Call To Order

Download the complete agenda here.

• 1. Approve Minutes of October 5, 2018 Board Meeting

  Denise Garzaro

  (909) 396-2500
  

• 2. Set Public Hearings December 7, 2018 to Consider Adoption of and/or Amendments to SCAQMD Rules and Regulations

  Wayne Nastri

  (909) 396-3131
  Nakamura (909) 396-3105
  A. Certify the Final Environmental Assessment and Adopt Rule 1118.1 - Control of Emissions from Non-Refinery Flares
  
  Proposed Rule 1118.1 applies to RECLAIM and non-RECLAIM facilities that operate non-refinery flares located at landfills, wastewater treatment plants, oil and gas production facilities, organic liquid loading stations, and tank farms. The proposed rule will implement, in part, the 2016 Air Quality Management Plan Control Measure CMB-03 - Emission Reductions from Non-Refinery Flares and facilitate the transition of the NOx RECLAIM program to a command-and-control regulatory structure.  Proposed requirements include NOx and VOC emission limits that reflect BARCT standards and a capacity threshold.   Additionally, Proposed Rule 1118.1 establishes provisions for source testing, monitoring, reporting, recordkeeping, and provides exemptions for low-use and low-emitting flares. This action is to adopt the Resolution: 1) Certifying the Final Environmental Assessment for Proposed Rule 1118.1 - Control of Emissions from Non-Refinery Flares, and 2) Adopting Proposed Rule 1118.1 - Control of Emissions from Non-Refinery Flares. (Reviewed: Stationary Source Committee, October 19, 2018)
  
  
  Fine (909) 396-2239
  B. Certify Final Subsequent Environmental Assessment and Amend Rules 1146, 1146.1, 1146.2 and Adopt Rule 1100
  
  The adoption Resolution of the 2016 AQMP directed staff to achieve additional NOx emission reductions and to transition the RECLAIM program to a command-and-control regulatory structure as soon as practicable. Proposed Amended Rules 1146, 1146.1 and 1146.2 updates NOx emission limits for boilers, heaters, and steam generators applicable to these rules.  The revised NOx emission limits represent BARCT and apply to RECLAIM and non-RECLAIM facilities.  Proposed Rule 1100 establishes the compliance schedule for equipment at RECLAIM facilities that are subject to Proposed Amended Rules 1146 and 1146.1.  PAR 1146.2 includes the compliance schedule for equipment regulated under this rule.  This action is to adopt the Resolution: 1) Certifying the Final Subsequent Environmental Assessment for Proposed Amended Rules 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional and Commercial Boilers, Steam Generators, and Process Heaters; 1146.1 - Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters; 1146.2 - Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers and Process Heaters; and Proposed Rule 1100 - Implementation Schedule for NOx Facilities; 2) Amending Rules 1146, 1146.1, and 1146.2; and 3) Adopting Rule 1100. (Reviewed: Stationary Source Committee,  April 20 and October 19, 2018)

• Budget/Fiscal Impact

  3. Execute Contract for Expansion of Hydrogen Fueling Station

  Matt Miyasato

  (909) 396-3249
  The University of California Irvine (UCI) has requested cofunding for the expansion of its hydrogen fueling station to add additional capacity including more fueling positions to serve the increasing number of fuel cell cars and buses utilizing the station.  The MSRC has approved $1 million in cost-share and the CEC is considering providing $400,000 in cost-share for this $1.8 million project.  This action is to execute a contract with UCI for expansion of their hydrogen fueling station in an amount not to exceed $400,000 from the Clean Fuels Program Fund (31).  (Reviewed: Technology Committee, October 19, 2018; Recommended for Approval)

• 4. Develop and Demonstrate Zero Emissions Heavy-Duty Trucks, Freight Handling Equipment, EV Infrastructure and Renewable Energy

  Matt Miyasato

  (909) 396-3249
  SCAQMD received an award of $44,839,686 to develop and demonstrate zero emissions heavy-duty trucks, freight handling equipment, EV infrastructure and renewable energy under CARB’s Low Carbon Transportation Greenhouse Gas Reduction Fund Investments.  Volvo Group North America and its project partners are providing $41,855,308.  These actions are to recognize $44,839,686 and transfer $14,000,000 ($4,000,000 for SCAQMD’s project cost-share and $10,000,000 for temporary advance of funds) from the Clean Fuels Program Fund (31) into the GHG Reduction Projects Special Revenue Fund (67).  This action is to also execute contracts in an amount not to exceed $46,688,250 to implement this project.  Out of the $2,151,436 allocated in CARB’s grant for administrative expenses, these actions are to reimburse the General Fund up to $1,972,936 from Fund 67 for administrative costs and transfer $178,500 from Fund 67 to Fund 31 to execute a contract modification for administrative project implementation support.  Finally, these actions are to authorize the Executive Officer to execute a contract modification and redistribute administrative funds to augment project funds on an as-needed basis.  (Reviewed: Technology Committee, October 19, 2018; Recommended for Approval)

• 5. Approve Awards for Heavy-Duty Diesel Drayage Truck Replacement Projects

  Matt Miyasato

  (909) 396-3249
  On November 3, 2017, the Board recognized $1,050,000 from U.S. EPA’s 2017 Diesel Emissions Reduction Act (DERA) and issued a Program Announcement to solicit applications for the replacement of heavy-duty diesel drayage trucks with natural gas trucks as well as the transfer of the replaced diesel trucks to Washington State to replace older dirtier diesel trucks, which would then be scrapped.  This action is to approve awards to replace 2012 or newer heavy-duty diesel drayage trucks with near-zero NOx emissions natural gas trucks in an amount not to exceed $1,000,000 from U.S. EPA’s 2017 DERA Grant in the Advanced Technology, Outreach and Education Fund (17).  (Reviewed: Technology Committee, October 19, 2018; Recommended for Approval)

• 6. Establish Special Revenue Fund, Recognize Revenue, Execute Agreements for Volkswagen Environmental Mitigation Program and Transfer Funds

  Fred Minassian

  (909) 396-2641
  On May 25, 2018, CARB approved the Beneficiary Mitigation Plan for the Volkswagen (VW) Environmental Mitigation Trust.  This plan identifies five funding categories for the State’s $423 million allocation of the VW Environmental Mitigation Trust.  The funded projects are intended to mitigate the excess NOx emissions caused by the VW vehicles.  SCAQMD has been identified by CARB as the administrator of two project funding categories—the Zero Emissions Class 8 Freight and Port Drayage Trucks and the Combustion Freight and Marine Projects.  These actions are to establish the VW Mitigation Special Revenue Fund (79), recognize revenue up to $150 million into this special revenue fund, execute an agreement with CARB to administer and implement the two project funding categories, execute a Memorandum(s) of Agreement with other air districts, as needed, to assist in administering this program, and transfer funds from the VW Mitigation Special Revenue Fund (79) to the General Fund to reimburse administrative costs associated with the program. (Reviewed: Technology Committee, October 19, 2018; Recommended for Approval)

• 7. Adopt Resolution Recognizing Funds for FY 2017-18 Carl Moyer State Reserve Program, Execute Contracts for FY 2017-18 “Year 20” Carl Moyer Program, SOON Provision and Community Air Protection AB 134 Program, Amend Awards and Transfer Funds

  Fred Minassian

  (909) 396-2641
  In June 2018, Program Announcements for the “Year 20” Carl Moyer Program and SOON Provision closed.  This year, in addition to the traditional sources of Carl Moyer SB 1107 and AB 923 funds, funding from the Community Air Protection AB 134, State Reserve, FARMER and Voluntary NOx Remediation Measure Programs can also be used to fund Carl Moyer and SOON Provision projects.  This action is to adopt a Resolution recognizing up to $3.1 million in Carl Moyer State Reserve funds from CARB with its terms and conditions for  FY 2017-18.  These actions are to also execute contracts for the “Year 20” Carl Moyer, SOON Provision and Community Air Protection AB 134 Programs totaling $63,541,435, comprising $35,559,645 from the Carl Moyer Program Fund (32) and $27,981,790 from the Community Air Protection AB 134 Fund (77).  These actions are to also amend two “Year 19” Carl Moyer awards, adding $117,754 from the Carl Moyer Program SB 1107 Fund (32), and transfer $2 million from the Carl Moyer Program AB 923 Fund (80) to the Voucher Incentive Program Fund (59) for truck replacements.  (Reviewed: Technology Committee, October 19, 2018; Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

• 8. Issue RFP for Health Study of Impacts of Well Rupture at Aliso Canyon

  Jo Kay Ghosh

  (909) 396-2582
  In 2017, the settlement agreement between SCAQMD and Southern California Gas Company allocated $1 million toward a health study of the impacts associated with the gas leak at the Aliso Canyon storage facility. This action is to release an RFP to solicit bids for potential projects to conduct data integration and exposure modeling, in an amount not to exceed $1 million. Results of this work will include information about the concentrations, timing of exposures and spatial patterns of pollutants from the Aliso Canyon gas leak in the community before, during and after the incident. The RFP was developed in close coordination with SCAQMD’s Health Study Technical Advisory Group. This work will provide essential information on exposures and health data that will help inform the health study to be conducted by the Los Angeles County Department of Public Health. (Reviewed: Administrative Committee, October 12, 2018; Recommended for Approval)

• 9. Issue RFP to Evaluate Meteorological Factors and Trends Contributing to Recent Poor Air Quality in South Coast Air Basin

  Sarah Rees

  (909) 396-2856
  Despite significant air quality improvements achieved over the last several decades, the South Coast Air Basin (SCAB) has experienced high ozone levels in recent years. Recent high temperatures and increased air stagnation have contributed to increased ozone levels despite continuing reductions in emissions. To assess these recent trends, staff is proposing to conduct a comprehensive study to evaluate trends in meteorological factors that can adversely impact air quality in the SCAB. The study will assist staff to better understand whether recent weather trends are expected to continue and the relationship to a changing climate, thus informing the development of more effective strategies for improving air quality in the future. This action is to issue an RFP to solicit bids to perform a comprehensive meteorological study to evaluate various factors and trends conducive to recent poor air quality in the SCAB. (Reviewed: Mobile Source Committee, October 19, 2018; Recommended for Approval)

• 10. Amend Contracts for Legislative Representation in Sacramento, California

  Derrick Alatorre

  (909) 396-3122
  The current contracts for legislative representation in Sacramento expire on December 31, 2018 for The Quintana Cruz Company, Joe A. Gonsalves & Son, and California Advisors, LLC.  Based upon the firms’ effective performance during the first year of their current contracts, this action is to approve the first one-year extension of the contract with The Quintana Cruz Company in the amount of $103,500; Joe A. Gonsalves & Son in the amount of $143,000; and California Advisors, LLC in the amount of $103,500 for legislative lobbying services in Sacramento for Calendar Year 2019.  Sufficient funding is available in the Legislative, Public Affairs & Media FY 2018-19 Budget. (Reviewed: Administrative Committee, October 12, 2018; Recommended for Approval)

• 11. Recognize Revenue and Execute Agreements for Installation and Maintenance of Air Filtration Systems

  Bayron Gilchrist

  (909) 396-3459
  SCAQMD has executed a settlement agreement with Rainbow Transfer/Recycling, Inc., to install and maintain air filtration systems at schools.  This action is to recognize up to $250,000 into the Air Filtration Fund (75).  These actions are to also execute a contract to install and maintain air filtration systems at schools in an amount not to exceed $250,000 from the Air Filtration Fund (75) and execute an agreement with the local school district in Huntington Beach near the transfer facility.  (Reviewed: Technology Committee, October 19, 2018; Recommended for Approval)

• 12. Approve Contract Awards and Modifications Approved by MSRC

  
  McCallon
  
  As part of their FYs 2016-18 Work Program, the MSRC approved new contracts under the Local Government Partnership Program.  The MSRC also approved modifications to contracts under the Near-Zero Engine Incentive Program and for programmatic outreach services as part of their FYs 2014-16 Work Program, and a modified award under the Natural Gas Infrastructure Program as part of their FYs 2016-18 Work Program.  At this time the MSRC seeks Board approval of the contract awards and modifications as part of the FYs 2014-16 and 2016-18 Work Programs.  (Reviewed: Mobile Source Air Pollution Reduction Review Committee, October 23, 2018; Recommended for Approval)

• Action Item/No Fiscal Impact

  13. Establish Board Meeting Schedule for Calendar Year 2019

  Wayne Nastri

  (909) 396-3131
  The proposed Board Meeting Schedule for Calendar Year 2019 is submitted for Board consideration.  The Administrative Committee meeting schedule (second Friday of the month), as well as the other standing committee meetings, is included for information only.  (Reviewed: Administrative Committee, October 12, 2018; Recommended for Approval)

• Items 14 through 19 - Information Only/Receive and File

  14. Legislative, Public Affairs, and Media Report

  Derrick Alatorre

  (909) 396-3122
  This report highlights the September 2018 outreach activities of the Legislative, Public Affairs and Media Office, which includes: Major Events, Community Events/Public Meetings, Environmental Justice Update, Speakers Bureau/Visitor Services, Communications Center, Public Information Center, Business Assistance, Media Relations and Outreach to Business and Federal, State, and Local Government.  (No Committee Review)

• 15. Hearing Board Report

  Julie Prussack

  (909) 396-2822
  This reports the actions taken by the Hearing Board during the period of September 1 through September 30, 2018.  (No Committee Review)

• 16. Civil Filings and Civil Penalties Report

  Bayron Gilchrist

  (909) 396-3459
  This reports the monthly penalties from September 1, 2018 through September 30, 2018, and legal actions filed by the General Counsel's Office from September 1, 2018 through September 30, 2018.  An Index of District Rules is attached with the penalty report.  (Reviewed: Stationary Source Committee, October 19, 2018)

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

  Susan Nakamura

  (909) 396-3105
  This report provides, for the Board's consideration, a listing of CEQA documents received by the SCAQMD between September 1, 2018 and September 30, 2018, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA.  (Reviewed: Mobile Source Committee, October 19, 2018)

• 18. Rule and Control Measure Forecast

  Philip Fine

  (909) 396-2239
  This report highlights SCAQMD rulemaking activities and public workshops potentially scheduled for 2018 and portions of 2019.  (No Committee Review)

• 19. Status Report on Major Ongoing and Upcoming Projects for Information Management

  Ron Moskowitz

  (909) 396-3329
  Information Management is responsible for data systems management services in support of all SCAQMD operations.  This action is to provide the monthly status report on major automation contracts and planned projects.  (Reviewed:  Administrative Committee, October 12, 2018)

• 20. Items Deferred from Consent Calendar

  
  

• BOARD CALENDAR

  Note:  The October meeting of the Legislative Committee was canceled.  The next meeting of the Legislative Committee is scheduled for November 9, 2018.

  21. Administrative Committee

  Wayne Nastri

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

• 22. Mobile Source Committee

  Philip Fine

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

• 23. Stationary Source Committee

  Laki Tisopulos

  (909) 396-3123
  Chair: Benoit
  (Receive & File)

• 24. Technology Committee

  Matt Miyasato

  (909) 396-3249
  Chair: Buscaino
  (Receive & File)

• 25. Mobile Source Air Pollution Reduction Review Committee

  Fred Minassian

  (909) 396-2641
  Board Liaison: Benoit
  (Receive & File)

• 26. California Air Resources Board Monthly Report

  Denise Garzaro

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

• PUBLIC HEARINGS

  27. Certify Final Mitigated Subsequent Environmental Assessment and Amend Rule 1135 - Emissions of Oxides of Nitrogen from Electricity Generating Facilities

  Susan Nakamura

  (909) 396-3105
  The adoption Resolution of the 2016 AQMP directed staff to achieve additional NOx emission reductions and to transition the RECLAIM program to a command-and-control regulatory structure as soon as practicable.  Proposed Amended Rule 1135 applies to RECLAIM and non-RECLAIM electricity generating facilities and is being amended to update NOx emission limits to reflect current BARCT, establish an ammonia emission limit, and provide implementation timeframes to facilitate the transition of the NOx RECLAIM program to a command-and-control regulatory structure.  The provisions in the proposed amended rule apply to RECLAIM and non-RECLAIM electricity generating facilities.  Other provisions are incorporated to remove obsolete provisions, update provisions for monitoring, reporting, and recordkeeping, and provide clarifications. This action is to adopt the Resolution: 1) Certifying the Final Mitigated Subsequent Environmental Assessment for Proposed Amended Rule 1135 – Emissions of Oxides of Nitrogen from Electricity Generating Facilities, and 2) Amending Rule 1135 – Emissions of Oxides of Nitrogen from Electricity Generating Facilities. (Reviewed: Stationary Source Committee, August 17, 2018)

• 28. Determine that Proposed Rule 1407.1 – Emissions of Toxic Air Contaminants from Chromium Alloy Melting Operations Is Exempt from CEQA and Adopt Rule 1407.1

  Susan Nakamura

  (909) 396-3105
  Proposed Rule 1407.1 is an information gathering rule that will require a one-time source test and submittal of information to quantify arsenic, cadmium, chromium, hexavalent chromium and nickel emissions from chromium alloy melting operations. Information obtained will be used to establish emission standards and other provisions. Proposed Rule 1407.1 also includes requirements for metals composition testing, recordkeeping, and reporting. This action is to adopt the Resolution: 1) Determining that Proposed Rule 1407.1 – Emissions of Toxic Air Contaminants from Chromium Alloy Melting Operations is exempt from the requirements of the California Environmental Quality Act; and 2) Adopting Rule 1407.1 – Emissions of Toxic Air Contaminants from Chromium Alloy Melting Operations. (Reviewed: Stationary Source Committee, September 21, 2018)

• 29. Certify Revised Final Environmental Assessment and Amend Rule 1469 – Hexavalent Chromium Emissions from Chromium Electroplating and Chromic Acid Anodizing Operations

  Susan Nakamura

  (909) 396-3105
  Proposed Amended Rule (PAR) 1469 proposes new requirements to control hexavalent chromium-containing tanks that are currently not regulated. In addition, PAR 1469 establishes requirements for building enclosures, housekeeping and best management practices, periodic source testing, and parameter monitoring of pollution control equipment. PAR 1469 includes provisions for a revised chemical fume suppressant certification process that further considers toxicity and exposure, provisions to encourage the elimination of hexavalent chromium in Rule 1469 processes, and revisions to align Rule 1469 with the U.S. EPA National Emission Standards for Hazardous Air Pollutant for Chromium Electroplating. This action is to adopt the Resolution: 1) Certifying the Revised Final Environmental Assessment for Proposed Amended Rule 1469 – Hexavalent Chromium Emissions from Chromium Electroplating and Chromic Acid Anodizing Operations; and 2) Amending Rule 1469 – Hexavalent Chromium Emissions from Chromium Electroplating and Chromic Acid Anodizing Operations. (Reviewed: Stationary Source Committee, November 17, 2017, February 16, March 16, April 20, July 20, and October 19, 2018)

• 30. Determine that Updated 1-Hour Ozone Standard Attainment Demonstration Is Exempt from CEQA and Approve Updated 1-Hour Ozone Standard Attainment Demonstration

  Philip Fine

  (909) 396-2239
  Staff has updated the attainment demonstration of the federal 1979 1-hour ozone standard that was presented in the 2016 AQMP. The attainment demonstration has been updated to reflect a revised emission inventory, revised air quality modeling, and an updated attainment strategy. The emissions inventory in the updated attainment demonstration is now consistent with the final emissions inventory in the 2016 AQMP that was used for the 8-hour ozone and PM2.5 standards attainment demonstrations. The attainment strategy relies only on SCAQMD’s proposed control measures in the 2016 AQMP, and does not include emission reductions from CARB’s State Implementation Plan strategies including CARB’s further deployment of advanced technology measures. No new control measures are being proposed, and all control measures in the 2016 AQMP remain in place for the 8-hour ozone standards.  This action is to: 1) Determine that the updated 1-hour ozone standard attainment demonstration is exempt from the requirements of the California Environmental Quality Act; and 2) Approve the updated 1-hour ozone standard attainment demonstration. (Reviewed:  Mobile Source Committee, October 19, 2018)
  
  

  CONFLICT OF INTEREST DISCLOSURES – (No Written Material)
  Under the approval authority of the Executive Officer the District will enter into a contract modification with Today’s Fresh Start Charter School (Contract No. G18063A).  Governing Board Member Dr. Clark Parker has advised that his wife is a non-compensated superintendent of this non-profit corporation.  Although there is no perceived financial benefit, out of an abundance of caution Dr. Parker abstained from any participation in the making of the contract modification.
  
  Under the approval authority of the Executive Officer the District will enter into contract modifications with Transportation Power, Inc. (Contract No. 160462), University of California, Riverside (UCR) (Contract Nos. C156074 & C172861), and IQAir North America, Inc. (IQAir) (Contract Nos. C180891 & C180971), as well as a License Agreement with Los Angeles Department of Water and Power (LADWP) (Contract No. 19148). Transportation Power, UCR, IQAir, and LADWP 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 contract modifications and license agreement.