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GOVERNING BOARD AGENDA
MEETING, April 1, 2011


A meeting of the South Coast Air Quality Management District Board will be held at 9:00 a.m., in the Auditorium at AQMD 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 Michael Rangel and Ranjit Vishwanath, Burke

This agenda is also available in .PDF format. (PDF, 5.9mb)

IPad and IPhone users with GoodReader or IAnnotate installed, tap below to download the Board package in the application selected:
GoodReader iAnnotate

CONSENT CALENDAR (Items 1 through 16)

Note: Consent Calendar items held for discussion will be moved to Item No. 17.

  1. Approve Minutes of March 4, 2011 Board Meeting (PDF, 242 kb)
    McDaniel (909)396-2500
    Mail graphic (smcdaniel@aqmd.gov)

  2. Set Public Hearings to Consider Amendments and/or Adoption to AQMD Rules and Regulations as follows: (PDF, 18 kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)

    1. Set Public Hearing May 6, 2011 to Adopt Proposed Rule 1325 – Federal PM2.5 New Source Review Program
      Tisopulos (909) 396-3123
      Mail graphic (ltisopulos@aqmd.gov)
      The District is required to submit a rule that incorporates U.S. EPA’s New Source Review requirements for PM2.5 by July 11, 2011 for inclusion into the SIP. Proposed Rule 1325 is designed to fulfill this requirement and would apply to 1) new major polluting facilities of PM2.5 or precursors in the South Coast Air Basin; 2) existing major polluting facilities of PM2.5 or precursors undergoing major modifications; and 3) any existing facility with an emissions increase of a potential to emit 100 tons per year or more of PM2.5 or any of its precursors. (Reviewed: Stationary Source Committee, March 18, 2011)

    2. Set Public Hearing June 3, 2011 to Amend Rule 1113 – Architectural Coatings
      Tisopulos (909) 396-3123
      Mail graphic (ltisopulos@aqmd.gov)
      The proposed amendments to Rule 1113 will further reduce VOC emissions from architectural coatings by limiting the allowable VOC content of previously unregulated colorants used to tint coatings at the point of sale; establishing VOC limits for certain new coating categories; and reducing the allowable VOC content for several existing coating categories. The proposed amendments will also revise the Averaging Compliance Option and Small Container Exemption, remove outdated language and provide rule clarification to improve its enforceability. (Reviewed: Stationary Source Committee, January 21, 2011 and March 18, 2011)

Budget/Fiscal Impact

  1. Authorize Purchase of Maintenance and Support Services for Server Hardware and Software (PDF, 22kb)
    Marlia (909) 396-3148
    Mail graphic (cmarlia@aqmd.gov)
    Servers are used by most enterprise-level software applications at the AQMD and currently support a suite of client/server and web-based applications known collectively as the Clean Air Support System. These applications are used to support all of the AQMD core activities. Maintenance support for these computers expires April 30, 2011. This action is to obtain approval for the sole source purchase of server hardware and software maintenance and support services from Hewlett Packard Company for one year. Funds ($92,000) for this expense are included in the FY 2010-11 Budget. (Reviewed: Administrative Committee, March 11, 2011, Recommended for Approval)

  2. Approve Transfer of Monies from General Fund to Health Effects Research Fund (PDF, 18 kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)
    In 2008, the Board established a Health Effects Research Fund initially funded at $1.5 million from the BP Arco Settlement Fund. The Board further authorized, upon annual Board approval, the transfer of 20% of annual penalty money received that exceeds $4 million in receipts to the Health Effects Research Fund. This action is to transfer $1,269,224 of the annual penalty money received in FY 2009-10 to the Health Effects Research Fund. (Reviewed: Administrative Committee, March 11, 2011; Recommended for Approval)

  3. Approve Issuance of Program Announcement for Locomotives and Rail Yard Emission Reduction Projects under FY 2008-09 “Year 2” Proposition 1B–Goods Movement Program (PDF, 761 kb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    On June 24, 2010, CARB allocated $110 million to the AQMD under the
    FY 2008-09 “Year 2” Proposition 1B–Goods Movement Program for implementation of projects in the Los Angeles/Inland Empire trade corridor. This action is to approve the release of a Program Announcement to solicit projects in the funding category of locomotives and rail yard emission reduction projects in the amount of $6.2 million. (Reviewed: Technology Committee, March 18, 2011, Recommended for Approval)

  4. Approve Contract Award and Modification and Issue Solicitations for On-Road and Off-Road Engine Repower Programs under FY 2010-11 AB 2766 Discretionary Fund Work Program
    (PDF, 1.4mb)
    Pettis
    As part of their FY 2010-11 AB 2766 Discretionary Fund Work Program, the MSRC issued a Program Announcement to solicit applications for transportation programs to assisted congested event centers. On March 17, 2011, the MSRC awarded a contract to Orange County Transportation Authority for a program to provide express bus service for the 2011 Orange County Fair. The MSRC also approved a $1,800 contract value increase to continue maintenance of its existing website while a new website is being developed. On this date the MSRC also approved release of two additional solicitations under the FY 2010-11 Work Program: 1) On-Road Alternative Fuel Engine Repowers and 2) Off-Road Engine Repowers. At this time the MSRC seeks Board approval of the contract award and modification and to release the solicitations. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, March 17, 2011; Recommended for Approval)

  5. Execute Contract for Demonstration of Stationary Fuel Cells at AQMD Headquarters (PDF, 31kb)
    Miyasato (909) 396-3249
    Mail graphic (mmiyasato@aqmd.gov)
    In October 2010, the Board released an RFP to solicit bids for the demonstration of natural gas-fueled stationary fuel cells at the AQMD headquarters. Staff proposes to install stationary fuel cells at the AQMD headquarters as a demonstration project to accelerate commercialization, gain operational experience, and increase public awareness of the efficiency and air quality benefits of this clean air technology. This action is to execute a contract with Clearedge Power, Inc. to install up to two 5 kW fuel cells at a cost not to exceed $176,015 from the Clean Fuels Program Fund. (Reviewed: Technology Committee, March 18, 2011; Recommended for Approval)

  6. Amend Salary Resolution on AQMD Policy for Catastrophic Leave (PDF, 18kb)
    Johnson (909) 396-3018
    Mail graphic (bjohnson@aqmd.gov)
    This action is to amend the Salary Resolution to allow Designated Deputy participation in the Catastrophic Leave program and to allow donations to occur during any pay period in the year, as needed, with Executive Officer approval. (Reviewed: Administrative Committee, March 11, 2011; Recommended for Approval)

  7. Appropriate Funds and Authorize Entering into New Contract and Amending Existing Contract with Special Outside Counsel to Assist with Litigation Regarding SB 827 and AB 1318 and Internal Offset Accounts (PDF, 22kb)
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    This item is to consider appropriating funds from Rule 1309.1 Priority Reserve Fund (Fund 36) and entering into a new contract and amending an existing contract with outside counsel to assist in defending the agency in litigation relating to operation of the internal offset accounts, including readoption of Rule 1315 and implementation of SB 827 and AB 1318. Additional funding is necessary for three pending projects – advice and litigation relating to the CEQA document for readoption of Rule 1315; the ongoing state-court lawsuit regarding AB 1318 and SB 827; and the EPA petition regarding this legislation. (Reviewed: Administrative Committee, March 11, 2011, Recommended for Approval)

    Items 10 through 16 -- Information Only/Receive and File

  8. Legislative & Public Affairs Report (PDF, 50 kb)
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    This report highlights the February 2011 outreach activities of Legislative & 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)

  9. Hearing Board Report (PDF, 158kb)
    Camarena (909) 396-2500
    Mail graphic (ecamarena@aqmd.gov)
    This reports the action taken by the Hearing Board during the period of February 1 through February 28, 2011. (No Committee Review)

  10. Civil Filings and Civil Penalties Report (PDF, 84kb)
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    This reports the monthly penalties from February 1 through February 28, 2011, and legal actions filed by the District Prosecutor during February 1 through February 28, 2011. An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, March 18, 2011)

  11. Lead Agency Projects and Environmental Documents Received by AQMD (PDF, 440 kb)
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between February 1, 2011 and February 28, 2011, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Reviewed: Mobile Source Committee, March 18, 2011)

  12. Rule and Control Measure Forecast (PDF, 155kb)
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2011. (No Committee Review)

  13. Report of RFPs and RFQs Scheduled for Release in April (PDF, 35kb)
    O’Kelly (909) 396-2828
    Mail graphic (mokelly@aqmd.gov)
    This report summarizes the RFPs and RFQs for budgeted services over $75,000 scheduled to be released for advertisement for the month of April. (Reviewed: Administrative Committee, March 11, 2011; Recommended for Approval)

  14. Status Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2010-11 (PDF, 33kb)
    Marlia (909) 396-3148
    Mail graphic (cmarlia@aqmd.gov)
    Information Management is responsible for data systems management services in support of all AQMD 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 2010-11. (No Committee Review)

  15. Items Deferred from Consent Calendar


    BOARD CALENDAR

    Note: The March 2011 CARB meeting was cancelled; the next meeting is scheduled for April 28 & 29, 2011. 

  16. Administrative Committee (PDF, 201kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)
    (Receive & File)
    Chair: Burke

  17. Legislative Committee (PDF, 440 kb)
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    Chair: Carney
    Receive and file; and adopt the recommended positions on legislation as follows:
    Bill/Title Recommended Position
    AB 638 (Skinner) Fuel Resources: State Energy Resources Conservation and Development Commission Support
    AB 650 (Blumenfield) Blue Ribbon Task Force on Public Transportation for the 21st Century Support with Amendments
    SB 209 (Corbett) Common Interest Developments: Electric Vehicle Charging Stations Support
    SB 410 (Wright) Energy: Public Interest Research, Development, and Demonstration Program Support
    SB 739 (Lowenthal) Ports: Congestion Relief: Air Pollution Mitigation Support

  18. Mobile Source Committee (PDF, 43 kb)
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    (Receive & File)
    Chair: Loveridge

  19. Stationary Source Committee (PDF, 57 kb)
    Nazemi (909) 396-2662
    Mail graphic (mnazemi1@aqmd.gov)
    (Receive & File)
    Chair: Yates

  20. Technology Committee (PDF, 430 kb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    (Receive & File)
    Chair: Gonzales  

  21. Mobile Source Air Pollution Reduction Board Review Committee (PDF, 323 kb)
    Hogo (909) 396-3184
    Mail graphic (hhogo@aqmd.gov)
    (Receive & File)
    Liaison: Antonovich

  22. California Fuel Cell Partnership Steering Team Meeting Summary and Quarterly Update (PDF, 281 kb)
    Miyasato (909) 396-3249
    Mail graphic (mmiyasato@aqmd.gov)

    (Receive & File)
    This report summarizes the California Fuel Cell Partnership Steering Team meeting held February 8-9, 2011 and provides a quarterly update for the period beginning October 2010. (Reviewed: Technology Committee, March 18, 2011; Recommended for Approval)

    Staff Presentation/Board Discussion

  23. Report on Outreach Plan Regarding Hybrid Electric and Pure Electric Vehicles
    (No written material)
    Miyasato (909) 396-3249
    Mail graphic (mmiyasato@aqmd.gov)

    Staff will present a preliminary approach to expand outreach to the fleet operators and the general public to facilitate use of hybrid and pure electric vehicles.

    PUBLIC HEARING


  24. Amend Rule 1150.1 - Control of Gaseous Emissions from Municipal Solid Waste Landfills (PDF, 537kb)
    (Continued from February 4, 2011 Board Meeting)
    Tisopulos (909) 396-3123
    Mail graphic (ltisopulos@aqmd.gov)
    The proposed amendments will incorporate provisions to make the rule consistent with a CARB statewide rule for landfills, add NESHAP requirements which are already in effect, make minor corrections for clarity and amendments to reduce recordkeeping and reporting requirements to multiple agencies. This action is to adopt the resolution: 1) Certifying the Notice of Exemption for the proposed amendments to Rule 1150.1; and 2) Amending Rule 1150.1. (Reviewed: Stationary Source Committee, July 23, 2010 and January 21, 2011)

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 (909) 396-3460
Mail graphic (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:

  • Mary Woods v. SCAQMD, Orange County Superior Court Case No. 30-2009-0011788;

  • NRDC, et al. v. SCAQMD, et al., U.S. District Court Case No. CV08-05403 GW (PLAx) and U.S. Court of Appeals, Ninth Circuit, Case No. 09-57064;

  • CCAT, et al. v. State of California; SCAQMD, et al., Los Angeles Superior Court Case No. BS124264 and California Court of Appeal, Second District, Case No. B226692;

  • Petition Before the Administrator of the U.S. Environment Protection Agency In the Matter of Alleged Failure of California to Comply with Mandatory Procedures to Amend SIP Regarding Internal Bank Offset Credits Held by the South Coast Air Quality Management District (filed December 10, 2009);

  • NPCA v. SCAQMD, Court of Appeal, Fourth Appellate District, Division Three, Case No. G040122 and Supreme Court of California Case No. S177823;

  • W.M. Barr & Company, Inc. v. SCAQMD, Los Angeles Superior Court Case No. BS127359;

  • Southern California Gas Company v. SCAQMD, Los Angeles Superior Court Case No. BS122004;

  • Natural Resources Defense Council, et al. v. EPA, U.S. Court of Appeals, Ninth Circuit, Case No. 08-72288;

  • Association of Irritated Residents v. EPA, U.S. Court of Appeals, Ninth Circuit, Case Nos. 09-71383 and 09-71404.

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 AQMD 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 to cob@aqmd.gov 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