 9, 2015 Board Meeting, a public hearing on Proposed Amended Rule 1420.1 was set for the March 6, 2015 Board Meeting, which will be held in the Council Chambers at Long Beach City Hall,333 W. Ocean Blvd, Long Beach, CA.


Download the complete agenda here.


  • Budget/Fiscal Impact

    2. Amend Contract with Norton Engineering for NOx RECLAIM Technical Evaluation

    Elaine Chang

    (909) 396-3186
    This action is to amend the contract with Norton Engineering to provide supplemental technical evaluation in support of the NOx RECLAIM rule amendment process.  The current contract for technical support was signed in September 2014 at a cost not to exceed $75,000. Norton Engineering has satisfactorily completed the tasks outlined in the current contract.  The proposed amendment to the work statement would add $12,000 to the contract total, thus requiring Board approval. (Reviewed: Stationary Source Committee, January 23, 2015; Recommended for Approval)

  • 3. Recognize Funds, Adopt Resolution to Extend Caltrans Grant Agreement, and Execute and Amend Contracts

    Matt Miyasato

    (909) 396-3249
    On February 7, 2014, the Board recognized U.S. EPA funds for diesel emissions reduction projects under the Diesel Emissions Reduction Act (DERA). This action is to recognize $110,627 in additional Fiscal Year 13 (FY13) DERA funds into the Lower-Emission School Bus Fund (33) and execute contracts totaling $825,000 from the Lower-Emission School Bus Fund (33) to replace diesel school buses with electric buses. This action is also to adopt a resolution to extend a Caltrans grant agreement and amend contracts to reallocate unused funds for replacement of heavy-duty diesel trucks with CNG trucks totaling $350,000 from the Proposition 1B-Goods Movement Program Fund (81). Finally, this action is to amend a contract at no additional cost under the Carl Moyer Program. (Reviewed: Technology Committee, January 23, 2015; Recommended for Approval)

  • 4. Recognize Funds and Execute Contract for Heavy-Duty Advanced Technology Assessment

    Matt Miyasato

    (909) 396-3249

    NOx emissions from on-road heavy-duty diesel trucks are the largest contributor to ozone and fine particulate air quality in the South Coast Air Basin.  As such, there is a need to better understand and plan for the deployment of zero and near-zero emission advanced technologies in this sector.  The Southern California Gas Company (SoCalGas) has expressed interest in cofunding a study that would help achieve this objective. This action is to recognize $250,000 from SoCalGas into the Clean Fuels Fund (31). This action is to also execute a contract with U.S. DOE’s National Renewable Energy Laboratory to develop a detailed technology and economics-based assessment for the deployment of advanced heavy-duty vehicle technologies suitable in commercial fleet applications in an amount not to exceed $500,000 from the Clean Fuels Fund (31). (Reviewed: Technology Committee, January 23, 2015; Recommended for Approval)

  • 5. Execute Contracts for Advanced Optical Remote Sensing Technologies at Refineries, Other VOC Sources and Marine Vessels

    Laki Tisopulos

    (909) 396-3123
    Recent advances in optical remote sensing (ORS) technology have made it possible to quantify fugitive emissions from an entire refinery complex and other sources. In September 2014, an RFP was issued to conduct a series of measurements intended to fully characterize and quantify fugitive and stack emissions from large refineries, other important VOC sources and marine vessels and to develop remote sensing technologies with the intent of providing real-time data capability. Several proposals were received from different contractors and evaluated to select the most competitive bids. This action is to execute contracts with multiple contractors employing a variety of different advanced ORS technologies in an amount not to exceed $1,100,805 from the Rule 1118 Mitigation Fund (54). (Reviewed: Technology Committee, January 23, 2015; Recommended for Approval)

  • 6. Approve Contract Awards and Modifications Approved by MSRC


    Pettis
    As part of their FYs 2012-14 AB 2766 Discretionary Fund Work Program, the MSRC approved three new contracts as well as correction of an award under the Alternative Fuel Infrastructure Program, and a contract value increase under the Alternative Fuel School Bus Incentives Program. As part of their FYs 2014-16 Work Program, the MSRC approved exercising the contract option with Mineral Studios for continuation of website services for two more years. At this time the MSRC seeks Board approval of the contract awards and modifications. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, January 15, 2015; Recommended for Approval)

  • Items 7 through 12 - Information Only/Receive and File

     

    7. Legislative and Public Affairs Report

    Lisha Smith

    (909) 396-3242
    This report highlights the December 2014 outreach activities of Legislative and Public Affairs, which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Outreach to Business and Federal, State, and Local Government. (No Committee Review)

  • 8. Hearing Board Report

    Ed Camarena

    (909) 396-2500
    This reports the actions taken by the Hearing Board during the period of December 1 through December 31, 2014. (No Committee Review)

  • 9. Civil Filings and Civil Penalties Report

    Kurt Wiese

    (909) 396-3460
    This reports the monthly penalties from December 1 through December 31, 2014, and legal actions filed by the General Counsel's Office from December 1 through December 31, 2014. An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, January 23, 2015)

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

    Elaine Chang

    (909) 396-3186
    This report provides, for the Board's consideration, a listing of CEQA documents received by the SCAQMD between December 1, 2014 and December 31, 2014, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (Reviewed: Mobile Source Committee, January 23, 2015)

  • 11. Rule and Control Measure Forecast

    Elaine Chang

    (909) 396-3186
    This report highlights SCAQMD rulemaking activities and public workshops potentially scheduled for the year 2015. (No Committee Review)

  • 12. Status Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2014-15

    Chris Marlia

    (909) 396-3148
    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 projects to be initiated by Information Management during the last six months of FY 2014-15. (No Committee Review)

  • 13. Items Deferred from Consent Calendar



    BOARD CALENDAR

    14. Administrative Committee

    Barry Wallerstein

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

  • 15. Legislative Committee

    Lisha Smith

    (909) 396-3242

    Receive and file; and take the following actions as recommended:

    Agenda Item
     Recommendation
    H.R. 5101 (Hahn) National Freight Network Trust Fund Act of 2014 Support with Amendments
    Proposed Changes to Carl Moyer Program - “The Five Pillars” Approve

     

  • 16. Mobile Source Committee

    Elaine Chang

    (909) 396-3186
    (Receive & File)
    Chair: Parker

  • 17. Stationary Source Committee

    Mohsen Nazemi

    (909) 396-2662
    (Receive & File)
    Chair: Yates

  • 18. Technology Committee

    Matt Miyasato

    (909) 396-3249
    (Receive & File)
    Chair: J. Benoit

  • 19. Mobile Source Air Pollution Reduction Review Committee

    Henry Hogo

    (909) 396-3184
    (Receive & File)
    Board Liaison: Antonovich

  • 20. California Air Resources Board Monthly Report

    Saundra McDaniel

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

  • 21. Status Report on Regulation XIII - New Source Review

    Mohsen Nazemi

    (909) 396-2662
    This report presents the federal preliminary determination of equivalency for January 2013 through December 2013.  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 2013 through December 2013. (Reviewed: Stationary Source Committee, January 23, 2015)

  • PUBLIC HEARING

    22. Supplement to 24-hour PM2.5 State Implementation Plan for South Coast Air Basin

    Philip Fine

    (909) 396-2239
    The purpose of this Supplement to the 24-hour PM2.5 SIP for the South Coast Air Basin is to demonstrate attainment of the 2006 24-hour PM2.5 National Ambient Air Quality Standard by 2015 under Clean Air Act, Title 1, Part D,  Subpart 4, along with updates to the transportation conformity budgets, analysis of Reasonably Available Control Measures/Reasonably Available Control Technology, control measure commitments submitted in the 2012 AQMP, and other Subpart 4 requirements. This action is to adopt the resolution: 1) Determining that the project is exempt from the requirements of CEQA; and 2) Approving the Supplement to the 24-hour PM2.5 State Implementation Plan for the South Coast Air Basin for submittal into the SIP. (Reviewed: Mobile Source Committee, January 23, 2015)

  • OTHER BUSINESS

    23. Communities for a Better Environment’s Request for Hearing Regarding Certification of Negative Declaration in Connection with Permitting Tank Project at Phillips 66 Carson Refinery

    Saundra McDaniel

    (909) 396-2500
    Communities for a Better Environment has submitted documents in which it purports to appeal the Executive Officer’s approval and certification of a Negative Declaration that was done as part of the approval of SCAQMD permits for Phillips 66 to construct a new crude oil storage tank and make related changes at its Carson Refinery.  This item is for the Board to consider whether to grant Communities for a Better Environment a hearing on its so-called appeal. (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 (Contract No. C15516) with Cordoba Corporation. The contractor is a potential source of income for Governing Board Member Joseph Lyou, which qualifies for the remote interest exception of Section 1090 of the California Government Code. Dr. Lyou abstained from any participation in the making of the contract.

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

(No Written Material) 

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:

  • California Nozzle Specialists, Inc. v. SCAQMD, Los Angeles County Superior Court Case No. BS152037 (Public Records Act);

  • CBE, CCAT v. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-72358 (1315);

  • Communities for a Better Environment, et al. v. U.S. EPA, et al., U.S. Court of Appeals, Ninth Circuit, Case No. 13-70167 (Sentinel);

  • 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);

  • Exide Technologies, Inc., Petition for Variance, SCAQMD Hearing Board Case No. 3151-31;

  • In re: Exide Technologies, Inc., U.S. Bankruptcy Court for the District of Delaware Case No. 13-11482 (KJC) (Bankruptcy case);

  • 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);

  • Friedman Marketing v. SCAQMD, California Court of Appeal, Second Appellate District, Case No. B249836 (Rule 461);

  • Friends of the Eel River v. North Coast Railway Authority, California Supreme Court Case No. S222472 (amicus brief);

  • Friends of the Fire Rings v. SCAQMD, San Diego Superior Court, North County, Case No. 37-2014-00008860-CU-WM-NC (Nov. 26, 2013; transferred March 20, 2014);

  • Petition for Declaratory Order by U.S. Environmental Protection Agency, Surface Transportation Board Docket No. FD 35803 (Railroad Rules);

  • Physicians for Social Responsibility, et al. v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-70016 (Monitoring);

  • Physicians for Social Responsibility, et al. v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-70079 (PM2.5);

  • Physicians for Social Responsibility, et al. v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 14-73362 (1-Hour ozone);

  • SCAQMD v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 13-73936 (Morongo Redesignation);

  • Sierra Club, et al. v. U.S. EPA, U.S. District Court for Northern District of California Case No. 3:14-CV-04596 (PM2.5 designation to serious); and

  • WildEarth Guardians v. U.S. EPA, D.C. Circuit Court Case No. 14-1145 (PM2.5 moderate designation).

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) and pursuant to Government Code section 54956.9(b) due to significant exposure to litigation (one case).

In addition, it is necessary for the Board 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: William Johnson; Represented Employees: SCAQMD Professional Employees Association].


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

AQIP = Air Quality Investment Program
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
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental Research and Technology
CNG = Compressed Natural Gas
CO = Carbon Monoxide
CPI = Consumer Price Index
CTG = Control Techniques Guideline
DERA= Diesel Emissions Reduction Act
EV = Electric Vehicle
FY = Fiscal Year
GHG = Greenhouse Gas
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
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
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
PAMS = Photochemical Assessment Monitoring Stations
PAR = Proposed Amended Rule
PM10 = Particulate Matter ≤ 10 microns
PM2.5 = Particulate Matter < 2.5 microns
PR = Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
RTC = RECLAIM Trading Credit
SCAG = Southern California Association of Governments
SIP = State Implementation Plan
SOx = Oxides of Sulfur
SULEV = Super Ultra Low Emission Vehicle
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
U.S. EPA = United States Environmental Protection Agency
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle

 

South Coast Air Quality Management District

21865 Copley Dr, Diamond Bar, CA 91765

909-396-2000

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