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Governing Board Meeting Agenda: May 2, 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

CONSENT CALENDAR (Items 1 through 17)

 

Note: Consent Calendar items held for discussion will be moved to Item No. 18.


Download the complete agenda here.


  • 2. Set Public Hearings June 6, 2014 to Consider Amendments and/or Adoption to SCAQMD Rules and Regulations:

    Barry Wallerstein

    (909) 396-3131


      A.  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 

      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 per employee fee, to more accurately reflect the costs to obtain the required emission reductions.  (Reviewed: Mobile Source Committee, April 18, 2014) 

        B.  Amend Regulation III – Fees 
        Fine (909) 396-2239
        The proposed amendments to Regulation III - Fees include a CPI (1.6%) adjustment pursuant to Rule 320 - Automatic Adjustment Based on Consumer Price Index for Regulation III Fees. Staff is also proposing an additional 6% increase in fees for permit processing and annual permit renewals, phased in over two years, to partially compensate for a shortfall in fees associated with permits.  Staff’s proposal would increase fees in each of these two categories by 3% for FY 2014-15 and 3% for FY 2015-16. Staff’s proposal has been incorporated into the draft budget for FY 2014-15.  Minor administrative clarifications are also included.  (Reviewed: Board Budget Workshop, April 25, 2014)


        1Note: The public hearing on the Proposed AQMD FY 2014-15 Budget and Work Program, which was set by the Board on April 4, 2014 for May 2, 2014 has been rescheduled to the June 6, 2014 Board meeting.

      1. Budget/Fiscal Impact

        3. Execute Contract and Reissue RFP for Third-Party Investigations of Unplanned Shutdowns of Emission Control Devices at Large Lead-Acid Battery Recycling Facilities

        Elaine Chang

        (909) 396-3186
        Rule 1420.1 requires a third party independent analysis to investigate the reason(s) for unplanned shutdown of any emission control device at a large lead-acid battery recycling facilities, if the owner/operator cannot determine the cause within five business days of the event.  In February 2014, the Board approved an RFP to solicit bids from qualified bidders in order to establish a list of prequalified candidates.  One proposal by Amerex Environmental Services was received and evaluated, and the proposal met the RFP requirements.  This action is to execute a contract with Amerex Environmental Services.  In addition, this action is to reissue the RFP to solicit proposals from additional contractors, since only one proposal was received and given that the consultant is based in Illinois.  Funds for this proposal in an amount not to exceed $100,000 are available in the FY 2013-14 Budget and shall be reimbursed pursuant to Rule 1420.1 by the facilities for which the investigation is performed.  (Reviewed:  Stationary Source Committee, April 18, 2014; Recommended for Approval)  

      2. 4. Recognize Revenue, Execute Contracts and Purchase Equipment to Support Hydrogen Readiness in Early Market Communities

        Matt Miyasato

        (909) 396-3249

        In August 2013, under the AB 118 Program, the CEC issued a PON for projects to develop strategies for the deployment of alternative fuel infrastructure and encourage the adoption of alternative fuel vehicles. On March 12, 2014, the CEC issued a Revised Notice of Proposed Awards awarding $299,360 to the SCAQMD for a proposal to support hydrogen readiness in early market communities. This action is to recognize revenue in the amount of $299,360 from the CEC into the Hydrogen Fueling Station Special Revenue Fund (55) and to execute a contract in an amount not to exceed $299,360 with Bevilacqua-Knight, Inc. to conduct education and outreach activities to support hydrogen readiness in early market communities. This action also includes executing a contract to develop sampling and testing protocols for analyzing impurities in hydrogen automotive fuel per SAE J2719 and for purchase of equipment for performing hydrogen fuel quality testing in an amount not to exceed $212,100 from the Clean Fuels Fund (31). (Reviewed: Technology Committee, April 18, 2014; Recommended for Approval)

      3. 5. Amend Contract to Develop and Demonstrate Battery Electric Drayage Trucks

        Matt Miyasato

        (909) 396-3249

        On October 5, 2012, as part of a DOE grant, the Board approved a $1,142,070 contract with Transportation Power (TransPower) for four battery electric drayage trucks.  This action is to amend the contract with TransPower to add $375,000 from the Clean Fuels Fund (31) to cost share the development and demonstration of three additional trucks and related engineering design upgrades.  The revised contract award will be $1,517,070, comprised of $1,142,070 from the Advanced Technology Goods Movement Fund (61) and $375,000 from the Clean Fuels Fund (31).  (Reviewed: Technology Committee, April 18, 2014; Recommended for Approval) 

      4. 6. Approve Truck Projects under “Year 4” Proposition 1B-Goods Movement Program

        Matt Miyasato

        (909) 396-3249
        At its April 4, 2014 meeting, the Board approved a list of heavy-duty truck projects under the “Year 4” Proposition 1B-Goods Movement Program, subject to CARB’s final approval. Some truck projects were not included in the recommended list either because of missing information for completion of evaluations or for not furnishing the campaign contribution disclosure forms on time. Since then, staff has worked with these applicants and more truck projects have become eligible. This action is to augment the list of truck projects, previously approved by the Board, with additional truck projects as outlined in Table 1, subject to CARB’s final approval. These additional projects will not delay the program implementation schedule, as the final approval will be subsequent to completion of compliance checks by CARB, after which contracts will be executed. (No Committee Review) 

      5. 7. Issue RFP to Expand and Upgrade Electric Vehicle Charging Infrastructure at SCAQMD Headquarters

        Matt Miyasato

        (909) 396-3249

        Electric vehicle charging infrastructure at SCAQMD headquarters is not sized to meet the current high demand of plug-in electric vehicles (PEVs) and their charging needs.  To address this challenge and prepare for future growth, existing electric vehicle supply equipment (EVSE) needs to be expanded and upgraded to align with workplace charging needs and provide SCAQMD with greater control of building energy demand.  Additional features of EVSE will allow for cost recovery, integration with the building energy management system, and demand response capabilities.  This action is to issue an RFP to expand and upgrade electric vehicle charging infrastructure at SCAQMD headquarters.  (Reviewed: Technology Committee, April 18, 2014; Recommended for Approval) 

      6. 8. Recognize Revenue and Appropriate Funds for PM2.5 Monitoring Program and Issue Purchase Orders for Air Monitoring and Analysis Equipment

        Laki Tisopulos

        (909) 396-3123
        U.S. EPA has allocated Section 103 Grant funds in the amount of $780,455 for the PM2.5 Program.  This action is to recognize revenue and appropriate funds for the PM2.5 Monitoring Program and issue purchase orders for air monitoring and analysis equipment.  (Reviewed: Administrative Committee, April 11, 2014; Recommended for Approval) 

      7. 9. Appropriate Funding and Authorize Enhancements to SCAQMD’s Air Toxics Monitoring Program

        Laki Tisopulos

        (909) 396-3123
        Air toxics monitoring at SCAQMD continues to be an integral part of ongoing efforts to better characterize air toxics exposure and assess the effectiveness of air toxics reduction programs. While such monitoring efforts are given the highest priority, their effectiveness and staff efficiency can be greatly enhanced by investing in new and updated laboratory and field equipment and data management software that would allow for rapid response and near-real time monitoring, data processing and reporting. This action is to: 1) transfer and appropriate funding to the Science & Technology Advancement FY 2013-14 and/or FY 2014-15 Budget and 2) release RFQs and issue purchase orders for laboratory and field equipment.(Reviewed: Administrative Committee, April 11, 2014; Recommended for Approval) 

      8. 10. Approve Contract Awards and Modifications Approved by MSRC


        Pettis
        The MSRC approved a total of twelve new contracts under the Local Government Match 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 awards under the FYs 2012-14 Work Program. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, April 17, 2014, Recommended for Approval)  


      9. Items 11 through 17 - Information Only/Receive and File 

        11. Legislative & Public Affairs Report

        Lisha Smith

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

      10. 12. Hearing Board Report

        Ed Camarena

        (909) 396-2500
        This reports the actions taken by the Hearing Board during the period of March 1 through March 31, 2014.  (No Committee Review) 

      11. 13. Civil Filings and Civil Penalties Report

        Kurt Wiese

        (909) 396-3460
        This reports the monthly penalties from March 1 through March 31, 2014, and legal actions filed by the General Counsel's Office during March 1 through March 31, 2014.  An Index of District Rules is attached with the penalty report.  (Reviewed:  Stationary Source Committee, April 18, 2014) 

      12. 14. Lead Agency Projects and Environmental Documents Received by SCAQMD

        Elaine Chang

        (909) 396-3186
        This report provides, for the Board's consideration, a listing of CEQA documents received by the SCAQMD between March 1, 2014 and March 31, 2014, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA.  (Reviewed: Mobile Source Committee, April 18, 2014) 

      13. 15. 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) 

      14. 16. Report of RFPs and RFQs Scheduled for Release in May

        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 May.  (Reviewed:  Administrative Committee, April 11, 2014; Recommended for Approval) 

      15. 17. 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)


      16. BOARD CALENDAR

        19. Administrative Committee

        Barry Wallerstein

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

      17. 20. Legislative Committee

        Lisha Smith

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

        Agenda Item Recommended Action
        AB 2013 (Muratrsuchi)Vehicles: High-Occupancy Vehicle Lanes Support
        AB 2242 (Perea) Air Quality Improvement Program Support with Amendments
        SB 1204 (Lara and Pavley) California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program Support
        SB 1275 (De Leon) Vehicle Retirement and Replacement: Charge Ahead California Initiative Support and Work with the Author
        Proposed Federal Surface Transportation Law (MAP 21) Reauthorization Language Approve Proposed Language with Amendments

      18. 21. Mobile Source Committee

        Elaine Chang

        (909) 396-3186
        (Receive & File) 
        Chair: Parker 

      19. 22. Stationary Source Committee

        Mohsen Nazemi

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

      20. 23. Technology Committee

        Matt Miyasato

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

      21. 24. Mobile Source Air Pollution Reduction Review Committee

        Henry Hogo

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

      22. 25. California Air Resources Board Monthly Report

        Saundra McDaniel

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


      23. PUBLIC HEARINGS 

        26. Amend Rule 1130 - Graphic Arts

        Philip Fine

        (909) 396-2239
        The proposed amendment incorporates certain U.S. EPA Control Techniques Guidelines recommendations applicable to printing operations not included in the current rule that pertain to the overall add-on control device efficiency and VOC content requirements for fountain solutions. The proposed amendment further adds prohibition of storage of non-compliant VOC-containing materials at a worksite, removes obsolete rule language, updates definitions for consistency with other SCAQMD rules, adds a rule exemption for graphic arts materials that have a VOC content of no more than 10 g/L, as applied, and makes minor corrections and clarifications. This action is to adopt the resolution: 1) Certifying the Final Environmental Assessment for Proposed Amended Rule 1130; and 2) Amending Rule 1130. (Reviewed: Stationary Source Committee, February 21, 2014 & April 18, 2014) 

      24. 27. Amend Rule 1155 – Particulate Matter (PM) Control Devices

        Philip Fine

        (909) 396-2239
        Rule 1155 was adopted in December 2009 and subsequently forwarded to CARB for inclusion in the SIP.  CARB approved the submittal and forwarded to U.S. EPA in July 2010.  U.S. EPA has raised concerns about certain exemptions during equipment start-up.  In order to address U.S. EPA’s concern regarding approval of this rule into the SIP, Rule 1155 is proposed for an administrative amendment clarifying that certain provisions of Rule 401 – Visible Emissions and the provisions of Rule 404 – Particulate Matter - Concentration are applicable to equipment subject to Rule 1155.  This action is to adopt the resolution:  1) Certifying the Notice of Exemption for Proposed Amended Rule 1155; and 2) Amending Rule 1155.  (Reviewed: Stationary Source Committee, March 21, 2014) 

      25. 28. Amend Rule 102 - Definition of Terms

        Philip Fine

        (909) 396-2239
        The proposed amendment exempts trans 1-chloro-3,3,3-trifluoropropene from the VOC definition of the rule.  The U.S. EPA has already exempted the compound from the federal VOC definition because of its negligible photochemical reactivity level.  This action is to adopt the resolution: 1) Certifying the Notice of Exemption for Proposed Amended Rule 102; and 2) Amending Rule 102.  (Reviewed: Stationary Source Committee, February 21, 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

      Wiese (909) 396-3460
      (kwiese@aqmd.gov)
      It is necessary for the Board to recess to closed session pursuant to Government Code section 54956.9(a) to confer with its counsel regarding pending litigation which has been initiated formally and to which the District is a party. The actions are:

      • California Building Industry Association v. Bay Area AQMD, 1st Appellate District Case Nos. A135335 and A136212 (Bay Area AQMD CEQA thresholds);

      • CBE, CCAT v. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-72353 (1315);

      • Clean Air Council, California Communities Against Toxics, and Sierra Club v.EPA, et al., U.S. Court of Appeals, D.C. Circuit, Case No. 12-1460 (seeking authorization to file amicus brief);

      • 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);

      • Exide Technologies, Inc. v. SCAQMD, et al. v., Los Angeles Superior Court Case No. BC146770 (Writ of Mandate);

      • People of the State of California, ex rel SCAQMD v. Exide Technologies, Inc., Los Angeles Superior Court Case No. BC533528; United States District Court Case No. CV 14-1169 (Civil Penalties);

      • 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, Orange Co. Superior Court Case No. 30-2013-00690328-CU-WM-CXC (Nov. 26, 2013);

      • 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);

      • 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);

      • 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);

      • Physicians for Social Responsibility, et al. v. U.S. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 12-71340 (2007 Ozone Plan);

      • 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. U.S. EPA, U.S. Court of Appeals Ninth Circuit No. 13-73936 (Morongo Redesignation); and

      • Utility Air Regulatory Group v. EPA, U.S. Supreme Court Case No. 12-1146 (consolidated with 12-1272, 12-1248, 12-1254, 12-1268, and 12-1269; EPA GHG permitting rules; amicus).

      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 (one case) and 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].


      CONFLICT OF INTEREST DISCLOSURES – (No Written Material)
      Under the approval authority of the Executive Officer, the District will enter into a contract with Southern California Association of Governments (No. C14319) and a memorandum of agreement with Los Angeles Department of Water and Power (No. C14336).  The contractors are potential sources of income for Governing Board Member Joseph Lyou, which qualify for the remote interest exception of Section 1090 of the California Government Code.  Dr. Lyou abstained from any participation in the making of the contract or the memorandum of agreement.

      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 AQMD'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 tocob@aqmd.govof 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.


       These items are related to the implementation of the SCAQMD Air Quality-Related Energy Policy.

      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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