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Governing Board Meeting Agenda: July 10, 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
  • Introduction of Sunline Transit Agency CEO/General Manager, Lauren L. Skiver, J. Benoit
  • Presentation of Retirement Award to Ernest Lopez and Gwen Cole, Burke

CONSENT CALENDAR (Items 1 through 27) 

Note: Consent Calendar items held for discussion will be moved to Item No. 28

Download the agenda only here (PDF, no attachments)


Download the complete agenda here.


  • 2. Set Public Hearings September 4, 2015 [1] to Consider Amendments to and/or Adoption of SCAQMD Rules and Regulations

    Barry Wallerstein

    (909) 396-3131

    A. Adopt Proposed Rule 415 - Odors from Rendering Facilities

    Phillip Fine 909-396-2239
    PR 415 is designed to reduce odors from facilities conducting inedible rendering operations. PR 415 is the result of an issue that was identified by the Working Group for the Clean Communities Plan in the pilot study area of Boyle Heights, a community near the City of Vernon rendering facilities.  PR 415 includes implementation of Best Management Practices, enclosures for process areas that have high potential for odors, closed system requirements, as well as other measures to control odors from rendering operations. (Reviewed: Stationary Source Committee, February 20, May 15 and July 24, 2015)

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

    Phillip Fine 909-396-2239
    In March 2015, the Board adopted amendments to Rule 1420.1, lowering the ambient lead concentration limit and adding other housekeeping and maintenance measures.  At the March Board Hearing, staff was directed to return to the Board with a rule proposal to lower the point source lead emission rate to 0.003 lb/hr and other options.  Proposed Amended Rule 1420.1 will lower the point source emission rate and include provisions to ensure emissions from lead are appropriately controlled during closure and clean-up activities of a large lead-acid battery recycling facility.  (Reviewed: Stationary Source Committee, June 19, 2015)

    C. Adopt Proposed Rule 1420.2 – Emission Standards for Lead from Metal Melting Facilities

    Phillip Fine 909-396-2239
    On October 15, 2008, the U.S. EPA signed into legislation an amended National Ambient Air Quality Standard (NAAQS) for lead.  This legislation lowered the NAAQS for lead from 1.5 µg/m3 to 0.15 µg/m3 averaged over a rolling 3-month period to protect public health and the environment.  The SCAQMD staff is proposing Rule 1420.2 – Emission Standards for Lead from Metal Melting Facilities to protect public health from exposure to lead and help ensure and maintain attainment of the NAAQS.  The SCAQMD staff is proposing an initial ambient air lead concentration limit of 0.150 µg/m3 averaged over any consecutive 30 days which will be lowered to a final limit of 0.100 µg/m3 by 2018.  The proposed rule also establishes requirements for enclosures, point source lead emission limits, source testing, ambient air monitoring, housekeeping and maintenance activities, and submittal and implementation of a Compliance Plan, if the facility exceeds ambient air lead concentration limits set forth in the rule.  (Reviewed: Stationary Source Committee, May 15 and June 19, 2015)


    [1] Note:  At the June 5, 2015 Board Meeting, the Board set a public hearing for September 4, 2015 to Amend Rule 1156.

  • Budget/Fiscal Impact

    3. Amend Contract for Media, Advertising and Public Outreach for Check Before You Burn Program

    Sam Atwood

    (909) 396-3687
    On July 11, 2014, the Board exercised the option to renew for an additional year the contract with Sensis for Media, Advertising and Public Outreach for the FY 2014-15 Check Before You Burn season. The current contract with the firm will expire on September 30, 2015.  This action is to extend the contract with Sensis for one final additional year as allowed in the Check Before You Burn outreach program approved by the Board in 2013.  (Reviewed: Stationary Source Committee, June 19, 2015; Recommended for Approval)

  • 4. Execute Contracts for Two Heavy-Duty CNG Vehicles in Coachella Valley

    Matt Miyasato

    (909) 396-3249
    Energy Policy LogoIn 2009, the MSRC awarded the City of Desert Hot Springs $25,000 in match funds to purchase one heavy-duty CNG-powered truck.  Financial constraints have prevented the City from purchasing this vehicle.  Additionally, the Coachella Valley Association of Governments (CVAG) has requested funding for the purchase of a paratransit vehicle for deployment at Roy’s Desert Resource Center, the first comprehensive resource center for the transitionally homeless in Coachella Valley.  This action is to award contracts from the Clean Fuels Fund (31) to: 1) the City of Desert Hot Springs to cost-share the purchase of a CNG truck with the MSRC in an amount not to exceed $38,000; and 2) CVAG to purchase a heavy-duty CNG paratransit vehicle in an amount not to exceed $140,000. (Reviewed: Technology Committee, June 19, 2015; Recommended for Approval)

  • 5. Amend Contract to Provide Additional Funding to Develop and Demonstrate Plug-In Hybrid Vehicles

    Matt Miyasato

    (909) 396-3249
    Energy Policy LogoThe Board previously recognized $45,443,332 from the DOE for the development and demonstration of a fleet of medium-duty plug-in hybrid vehicles at utilities and other fleets across the nation, and a contract was executed with the Electric Power Research Institute (EPRI) to conduct the project. This action is to amend the contract with EPRI to continue data collection in order to further evaluate performance and operational benefits while providing feedback for optimization of these plug-in hybrid vehicles in an amount not to exceed $250,000 from the Clean Fuels Fund (31). (Reviewed: Technology Committee, June 19, 2015; Recommended for Approval)

  • 6. Amend Contract to Provide Additional Funding for Hydrogen Fueling Station Demonstration

    Matt Miyasato

    (909) 396-3249
    Energy Policy LogoThe Board previously approved a contract with Linde, LLC, for $250,000 to design and build a hydrogen station in Laguna Niguel. Subsequently, due to the inability to come to an agreement with site owners, a new site in Orange County was identified for the hydrogen station.  The permitting requirements for the new site, however, have increased costs by $160,000.  To ensure the station moves forward, Linde, LLC has requested additional funds to equally share the higher costs.  This action is to amend the contract with Linde, LLC, to provide additional funding for the hydrogen fueling station demonstration in an amount not to exceed $80,000 from the Clean Fuels Fund (31).  (Reviewed: Technology Committee, June 19, 2015; Recommended for Approval)

  • 7. Issue Program Announcement for Low-Emission Leaf Blower Vendors

    Fred Minassian

    (909) 396-2641
    To follow up on the successful Leaf Blower Exchange Programs, staff proposes a similar incentive in the fall of 2015 to generate cost-effective emission reductions. This action is to issue a Program Announcement to solicit competitive bids from manufacturers of low-emission leaf blowers in sufficient quantities and at the lowest possible price. (Reviewed: Mobile Source Committee, June 19, 2015)

  • 8. Issue Program Announcement for Proposition 1B-Goods Movement Emission Reduction Program

    Fred Minassian

    (909) 396-2641
    Energy Policy LogoIn June 2015, CARB approved updates to the Proposition 1B–Goods Movement Emission Reduction Program Guidelines identifying new specifications and funding levels for eligible heavy-duty truck projects.  The updates include funding for new and used diesel trucks for small fleets and near-zero and zero emission trucks for large fleets.  In order to maximize participation statewide, air districts plan to release Program Announcements in a synchronized manner.  A release date has not yet been established. This action is to issue a Program Announcement for heavy-duty truck projects once CARB has finalized the solicitation criteria in consultation with air districts. (Reviewed: Technology Committee, June 19, 2015; Recommended for Approval)

  • 9. Recognize Revenue and Appropriate Funds from Clean Fuels, Carl Moyer AB 923 and Proposition 1B-Goods Movement Programs for Administrative Support, Outreach and Education, Capital Outlays, and Related Activities

    Fred Minassian

    (909) 396-2641
    Energy Policy LogoThe Technology Advancement Office executes hundreds of contracts annually to implement incentive, demonstration and technology transfer projects, involving ongoing administrative support, outreach and education, capital outlays, and related activities.  This action is to recognize up to $1,585,000 in revenue into the General Fund and appropriate $1,585,000 to the Science & Technology Advancement FY 2015-16 Budget from the following special revenue funds: $1,185,000 from the Clean Fuels Program Fund (31); $100,000 from the Carl Moyer Program AB 923 Fund (80); and $300,000 from the Proposition 1B-Goods Movement Program Fund (81). These appropriations will ensure flexibility and expediency in administering and implementing these programs and in procuring and maintaining equipment required by the programs. Publication requirements will be waived for advanced technology vehicle acquisitions as they are available from limited dealerships. (Reviewed: Technology Committee, June 19, 2015; Recommended for Approval)

  • 10. Issue RFP for Enhancement of Web-Based Annual Emissions Reporting Tool

    Jill Whynot

    (909) 396-3104
    Under the Annual Emission Reporting (AER) program, facilities subject to Rule 301(e) and the AB 2588 Program are required to report toxics and criteria pollutant emissions to the SCAQMD. SCAQMD developed a new AER Reporting Tool which allows facilities to report their emissions on a device/equipment basis. The new reporting tool was available as an option for testing and reporting 2013 emissions. Starting calendar year 2015, the use of this tool became mandatory for the AER facilities. During the reporting period, additional fixes and enhancements have been identified by facilities. This action is to release an RFP for enhancements to the existing tool features based on user feedback.  The total funding for this project shall not exceed $150,000, which is included in the FY 2015-16 Budget. Additionally, staff is requesting to have an option to renew the contract for up to two additional years for an estimated amount not to exceed $150,000 per year.  (Reviewed: Administrative Committee, June 12, 2015; Recommended for Approval)

  • 11. Transfer and Appropriate Funds and Issue RFQs and Purchase Orders for Laboratory and Field Equipment

    Laki Tisopulos

    (909) 396-3123
    Air quality monitoring and laboratory-based sample analysis at SCAQMD continues to be an integral part of ongoing efforts to better characterize air quality.  Staff is requesting funding of up to $835,400 for Capital Outlays and up to $148,200 in Services and Supplies to provide for new more reliable laboratory and field equipment that will enhance instrument performance, rapid response, and near-real time monitoring and reporting.  These actions are to transfer and appropriate funding to Science & Technology Advancement’s FY 2015-16 Budget and to issue RFQs and purchase orders for laboratory and field equipment. (Reviewed: Administrative Committee, June 12, 2015; Recommended for Approval)

  • 12. Recognize Revenue and Appropriate Funds for Enhanced Particulate Monitoring Programs, NATTS, PAMS, PM2.5, Near-Road NO2 and AQ-SPEC Programs; Issue RFQs and Purchase Orders for Air Monitoring Equipment and CNG Vehicles

    Laki Tisopulos

    (909) 396-3123
    SCAQMD has applied for $2,836,157 in U.S. Government Enhanced Particulate Monitoring Program funds for FY 2015-16. In addition, U.S. EPA has allocated $242,318 for the NATTS Program for FY 2015-16. These actions are to: 1) recognize revenue and appropriate funds for the Enhanced Particulate Monitoring and NATTS Programs; 2) recognize revenue and appropriate funding for remaining balances of the NATTS, PAMS, PM2.5, Near-Road NO2 and AQ-SPEC Programs; and 3) issue RFQs and purchase orders for air monitoring equipment and CNG vehicles. (Reviewed: Administrative Committee, June 12, 2015; Recommended for Approval)

  • 13. Execute Contract for Health Insurance Brokerage and Consultant Services

    Bill Johnson

    (909) 396-3018
    To ensure SCAQMD continues to provide a cost-effective employee health insurance program, an RFP was released on April 3, 2015, to solicit proposals from firms interested in providing health insurance brokerage services. This action is to execute a contract with Alliant Insurance Services, Inc. effective August 1, 2015 through July 31, 2018. This is a no-cost contract as payment for services is through insurance carrier commissions.  (Reviewed: Administrative Committee, June 12, 2015. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board)

  • 14. Amend Salary Resolution to Provide Paid Sick Leave for SCAQMD Employees Not Currently Eligible to Receive Such Leave Benefits

    Bill Johnson

    (909) 396-3018
    AB 1522 (Gonzalez) requires California employers to implement the Healthy Workplaces, Healthy Families Act of 2014. This Act provides that effective July 1, 2015, eligible employees not currently provided with a minimum level of paid sick leave benefits are entitled to receive such benefit for prescribed purposes.  The proposed amendments to the Salary Resolution will implement the provisions of AB 1522 to provide paid sick leave for specific SCAQMD employees not currently covered by the Salary Resolution or an MOU. (Reviewed: Administrative Committee, June 12, 2015; Recommended for Approval)

  • 15. Authorize Purchase of OnBase Software Support

    Chris Marlia

    (909) 396-3148
    SCAQMD uses the OnBase software for its electronic document management system to manage critical documents and to support the Record Retention Policy. Software subscription and support for OnBase expires on July 31, 2015. This action is to obtain approval for sole source purchase of OnBase software subscription and support for one year.  Funds for this purchase ($122,980) are included in the FY 2015-16 Budget.  (Reviewed: Administrative Committee, June 12, 2015 and Special Administrative Committee, June 17, 2015; Recommended for Approval)

  • 16. Authorize Purchase of Oracle PeopleSoft Software and Support

    Chris Marlia

    (909) 396-3148
    The SCAQMD uses Oracle’s PeopleSoft Integrated Financial/Human Resources System.  The software package provides purchasing, accounting, asset management, financial management, project reporting, payroll and human resources functionality for the SCAQMD. The maintenance support for this system expires August 13, 2015.  In addition, acquisition of the PeopleSoft eApps software is needed to implement online employee benefits self-service. This action is to obtain approval for a five-year contract with Oracle America Inc. for the Oracle PeopleSoft maintenance support, including purchase of the eApps in the first year. Funds ($328,800) for these purchases are included in the FY 2015-16 Budget and will be included in subsequent fiscal year budget requests. (Reviewed: Administrative Committee, June 12, 2015, Recommended for Approval)

  • 17. Issue RFP for Legislative Representation in Washington, D.C.

    Lisha Smith

    (909) 396-3242
    The current contracts for legislative representation in Washington, D.C. will expire on January 14, 2016. This action calls for the issuance of an RFP for legislative representation and consulting services for SCAQMD in Washington, D.C. for 2016. The RFP will also indicate that the services contract(s) may be extended for up to two additional one-year terms. (Reviewed: Legislative Committee, June 12, 2015; Recommended for Approval)

  • 18. Issue RFP for Consultant Services for SCAQMD Environmental Justice Outreach and Initiatives

    Lisha Smith

    (909) 396-3242
    This action is to issue an RFP to solicit proposals from individuals and organizations to provide assistance with community and stakeholder outreach efforts related to SCAQMD’s Environmental Justice Program, including but not limited to, the Environmental Justice Community Partnership Initiative announced in February 2015 during the SCAQMD’s Environmental Justice Conference. (Reviewed: Administrative Committee, June 12, 2015; Recommended for Approval)

  • 19. Approve Methodology for Maximum Support Level Expenditure and Amendments to Board Member Assistant and Board Member Consultant Policy

    Michael O'Kelly

    (909) 396-2828
    The Board Member Assistant and Board Member Consultant Policy (Policy) is proposed to be amended to adjust the maximum support level expenditure the District may make per Board Member, per fiscal year, based on an assignment-of-points methodology. The points are calculated based on the level of complexity, number of meetings, role (Chair/Vice-Chair), etc. This item also incorporates the Policy into the SCAQMD Administrative Code. (Reviewed: Personnel Committee, June 5, 2015; Recommended for Approval)

  • 20. Approve Replacement Contract, Exercise Option for Technical Advisor Services, and Approve Fund Transfer for Miscellaneous Costs in FY 2015-16 as Approved by MSRC


    Pettis
    The MSRC approved a replacement contract with Mineral LLC to continue hosting and maintenance of the MSRC website, and exercised a contract option clause to continue technical advisor services for two additional years from October 2015 through September 2017 and augmented funding to carry out the work. Additionally, every year the MSRC adopts an Administrative Budget, which includes transference of funds to the SCAQMD Budget to cover administrative expenses. At this time the MSRC seeks Board approval of the replacement contract, the allocation and the fund transfer as part of the FYs 2014-16 Work Program, and approval of the contract option as part of the FYs 2014-16 and 2016-18 Work Programs. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, June 18, 2015; Recommended for Approval)

  • Items 21 through 27 - Information Only/Receive and File

    21. Legislative and Public Affairs Report

    Lisha Smith

    (909) 396-3242
    This report highlights the May 2015 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)

  • 22. Report to Legislature and CARB on SCAQMD's Regulatory Activities for Calendar Year 2014

    Lisha Smith

    (909) 396-3242
    The SCAQMD is required by law to submit a report to the Legislature on its regulatory activities for the preceding calendar year. The report is to include a summary of each rule and rule amendment adopted by SCAQMD, number of permits issued, denied, or cancelled, emission offset transactions, budget and forecast, and an update on the Clean Fuels program. Also included is the Annual RECLAIM Audit Report, as required by RECLAIM Rule 2015: Backstop Provisions. (No Committee Review)

  • 23. Hearing Board Report

    Ed Camarena

    (909) 396-2500
    This reports the actions taken by the Hearing Board during the period of May 1 through May 31, 2015. (No Committee Review)

  • 24. Civil Filings and Civil Penalties Report

    Kurt Wiese

    (909) 396-3460
    This reports the monthly penalties from May 1 through May 31, 2015, and legal actions filed by the General Counsel's Office from May 1 through May 31, 2015. An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, June 19, 2015)

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

    Philip Fine

    (909) 396-2239
    This report provides, for the Board's consideration, a listing of CEQA documents received by the SCAQMD between May 1, 2015 and May 31, 2015, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (Reviewed: Mobile Source Committee, June 19, 2015)

  • 26. Rule and Control Measure Forecast

    Philip Fine

    (909) 396-2239
    This report highlights SCAQMD rulemaking activities and public workshops potentially scheduled for the year 2015 and portions of 2016. (No Committee Review)

  • 27. Report on Major Projects for Information Management Scheduled to Start During First Six Months of FY 2015-16

    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 first six months of FY 2015-16. (Reviewed: Administrative Committee, June 12, 2015; Recommended for Approval)

  • 28. Items Deferred from Consent Calendar

    BOARD CALENDAR

    29. Administrative Committee

    Barry Wallerstein

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

  • 30. Special Administrative Committee

    Barry Wallerstein

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

  • 31. Investment Oversight Committee

    Michael O'Kelly

    (909) 396-2828
    (Receive & File)
    Chair: Antonovich

  • 32. Legislative Committee

    Lisha Smith

    (909) 396-3242
    (Receive & File)
    Chair: Mitchell
    Receive and file; and take the following actions as recommended:        

    Agenda Item  Recommendation 
    Issue RFP for Legislative Representation in Washington, D.C. Approve
    SB 398 (Leyva) Green Assistance Program Support
    SB 400 (Lara) California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund Support with Amendments
    Greenhouse Gas Reduction Fund Investment Principles  Approve
  • 33. Mobile Source Committee

    Philip Fine

    (909) 396-2239
    (Receive & File)
    Chair: Parker

  • 34. Stationary Source Committee

    Mohsen Nazemi

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

  • 35. Technology Committee

    Matt Miyasato

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

  • 36. Mobile Source Air Pollution Reduction Review Committee

    Henry Hogo

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

  • 37. California Air Resources Board Monthly Report

    Saundra McDaniel

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

  • PUBLIC HEARINGS

    38. Amend Rule 1148.1 – Oil and Gas Production Wells

    Philip Fine

    (909) 396-2239
    (Continued from June 5, 2015 Board Meeting)
    (Webeditor's note: Attachment G has been replaced to correct a formatting error associated with the checklists in Chapter 2, but does not change any text, analysis or conclusions in the Final Environmental Assessment.)
    The proposed amendment seeks to provide enforceable mechanisms to reduce odor nuisance potential from emissions associated with oil and gas production facility operations and also updates rule language to promote clarity, consistency and enforceability. The proposed amendment: requires use of odor mitigation best practices; requires facilities located within 1,500 feet of a sensitive receptor to conduct and submit a specific cause analysis for any confirmed odor event; and requires facilities with continuing odor issues to develop and implement an approved Odor Mitigation Plan.  This action is to adopt the resolution: 1) Certifying the Final Environmental Assessment for Proposed Amended Rule 1148.1 - Oil and Gas Production Wells; and 2) Amending Rule 1148.1 - Oil and Gas Production Wells. (Reviewed: Stationary Source Committee, February 20 and April 17, 2015)

  • 39. Amend Rule 1148.2 - Notification and Reporting Requirements for Oil and Gas Wells and Chemical Suppliers

    Philip Fine

    (909) 396-2239
    (Continued from June 5, 2015 Board Meeting)
    Rule 1148.2 was adopted April 5, 2013 to establish requirements for owners or operators of oil and gas wells to notify the Executive Officer when conducting well drilling, well reworking, hydraulic fracturing, and other well production stimulation activities. The rule also includes reporting requirements for operators and chemical suppliers to report trade secret and non-trade secret chemicals used. The California Department of Conservation, through its Division of Oil, Gas, and Geothermal Resources (DOGGR) has approved Well Stimulation Treatment Regulations in response to the passage of SB 4 on December 30, 2014. Chemical reporting requirements for chemicals claimed as trade secret are different between the new DOGGR regulation and Rule 1148.2. Proposed Amended Rule 1148.2 includes revisions to the chemical reporting requirements to be consistent with DOGGR’s regulation. This action is to adopt the resolution: 1) Determining that the proposed amendments to Rule 1148.2 are exempt from the CEQA; and 2) Amending Rule 1148.2 – Notification and Reporting Requirements for Oil and Gas Wells and Chemical Suppliers. (Reviewed: Stationary Source Committee, April 17, 2015)

  • OTHER BUSINESS

    40. Request to U.S. EPA to Reclassify South Coast Air Basin as Serious Nonattainment for 24-hour PM2.5 NAAQS

    Philip Fine

    (909) 396-2239
    Based on validated ambient 24-hour PM2.5 measurements at the Mira Loma monitoring station in the first quarter of 2015, the Basin will not attain the NAAQS by the moderate area statutory deadline of 2015, largely due to the lack of rainy days in January and February. Under the Clean Air Act, the U.S. EPA may reclassify as a serious nonattainment area any area that cannot practicably attain the NAAQS by the attainment date. This action is to request approval to transmit a letter to U.S. EPA to request this “bump up” to a serious classification, while emphasizing the need for the federal government to do their fair share to control air pollution sources under their jurisdiction. (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)

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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);

  • 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) and SCAQMD v. STB, et al., U.S. Court of Appeals, Ninth Circuit, Case No. 15-70609 (appeal of STB Decision);

  • 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);

  • SCAQMD v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 15-71600 (Pechanga Redesignation);

  • Sierra Club v. County of Fresno, California Supreme Court Case No. S219783 (amicus brief);

  • 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).

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).

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

It is also necessary for the Board to recess to closed session pursuant to Government Code section 54956.9(b) due to significant exposure to litigation (one case).

PUBLIC EMPLOYEE DISCIPLINE / DISMISSAL / RELEASE

In addition, it is also necessary for the Board to recess to closed session pursuant to Government Code section 54957 regarding public employee discipline/dismissal/release.


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
OEHHA = Office of Environmental Health Hazard Assessment Assessment Monitoring Stations
PAMS = Photochemical Assessment Monitoring Stations
PAR = Proposed Amended Rule
PEV = Plug-In Electric Vehicle
PHEV = Plug-In Hybrid Electric Vehicle
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
SOON = Surplus Off-Road Opt-in for NOX
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

© 2024 South Coast Air Quality Management District