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Governing Board Meeting Agenda: January 9, 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 Bobby Mendoza and Richard Watson, Burke

  • Swearing In of Reappointed Board Member Ben Benoit, Burke


CONSENT CALENDAR (Items 1 through 15)

Note: Consent Calendar items held for discussion will be moved to Item No. 16


Download the complete agenda here.


  • 2. Set Public Hearings February 6, 2015 to Consider Amendments and/or Adoption to SCAQMD Rules and Regulations

    Barry Wallerstein

    (909) 396-3131

    This item will include a staff presentation, and Board discussion, on key issues raised at the November 21, 2014 Stationary Source Committee regarding the lead emission rate under Proposed Amended Rule 1420.1.

     

    A. Amend Rule 1420.1 – Emission Standards for Lead and Other Toxic Air Contaminants from Large Lead-Acid Battery Recycling Facilities

    Elaine Chang 909-396-3186
    At the January 2014 Board meeting, staff reported on two studies to address the technical, economic, and physical feasibility of achieving a total facility mass lead emission rate of 0.003 lb/hour from all lead point sources (stack emissions) at large lead acid battery recycling facilities. Based on elevated levels of lead found in surface dust and soil samples collected and analyzed by the Department of Toxic Substances Control, the Board directed staff to amend Rule 1420.1 – Emission Standards for Lead and Other Toxic Air Contaminants from Large Lead-Acid Battery Recycling Facilities to lower the lead point source emission rate and other possible revisions to reduce lead exposure to the surrounding communities. Based on a review of past exceedances of the current Rule 1420.1 ambient lead concentration limit of 0.150 µg/m3, the SCAQMD staff believes that the exceedances are likely attributed to fugitive emissions rather than point sources. As a result, the SCAQMD staff is proposing more stringent requirements to reduce lead exposure and the accumulation of lead in the soil in the surrounding community from large lead-acid battery recyclers.(Reviewed: Stationary Source Committee, November 21, 2014)

  • Budget/Fiscal Impact

    3. Execute Contracts to Conduct 2015 Lawn Mower Exchange Program and Transfer, Appropriate and Recognize Funds

    Matt Miyasato

    (909) 396-3249
    Energy Policy Logo
    At its September 5, 2014 meeting, the Board approved the release of Program Announcements for Electric Lawn Mower Vendors, Licensed Scrappers and Support Service Providers.  These actions are to execute contracts with two lawn mower vendors using funds from the Carl Moyer Program SB 1107 Fund (32) and with a licensed scrapper/recycler as well as a support service provider using funds from the Rule 2202 AQIP Special Revenue Fund (27).  This action is also to transfer and appropriate $50,000 from the Rule 2202 AQIP Special Revenue Fund (27) to Science and Technology Advancement’s FY 2014-15 Budget, as well as to recognize unspent funds in the next fiscal year, as needed, to conduct the 2015 Lawn Mower Exchange Program. (Reviewed: Administrative Committee, December 12, 2014; Recommended for Approval)

  • 4. Issue RFP to Verify Inventory of Atmospheric Pressure Relief Devices at Refineries and Check for Existence of Refinery Fuel Supply Line(s) that Bypass Fuel Monitors

    Mohsen Nazemi

    (909) 396-2662
    The SCAQMD staff regularly inspects refineries to verify inventory of atmospheric pressure relief devices (PRDs) listed under Rule 1173 compliance plans and to determine if there are any bypasses around fuel supply line monitoring systems. Some of the atmospheric PRDs are inaccessible to SCAQMD inspectors during normal operations due to the locations of the PRDs. Refineries employ methodologies that either directly monitor emissions or determine emissions by monitoring a combination of fuel sulfur content, heat content, chemical composition, temperature, and pressure near fuel mix drums. Refinery fuel gas is then delivered to various process heaters or boilers via a complex network of fuel supply lines. The accuracies of the reported RECLAIM emissions will be impacted if additional fuel is introduced to the combustion devices by-passing one or more of these continuous monitors. This action is to issue an RFP to verify inventory of atmospheric pressure relief devices at refineries and check for existence of refinery fuel supply line(s) that by-pass fuel monitors. (Reviewed: Stationary Source Committee, November 21, 2014; Administrative Committee, December 12, 2014; Recommended for Approval)

  • 5. Amend Existing Contracts for Legislative Representation in Washington, D.C.

    Lisha Smith

    (909) 396-3242
    The current contracts with Kadesh & Associates, LLC and Carmen Group Inc. for legislative and regulatory representation in Washington D.C. will expire on January 14, 2015. This item is to recommend approval of the second one-year extension for the two existing contracts for federal legislative and regulatory consulting services for Calendar Year 2015. Total contract amounts for Kadesh & Associates and Carmen Group Inc. is proposed to be the current contract amounts plus a Consumer Price Index increase. (Reviewed: Administrative Committee, December 12, 2014; Recommended for Approval)

  • 6. Airing SCAQMD Governing Board Monthly Meetings on Local Public Affairs Channels

    Lisha Smith

    (909) 396-3242
    Pursuant to Board direction, as a means to expand agency outreach and public awareness of the SCAQMD actions to achieve healthful air quality for all residents, staff is seeking to secure commitments to rebroadcast the SCAQMD Governing Board’s monthly meetings on Public, Education and Government channels and/or cable companies’ public affairs channels operating throughout the region. (Reviewed: Administrative Committee, July 18 and December 12, 2014; Recommended for Approval)

  • Action Items/No Fiscal Impact

    7. Approve Memorandum of Agreement Among Division of Oil, Gas, and Geothermal Resources, CARB and SCAQMD Regarding Well Stimulation Treatments and Well Stimulation Treatment – Related Activities

    Barbara Baird

    (909) 396-2302
    Senate Bill 4 (Pavley), adopted in 2013, requires the Division of Oil, Gas and Geothermal Resources to adopt rules & regulations specific to well stimulation activities and hydraulic fracturing treatments. Senate Bill 4 also requires DOGGR to enter into formal agreements with CARB and local air districts where well stimulation activities may occur. The agreements shall delineate the respective authority, responsibility, and notification and reporting requirements for each agency that are related to such activities. (Reviewed: Administrative Committee, December 12, 2014)

  • 8. Resolution to Support in Concept Salton Sea Restoration and Renewable Energy Initiative

    Barry Wallerstein

    (909) 396-3131
    As the Salton Sea water levels continue to rapidly recede, air pollution concerns are expected to increase throughout the Coachella Valley and Imperial County due to particulates and potential toxic air contaminants emitted from the lake bed sediments.  The Salton Sea Restoration and Renewable Energy Initiative seeks a collaborative Salton Sea restoration solution designed to minimize the environmental and air quality impacts.  The initiative would use revenue generated by renewable energy projects to fund environmental mitigation and restoration efforts at the Salton Sea.  This action is to approve a Board resolution to support, in concept, the Salton Sea Restoration and Renewable Energy Initiative. (Reviewed: Administrative Committee, December 12, 2014; Recommended for Approval)

  • Items 9 through 15 - Information Only/Receive and File

    9. Legislative and Public Affairs Report

    Lisha Smith

    (909) 396-3242
    This report highlights the November 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)

  • 10. Hearing Board Report

    Ed Camarena

    (909) 396-2500
    This reports the actions taken by the Hearing Board during the period of November 1 through November 30, 2014. (No Committee Review)

  • 11. Civil Filings and Civil Penalties Report

    Kurt Wiese

    (909) 396-3460
    This reports the monthly penalties from November 1 through November 30, 2014, and legal actions filed by the General Counsel's Office from November 1 through November 30, 2014. An Index of District Rules is attached with the penalty report. (No Committee Review)

  • 12. 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 November 1, 2014 and November 30, 2014 and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (No Committee Review)

  • 13. 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, and provides a summary of rulemaking activities and other AQMP-related programs in 2014. (No Committee Review)

  • 14. Report of RFQs Scheduled for Release in January

    Michael O'Kelly

    (909) 396-2828
    This report summarizes the RFQs for budgeted services over $75,000 scheduled to be released for advertisement for the month of January. (Reviewed: Administrative Committee, December 12, 2014; Recommended for Approval)

  • 15. 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 report on major automation contracts and projects to be initiated by Information Management during the last six months of FY 2014-15. (Reviewed: Administrative Committee, December 12, 2014; Recommended for Approval)

  • 16. Items Deferred from Consent Calendar



    BOARD CALENDAR

    Note: The Mobile Source, Stationary Source, and Technology Committees did not meet in December. The next meetings of the Mobile Source, Stationary Source, and Technology Committees are scheduled for January 23, 2015. The MSRC meeting scheduled for December 18, 2014, was cancelled; the next MSRC meeting is scheduled for January 15, 2015.

     

    17. Administrative Committee

    Barry Wallerstein

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

  • 18. Legislative Committee

    Lisha Smith

    (909) 396-3242
    (Receive & File)
    Chair: Gonzales
    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

    Develop Proposed Language and Return to Committee
     

    H.R. 5624 (Lowenthal) Economy in Motion: The National Multimodal and Sustainable Freight Infrastructure Act

    Support and Recommend Amendments
  • 19. California Air Resources Board Monthly Report

    Saundra McDaniel

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

  • OTHER BUSINESS

    20. Establish BP/SCAQMD Public Benefits Oversight Special Revenue Fund

    Jean Ospital

    (909) 396-2582
    This item is to establish a Special Revenue Fund to receive the remaining unspent $177,802 from the 2005 BP Settlement Agreement public benefits payments.  These funds will continue to be expended through the approval of the BP SCAQMD Public Benefits Programs Oversight Committee. (No Committee Review)

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 (seek leave to file 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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