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Governing Board Meeting Agenda: June 6, 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.

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 18)

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


Download the complete agenda here.


  • 2. Set Public Hearing July 11, 2014 to Consider Amendments and/or Adoption to SCAQMD Rules and Regulations:

    Barry Wallerstein

    (909) 396-3131


    Amend Rule 2449 – Control of Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles

    Hogo (909)-396-3184
    In May 2008, the Board adopted Rule 2449 implementing the Surplus Off-Road Opt-in for NOx (SOON) provisions of the State In-Use Off-Road Diesel Vehicle Regulation. On December 14, 2011, CARB amended the In-Use Off-Road Diesel Vehicle Regulation and removed Section 2449.2, Title 13 of the California Code of Regulation (CCR). As part of that action, CARB renumbered the SOON Provision Section 2449.3 to Section 2449.2. Staff is proposing an administrative amendment to SCAQMD Rule 2449 to revise the reference from Section 2449.3 to Section 2449.2 of Title 13 of the California Code of Regulation. (Reviewed: Mobile Source Committee, June 20, 2014)

     

  • Budget/Fiscal Impact

    3. Execute Contract to Evaluate Emissions Inventories and Model Performance using Mobile Smog Chamber Studies

    Philip Fine

    (909) 396-2239
    The amount of ozone formed in the atmosphere is a complex process dependent upon both ambient NOx and VOC concentrations.  The chemical transport models used in the AQMP attempt to simulate this dependence for regulatory decision-making.  This action is to execute a 6-month contract with the University of California, Davis in an amount not to exceed $49,982 to perform unique, proof-of-concept mobile smog chamber studies examining the sensitivity of ozone formation on NOx and VOC levels at various locations in the South Coast Air Basin.  These field measurements will help determine if this novel method can be used more broadly to evaluate emissions inventories, validate model performance, and enhance the ability to formulate effective ozone control strategies.  Funding for this contract is budgeted in FY 2013-14 Budget as part of the U.S. EPA Section 105 Grant for the 22nd year of the PAMS program. (Reviewed: Administrative Committee, May 9, 2014; Recommended for Approval)

  • 4. Amend Contract for Enhancement of New Annual Emissions Reporting System

    Elaine Chang

    (909) 396-3186
    In March 2012, the Board approved a contract with Ecotek Consulting Inc. to develop and implement a new Annual Emissions Reporting (AER) system that provides more efficient and accurate emissions data submittal to CARB and U.S. EPA, and also to integrate optional GHG emissions reporting.  This action is to amend Ecotek’s contract for an additional amount not to exceed $235,370 for program enhancements as well as improvements to the existing features based on feedback received from the AER facilities.  Funding for this contract is included in the FY 2013-14 and FY 2014-15 Budget.  This brings the contract total to $581,269 of which $200,000 is funded from the U.S. EPA grant. (Reviewed: Administrative Committee, May 9, 2014; Recommended for Approval)

  • 5. Execute Contract for Purchase and Installation of Seating for Auditorium and Conference Rooms at Diamond Bar Headquarters

    Bill Johnson

    (909) 396-3018
    SCAQMD's current auditorium and conference room seating is over 22 years old and is in need of replacement. Repairing the existing seating is not a viable option, as replacement parts are no longer available. On November 1, 2013, the Board approved the release of an RFP to solicit bids from companies interested in providing this service. This action is to execute a contract with American Seating Company, for the purchase and installation of new audience seating in the auditorium and various conference rooms, at a cost not to exceed $139,167. Funding for this contract is included in FY 2013-14 Budget. (Reviewed: Administrative Committee, May 9, 2014; Recommended for Approval)

  • 6. Execute Contract for Workers' Compensation Claims Third-Party Administration

    Bill Johnson

    (909) 396-3018
    The current contract for workers' compensation claims administration services expires on June 30, 2014. On March 7, 2014, the Board approved release of an RFP to solicit proposals from firms interested in providing these services. This action is to execute a new three-year contract with AdminSure, Inc., through June 30, 2017, for a total amount not to exceed $54,000.00.  Funding for this contract has been requested in the FY 2014-15 Budget, and will be requested in successive fiscal years. (Reviewed: Administrative Committee, May 9, 2014; Recommended for Approval)

  • 7. Issue Purchase Order for Dedicated CNG Sedans

    Bill Johnson

    (909) 396-3018
    On April 4, 2014, the Board approved funding of $600,000 in the FY 2013-14 General Fund Budget from one-time revenues for the replacement of high-mileage, high- maintenance vehicles in SCAQMD's fleet, which are nearing CNG tank expiration within the next 12 months. On April 11, 2014, the Executive Officer approved release of an RFQ to competitively select a vendor from which to purchase these vehicles. This action is to issue a purchase order with DCH Gardena Honda, for up to 20 dedicated CNG Honda Civic sedans, at a cost not to exceed $561,100.  Funds are available in the FY 2013-14 Budget. (Reviewed: Administrative Committee, May 9, 2014; Recommended for Approval)

  • 8. Establish List of Prequalified Providers for Temporary Employment Services

    Bill Johnson

    (909) 396-3018
    On March 7, 2014, the Board approved release of an RFQ for temporary employment services. This action is to establish a list of prequalified agencies that will be used as needed to obtain temporary employment services for a three-year period, from July 1, 2014 to June 30, 2017. (Reviewed: Administrative Committee, May 9, 2014; Recommended for Approval)

  • 9. Approve Contract Awards and Modifications Approved by MSRC


    Pettis
    The MSRC approved one new contract under the Signal Synchronization Partnership Program, as well as a contract value increase under the Alternative Fuel School Bus Incentives Program, as part of their FYs 2012-14 AB 2766 Discretionary Fund Work Program.  At this time the MSRC seeks Board approval of the contract award and modification under the FYs 2012-14 Work Program. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, May 15, 2014; Recommended for Approval)

  • Items 10 through 18 - Information Only/Receive and File


    10. Legislative & Public Affairs Report

    Lisha Smith

    (909) 396-3242
    This report highlights the April 2014 outreach activities of Legislative and Public Affairs, which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Outreach to Business and Federal, State, and Local Government. (No Committee Review)

  • 11. Hearing Board Report

    Ed Camarena

    (909) 396-2500
    This reports the actions taken by the Hearing Board during the period of April 1 through April 30, 2014. (No Committee Review)

  • 12. Civil Filings and Civil Penalties Report

    Kurt Wiese

    (909) 396-3460
    This reports the monthly penalties from April 1 through April 30, 2014, and legal actions filed by the General Counsel's Office during April 1 through April 30, 2014. An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, May 16, 2014)

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

    Elaine Chang

    (909) 396-3186
    This report provides, for the Board's consideration, a listing of CEQA documents received by the SCAQMD between April 1, 2014 and April 30, 2014, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (No Committee Review)

  • 14. Rule and Control Measure Forecast

    Elaine Chang

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

  • 15. Report of RFPs and RFQs Scheduled for Release in June

    Michael O'Kelly

    (909) 396-2828
    This report summarizes the RFPs and RFQs for budgeted services over $75,000 scheduled to be released for advertisement for the month of June. (Reviewed: Administrative Committee, May 9, 2014; Recommended for Approval)

  • 16. Remove Various Fixed Assets from SCAQMD Inventory

    Michael O'Kelly

    (909) 396-2828
    SCAQMD Administrative Policies and Procedures No. 20 requires each organizational unit to review fixed assets for obsolescence and disposal every six months. This action is to approve removal of surplus equipment and motor vehicles determined to be obsolete, non-operational and not worth repairing. (Reviewed: Administrative Committee, May 9, 2014; Recommended for Approval)

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

    Kurt Wiese

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

  • 18. Status 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 provide the monthly status report on major automation contracts and projects to be initiated by Information Management during the last six months of FY 2013-14. (No Committee Review)

  • BOARD CALENDAR

    Note: The May 16, 2014 Technology Committee and Mobile Source Committee meetings were both cancelled; the next Technology Committee and Mobile Source Committee meetings are scheduled for June 20, 2014


    20. Administrative Committee

    Barry Wallerstein

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

  • 21. Investment Oversight Committee

    Michael O'Kelly

    (909) 396-2828

    Staff is recommending that this item be delayed until next month.

  • 22. 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

    AB 1499 (Skinner) Electricity: Self-Generation Incentive Program

    Support

    AB 1624 (Gordon) Self-Generation Incentive Program

    Support

    SB 1265 (Hueso) State Vehicle Fleet Purchases: Minimum Fuel Economy Standard

    Support

    Principles Regarding SCAQMD’s Position On Funding Related Issues

    Adopt

    AB 1330 (Perez) Environmental Justice – Guidance on legislative language

    Approve in Concept


  • 23. Stationary Source Committee

    Mohsen Nazemi

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

  • 24. Mobile Source Air Pollution Reduction Review Committee

    Henry Hogo

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

  • 25. California Air Resources Board Monthly Report

    Saundra McDaniel

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

  • Staff Presentation/Board Discussion

    26. Approve Proposed Drought Management and Water Conservation Plan

    Mohsen Nazemi

    (909) 396-2662
    On January 17, 2014, Governor Edmund G. Brown proclaimed a Drought State of Emergency in California and requested all necessary actions be taken to prepare for drought conditions.  The proposed Drought Management & Water Conservation Plan includes a list of measures to be implemented by SCAQMD to assist parties who are impacted by drought conditions.  This action is to approve the proposed Drought Management & Water Conservation plan to help address the drought conditions in SCAQMD. (No Committee Review)

  • PUBLIC HEARINGS

    27. Adopt Executive Officer's FY 2014-15 SCAQMD Budget and Work Program

    Michael O'Kelly

    (909) 396-2828
    The Executive Officer's Budget for FY 2014-15 represents the input over the past several months from Board members, staff, and the public. This year's process included meetings of the Budget Advisory Committee; a public hearing on April 4, 2014 to receive input on the SCAQMD's Goals and Priority Objectives; and two budget workshops, one for the public held on April 11, 2014 and one for the Board held on April 25, 2014. This submittal transmits the required appropriations and reserves necessary to adopt the proposed budget. The proposed budget incorporates the CPI adjustment pursuant to Rule 320 as well as an additional 3% increase to Annual Operating Permit Renewal and Permit Processing Fees to better align program costs with revenues. (Reviewed: Administrative Committee, May 9, 2014; Recommended for Approval)

  • 28. Amend Regulation III - Fees

    Philip Fine

    (909) 396-2239
    Staff is proposing a 1.6% Consumer Price Index adjustment to most of the current Regulation III – Fees for FY 2014-15 to keep pace with inflation and address revenue shortfall from legally mandated programs. Staff is also proposing an additional 6% increase in permit processing and annual operating renewal fees over the next two fiscal years, (3% in FY 2014-15 and an additional 3% in FY 2015-16), to recover the cost of specific programs and services. (Reviewed: Board Budget Workshop, April 25, 2014)

  • 29. Proposed Withdrawal of SIP Submittals for Select Rules and Regulations

    Elaine Chang

    (909) 396-3186
    The SCAQMD staff has previously submitted permits, plans, rules, and regulations, or amendments thereto, to U.S. EPA for State Implementation Plan (SIP) approval. Staff and U.S. EPA have developed a list of previously submitted rules and regulations that are not needed under the Clean Air Act and can be withdrawn for SIP approval. This action is to withdraw the agreed-upon list of previously submitted rules and regulations for SIP approval. (Reviewed: Stationary Source Committee, May 16, 2014)

  • 30. Amend Rule 2202 - On-Road Motor Vehicle Mitigation Options, Rule 2202 Implementation Guidelines, Rule 301 Permitting and Associated Fees, and Rule 311 Air Quality Investment Program Fees

    Elaine Chang

    (909) 396-3186
    The proposal is to amend Rule 2202 - On-Road Motor Vehicle Mitigation Options, the accompanying rule Implementation Guidelines, Rule 301 Permitting and Associated Fees, and Rule 311 - Air Quality Investment Program (AQIP) Fees.  Sections of Rule 2202 and the Implementation Guidelines will be amended to address the use of Emission Reduction Credits and clarify the use of other existing emission credits.  The proposed amendment for Rule 301 is to add a transfer fee for the administration and tracking of Short Term Emission Reduction Credits.  AQIP is a program option for applicable worksites within Rule 2202.  The proposed Rule 311 amendment is to reduce the AQIP per employee fee, to more accurately reflect the costs to obtain the required emission reductions.  This action is to adopt the resolution: 1) Certifying the Notice of Exemption for Proposed Amended Rule 2202, Proposed Amended Rule 2202 Implementation Guidelines, Proposed Amended Rule 301, and Proposed Amended Rule 311; and 2) Amending Rule 2202, Rule 2202 Implementation Guidelines, Rule 301, and Rule 311. (Reviewed: Mobile Source Committee, April 18, 2014)

  • 31. Adopt 2016 AQMP Reasonably Available Control Technology Demonstration

    Elaine Chang

    (909) 396-3186
    As a component of the 2016 AQMP, SCAQMD is required to submit a Reasonably Available Control Technology (RACT) Demonstration to U.S. EPA by July 20, 2014. The RACT analysis provides a comprehensive assessment of the adequacy and comparative levels of emissions controls achieved in practice throughout the nation.  The current analysis demonstrates that SCAQMD current rules largely meet U.S. EPA’s criteria for RACT acceptability and inclusion in the SIP. It also identifies a few areas for further evaluation as part of the 2016 AQMP control measure development. This action is to approve the RACT Demonstration and direct staff to forward to CARB for approval and submission to U.S. EPA for inclusion in the SIP. (Reviewed: Stationary Source Committee, May 16, 2014)

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)
Wiese/3460
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:

  • Exide Technologies, Inc. v. SCAQMD, et al., Los Angeles Superior Court Case No. BS146770 (Writ of Mandate);

  • 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);

  • 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);

  • National Association for Surface Finishing, et al. v. U.S. EPA, et al., U.S. Court of Appeals, D.C. Circuit, Case No. 12-1459 (Consolidated with Nos. 12-1460, 13-1147) (seeking authorization to file amicus brief); 

  • People of the State of California, ex rel. Kamala D. Harris, Attorney General v. SCAQMD, Consent Agreement and Stipulation for Entry of Final Judgment and Order, Los Angeles Superior Court;

  • Petition for Declaratory Order by U.S. Environmental Protection Agency, Surface Transportation Board Docket No. FD 35803 (Railroad Rules);

  • Quantification Settlement Agreement Cases, Court of Appeal of the State of       California, Third Appellate District, Case No. C074592 (seeking authorization to file amicus brief);

  • SCAQMD v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143381 (SCIG);

  • SCAQMD v. Superior Court of the County of Los Angeles, California Supreme Court Case No. S218900; Court of Appeal, Second Appellate District Case No. B256002 (Browning-Ferris Industries); and
  • SCAQMD v. U.S. EPA, U.S. Court of Appeals Ninth Circuit No. 13-73936 (Morongo Redesignation).

It is also necessary for the Board to recess to closed session pursuant to Government Code sections 54956.9(a) and 54956.9(d)(4) to consider initiation of litigation (one case).

Also, it is 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).

In addition, it is also 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: 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]. 


ADJOURNMENT

***PUBLIC COMMENTS***

Members of the public are afforded an opportunity to speak on any listed item before or during consideration of that item. Please notify the Clerk of the Board, (909) 396-2500, if you wish to do so. All agendas are posted at SCAQMD Headquarters, 21865 Copley Drive, Diamond Bar, California, at least 72 hours in advance of the meeting. At the end of the agenda, an opportunity is also provided for the public to speak on any subject within the SCAQMD's authority. Speakers may be limited to three (3) minutes each.

Note that on items listed on the Consent Calendar and the balance of the agenda any motion, including action, can be taken (consideration is not limited to listed recommended actions). Additional matters can be added and action taken by two-thirds vote, or in the case of an emergency, by a majority vote. Matters raised under Public Comments may not be acted upon at that meeting other than as provided above.

Written comments will be accepted by the Board and made part of the record, provided 25 copies are presented to the Clerk of the Board. Electronic submittals to Clerk of the Boards of 10 pages or less including attachment, in MS WORD, plain or HTML format will also be accepted by the Board and made part of the record if received no later than 5:00 p.m., on the Tuesday prior to the Board meeting.


ACRONYMS

AQIP = Air Quality Investment Program
AVR = Average Vehicle Ridership
BACT = Best Available Control Technology
Cal/EPA = California Environmental Protection Agency
CARB = California Air Resources Board
CEMS = Continuous Emissions Monitoring Systems
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental Research and Technology
CNG = Compressed Natural Gas
CO = Carbon Monoxide
CPI = Consumer Price Index
CTG = Control Techniques Guideline
DERA= Diesel Emissions Reduction Act
EV = Electric Vehicle
FY = Fiscal Year
GHG = Greenhouse Gas
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
LEV = Low Emission Vehicle
LNG = Liquefied Natural Gas
MATES = Multiple Air Toxics Exposure Study
MOU = Memorandum of Understanding
MSERCs = Mobile Source Emission Reduction Credits
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NESHAPS = National Emission Standards for Hazardous Air Pollutants
NGV = Natural Gas Vehicle
NOx = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
PAMS = Photochemical Assessment Monitoring Stations
PAR = Proposed Amended Rule
PM10 = Particulate Matter ≤ 10 microns
PM2.5 = Particulate Matter < 2.5 microns
PR = Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
RTC = RECLAIM Trading Credit
SCAG = Southern California Association of Governments
SIP = State Implementation Plan
SOx = Oxides of Sulfur
SULEV = Super Ultra Low Emission Vehicle
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
U.S. EPA = United States Environmental Protection Agency
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle


South Coast Air Quality Management District

21865 Copley Dr, Diamond Bar, CA 91765

909-396-2000

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