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Governing Board Meeting Agenda: September 4, 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

CONSENT CALENDAR (Items 1 through 25) 

Note: Consent Calendar items held for discussion will be moved to Item No. 26

Download the agenda only (PDF, no attachments)


Download the complete agenda here.


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

    Barry Wallerstein

    (909) 396-3131

    A.  Amend Rule 1106 – Marine and Pleasure Craft Coating Operations and Rescind Rule 1106.1 – Pleasure Craft Coating Operations

    Philip Fine (909) 396-2239
    The proposed amendment to Rule 1106 subsumes the requirements of Rule 1106.1, and revises VOC content limits for pretreatment wash primers, antenna repair and maintenance thermoplastic, inorganic zinc, and specialty marking coatings in order to align limits with U.S. EPA Control Techniques Guidelines and other California air districts, and adds new categories for marine aluminum antifoulant, mist, nonskid and organic zinc coatings and marine deck primer sealant.  The proposed amendment also adds provisions for pollution prevention measures, enhanced enforceability, and to promote clarity and consistency. (Reviewed: Stationary Source Committee, July 24, 2015)

  • Budget/Fiscal Impact

    3. Recognize and Appropriate Funds and Execute Contract for EV Charging Stations and Service at SCAQMD Headquarters and Release RFP for Installation

    Matt Miyasato

    (909) 396-3249
    Energy Policy LogoThe Board previously approved the release of an RFP to upgrade and expand EV charging infrastructure at SCAQMD headquarters. Subsequently, an RFP was released for engineering design services to prepare construction drawings for installation of electrical infrastructure and a utility meter for SCAQMD’s natural gas fueling station. A contractor was selected and the drawings will serve as a blueprint for installation. These actions are to: 1) recognize and appropriate $322,425 from the Clean Fuels Fund (31) into Science & Technology Advancement’s FY 2015-16 Budget; 2) execute a contract with Broadband TelCom Power, Inc. for EV hardware and control system at SCAQMD headquarters for up to $322,425 from Science & Technology Advancement’s FY 2015-16 Budget; and 3) release an RFP for contractor services to install the new EV charging stations and the required electrical infrastructure at SCAQMD headquarters. (Reviewed: Technology Committee, July 24, 2015; Recommended for Approval)

  • 4. Execute Contracts for FY 2013-14 “Year 16” Carl Moyer Multidistrict Program and Transfer Funds for Multidistrict Truck Projects under Voucher Incentive Program

    Fred Minassian

    (909) 396-2641
    On May 6, 2015, proposals were received in response to the Program Announcement issued for the “Year 16” Carl Moyer Multidistrict Program. These actions are to: 1) execute contracts in an amount not to exceed $1,380,560 from the Carl Moyer Program SB 1107 Multidistrict Fund (32); and 2) transfer $1,469,440 from the Carl Moyer Program SB 1107 Multidistrict Fund (32) to the Voucher Incentive Program Fund (59) to fund multidistrict truck replacement projects on a first come, first served basis. (Reviewed: Technology Committee, July 24, 2015; Recommended for Approval)

  • 5. Execute Contracts to Cosponsor Sustainable Transportation Energy Pathways 2015-2018 Program

    Matt Miyasato

    (909) 396-3249
    Energy Policy LogoThe Sustainable Transportation Energy Pathways (STEPS) Program at the U. C. Davis Institute of Transportation Studies is continuing their multidisciplinary research consortium that brings together the world’s leading automotive manufacturers, energy companies and government agencies to understand sustainable vehicle and energy solutions and requests continued funding for 2015 through 2018. This action is to execute a contract with U.C. Davis to cosponsor the STEPS 2015-2018 Program in an amount not to exceed $240,000 from the Clean Fuels Fund (31). (Reviewed: Technology Committee, July 24, 2015; Recommended for Approval)

  • 6. Establish Residential EV Charging Incentive Pilot Program

    Matt Miyasato

    (909) 396-3249
    Energy Policy LogoAn incentive program for residential EV charging will assist in accelerating deployment of PEVs. This action is to establish a residential EV charging incentive pilot program and authorize the Executive Officer to issue rebates to program participants in an amount not to exceed $500,000 from the Clean Fuels Fund (31). (Reviewed: Technology Committee, July 24, 2015; Recommended for Approval)

  • 7. Recognize Revenue and Appropriate Funds for AB 1318 Weatherization Projects

    Fred Minassian

    (909) 396-2641
    To enhance the SCAQMD’s AB 1318 Weatherization Program and reach more homes, SCAQMD has applied for residential rebates from the Southern California Gas Company (SoCalGas) and the Energy Upgrade California (EUC) initiative for additional installation of attic insulation in eligible homes.  Staff anticipates receiving up to $50,000 each from SoCalGas and EUC.  This action is to recognize up to $100,000 in the AB 1318 Mitigation Fees Fund (58).  (Reviewed: Administrative Committee, July 17, 2015. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  • 8. Execute Contract for Tier 4 Passenger Locomotives

    Fred Minassian

    (909) 396-2641
    At its February 1, 2013, and February 7, 2014 meetings, the Board approved awards to the Southern California Regional Rail Authority (SCRRA) in the amount of $52 million for the replacement of 20 passenger locomotives with new Tier 4 locomotives over a four-year period.  Under the “Year 16” Carl Moyer Program Announcement, SCRRA submitted a new proposal requesting $58.85 million for the replacement of an additional 17 and the purchase of 3 new Tier 4 passenger locomotives.  Staff has completed the evaluation of the project and confirmed its eligibility with CARB staff.  This action is to execute a contract with SCRRA in an amount not to exceed $22.85 million from the Carl Moyer Program AB 823 Fund (80).  The remaining $36 million requested by SCRRA will be considered over four phases in future Board requests. (Reviewed: Special Technology Committee, August 14, 2015; Recommended for Approval)

  • 9. Execute Contract for CEQA Consultant Assistance

    Jill Whynot

    (909) 396-3104
    At its May 1, 2015 meeting, the Board approved the release of an RFP to secure assistance with preparing the Program Environmental Impact Report for the 2016 Air Quality Management Plan and other tasks necessary for complying with the California Environmental Quality Act.  Four proposals were received and reviewed by a qualified panel.  Two proposals scored above the minimum number of points required for technical merit and were further evaluated and scored according to costs necessary to prepare the Program Environmental Impact Report.  This action is to award a time and materials contract to Environmental Audit Inc. for an amount not to exceed $125,000.  Funds for this contract are included in the FY 2015-16 Budget.  (Reviewed: Administrative Committee, July 17, 2015. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  • 10. Replace Cleveland Range Food Steamer in Cafeteria

    Bill Johnson

    (909) 396-3018
    The current cafeteria Cleveland Range pressureless convection steamer used for food preparation is over 23 years old. This equipment is at the end of its life cycle and beyond repair.  This action is to approve the purchase of a new Cleveland Range pressureless convection steamer in an amount not to exceed $18,903. Funding for this purchase is available in the Infrastructure Improvement Fund (02). (Reviewed: Special Administrative Committee, August 14, 2015; Recommended for Approval)

  • 11. Authorize Purchase of Audio-Visual System Upgrades in Hearing Board and GB Rooms

    Chris Marlia

    (909) 396-3148
    On April 3, 2015, the Board approved release of an RFP to select a vendor capable of upgrading SCAQMD’s audio-visual systems in the Hearing Board and GB rooms at the Diamond Bar headquarters. Due to the audio-visual limitations in both rooms, SCAQMD is seeking a contractor capable of implementing the SCAQMD’s engineering design, providing the required audio-visual functionality in both rooms. As a result of successful responses to this RFP, Digital Networks Group, Inc. was identified as the most capable and qualified vendor to provide the audio-visual system upgrades in the Hearing Board and GB rooms. This action is to approve the purchase of these services from Digital Networks Group, Inc. Funds ($339,676) are available in the FY 2015-16 Budget. (Reviewed: Administrative Committee, July 17, 2015. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  • 12. Approve Contribution for Endowment to University of California Riverside to Support County of Riverside, University of California Riverside, University of California Riverside CE-CERT, City of Riverside, and Riverside Public Utilities Proposal for CARB’s Southern California Consolidation Project

    Michael O'Kelly

    (909) 396-2828
    CARB is seeking a new and expanded facility in Southern California for vehicle emissions testing and office space for its Mobile Source related staff that are currently located in El Monte, California. The new facility is greatly expanded compared to the existing facility and will need to house a greater number of staff. An opportunity has arisen to support the overall Riverside proposal in a manner that could result in significant dividends for SCAQMD. Specifically, there is an opportunity to enhance the SCAQMD’s long-standing relationship with University of California Riverside through an Endowment that could provide additional training of SCAQMD staff, opportunities for enhanced candidate pools for mobile source related positions at SCAQMD, and additional opportunities for SCAQMD to partner on mobile source issues related to emissions characterization and control and strategy implementation. Staff recommends a $1 million Endowment from interest accrued in the BP Arco Settlement Projects Fund (46) toward the proposal being put forth by the Riverside Team for specific purposes. (Reviewed: Special Administrative Committee, August 14, 2015; Recommended for Approval)

  • 13. Revise Procurement Policy and Procedure

    Michael O'Kelly

    (909) 396-2828
    This action is to revise SCAQMD’s Procurement Policy and Procedure to incorporate “most favored customer” preference into the procurement process. (Reviewed: Administrative Committee, July 17, 2015. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  • 14. Authorize Executive Officer to Execute Agreement to Transfer Oversight of BP/SCAQMD Public Benefits Program to Board, Approve Administrative Changes to Existing Program Contracts, and Execute Contract for Air Pollution Health Effects Study

    Barry Wallerstein

    (909) 396-3131
    This action is to approve an agreement with BP to transfer oversight of the BP/SCAQMD Public Benefits Program to the Board, approve administrative changes for several current projects funded by the program, and to fund a health study related to the ability of ambient pollutants to exacerbate the development of an allergic response in an animal model. The study is by the University of California, Los Angeles and Michigan State University for an amount not to exceed $172,000. The proposed study will be funded from the BP/SCAQMD Public Benefits Oversight Special Revenue Fund (Fund 65). (Reviewed: Administrative Committee, July 17, 2015. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  • 15. Appropriate Funds from Designation for Litigation and Enforcement and Authorize Amending/Initiating Contracts with Outside Counsel and Specialized Legal Counsel and 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, principally on-going litigation with Exide Technologies, Inc. This action is to appropriate $750,000 from the Designation for Litigation and Enforcement, to FY 2015-16 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, July 17, 2015. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  • 16. Approve Contract Awards and Modifications Approved by MSRC


    Pettis
    As part of their FYs 2014-16 AB 2766 Discretionary Fund Work Program, the MSRC approved 25 new contracts under the Local Government Program, a contract for programmatic outreach services for the MSRC, a sole-source contract under the Transportation Control Measure Partnership Program. The MSRC also approved a funding allocation towards the Residential Electric Vehicle Charging Incentive Pilot Program.  As part of their FY 2011-12 Work Program, the MSRC approved a replacement contract with the City of Palm Springs to complete work initiated under an earlier contract. At this time, the MSRC seeks Board approval of the contract awards and allocation. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, August 20, 2015; Recommended for Approval)

  • Items 17 through 25 - Information Only/Receive and File

    17. Legislative and Public Affairs Report

    Lisha Smith

    (909) 396-3242
    This report highlights the June and July 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)

  • 18. Hearing Board Report

    Ed Camarena

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

  • 19. Civil Filings and Civil Penalties Report

    Kurt Wiese

    (909) 396-3460
    This reports the monthly penalties from June 1 through June 30, 2015, and legal actions filed by the General Counsel's Office from June 1 through June 30, 2015. An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, July 24, 2015)

  • 20. Report of RFPs Scheduled for Release in September

    Michael O'Kelly

    (909) 396-2828
    This report summarizes the RFPs for budgeted services over $75,000 scheduled to be released for advertisement for the month of September. (Reviewed: Administrative Committee, July 17, 2015. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  • 21. FY 2014-15 Contract Activity

    Michael O'Kelly

    (909) 396-2828
    This report lists the number of contracts let during FY 2014-15, the respective dollar amounts, award type, and the authorized contract signatory for SCAQMD. This report includes the data provided in the March 2015 report covering contract activity for the first six months of FY 2014-15. (No Committee Review)

  • 22. Summary of Changes to FY 2014-15 Approved Budget

    Michael O'Kelly

    (909) 396-2828
    This is the annual report of budget changes for FY 2014-15. (No Committee Review)

  • 23. 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 June 1, 2015 and July 31, 2015, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (No Committee Review)

  • 24. 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)

  • 25. Status 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 provide the monthly status report on major automation contracts and projects to be initiated by Information Management during the first six months of FY 2015-16. (No Committee Review)

  • BOARD CALENDAR

    27. Administrative Committee

    Barry Wallerstein

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

  • 28. Special Administrative Committee

    Barry Wallerstein

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

  • 29. Legislative Committee

    Lisha Smith

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

  • 30. Mobile Source Committee

    Philip Fine

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

  • 31. Stationary Source Committee

    Mohsen Nazemi

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

  • 32. Technology Committee

    Matt Miyasato

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

  • 33. Special Technology Committee

    Matt Miyasato

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

  • 34. Mobile Source Air Pollution Reduction Review Committee

    Henry Hogo

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

  • 35. California Air Resources Board Monthly Report

    Saundra McDaniel

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

  • Staff Presentation/Board Discussion

    36. Status Report on Regulation XIII – New Source Review

    Mohsen Nazemi

    (909) 396-2662
    This report presents the federal final determination of equivalency for January 2013 through December 2013.  As such, it provides information regarding the status of Regulation XIII – New Source Review in meeting federal NSR requirements and shows that SCAQMD’s NSR program is in final compliance with applicable federal requirements from January 2013 through December 2013. (Reviewed: Stationary Source Committee, July 24, 2015)

  • PUBLIC HEARINGS

    37. Amend Rule 1148.1 – Oil and Gas Production Wells

    Philip Fine

    (909) 396-2239
    (Continued from July 10, 2015 Board Meeting)
    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

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

    Philip Fine

    (909) 396-2239
    (Continued from July 10, 2015 Board Meeting for Board Deliberation and Action Only)
    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)

  • 39. Amend Rule 1156 – Further Emission Reductions from Cement Manufacturing Facilities

    Philip Fine

    (909) 396-2239
    The proposed amendment seeks to minimize hexavalent chromium (Cr+6) emissions and risk from cement manufacturing operations and the property after facility closure while streamlining Cr+6 ambient monitoring. The proposed amendments will establish the conditions under which monitoring can be reduced or eliminated. In addition, the proposed amendments include a proposed modification to the fence-line ambient Cr+6 threshold to reflect changes made by the Office of Environmental Health Hazard Assessment to risk assessment guidelines, as well as proposing minor revisions.  This action is to adopt the resolution: 1) Certifying the Final Environmental Assessment for Proposed Amended Rule 1156 – Further Reductions of Particulate Emissions from Cement Manufacturing Facilities; and 2) Amending Rule 1156 – Further Reductions of Particulate Emissions from Cement Manufacturing Facilities. (Reviewed: Stationary Source Committee, April 17, 2015)

  • 40. Adopt Proposed Rule 415 - Odors from Rendering Facilities

    Jill Whynot

    (909) 396-3104
    Staff is recommending that the public hearing on this item be continued to the November 6, 2015 Board Meeting.
    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, enclosure for process areas that have high potential for odors, closed system requirements, as well as other measures to control odors from rendering operations. This action is to adopt the resolution: 1) Certifying the Final Environmental Assessment for Proposed Rule 415 - Odors from Rendering Facilities; and 2) Adopting Rule 415 – Odors from Rendering Facilities. (Reviewed: Stationary Source Committee, February 20 and May 15, 2015)

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

    Philip 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. 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, June 19, 2015)

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

    Philip Fine

    (909) 396-2239
    Staff is recommending that the public hearing on this item be continued to the October 2, 2015 Board Meeting
    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. This action is to adopt the resolution: 1) Certifying the Final Environmental Assessment for Proposed Rule 1420.2 – Emission Standards for Lead from Metal Melting Facilities; and 2) Adopting Rule 1420.2 – Emission Standards for Lead from Metal Melting Facilities. (Reviewed: Stationary Source Committee, May 15 and June 19, 2015)

  • OTHER BUSINESS

    43. 2016 Air Quality Management Plan White Papers

    Philip Fine

    (909) 396-2239
    Eight of ten white papers have been completed providing scientific background and policy considerations that will inform the development of the 2016 Air Quality Management Plan.  The white papers incorporate feedback and comments from working groups and members of the public. The white paper topics include a Blueprint for Clean Air, PM Controls, VOC Controls, Passenger Transportation, Goods Movement, Off-Road Equipment, Residential/Commercial Energy Use, and a Business Case for Clean Air Strategies. Each topic was presented to the appropriate Board Committee for review. The white papers are being released today for a final public review. The Board will receive public comments at the October 2, 2015 Board Meeting.

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);

  • 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);

  • 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).


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
AQMP= Air Quality Management Plan
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
CEC= California Energy Commission
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
DOE = Department of Energy
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
NATTS = National AIr Toxics Trends Station
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
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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