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Governing Board Meeting Agenda: September 5, 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
  • Presentation of Retirement Award to Novella Gower, Burke
  • Video Presentation on Air Quality by Environmental Justice Summer Institute Students, Dr. Lyou

CONSENT CALENDAR (Items 1 through 21)  


Note:  Consent Calendar items held for discussion will be moved to Item No. 22


Download the complete agenda here.


  • 2. Set Public Hearing October 3, 2014 to Consider Amendments and/or Adoption to SCAQMD Rules and Regulations:

    Barry Wallerstein

    (909) 396-3131

    Adopt Proposed Rule 1153.1 – Emissions of Oxides of Nitrogen from Commercial Food Ovens

    Chang/3186
    Staff is proposing a new rule which reduces NOx emissions from food ovens, equipment that is currently subject to Rule 1147. PR 1153.1 has higher NOx emission limits than Rule 1147. Compared with Rule 1147, PR 1153.1 delays NOx emission limit compliance dates for existing (in-use) permitted equipment and includes a carbon monoxide emission limit. PR 1153.1 also establishes test methods and provides alternate compliance options. Other proposed requirements include equipment maintenance and recordkeeping. PR 1153.1 is expected to result in a maximum of 120 pounds per day of NOx emission reductions forgone in 2023. (Reviewed: Stationary Source Committee, March 21 and July 25, 2014)


  • Budget/Fiscal Impact


    3. Execute and Amend Contracts for Hydrogen Fueling Infrastructure, Phase II of Hydrogen Network Investment Plan and Low Cost Safety Sensor Demonstration

    Matt Miyasato

    (909) 396-3249

    On March 7, 2014, the Board awarded three contracts to upgrade and refurbish existing hydrogen fueling infrastructure using funds provided by the CEC.  Sufficient funds have become available to fund one additional project as a result of negotiations with awardees.  In early 2013 and 2014, the CEC released Notices of Proposed Awards recommending funding for 36 new hydrogen fueling stations, 12 of which are strategically located in Southern California.  Additional funds are needed to offset higher than anticipated initial costs to successfully establish these stations.  In December 2012, the Board awarded a contract to develop Phase I of the Hydrogen Network Investment Plan (H2NIP), and the cosponsors have requested SCAQMD cofund Phase II.  Finally, the SCAQMD has been asked to participate in a demonstration of a low cost hydrogen safety sensor. These actions are to execute and amend contracts for hydrogen fueling infrastructure, Phase II of the H2NIP and a safety sensor demonstration.  (Reviewed: Technology Committee, July 25, 2014. Less than a quorum was present; the Committee Member present recommended that this item be forwarded to the full Board for consideration.)

  • 4.  This item has been withdrawn by staff.


    5. Recognize Revenue and Execute and Amend Contracts to Construct Natural Gas Fueling Stations

    Matt Miyasato

    (909) 396-3249
    The SCAQMD previously recognized $2.6 million from CEC to fund new or upgrade existing natural gas stations throughout the Basin.  An amendment of the CEC grant is needed to replace two CNG station upgrades with one new LNG station installation and change the funding source for one CNG station upgrade.  Additionally, in September 2013 U.S. DOE revenue was recognized into the Science & Technology Advancement’s FY 2013-14 Budget to fund a UPS project, but the revenue should have been recognized into the Clean Fuels Fund (31).  These actions are to approve the replacement project to be funded by the CEC grant from the Clean Fuels Fund (31), substitute the funding source for one CNG station upgrade to the Clean Fuels Fund (31), recognize U.S. DOE revenue into the Clean Fuels Fund (31), and execute a contract with UPS for an LNG station refurbishment from the Clean Fuels Fund (31).  (Reviewed: Technology Committee, July 25, 2014. Less than a quorum was present; the Committee Member present recommended that this item be forwarded to the full Board for consideration.)

  • 6. This item is now being considered under Other Business.

     

    7. Issue Program Announcements for Electric Lawn Mower Vendors, Licensed Scrappers and Support Service Providers

    Matt Miyasato

    (909) 396-3249

    Staff proposes to extend the successful Lawn Mower Exchange Program by offering similar incentives in spring 2015 to generate cost-effective emission reductions. This action is to issue Program Announcements to solicit competitive bids from manufacturers of cordless electric lawn mowers in sufficient quantities and at the lowest possible price for the 2015 program as well as from licensed scrappers and support service providers to physically handle mowers at lawn mower exchange events. (Reviewed: Mobile Source Committee, July 25, 2014; Recommended for Approval)

  • 8. Issue RFP to Measure Emissions from Refineries and Other Sources Utilizing Advanced Remote Sensing Technologies, Develop Advanced Fenceline Monitoring Systems and Issue RFQ to Procure Wind LIDAR System

    Laki Tisopulos

    (909) 396-3123
    Recent advances in optical remote sensing technology have made it possible to quantify fugitive VOC emissions from an entire refinery complex. Two recent SCAQMD-funded pilot studies have demonstrated the capabilities of some of these remote sensing methods. However, it was concluded that longer term measurements and more detailed wind profile information are needed to enhance the accuracy of emissions data. This action is to issue an RFP to conduct a series of measurement campaigns intended to fully characterize and quantify fugitive and stack emissions from large refineries and other important VOC sources and to develop two different remote sensing monitoring systems. This action is to also issue an RFQ and subsequent purchase order to procure a portable wind LIDAR system for continuous wind profile measurements in an amount not to exceed $250,000 from the Rule 1118 Mitigation Fund (54). (Reviewed: Technology Committee, July 25, 2014; Less than a quorum was present; the Committee Member present recommended that this item be forwarded to the full Board for consideration.)

  • 9. Execute Contract for Insurance Brokerage Services

    Bill Johnson

    (909) 396-3018
    The current contract for insurance brokerage services expires September 30, 2014. On April 4, 2014, the Board approved release of an RFP to solicit proposals from firms interested in providing these services for the next three-year period. This action is to execute a contract with Alliant Insurance Services through September 30, 2017, for an amount not to exceed $49,000 per year. Funding for this contract has been included in the FY 2014-15 Budget and will be requested in successive fiscal years. (Reviewed: Administrative Committee, July 18, 2014; Recommended for Approval)

  • 10. Issue RFP for Legislative Representation in Sacramento, California

    Lisha Smith

    (909) 396-3242
    The current contracts for legislative representation in Sacramento, California expire on December 31, 2014. This action calls for the issuance of an RFP for legislative consulting services for SCAQMD in Sacramento, California for 2015. The RFP will also indicate that the services contract(s) may be extended for up to two additional one-year terms. Total expenditures for the contract(s) shall not exceed $350,000 for the initial one-year period.  (Reviewed: Administrative Committee, July 18, 2014; Recommended for Approval)

  • 11. Approve Contract Award Approved by MSRC


    Pettis
    The MSRC approved an award to Anaheim Transportation Network to provide Circulator Service as part of the Event Center Transportation Program under the FYs 2012-14 Work Program. At this time the MSRC seeks Board approval of the contract award under the FYs 2012-14 Work Program. (Reviewed: Mobile Source Air Pollution Reduction Review, August 21, 2014; Recommended for Approval)

  • 12. This item has been withdrawn by staff.  

     

    Action Item/No Fiscal Impact

    13. Recommendation to Amend Governing Board Meeting Procedures

    Kurt Wiese

    (909) 396-3460
    The Governing Board has adopted written procedures for conducting Board meetings. The procedures address key issues the Board faces on a recurring basis. This item is a recommendation to amend the procedures to clarify the Board’s policy on making modifications to the text of proposals at the Board hearing. This item also incorporates the Governing Board Procedures into the SCAQMD Administrative Code. (Reviewed: Administrative Committee, July 18, 2014; Recommended for Approval)

  • Items 14 through 21 - Information Only/Receive and File

     

    14. Legislative & Public Affairs Report

    Lisha Smith

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

  • 15. 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, 2014. (No Committee Review)

  • 16. Civil Filings and Civil Penalties Report

    Kurt Wiese

    (909) 396-3460
    This reports the monthly penalties from June 1 through June 30, 2014, and legal actions filed by the General Counsel's Office during June 1 through June 30, 2014. An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, July 25, 2014)

  • 17. 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 June 1, 2014 and July 31, 2014, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (No Committee Review)

  • 18. 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 and a portion of 2015. (No Committee Review)

  • 19. FY 2013-14 Contract Activity

    Michael O'Kelly

    (909) 396-2828
    This report lists the number of contracts let during FY 2013-14, the respective dollar amounts, award type, and the authorized contract signatory for the SCAQMD. This report includes the data provided in the March 2014 report covering contract activity for the first six months of FY 2013-14. (No Committee Review)

  • 20. Summary of Changes to FY 2013-14 Approved Budget

    Michael O'Kelly

    (909) 396-2828
    This is the annual report of budget changes for FY 2013-14. (No Committee Review)

  • 21. Status Report on Major Projects for Information Management Scheduled to Start During First Six Months of FY 2014-15

    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 2014-15. (No Committee Review)

  • 22. Items Deferred from Consent Calendar


    BOARD CALENDAR

    23. Administrative Committee

    Barry Wallerstein

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

  • 24. Legislative Committee

    Lisha Smith

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

  • 25. Mobile Source Committee

    Elaine Chang

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

  • 26. Stationary Source Committee

    Mohsen Nazemi

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

  • 27. Technology Committee

    Matt Miyasato

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

  • 28. Mobile Source Air Pollution Reduction Review Committee

    Henry Hogo

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

  • 29. California Air Resources Board Monthly Report

    Saundra McDaniel

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

  • Staff Presentation/Board Discussion

     

    30. Status Report on Regulation XIII - New Source Review

    Mohsen Nazemi

    (909) 396-2662
    This report presents the federal final determination of equivalency for January 2012 through December 2012. 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 2012 through December 2012. (Reviewed: Stationary Source Committee, July 25, 2014)

  • 31. SCAQMD Plug-in Electric Vehicle Infrastructure Activities

    Matt Miyasato (909) 396-3249 
    (No Written Material) 
    At the July 2014 Board Meeting, Board Members inquired about the recent activities to assist with plug-in electric vehicle (PEV) infrastructure, especially as related to multi-unit dwellings. Staff will present on PEV charging deployment, community readiness activities as well as an update on the SCAQMD headquarters infrastructure planning. (Reviewed: Technology Committee, July 25, 2014)

    PUBLIC HEARINGS

    32. Amend Rule 1111 - Reduction of NOx Emissions From Natural-Gas-Fired, Fan-Type Central Furnaces

    Elaine Chang

    (909) 396-3186
    PAR 1111 delays the compliance date for condensing (high efficiency) units until April 1, 2015. The proposed amendment would also add a mitigation fee-based compliance option to allow up to three years’ delay for residential furnace manufacturers that require additional time to produce furnaces that meet the 14 ng/Joule emission limit.  The proposed mitigation fee will be used to mitigate the air emissions impacts of the delay.  This action is to 1) Establish the Rule 1111 Mitigation Fee Alternate Compliance Fund, 2) Authorize the Executive Officer to: A) Recognize upon receipt mitigation fees paid by heating furnace manufacturers into the Rule 1111 Mitigation Fee Alternate Compliance Fund pursuant to Rule 1111 (c)(5); B) Refund mitigation fees paid in excess of the number of units distributed or sold into the SCAQMD during each one year Rule 1111 mitigation fee alternate compliance period pursuant to Rule 1111 (c)(5)(B); and C) Fund NOx emission reduction projects or series of projects in a timely manner that will offset and mitigate the more than 20 years of excess emissions from sale of non-compliant heating furnaces through Rule 1111 mitigation fee alternate compliance plans; 3) Adopt the attached resolution: A) Certifying the Final Environmental Assessment for Proposed Amended Rule 1111 - Reduction of NOx Emissions From Natural-Gas-Fired, Fan-Type Central Furnaces; and, B) Amending Rule 1111 - Reduction of NOx Emissions From Natural-Gas-Fired, Fan-Type Central Furnaces. (Reviewed: Stationary Source Committee, March 21 and June 20, 2014)

  • 33. Amend Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations

    Philip Fine

    (909) 396-2239
    The proposed amendment seeks to make administrative changes to the rule by removing obsolete rule language, and making minor revisions and editorial corrections. The proposed amendment also adds new definitions to promote clarity and consistency, and further aligns the transfer efficiency equivalency requirements with the state suggested control measure. This action is to adopt the resolution: 1) Determining that the proposed amendments to Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations are exempt from the requirements of the California Environmental Quality Act; and 2) Amending Rule 1151. (Reviewed: Stationary Source Committee, July 25, 2014)

  • OTHER BUSINESS

    34. 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. Since then additional truck project applicants have furnished information for completion of evaluations and the projects have passed CARB’s compliance check requirements. This action is to augment the list of truck projects, previously approved by the Board, with additional truck projects as outlined in Table 1. (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

(No Written Material)

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:

  • 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);
  • Friedman Marketing v. SCAQMD, California Court of Appeal, Second Appellate District, Case No. B249836 (Rule 461);
  • 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);
  • Petition for Declaratory Order by U.S. Environmental Protection Agency, Surface Transportation Board Docket No. FD 35803 (Railroad Rules);
  • 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);
  • 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);
  • SCAQMD v. U.S. EPA, U.S. Court of Appeals Ninth Circuit No. 13-73936 (Morongo Redesignation); and State of California et al., ex rel. David Sherwin v. Office Depot, Inc., Los Angeles Superior Court Case No. BC410135 (Qui Tam action); and
  • WildEarth Guardians, et al. v. U.S. Environmental Protection Agency, U.S. District Court for the District of Columbia Circuit, Case No. 14-1145 (request to intervene).

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 (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 54956.8 to discuss real property negotiations, as follows:

Property:  21825 Copley Drive, Diamond Bar, CA 91765
Agency Negotiator:  William Johnson
Negotiating Parties:  KB Homes
Under negotiation:  Term of payment and price for lease of property.

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