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Governing Board Meeting Agenda: May 1, 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 Award to Elaine Chang, Burke

CONSENT CALENDAR (Items 1 through 18) 

Note: Consent Calendar items held for discussion will be moved to Item No. 19


Download the complete agenda here.


  • 2. Set Public Hearings June 5, 2015[1] to Consider Amendments and/or Adoption to SCAQMD Rules and Regulations


    A. Amend Rule 1148.1 – Oil and Gas Production Wells

    Phillip Fine 909-396-2239
    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. (Reviewed: Stationary Source Committee, February 20 and April 17, 2015)

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

    Elaine Chang 909-396-3186
    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. (Reviewed: Stationary Source Committee, April 17, 2015)


    [1] Note:  At the April 3, 2015 Board Meeting, the Board set a public hearing for June 5, 2015 to Adopt Proposed Amended Rules 212, 1401, 1401.1 and 1402.

  • Budget/Fiscal Impact

    3. Develop and Demonstrate Fuel Cell Hybrid Electric Medium-Duty Trucks

    Matt Miyasato

    (909) 396-3249

    The Center for Transportation and the Environment (CTE) was awarded $2,982,071 by DOE and $1,100,000 by CEC to develop and demonstrate fuel cell hybrid electric medium-duty trucks. CTE and their partner UPS propose to demonstrate up to six trucks in Los Angeles and Orange counties. This action is to execute a contract with CTE to develop and demonstrate fuel cell hybrid electric medium-duty trucks in an amount not to exceed $980,000 from the Clean Fuels Fund (31). (Reviewed: Technology Committee, April 17, 2015; Recommended for Approval)

  • 4. Execute Contract to Construct, Operate and Maintain Fast-Fill Public Access CNG Fueling Station at SCAQMD Headquarters and Authorize Property Usage Agreement

    Matt Miyasato

    (909) 396-3249

    On December 6, 2014, the Board issued an RFP to solicit bids for an independent contractor to upgrade, operate and maintain a fast-fill public access CNG fueling station at SCAQMD Headquarters. Two bids were received that would meet current and future CNG fueling needs for the SCAQMD’s natural gas fleet and the public. Staff recommends an award to the lowest cost qualified bidder. This action is to execute a contract as well as a property usage agreement with FirstCNG, LLC for a five-year term, with a renewal option for an additional five years. This action is to also augment the existing contract at a cost not to exceed $75,000 with Trillium CNG to continue operating and maintaining the existing station. Additionally, existing CNG fueling station equipment will be surplussed and any residual value received into the Fast-Fill CNG Fueling Station Enterprise Fund (71). (Reviewed: Technology Committee, April 17, 2015; Recommended for approval with direction to staff to have further discussion with the Executive Officer and Chair about relocating the station.)

  • 5. Issue RFP for CEQA Documentation Support to Prepare Program Environmental Impact Report for 2016 AQMP and Other CEQA-related Activities

    Philip Fine

    (909) 396-2239
    The SCAQMD requires additional resources to assist with CEQA–related activities for preparation of the 2016 AQMP Program Environmental Impact Report (EIR). This action is to issue an RFP to select one or more qualified contractors experienced in CEQA analysis and EIR preparation to assist staff with these activities. Funds for this proposal in an amount not to exceed $125,000 are included in the Proposed FY 2015-16 Budget. (Reviewed: Administrative Committee, April 10, 2015; Recommended for Approval)

  • 6. Recognize Revenue and Appropriate Funds for PM2.5 Monitoring Program and Issue Purchase Orders for Air Monitoring Equipment and CNG Vehicle

    Laki Tisopulos

    (909) 396-3123
    U.S. EPA has allocated Section 103 funds in the amount of $762,160 for the PM2.5 Program. This action is to recognize revenue and appropriate funds for the PM2.5 Monitoring Program and issue purchase orders for air monitoring equipment and one CNG vehicle. (Reviewed: Administrative Committee, April 10, 2015; Recommended for Approval)

  • 7. Execute Lease Contract for Mailing Equipment

    Bill Johnson

    (909) 396-3018
    On January 9, 2015, the Board approved the release of an RFQ to solicit lease proposals to replace the mailroom’s United States Postal Service-compliant mailing system and to lease additional equipment for folding, inserting, and addressing mail. This action is to execute a five-year lease agreement with Neopost Southwest District for the proposed mailing equipment. (Reviewed: Administrative Committee, April 10, 2015; Recommended for Approval)

  • 8. Establish New Classification of Career Development Intern

    Bill Johnson

    (909) 396-3018
    At its March 13, 2015 meeting, the Administrative Committee approved a proposal to establish a new program at SCAQMD to expose young adults (particularly those emancipated from the foster care system) to career opportunities, and assist them in gaining skills and knowledge necessary to compete for full-time employment. This action is to add the new classification of Career Development Intern; adopt the class specification; and adopt the resolution amending the Salary Resolution. (Reviewed: Administrative Committee, April 10, 2015; Recommended for Approval)

  • 9. Issue RFP for Evaluation and Improvement of SCAQMD’s Website

    Chris Marlia

    (909) 396-3148
    On April 6, 2012, the Board approved a contract for the redesign of SCAQMD’s website and the implementation of Web Content Management software. The redesigned and reorganized website, deployed on May 28, 2014, provides access to all of SCAQMD’s web-based content and incorporates a responsive design for mobile device viewing. This action is to issue an RFP to solicit bids from qualified firms to evaluate the current website, make recommendations for improvement and, upon approval, implement those improvements. (Reviewed: Administrative Committee, April 10, 2015; Recommended for Approval)

  • 10. Appointment of Members to SCAQMD Hearing Board

    Saundra McDaniel

    (909) 396-2500
    The terms of office for the Hearing Board Attorney Member and Engineer Member, and their Alternates, expire June 30, 2015.  An Advisory Committee was appointed as required by law. The Advisory Committee interviewed attorney member and engineer member candidates at its meeting on March 27, 2015, and made its recommendations to the Administrative Committee.  The Administrative Committee interviewed candidates at its meeting on April 3, 2015, and made a final recommendation. This action is to appoint members to fill the new terms. (Reviewed: Administrative Committee, April 3, 2015; Recommended for Approval)

  • 11. Issue Solicitations Approved by MSRC


    Pettis
    As part of their FYs 2014-16 AB 2766 Discretionary Fund Work Program, the MSRC approved the release of Program Announcements for the Alternative Fuel Infrastructure, Local Government Match, and Major Event Center Transportation Programs, as well as a Request for Proposals for MSRC Programmatic Outreach Services for January 2016 through December 2017. At this time the MSRC seeks Board approval to release the solicitations. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, April 16, 2015; Recommended for Approval)

  • Items 12 through 18 - Information Only/Receive and File

    12. Legislative and Public Affairs Report

    Lisha Smith

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

  • 13. Hearing Board Report

    Ed Camarena

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

  • 14. Civil Filings and Civil Penalties Report

    Kurt Wiese

    (909) 396-3460
    This reports the monthly penalties from March 1 through March 31, 2015, and legal actions filed by the General Counsel's Office from March 1 through March 31, 2015. An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, April 17, 2015)

  • 15. 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 March 1, 2015 and March 31, 2015, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (Reviewed: Mobile Source Committee, April 17, 2015)

  • 16. 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)

  • 17. Report of RFQs Scheduled for Release in May

    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 May. (Reviewed: Administrative Committee, April 10, 2015; Recommended for Approval)

  • 18. 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)

  • 19. Items Deferred from Consent Calendar

    BOARD CALENDAR

    20. Administrative Committee

    Barry Wallerstein

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

  • 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 

    H.R. 1308 (Lowenthal) Economy in Motion: The National Multimodal and Sustainable Freight Infrastructure Act Support
    SB 513 (Beall) Carl Moyer Memorial Air Quality Standards Attainment Program Support
    SB 350 (De León and Leno) Clean Energy and Pollution Reduction Act of 2015 Actively Monitor
    AB 335 (Patterson) Air Quality: Minor Violations                Oppose*

     

    *At their April 3, 2015 meeting, the Board was unable to act on the Legislative Committee’s recommendation to oppose AB 335 due to a lack of at least 7 votes in support or in opposition to the recommendation.  By operation of the Board’s procedures, this bill was continued and re-agendized for the May Board meeting.   
  • 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. Mobile Source Air Pollution Reduction Review Committee

    Henry Hogo

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

  • 26. California Air Resources Board Monthly Report

    Saundra McDaniel

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

  • Staff Presentation/Board Discussion

    27. Annual Meeting of Brain & Lung Tumor and Air Pollution Foundation

    Kurt Wiese

    (909) 396-3460
    (Continued from April 3, 2015 Meeting)
    This item is to conduct the annual meeting of the Brain & Lung Tumor and Air Pollution Foundation. The Foundation staff will present an annual report detailing the research supported by the Foundation over the past year, the Foundation's plans for the future, and a financial report. (No Committee Review)

  • 28. Final MATES IV Report

    Philip Fine

    (909) 396-2239
    The Multiple Air Toxics Exposure Study IV (MATES IV) is a monitoring and evaluation study conducted in the South Coast Air Basin (Basin). The study is a follow-up to previous air toxics studies in the Basin and is part of the South Coast Air Quality Management District Board Environmental Justice Initiative. The MATES IV Study consists of several elements. These include a monitoring program, an updated emissions inventory of toxic air contaminants, and a modeling effort to characterize risk across the Basin.  The study focuses on the carcinogenic risk from exposure to air toxics. Compared to previous studies of air toxics in the Basin, this study found decreasing air toxics exposure, with the estimated Basin-wide population-weighted risk down by over 50% from the analysis done for the MATES III time period. (Initial Board Review of Draft Report, October 3, 2014; Final Report, No Committee Review)

  • 29. Draft 2016 AQMP White Papers on Particulate Matter Controls and Volatile Organic Compound Controls

    Philip Fine

    (909) 396-2239
    Draft white papers have been prepared on particulate matter (PM) controls and volatile organic compound (VOC) controls, including the influence of VOCs on ozone and PM2.5 formation and recommended approaches to develop their attainment strategies. (Reviewed: Mobile Source Committee, April 17, 2015)

  • PUBLIC HEARINGS

    30. Adopt Executive Officer's FY 2015-16 SCAQMD Budget and Work Program and Authorize Mid-Year Budget Adjustments, Transfers, Purchase of Vehicles, and Hearing Board Compensation

    Michael O'Kelly

    (909) 396-2828
    The Executive Officer's Budget and Work Program for FY 2015-16 represents the input over the past several months from Board members, staff, and the public. This action requests the required appropriations and reserves necessary to adopt the proposed budget, including the approval of the SCAQMD FY 2015-16 Goals and Priority Objectives. The proposed budget incorporates the CPI adjustment pursuant to Rule 320 as well as the second year phase-in of the additional 3% increase to Annual Operating Permit Renewal and Permit Processing Fees to better align program costs with revenues. This action also includes requests for mid-year budget adjustments, a transfer to the Infrastructure Improvement Fund, the purchase of vehicles, and a change to Hearing Board compensation. (Reviewed: Budget Study Session, April 10, 2015)

  • 31. Amend Rule 2202 Employee Commute Reduction Program Guidelines

    Elaine Chang

    (909) 396-3186
    Amendments are proposed to the Rule 2202 Employee Commute Reduction Program Guidelines to streamline the annual reporting process and to incentivize better program performance. The proposal also provides administrative clarifications to address issues raised by stakeholders. This action is to adopt the resolution: 1) Certifying the Final Environmental Assessment for Proposed Amended Rule 2202 Employee Commute Reduction Program Guidelines; and 2) Amending Rule 2202 Employee Commute Reduction Program Guidelines. (Reviewed: Mobile Source Committee, March 20, 2015)

  • 32. Adopt Rule 2202 Emission Reduction Quantification Protocol for Electric Vehicle Charging Station Projects

    Henry Hogo

    (909) 396-3184
    The Los Angeles Department of Water and Power and Southern California Edison submitted an application under Rule 2202(f)(6) to generate emissions credits from the use of electric vehicle charging stations located at non-residential locations. The emissions credits would be used for compliance purposes under Rule 2202. At this time, there is no protocol that can be readily used to approve the application request. Under Rule 2202(f)(6), an emissions reduction quantification protocol must be developed and approved by the SCAQMD prior to approval of the application. Staff developed a quantification protocol that underwent a public process including an environmental review for the SCAQMD Board’s consideration. This action is to adopt the resolution: 1) Certifying the Final Environmental Assessment; and 2) Adopting Rule 2202 Emission Reduction Quantification Protocol for Electric Vehicle Charging Station Projects. (Reviewed: Mobile Source Committee, October 17, 2014 and March 20, 2015)


    CONFLICT OF INTEREST DISCLOSURES

    (No Written Material)
    Under the approval authority of the Executive Officer, the District will enter into a contract (Contract No. C15613) with Southern California Association of Governments and with the City of Burbank (Contract No. 15599).  The contractors are potential sources of income for Governing Board Member Joseph Lyou, which qualify for the remote interest exception of Section 1090 of the California Government Code.  Dr. Lyou abstained from any participation in the making of the contracts.

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);

  • 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) 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);

  • 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
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
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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