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Governing Board Meeting Agenda: January 10, 2014

A meeting of the South Coast Air Quality Management District Board will be held at 9:00 a.m., in the Auditorium at SCAQMD Headquarters, 21865 Copley Drive, Diamond Bar, California. Most agenda items and attachments are described in a “Board Letter” which may be accessed by clicking the appropriate link below. Unless otherwise noted, all agenda items are in .pdf format. 

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 Board’s 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 Awards to Roberto G. Castro and Lillie Pitts, 
Burke

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CONSENT CALENDAR (Items 1 through 13)

Note: Consent Calendar items held for discussion will be moved to Item No. 14.


Download the complete agenda here.


  • Budget/Fiscal Impact

    2. Issue Purchase Order for Three Jerome 631-X Hydrogen Sulfide Analyzer Systems

    Mohsen Nazemi

    (909) 396-2662
    The purchase of three additional Jerome meters is necessary to enable field staff to measure hydrogen sulfide when responding to certain types of odor events.  These handheld instruments can be readily deployed in the field to provide continuous hydrogen sulfide concentration measurements.  This action is to issue a sole source purchase order with Arizona Instrument, LLC for the purchase of three hydrogen sulfide analyzer systems for an amount not to exceed $42,000 from the FY 2013-14 District General Budget. (Reviewed: Administrative Committee, December 13, 2013; Recommended for Approval) 

  • 3. Amend Existing Contracts for Legislative Representation in Washington, D.C.

    Lisha Smith

    (909) 396-3242
    The current contracts for legislative and regulatory representation in Washington D.C. will expire on January 14, 2014.  Each contract has an option for two one-year extensions.  To further the agency’s policy positions at the federal level, this proposal exercises the first one-year extension for Kadesh & Associates, LLC, and a six-month extension for the Carmen Group Incorporated as SCAQMD’s legislative and regulatory representatives in Washington, D.C.  The total amount for both contracts is $337,601, which includes a Consumer Price Index increase of 1.5% for Calendar Year 2014. (Reviewed: Legislative Committee, December 13, 2013; Recommended for Approval) 

  • 4. Execute Contract to Provide Technical Support for SCAQMD PAMS Upper Air Meteorological Monitoring Network

    Laki Tisopulos

    (909) 396-3123
    On October 4, 2013, the Board approved release of an RFP to provide technical support for the SCAQMD PAMS Upper Air Meteorological Monitoring Network.  The contracted effort will provide field support of the upper air meteorological stations and data management. This action is to execute a contract with Sonoma Technology, Inc., in the amount of $100,000 with options to renew for work in each of the next three fiscal years, based upon availability of funds and satisfactory performance.  Adequate funding is allocated for this purpose in the U.S. EPA 22nd Year Section 105 Grant for the PAMS Program.  This action is to authorize the Chairman to execute a contract with Sonoma Technology, Inc., to provide technical support for the SCAQMD PAMS Upper Air Meteorological Monitoring Network in an amount not to exceed $100,000 with annual renewal options for the next three fiscal years based upon availability of funds and satisfactory performance. (Reviewed: Administrative Committee, December 13, 2013, Recommended for Approval)

  • 5. Approve Contract Awards and Modification Approved by MSRC


    Pettis 
    The MSRC approved five new contracts and one modification as part of their FYs 2012 14 AB 2766 Discretionary Fund Work Program.  These include awarding new contracts under the Local Government Match and Alternative Fuel Infrastructure Programs, as well as a new contract award and a contract modification providing additional funds under the Alternative Fuel School Bus Incentives Program.  At this time the MSRC seeks Board approval of the contract awards and modification under the FYs 2012-14 Work Program. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, December 19, 2013; Recommended for Approval)

  • Action Item/No Fiscal Impact

    6. Establish Board Meeting Date for October 2014

    Kurt Wiese

    (909) 396-3460
    This item is to set the October 2014 meeting date for the Governing Board.  At its November 1, 2013 meeting, the Board set its meeting schedule for 2014.  Concerns were raised, however, about the October meeting date, which was scheduled for October 3, 2014 and coincides with the Jewish Holiday of Yom Kippur.  The Board adopted a meeting schedule for all of 2014, except for the October meeting, and directed staff to bring the issue of the October 2014 meeting date to the next meeting of the Administrative Committee for further consideration.  (Reviewed: Administrative Committee, November 8, 2013; Recommended for Approval)

  • Items 7 through 13 - Information Only/Receive and File

    7. Legislative & Public Affairs Report

    Lisha Smith

    (909) 396-3242
    This report highlights the November 2013 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)

  • 8. Hearing Board Report

    Ed Camarena

    (909) 396-2500
    This reports the actions taken by the Hearing Board during the period of November 1 through November 30, 2013. (No Committee Review)

  • 9. Civil Filings and Civil Penalties Report

    Kurt Wiese

    (909) 396-3460
    Governing Board Agenda - January 10, 2014 This reports the monthly penalties from November 1 through November 30, 2013, and legal actions filed by the General Counsel's Office duringNovember 1 through November 30, 2013. An Index of District Rules is attached with the penalty report. (No Committee Review)

  • 10. 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 November 1, 2013 and November 30, 2013 and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA.  (No Committee Review)

  • 11. Rule and Control Measure Forecast

    Elaine Chang

    (909) 396-3186
    This report highlights SCAQMD rulemaking activities and public workshops potentially scheduled for the year 2014. (No Committee Review)

  • 12. Rule 1111 Technology Assessment for Residential Furnaces

    Laki Tisopulos

    (909) 396-3123
    The November 2009 amendment of Rule 1111, Reductions of NOx Emissions From Natural-Gas-Fired, Fan-Type Central Furnaces, requires staff to report to the Board on the status of technology for achieving the rule’s new lower emission limit.  Staff provided a preliminary technology assessment at the March 1, 2013 Board meeting.  Staff is providing a final technology assessment, a summary of four demonstration projects, and a recommendation to implement Rule 1111.  (Reviewed: Stationary Source Committee, November 15, 2013)

  • 13. Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2013-14

    Chris Marlia

    (909) 396-3148
    Information Management is responsible for data systems management services in support of all SCAQMD operations.  This action is to report on major automation contracts and projects to be initiated by Information Management during the last six months of FY 2013-14.  (Reviewed: Administrative Committee, December 13, 2013; Recommended for Approval) 

  • 14. Items Deferred from the Consent Calendar

     

    BOARD CALENDAR

    Note:  The Mobile Source, Stationary Source, and Technology Committees did not meet in December. The next meetings of the Mobile Source, Stationary Source, and Technology Committees are scheduled for January 24, 2014.

    15. Administrative Committee

    Barry Wallerstein

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

  • 16a. Legislative Committee

    Lisha Smith

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

    Agenda Item Recommended Action
    2014 Federal and State Legislative Goals And Objectives Approved
    AB 1330 (John Perez) Environmental justice Support if Amended to replace current provisions with part or all of the policy guidelines included within the SCAQMDbill analysis.The Executive Officer is to enter into thelegislative process on this bill and to coordinate with the Chair of the Legislative Committee and with the Chair of the Board.
  • 16b. Legislative Committee

    Lisha Smith

    (909) 396-3242
    (Receive & File)
    Chair: Gonzales
    Receive and file report of special meeting of Legislative Committee; and take the following action as recommended: 


    Agenda Item Recommended Action
    AB 1102 (Allen andQuirk-Silva) South Coast Air Quality Management District: beach burning Oppose
  • 17. Mobile Source Air Pollution Reduction Review Committee

    Henry Hogo

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

  • 18. California Air Resources Board Monthly Report

    Saundra McDaniel

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

  • PUBLIC HEARINGS

    19a. Present Feasibility Studies of Lowering Lead Point Source Emissions Limit in Rule 1420.1 - Emissions Standard for Lead from Large Lead-Acid Battery Recycling Facilities

    Elaine Chang

    (909) 396-3186
    (Continued from December 6, 2013 Board Meeting)

    Pursuant to the adoption resolution for Rule 1420.1 – Emissions Standard for Lead from Large Lead-Acid Battery Recycling Facilities, staff will present the findings of the studies that address the technical, economic and physical feasibility of achieving a total facility mass lead emission rate of 0.003 pounds per hour from all lead point sources and seek Board guidance on whether to amend Rule 1420.1 to lower the total facility lead point source emission rate.  (Reviewed: Stationary Source Committee, November 15, 2013)

  • 19b. 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
    (Continued from December 6, 2013 Board Meeting)

    Proposed Amended Rule 1420.1 establishes requirements for owners or operators of large lead-acid battery recycling facilities to reduce arsenic emissions and other key toxic air contaminant emissions.  PAR 1420.1 includes requirements for ambient air concentration limits for arsenic, as well as hourly emission limits of arsenic, benzene, and 1, 3-butadiene.  PAR 1420.1 also contains additional administrative, monitoring and source testing requirements for stack emissions.  This action is to adopt the resolution: 1) Certifying the CEQA 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) Adopting Proposed Amended Rule 1420.1 – Emission Standards for Lead and Other Toxic Air Contaminants from Large Lead-Acid Battery Recycling Facilities.  (Reviewed: Stationary Source Committee, October 18, 2013) 

  • OTHER BUSINESS

    20. Adopt Moratorium on Transfer of NOx Emission Reduction Credits into Rule 2202 – On-Road Motor Vehicle Mitigation Options Program

    Elaine Chang

    (909) 396-3186
    The proposal is to consider a moratorium on the transfer of NOx Emission Reduction Credits (ERCs) into the Rule 2202 program.  If approved, the moratorium would extend from January 10, 2014 to July 1, 2014.  The moratorium on the use of NOx ERCs will allow staff to evaluate the impact of their use in the Rule 2202 program and on New Source Review. (No Committee Review) 

Public Comment Period

(Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)


Board Member Travel

(No Written Material) Board member travel reports have been filed with the Clerk of the Boards, and copies are available upon request.


Closed Session

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 District is a party. The actions are: 

  • Abayan, et al. v. SCAQMD, Los Angeles Superior Court Case No. BC499729;
  • California Building Industry Association v. Bay Area AQMD, 1st Appellate District Case Nos. A135335 and A136212;
  • CBE, CCAT v. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-72353 (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);
  • Flashberg, et al. v. Dublin, et al., Los Angeles Superior Court Case No. BC463159;
  • Medical Advocates for Healthy Air v. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-73386 (San Joaquin §185 Fees);
  • NRDC, CBE v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 13-70544 (Rule 317);
  • Physicians for Social Responsibility, et al. v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-70016 (Monitoring);
  • Physicians for Social Responsibility, et al. v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-70079 (PM2.5); 
  • SCAQMD v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143381; 
  • SCAQMD v. U.S. EPA, U.S. Court of Appeals Ninth Circuit No. 13-73936 (Morongo Redesignation); 
  • Helping Hand Tools v. San Diego APCD, et al, California Court of Appeal Fourth Dist. No. D063313 – (seeking leave to file amicus curiae brief in support of respondent); and 
  • Friends of the Fire Rings v. SCAQMD, Orange County Superior Court Case No. 30-2013-00690328-CU-WM-CXC (Nov. 26, 2013). 
It is also necessary for the Board to recess to closed session under Government Code sections 54956.9(a) and 54956.9(d)(4) to consider initiation of litigation (three cases).

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

In addition, it is also necessary for the Board to recess to closed session pursuant to Government Code sections 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: Teamsters Local 911 & SCAQMD Professional Employees Association];
and to confer with:

  • labor negotiators regarding unrepresented employees [Agency Designated Representative: William Johnson; Unrepresented Employees: Designated Deputies and Management and Confidential employees].