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GOVERNING BOARD AGENDA
MEETING, February 4, 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

Swearing In of Reappointed Board Members Josie Gonzales and Ronald O. Loveridge and Newly Appointed Board Member Shawn Nelson, Burke

Opening Comments:

  • William A. Burke, Ed.D., Chair
  • Other Board Members
  • Barry R. Wallerstein, D. Env., Executive Officer

Update on Distribution of ‘State of the Air’ Video to Local Cable and Public Access TV Stations in South Coast Air Basin, Atwood
(No Written Material)

This agenda is also available in .PDF format. (PDF, 32.5mb)

IPad and IPhone users with GoodReader installed tap here.

CONSENT CALENDAR (Items 1 through 18)

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

  1. Approve Minutes of January 7, 2011 Board Meeting (PDF, 183kb)
    McDaniel (909)396-2500
    Mail graphic (smcdaniel@aqmd.gov)

  2. Set Public Hearing March 4, 2011 to Consider Amendments and/or Adoption to AQMD Rules and Regulations (PDF, 7.3kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)

    1. Amend Regulation IX - Standards of Performance for New Stationary Sources (PDF, 155k)
      Periodic amendments to Regulation IX incorporate new or amended federal standards by reference. The standard for Portland Cement Manufacturing enacted by U.S. EPA in 2010, for NSPS, is proposed for incorporation into Regulation IX. (Reviewed: Stationary Source Committee, January 21, 2011)


Budget/Fiscal Impact

  1. Amend Contract for Policy Consultation Regarding Local, State and Federal Transportation Issues (PDF, 18kb)
    Ganguli (909) 396-3185
    Mail graphic (aganguli@aqmd.gov)
    On January 8, 2010 the Board approved a contract for policy consultation regarding local, state and federal transportation issues with the Lee Andrews Group, which expires in February 2011. The contractor has provided valuable services on transportation issues and staff wishes to retain them for further consultation in the transportation arena, to further advance AQMD’s clean air agenda this year. The current contract has options for two one-year extensions. This action is to approve the first one-year extension of the existing contract. Total contract amount shall not exceed $100,000 for a one-year period starting February 2011, which is the existing contract amount. (Reviewed: Administrative Committee, January 14, 2011; Recommended for Approval)

  2. Execute Sole Source Contracts, Amend Contract, and Recognize Revenues for CNG Vehicles and Education and Training in Support of U.S. DOE Clean Cities Programs (PDF, 37kb)
    Hogo (909) 396-3184
    Mail graphic (hhogo@aqmd.gov)
    In December 2009, the Board awarded two sole source contracts for the purchase of CNG taxicabs and shuttle vans. This action is to deobligate funds for the award for CNG shuttle vans and award to three companies providing shuttle services at LAX. The three companies will operate 20 CNG shuttle vans and 15 CNG shuttle buses at a cost not to exceed $561,100 from the Clean Fuels Program. Southern California Gas Company has expressed interest in partnering with AQMD on conducting natural gas-powered vehicle safety training, and partner with AQMD on a CNG Fuel System Inspector Certification program. This action is also to recognize revenues from the Gas Company and augment funding of an existing contract with Advanced Transportation Technology and Energy Network of the California Community Colleges to expand the CNG vehicle training/safety and fuel cylinder inspection program at a total cost not to exceed $160,000. (Reviewed: Technology Committee, January 21, 2011; Recommended for Approval)

  3. Execute Contract to Develop and Demonstrate Hydraulic Hybrid Heavy-Duty Vehicles (PDF, 20kb)
    Miyasato (909) 396-3249
    Mail graphic (mmiyasato@aqmd.gov)
    Heavy-duty fleet vehicles represent a targeted category for emission reductions within the South Coast Air Basin. Parker Hannifin proposes to work in partnership with the AQMD, Freightliner and Coca-Cola to develop and demonstrate up to four heavy-duty hydraulic hybrid delivery vehicles. These delivery vehicles will be deployed in Coca-Cola’s normal fleet to evaluate their performance, operating cost and emissions benefit. This action is to execute a contract with Parker Hannifin for an amount not to exceed $250,000 from the Clean Fuels Fund. The total cost of this proposed project is $2,000,000. (Reviewed: Technology Committee, January 21, 2011; Recommended for Approval)

  4. Execute Contract to Develop and Demonstrate Plug-In Hybrid Electric Drive System for Medium- and Heavy-Duty Vehicles (PDF, 20kb)
    Miyasato (909) 396-3249
    Mail graphic (mmiyasato@aqmd.gov)
    Medium- and heavy-duty fleet vehicles represent a large emissions category within the South Coast Air Basin. Odyne Systems, LLC (Odyne) proposes to work in partnership with the AQMD, U.S. Department of Energy, Los Angeles Department of Water and Power and Los Angeles County to develop and demonstrate up to two medium- and heavy-duty plug-in hybrid electric vehicles. These vehicles will be deployed in normal fleet service to evaluate their utility, emissions reduction and fossil fuel consumption reduction potential. This action is to execute a contract with Odyne in an amount not to exceed $494,000 from the Clean Fuels Fund. The total cost for this proposed project is $2,599,000. (Reviewed: Technology Committee, January 21, 2011; Recommended for Approval)

  5. Transfer Funds from Clean Fuels Fund to DOE Plug-in Hybrid Electric Vehicle Fund (PDF, 14kb)
    Miyasato (909) 396-3249
    Mail graphic (mmiyasato@aqmd.gov)
    The AQMD received a $5 million award from the California Energy Commission (CEC) to cofund the DOE medium-duty Plug-in Hybrid Electric Vehicle (PHEV) demonstration program. A condition of the award requires the AQMD to incur cost before corresponding payments can be made by the CEC. To comply with the conditions of the CEC award, it is requested that up to $5 million be transferred as a loan from the Clean Fuels Fund to the DOE PHEV Fund. The transferred funds will be used to pay contractual obligations toward work completed on the medium-duty PHEV program. The AQMD will be reimbursed by the CEC for these payments made to subcontractors and will subsequently reimburse the Clean Fuels Fund. (Reviewed: Technology Committee, January 21, 2011; Recommended for Approval)

  6. Execute Contract for Janitorial Services at Diamond Bar Headquarters (PDF, 19kb)
    Johnson (909) 396-3018
    Mail graphic (bjohnson@aqmd.gov)
    The current contract for Diamond Bar headquarters janitorial services was due to expire on October 31, 2010. On September 10, 2010, the Board extended the contract for up to six months, pending a determination whether to contract out or hire employees to perform these services. Upon considering both options, the Board approved the release of an RFP to solicit proposals from firms interested in providing these services. This action is to execute a new two-year contract with Diamond Contract Services, for a total amount not to exceed $825,896. Funding has been included in the FY 2010-11 Budget and will be requested in successive fiscal years. (Reviewed: Administrative Committee, January 14, 2011; Recommended for Approval)

  7. Amend Contract to Provide Technical Support for AQMD PAMS Upper Air Meteorological Monitoring Network (PDF, 12kb)
    Tisopulos (909) 396-3123
    Mail graphic (ltisopulos@aqmd.gov)
    On February 5, 2010, the Board awarded a new contract with Sonoma Technology, Inc. (STI) to provide technical support for the AQMD PAMS Upper Air Monitoring Network, with options for three annual contract renewals. This action is to amend the STI contract for the next year of field support and data management for the upper air measurement program at a cost not to exceed $100,000. This exercises the first of three renewal options based on STI’s responsiveness and satisfactory performance, bringing the contract total to $190,000. Funding for this contract amendment is allocated in the U.S. EPA 19th Year Section 105 Grant for the PAMS program. (Reviewed: Administrative Committee, January 14, 2011; Recommended for Approval)

  8. Issue Solicitations for Off-Road Diesel Exhaust After-treatment Demonstration and Major Event Center Transportation Programs under MSRC's FY 2010-11 AB 2766 Discretionary Fund Work Program  (PDF, 987kb)
    Winterbottom
    The MSRC approved release of an RFQ to solicit manufacturers’ applications for after-treatment devices to be demonstrated on off-road vehicles and a Program Announcement to solicit applications for vehicles to be retrofitted with such devices. The MSRC also approved release of a Program Announcement for a major event center transportation service program to assist congested venues not currently served by sufficient transportation service. The MSRC seeks Board approval to release the solicitations at this time as part of the FY 2010-11 AB 2766 Discretionary Fund Work Program. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, January 20, 2011; Recommended for Approval)

    Items 11 through 18 -- Information Only/Receive and File


  9. Legislative & Public Affairs Report (PDF, 29kb)
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    This report highlights the December 2010 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)

  10. Hearing Board Report (PDF, 46kb)
    Camarena (909) 396-2500
    Mail graphic (ecamarena@aqmd.gov)
    This reports the action taken by the Hearing Board during the period of December 1 through December 31, 2010. (No Committee Review)

  11. Civil Filings and Civil Penalties Report (PDF, 103kb)
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    This reports the monthly penalties from November 1 through December 31, 2010, and legal actions filed by the District Prosecutor during December 1 through December 31, 2010. An Index of District Rules is attached with the penalty report. (No Committee Review)

  12. Lead Agency Projects and Environmental Documents Received by AQMD (PDF, 394kb)
    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 December 1, 2010 and December 31, 2010, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Reviewed: Mobile Source Committee, January 21, 2011)

  13. Rule and Control Measure Forecast (PDF, 92kb)
    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)

  14. Report of RFPs and RFQs Scheduled for Release in February (PDF, 12kb)
    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 February. (Reviewed: Administrative Committee, January 14, 2011; Recommended for Approval)

  15. Summary of Changes to FY 2010-11 Approved Budget (PDF, 14kb)
    O’Kelly (909) 396-2828
    Mail graphic (mokelly@aqmd.gov)
    This is the mid-year report of budget changes for FY 2010-11. (No Committee Review)

  16. Status Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2010-11 (PDF, 32kb)
    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)
     
  17. Items Deferred from Consent Calendar


    BOARD CALENDAR
    Note: There was no CARB meeting held in January; the next meeting is scheduled for February 24, 2011. 

  18. Administrative Committee (PDF, 20kb)
    Chair: Burke
    (Receive & File)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)

  19. Legislative Committee (PDF, 113k)
    Chair: Carney
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    Receive and file; and adopt the following action as recommended:
    Agenda Item Recommended Action
    Pension Reform Principles Approve with amendment


  20. Mobile Source Committee (PDF, 39kb)
    Chair: Loveridge
    (Receive & File)
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)

  21. Stationary Source Committee (PDF, 41kb)
    Chair: Yates
    (Receive & File)
    Nazemi (909) 396-2662
    Mail graphic (mnazemi1@aqmd.gov)

  22. Technology Committee (PDF, 32kb)
    Chair: Gonzales
    (Receive & File)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)

  23.  Board Liaison: Antonovich
    (Receive & File)
    Hogo (909) 396-3184
    Mail graphic (hhogo@aqmd.gov)

    PUBLIC HEARINGS

  24. Adopt Proposed Rule 1315 – Federal New Source Review Tracking System
    (PDF, 29mb)
    Errata (pdf, 17kb)
    (Continued from January 7, 2011 Board Meeting for Board Deliberation Only)

    Nazemi (909) 396-2662
    Mail graphic (mnazemi1@aqmd.gov)

  25. Receive Public Input on Executive Officer’s Proposed Program Goals/Objectives for FY 2011-12 (PDF, 60kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)
    A set of priority goals for the FY 2011-12 Budget has been developed. The Executive Officer wishes to receive public and Board Member input on these priority goals as they serve as the foundation of AQMD’s Work Program. (Reviewed: Administrative Committee, January 14, 2011)

  26. Amend Rule 1150.1 - Control of Gaseous Emissions from Municipal Solid Waste Landfills (PDF, 520kb)
    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)

  27. Amend Rule 317 – Clean Air Act Non-Attainment Fees (PDF, 1.5mb)
    Tisopulos (909) 396-3123
    Mail graphic (ltisopulos@aqmd.gov)
    Sections 182 and 185 of the Clean Air Act, as amended in 1990, require major stationary sources of NOx and VOC located in air basins that do not attain the federal one-hour ozone standard by the statutory deadline pay mitigation fees based upon a prescribed formula each year until attainment is demonstrated. The proposed amended rule provides for compliance with the Clean Air Act by utilizing a fee equivalent approach as provided in Section 172(e) of the Act. The fee equivalent approach recognizes funding from programs that are surplus to the SIP and provide for air quality improvement projects in the SCAQMD. Proposed Amended Rule 317 replaces 2007 AQMP Control Measure MCS-08, 1997 AQMP FSS-04 (same as in 2003 AQMP), and 1994 AQMP CTY-10. This action is to Adopt the resolution: 1) Certifying the Final Subsequent Environmental Assessment for Proposed Amended Rule 317 – Clean Air Act Non-Attainment Fees, and 2) Amending Rule 317 – Clean Air Act Non-Attainment Fees, to replace Control Measure MCS-08 of the 2007 AQMP and its predecessor control measures. (Reviewed: Stationary Source Committee, January 21, 2011)


    OTHER BUSINESS

  28. Make Findings Regarding Board Member Assistant/Consultant (PDF, 67kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)
    This action is for the Board to act in the place of the Administrative Committee to review a Board Member's Proposal for SCAQMD Board Member Assistant/Consultant and make the findings required by Board policy.


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:

  • NRDC, et al. v. SCAQMD, et al., U.S. District Court Case No. CV08-05403 GW (PLAx) and United States Court of Appeals, 9th 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, 4th 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;

  • Communities for a Better Environment v. South Coast Air Quality Management District, et al., Los Angeles Superior Court Case No. BS091275, and Carlos Valdez, et al. v. South Coast Air Quality Management District, et al., Los Angeles Superior Court Case No. BS091276, Court of Appeal of the State of California Case No. B193500, and Supreme Court of California Case No. S161190;

  • Natural Resources Defense Council, et al. v. EPA, United States Court of Appeals, 9th Circuit, Case No. 08-72288;

  • Pacific Merchant Shipping Association v. Goldstene, United States District Court, Eastern, Case No. 09-01151, U.S. Court of Appeals, 9th Circuit, Case No. 09-17765; and

  • Neenah Enterprises, Inc., et al, United States Bankruptcy Court for the District of Delaware, Case No. 10-10360 (MFW) [Neenah Enterprises is the parent of Gregg Industries].

It is also necessary for the Board to recess to closed session under Government Code section 54956.9(c) to consider initiation of litigation (one case).

In addition, it is also necessary for the Board to recess to closed session pursuant to Government Code sections 54956.8 to confer regarding real property negotiations regarding:

Property: 21825 Copley Drive, Diamond Bar, California 91765
Agency Negotiator: Barry Wallerstein
Negotiating Party: City of Diamond Bar
Under Negotiation: Price and terms of lease.

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