Governing Board Meeting Agenda: February 7, 2020

A meeting of the South Coast Air Quality Management District Board will be held at 9:00 a.m., in the Auditorium at South Coast AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California.

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.

Questions About Progress of the Meeting

During the meeting, the public may call the Clerk of the Board’s Office at (909) 396-2500 for the number of the agenda item the Board is currently discussing.

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 Board’s Office, 21865 Copley Drive, Diamond Bar, CA 91765.

The Agenda is subject to revisions. For the latest version of agenda items herein or missing agenda items, check the South Coast AQMD’s web page (www.aqmd.gov) or contact the Clerk of the Board, (909) 396-2500. Copies of revised agendas will also be available at the Board meeting.

A webcast of the meeting is available for viewing at:
http://www.aqmd.gov/home/news-events/webcast

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 Member Larry McCallon
Swearing in of Newly Appointed Board Member Carlos Rodriguez

CONSENT CALENDAR (Items 1 through 14)

Note: Consent Calendar items held for discussion will be moved to Item No. 15

Download the agenda only (PDF, no attachments)

Download the complete agenda here.

1. Approve Minutes of January 10, 2020 Board Meeting

Faye Thomas

(909) 396-3268
Budget/Fiscal Impact

2. Amend and Execute Contracts to Perform Data Collection of Zero Emissions Heavy-Duty Infrastructure and Other Equipment

Matt Miyasato

(909) 396-3249
In November 2018, the Board approved an award of $44,839,686 for the Volvo Low Impact Green Heavy Transport Solutions (LIGHTS) project. The Board also approved a $1,096,658 contract with University of California Riverside (UCR) CE-CERT to perform data collection, analysis and reporting for the Volvo LIGHTS project. UCR had planned to subcontract data collection for infrastructure and other equipment to CALSTART, Inc., but it was subsequently determined that UCR’s business services group is unable to subcontract services. These actions are to amend a contract with UCR CE-CERT reducing the amount to $836,258 and to execute a contract with CALSTART, Inc., in an amount not to exceed $260,400 from the GHG Reduction Projects Special Revenue Fund (67) for data collection, analysis and reporting for the Volvo LIGHTS project. (Reviewed: Technology Committee, January 24, 2020; Recommended for Approval)
3. Renew South Coast AQMD’s Membership in CaFCP for Calendar Year 2020 and Receive and File California Fuel Cell Partnership Executive Board Meeting Agenda and Activity Updates

Matt Miyasato

(909) 396-3249
The South Coast AQMD has been a member of the California Fuel Cell Partnership (CaFCP) since 2000. These actions are to renew South Coast AQMD’s membership in the CaFCP in an amount not to exceed $70,000 for Calendar Year 2020 and cofund a portion of the CaFCP Regional Coordinator position and infrastructure development staff activities in an amount not to exceed $50,000 from the Clean Fuels Program Fund (31). This action is to also receive and file the CaFCP Executive Board Meeting Agenda for October 16, 2019, and Activity Updates for the second and third quarters of 2019. (Reviewed: Technology Committee, January 24, 2020; Recommended for Approval)
4. Recognize Revenue, Transfer and Appropriate Funds, Approve Positions, Issue Solicitations and Purchase Orders, and Execute Contracts and Agreements for Mid-Year Budget Adjustments

Sujata Jain

(909) 396-2804
South Coast AQMD is expected to receive up to $20 million for AB 617 continued implementation. Additional resources of $3,061,582 are needed in the FY 2019-20 Budget to enable the implementation of critical projects and programs. These actions are to: 1) Recognize revenue up to $20 million for AB 617 implementation into the General Fund; 2) Appropriate $3,061,582 from the General Fund Undesignated (Unassigned) Fund Balance into the FY 2019-20 and/or FY 2020-21 General Fund Budget for several key projects; 3) Transfer $1,000,000 from the General Fund Undesignated (Unassigned) Fund Balance to the Infrastructure Improvement Fund (02); 4) Transfer up to $30,794 from the AB 134 Community Air Protection Fund (77) into the FY 2019-20 General Fund Budget for administrative costs; 5) Approve the addition of positions from the General Fund; and 6) Issue solicitations and purchase orders and execute contracts and agreements for Mid-Year Budget Adjustments. (Reviewed: Administrative Committee, January 17, 2020, Recommended for Approval)
5. Establish List of Prequalified Vendors to Provide Computer, Network, Printer, Hardware and Software, and Audio Visual Equipment

Ron Moskowitz

(909) 396-3329
On November 1, 2019, the Board approved the release of an RFQQ to prequalify vendors for computer, network, printer, hardware and software and audio visual equipment. As a result of successful responses to this RFQQ, eight vendors were identified as capable of providing these products. This action is to approve these eight vendors to provide these products for a two-year period. Funds ($300,000) for these purchases are included in Information Management FY 2019-20 Budget. (Reviewed: Administrative Committee, January 17, 2020; Recommended for Approval)
6. Appropriate Funds and Amend Contract for Consultant Services for South Coast AQMD's Environmental Justice Outreach and Initiatives

Derrick Alatorre

(909) 396-3122
The current contract with Lee Andrews Group, Inc., for environmental justice efforts conducted for the Environmental Justice Community Partnership expires on March 29, 2020. The contract includes an option for two one-year extensions. Based on the firm’s effective performance during their current contract, this action is to approve a one-year extension of the consultant’s contract in the amount of $160,000 for Calendar Year 2020. (Reviewed: Administrative Committee, January 17, 2020; Recommended for Approval)
7. Approve Contract Modifications as Approved by MSRC

McCallon

As part of their FYs 2018-21 Work Program, the MSRC approved a contract value increase to the MSRC’s Programmatic Outreach Coordinator, Better World Group Advisors, to continue conducting research and outreach in support of Work Program development. Also, as part of their FYs 2016-18 Work Program the MSRC approved a modification to a contract under the Local Government Partnership Program. At this time the MSRC seeks Board approval of contract modifications as part of the FYs 2016-18 and 2018-21 Work Programs. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, January 16, 2020; Recommended for Approval)
Items 8 through 14 - Information Only/Receive and File

8. Legislative, Public Affairs, and Media Report

Derrick Alatorre

(909) 396-3122
This report highlights the December 2019 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

Julie Prussack

(909) 396-2822
This reports the actions taken by the Hearing Board during the period of December 1 through December 31, 2019. (No Committee Review)
10. Civil Filings and Civil Penalties Report

Bayron Gilchrist

(909) 396-3459
This reports the monthly penalties from December 1, 2019 through December 31, 2019, and legal actions filed by the General Counsel's Office from December 1, 2019 through December 31, 2019. An Index of South Coast AQMD Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, January 24, 2020)
11. Lead Agency Projects and Environmental Documents Received

Susan Nakamura

(909) 396-3105
This report provides a listing of CEQA documents received by the South Coast AQMD between December 1, 2019 and December 31, 2019, and those projects for which the South Coast AQMD is acting as lead agency pursuant to CEQA. (Reviewed: Mobile Source Committee, January 24, 2020)
12. Rule and Control Measure Forecast

Philip Fine

(909) 396-2239
This report highlights South Coast AQMD rulemaking activities and public hearings scheduled for 2020. (No Committee Review)
13. 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 17, 2020)
14. Receive and File Annual Report on 457 Deferred Compensation Plan

John Olvera

(909) 396-2309
South Coast AQMD sponsors an IRS-approved 457 deferred compensation program for its employees. The Annual Report addresses the Board’s responsibility for monitoring the activities of the Deferred Compensation Plan Committee and ensuring the Committee carries out its fiduciary duties and responsibilities under the Committee Charter. This action is to receive and file the Annual Report. (Reviewed: Administrative Committee, December 13, 2019 and January 17, 2020)
15. Items Deferred from Consent Calendar
BOARD CALENDAR

16. Administrative Committee

Wayne Nastri

(909) 396-3131
Chair: Burke
(Receive & File)
17. Legislative Committee

Derrick Alatorre

(909) 396-3122
Chair: Mitchell
(Receive and File)
18. Mobile Source Committee

Philip Fine

(909) 396-2239
Chair: Burke
(Receive & File)
19. Stationary Source Committee

Amir Dejbakhsh

(909) 396-2618
Chair: Benoit
(Receive & File)
20. Technology Committee

Matt Miyasato

(909) 396-3249
Chair: Buscaino
(Receive & File)
21. Mobile Source Air Pollution Reduction Review Committee

Naveen Berry

(909) 396-2363
Board Liaison: Benoit
(Receive & File)
22. California Air Resources Board Monthly Report

Faye Thomas

(909) 396-3268
Board Rep: Mitchell
(Receive & File)
Staff Presentation/Board Discussion

23. NOx BARCT Rulemaking Update

Susan Nakamura

(909) 396-3105
(Presentation in Lieu of Board Letter)

The 2016 AQMP included a control measure, CMB-05, to achieve an additional five tons per day of NOx emission reductions as soon as practicable from facilities in RECLAIM, but no later than 2025. The approval of AB 617 in 2017 accelerated South Coast AQMD’s efforts by requiring that air districts establish BARCT schedules no later than January 1, 2019, and implement BARCT no later than December 31, 2023 for facilities in the state greenhouse gas cap and trade program. Staff will provide an update on NOx BARCT rulemaking efforts. (No Committee Review)
24. Status Report on Regulation XIII - New Source Review

Amir Dejbakhsh

(909) 396-2618
This report presents the federal preliminary determination of equivalency for January 2018 through December 2018. As such, it provides information regarding the status of Regulation XIII – New Source Review (NSR), in meeting federal NSR requirements and shows that South Coast AQMD’s NSR program is in preliminary compliance with applicable federal requirements from January 2018 through December 2018. (Reviewed: Stationary Source Committee, January 24, 2020)
PUBLIC HEARING

25. Determine That Proposed Amendments to Rule 1107 – Coating of Metal Parts and Products, Are Exempt from CEQA and Amend Rule 1107

Susan Nakamura

(909) 396-3105
Rule 1107 was adopted in 1979 and last amended in 2006 and establishes VOC limits for most metal coatings operations. Proposed Amended Rule 1107 will be amended to be consistent with Reasonably Available Control Technology requirements as recommended in U.S. EPA’s Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings (September 2008). Proposed Amended Rule 1107 revises exemptions, adds work practices for coating-related activities, updates test methods, removes obsolete provisions, and provides additional clarifications. This action is to adopt the Resolution: 1) Determining that the proposed amendments to Rule 1107 – Coating of Metal Parts and Products, are exempt from the requirements of the California Environmental Quality Act, and 2) Amending Rule 1107 – Coating of Metal Parts and Products. (Reviewed: Stationary Source Committee, January 24, 2020)

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., South Coast AQMD Hearing Board Case No. 6066-1 (Order for Abatement);

In the Matter of SCAQMD v. Browning-Ferris Industries of California, Inc. dba Sunshine Canyon Landfill, South Coast AQMD 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, Court of Appeals, Second Appellate District, Case No. B294732; (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); Delaware District Court, Case No.: 19-00891 (Appellate Case);

In the Matter of SCAQMD v. Southern California Gas Company, Aliso Canyon Storage Facility, South Coast AQMD 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, South Coast AQMD Hearing Board Case No. 6060-5 (Order for Abatement);

People of the State of California, ex rel South Coast Air Quality Management District v. The Sherwin-Williams Company, an Ohio Corporation, and Does 1 through 50, Inclusive, Los Angeles Superior Court Case No. PSCV 00136;

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 19258941;

Downwinders at Risk et al. v. EPA, United States Court of Appeals D.C. Circuit, Case No. 19-1024 (consolidated with Sierra Club, et al. v. EPA, No. 15-1465);

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); and

Association of Irritated Residents v. U.S. EPA, SCAQMD, SJVUAPCD, et al., United States Court of Appeals, D.C. Circuit, Case No. 19-71223.

Communities for a Better Environment v. South Coast Air Quality Management District, Los Angeles Superior Court Case No. 19STCP05239 (Tesoro); and

SCAQMD v. City of Moreno Valley, et al., Riverside County Superior Court, Case Nos. RIC 1511213 and RIC 1601988 (World Logistics Center); Center for Community Action and Environmental Justice, et al. v. City of Moreno Valley, et al., California Court of Appeal, Fourth District, Div. 2, Case No. E067200; Albert Paulek, et al v. City of Moreno Valley, et al, California Court of Appeal, Fourth District, Div. 2, Case No. E071184.

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 (four 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 South Coast AQMD (two cases).

Letter from Steven J. Olson, O’Melveny & Myers LLP, on behalf of ExxonMobil Corporation, dated August 22, 2018.

Email from Somerset Perry, California Deputy Attorney General, dated March 13, 2019, regarding Notice of Violation P61321.

ADJOURNMENT

***PUBLIC COMMENTS***

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 South Coast AQMD 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 South Coast AQMD'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
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
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

Governing Board Meeting Agenda: February 7, 2020

Call To Order

CONSENT CALENDAR (Items 1 through 14)

Note: Consent Calendar items held for discussion will be moved to Item No. 15

Budget/Fiscal Impact

Items 8 through 14 - Information Only/Receive and File

BOARD CALENDAR

Staff Presentation/Board Discussion

PUBLIC HEARING

Public Comment Period

Board Member Travel

Closed Session