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Governing Board Meeting Agenda: March 6, 2015

SCAQMD Special Meeting in Long Beach

A special meeting of the South Coast Air Quality Management District Board will be held in the Council Chambers at Long Beach City Hall, 333 West Ocean Blvd, Long Beach, California.

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

  • Overview of Efforts by Port of Long Beach to Develop an Enhanced Energy Sustainability Program with Associated Air Quality Benefits – (No Written Material), Burke


CONSENT CALENDAR (Items 1 through 17)

Note: Consent Calendar items held for discussion will be moved to Item No. 18


Download the complete agenda here.


  • 2. Set Public Hearings April 3, 2015 to Consider Amendments and/or Adoption to SCAQMD Rules and Regulations

    Barry Wallerstein

    (909) 396-3131

    A.  Amend Regulation IX - Standards of Performance for New Stationary Sources, and Regulation X - National Emission Standards for Hazardous Air Pollutants

    Philip Fine (909) 396-2239
    Amendments to Regulations IX and X are periodically made to incorporate new or amended federal performance standards that have been enacted by U.S. EPA for stationary sources. These standards are currently in effect and enforceable by SCAQMD pursuant to the federal Clean Air Act, regardless of whether SCAQMD incorporates them into Regulations IX and X. The Board has historically adopted NSPS (40 CFR 60) and NESHAPS (40 CFR 61) into Regulations IX and X, by reference, thus providing stationary sources with a single source of information for determining which federal and local requirements apply to their specific operations. The NSPS and NESHAPS actions by U.S. EPA, primarily from July 1, 2011 to December 31, 2014, are proposed for incorporation into Regulations IX and X, respectively, including new performance standards for certain oil and gas operations not covered by previous EPA regulation. The actions also include amendments to previous provisions of twelve NSPS standards and two NESHAPS standards. (Reviewed: Stationary Source Committee, February 20, 2015) 

    B. Receive Public Input on Executive Officer's Draft Goals and Priority Objectives for FY 2015-16

    Barry Wallerstein 909-396-3131 
    A set of draft goals for the FY 2015-16 Budget has been developed. The Executive Officer wishes to receive public and Board Member input on these goals and priority objectives as they serve as the foundation of SCAQMD's Work Program. (Reviewed: Administrative Committee, February 13, 2015)

  • Budget/Fiscal Impact

    3. Adopt Resolution Recognizing Funds and Accepting Terms and Conditions for FY 2014-15 Carl Moyer Program Award, Issue Program Announcements for Carl Moyer Program and SOON Provision, and Execute and Amend Contracts

    Matt Miyasato

    (909) 396-3249
    These actions are to adopt a resolution recognizing $25,523,118 in Carl Moyer Program grant awards from CARB under SB 1107 with its terms and conditions for FY 2014-15 and to approve the release of Program Announcements for the FY 2014-15 “Year 17” Carl Moyer Program and SOON Provision to provide incentive funding for low-emitting on- and off-road vehicles and equipment.  Additionally, these actions are to execute contracts in the amount of $2,533,900 from the Carl Moyer Program SB 1107 Fund (32) and amend contracts in the amount of $199,659 from the Carl Moyer and Proposition 1B Programs.  (Reviewed: Technology Committee, February 20, 2015; Recommended for Approval)

  • 4. Execute and Modify Contracts for Hydrogen Station Upgrades and Related Work

    Matt Miyasato

    (909) 396-3249

    Last year, the Board approved contracts for hydrogen station upgrades in the South Coast Air Basin. While these stations are being upgraded, equipment must be taken out of service. To continue to provide hydrogen fuel to customers at stations being upgraded, CEC through PON 13-607 provided $999,677 to develop and deploy a commercial mobile hydrogen fueler at stations going offline for the equipment upgrade transition. This action is to cofund development and demonstration of the commercial mobile hydrogen fueler up to $200,000 from the Clean Fuels Fund (31).  These actions are to also modify a previous award for Mebtahi’s hydrogen station upgrade adding $400,000 and to amend a technical assistance contract adding $50,000 to evaluate upgraded hydrogen equipment from the Hydrogen Fueling Infrastructure Network Fund (63).  Finally, temporary loans of $201,461 and $297,460 from the Clean Fuels Fund (31) to the Hydrogen Fueling Infrastructure Fund (63) and Hydrogen Fueling Station Special Revenue Fund (55), respectively, are required until CEC revenue is received to implement hydrogen station upgrades and readiness efforts.  (Reviewed: Technology Committee, February 20, 2015; Recommended for Approval)

  • 5. Issue Program Announcement for School Bus Replacements and Retrofits

    Matt Miyasato

    (909) 396-3249

    Since 2001, the SCAQMD has replaced over 1,400 pre-1994 school buses and retrofitted nearly 3,400 school buses. The Carl Moyer AB 923 funds can be utilized for replacement and retrofit of school buses. This action is to approve the issuance of a Program Announcement to replace pre-1994 school buses with new alternative fuel buses and to retrofit 1994 to 2006 model year school buses with particulate traps. (Reviewed: Technology Committee, February 20, 2015; Recommended for Approval)

  • 6. Support Utility Electric Vehicle Charging Program

    Matt Miyasato

    (909) 396-3249
    Southern California Edison (SCE) has applied to the California Public Utilities Commission (CPUC) to conduct a two-phase electric vehicle charging implementation and market education program “Charge Ready.”  The first phase is a pilot program, which is limited in scope with the total cost to be recovered from the ratepayer and intended to provide valuable information related to further deployment of infrastructure and ratepayer benefits. The second phase would implement a much larger number of charging stations over four years based on the results from the Phase 1 Pilot Program.  This action is to convey to the CPUC the SCAQMD’s support of SCE’s “Charge Ready” Phase 1 Pilot Program.  (Reviewed: Technology Committee,   February 20, 2015; Recommended for Approval)

  • 7. Approve SCAQMD Annual Investment Policy, Delegation of Authority to Appointed Treasurer to Invest SCAQMD Funds, Delegation of Authority to Appoint Acting Treasurer and Revised Treasury Operations Contingency Plan and Procedures

    Michael O'Kelly

    (909) 396-2828
    State law requires a local government entity annually to provide a statement of investment policy for consideration at a public meeting and to renew its delegation of authority to its treasurer to invest or reinvest funds of the local agency. In addition, the existing delegation of authority to appoint an acting Treasurer and Treasury Operations Contingency Plan and Procedures are being renewed and revised. (Reviewed: Investment Oversight Committee, February 20, 2015; Recommended for Approval)

  • 8. Appropriate Funds from Designation for Litigation and Enforcement and Authorize Amending/Initiating Contracts with Outside Counsel and Specialized Legal Services

    Kurt Wiese

    (909) 396-3460
    Legal is currently being assisted in environmental lawsuits by outside law firms and in other matters requiring specialized legal counsel and services. This action is to appropriate $500,000 from the Designation for Litigation and Enforcement, to FY 2014-15 Legal Budget and amend or initiate contracts to expend these funds with prequalified counsel approved by the Board as well as specialized legal counsel and services.  (Reviewed: Administrative Committee, February 13, 2015; Recommended for Approval)

  • 9. Approve Salary Adjustments for Executive Officer and General Counsel and Revisions to Employment Contracts


    Burke
    The Personnel Committee recommends the Executive Officer and General Counsel receive the same salary adjustments to those provided to employees in the Technical/Enforcement & Office Clerical and Maintenance bargaining units, effective with the first pay period encompassing January 1, 2015. Funding for these increases is available in the FY 2014-15 Budget. This action is to present the Committee’s recommendation to the Board for consideration and approval. (Reviewed: Personnel Committee, February 13, 2015)

  • Items 10 through 17 - Information Only/Receive and File

     

    10. Legislative and Public Affairs Report

    Lisha Smith

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

  • 11. Hearing Board Report

    Ed Camarena

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

  • 12. Civil Filings and Civil Penalties Report

    Kurt Wiese

    (909) 396-3460
    This reports the monthly penalties from January 1 through January 31, 2015, and legal actions filed by the General Counsel's Office from January 1 through January 31, 2015.  An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, February 20, 2015)

  • 13. 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 January 1, 2015 and January 31, 2015, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (Reviewed: Mobile Source Committee, February 20, 2015)

  • 14. 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)

  • 15. Report of RFQs Scheduled for Release in March

    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 March. (Reviewed: Administrative Committee, February 13, 2015; Recommended for Approval)

  • 16. FY 2014-15 Contract Activity

    Michael O'Kelly

    (909) 396-2828
    This report lists the number of contracts let during the first six months of FY 2014-15, the respective dollar amounts, award type, and the authorized contract signatory for SCAQMD. (No Committee Review)

  • 17. 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)

  • 18. Items Deferred from Consent Calendar


    BOARD CALENDAR

    19. Administrative Committee

    Barry Wallerstein

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

  • 20. Investment Oversight Committee

    Michael O'Kelly

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

  • 21. Legislative Committee

    Lisha Smith

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

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

    Agenda Item  Recommendation 
    2015 Legislative Goals and Objectives Approve
    SB 32 (Pavley) California Global Warming Solutions Act of 2006: Emissions Limit Support with Amendments
    AB 156 (Perea) California Global Warming Solutions Act of 2006: Investment Plan             Support
  • 22. Mobile Source Committee

    Elaine Chang

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

  • 23. Stationary Source Committee

    Mohsen Nazemi

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

  • 24. Technology Committee

    Matt Miyasato

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

  • 25. California Air Resources Board Monthly Report

    Saundra McDaniel

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

  • Staff Presentation/Board Discussion

    26. Proposed Work Plan for Implementing Office of Environmental Health Hazard Assessment’s Revised Air Toxics Hot Spots Program Risk Assessment Guidelines

    Elaine Chang

    (909) 396-3186
    The Office of Environmental Health Hazard Assessment (OEHHA) has revised the Air Toxics Hot Spots Program Risk Assessment Guidelines. The guidelines are designed to improve the way the state estimates potential lifetime health risk from air toxics and makes adjustments based on new science about both increased childhood exposure to and sensitivity to air toxics. The SCAQMD’s permitting program, AB2588 Hot Spots program, existing regulatory program, and CEQA guidelines rely on OEHHA’s guidelines for assessing health risks. As such, implementing the Revised Guidelines will have a variety of implications for SCAQMD’s air toxics program. Staff will present to the Board a Work Plan to implement the revised OEHHA guidelines. (No committee review).

    Presentation (PDF, 2MB)

  • 27. Proposed Comments on U.S. EPA’s Proposed Ozone Standard

    Philip Fine

    (909) 396-2239
    In November of 2014, U.S. EPA proposed to tighten the National Ambient Air Quality Standard (NAAQS) for 8-hour ozone from the current 75 ppb to a range of 65-70 ppb. The proposal also includes potential changes to the monitoring requirements for ozone and its precursors. Staff is recommending submitting comments to U.S. EPA similar to Board-approved comments submitted in 2010 when U.S. EPA proposed a similar standard that was never finalized. Additional comments are also recommended. This action is to seek Board approval to resubmit the original Board-approved comments, as well as the new supplemental comments, to U.S. EPA regarding their proposed revision to the NAAQS for ozone. (Reviewed: Mobile Source Committee, February 20, 2015; Recommended for Approval, with suggested changes)

  • PUBLIC HEARINGS

    28. 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.  SCAQMD staff is proposing to lower the point source emission rate limit, lower ambient lead concentration limits, increase the frequency of lead and arsenic monitoring to daily, and other provisions that will further reduce lead exposure and the accumulation of lead in the soil and surface dust.  This action is to adopt the resolution: 1) Certifying the Final Subsequent Environmental Assessment for Proposed Amended Rule 1420.1 – Emission Standards for Lead and Other Toxic Air Contaminants from Large Lead-acid Battery Recycling Facilities; and 2) Amending Rule 1420.1 – Emission Standards for Lead and Other Toxic Air Contaminants from Large Lead-Acid Battery Recycling Facilities. (Reviewed: Stationary Source Committee, November 21, 2014)

  • 29. Annual RECLAIM Audit Report for 2013 Compliance Year

    Mohsen Nazemi

    (909) 396-2662
    The annual report on the NOx and SOx RECLAIM program is prepared in accordance with Rule 2015 - Backstop Provisions. The report assesses emission reductions, availability of RECLAIM Trading Credits (RTCs) and their average annual prices, job impacts, compliance issues, and other measures of performance for the twentieth year of this program. In addition, recent trends in trading future year RTCs are analyzed and presented in this report. Further, a list of facilities that did not reconcile their emissions for the 2013 Compliance Year is included with the report. (Reviewed: Stationary Source Committee, February 20, 2015)

  • 30. Approve and Adopt Technology Advancement Office Clean Fuels Program Annual Report and Plan Update and Resolution and Receive and File Revised Membership of Technology Advancement Advisory Group

    Matt Miyasato

    (909) 396-3249

    Each year by March 31, the Technology Advancement Office must submit to the California Legislative Analyst an approved Annual Report for the past year and a Plan Update for the current calendar year. Staff has reviewed the Clean Fuels Program with the Clean Fuels Advisory Group, the Technology Advancement Advisory Group and other technical experts. Additionally, the 2015 Clean Fuels Program Draft Plan Update was presented to the Board for review and comment at its December 5, 2014 meeting. This action is to approve and adopt the final Technology Advancement Clean Fuels Program Annual Report for 2014 and 2015 Plan Update as well as the resolution finding that proposed projects do not duplicate any past or present programs and to receive and file the revised membership of the Technology Advancement Advisory Group. (Reviewed: Technology Committee, February 20, 2015; Recommended for Approval)

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

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);

  • NRDC v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 13-70544 (Rule 317);

  • 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. 12-70079 (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, 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).

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) 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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