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GOVERNING BOARD AGENDA
MEETING, June 3, 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

Presentation of Retirement Award to Paul Wuebben, Burke

Opening Comments:

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

This Board package is also available combined as one file in .PDF format. (PDF, 14.6mb)

IPad and IPhone users with GoodReader or IAnnotate installed, tap below to download the Board package in the application selected:
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CONSENT CALENDAR (Items 1 through 16)

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

  1. Approve Minutes of May 6, 2011 Board Meeting (PDF, 265kb)
    McDaniel (909)396-2500
    Mail graphic (smcdaniel@aqmd.gov)

  2. Set Public Hearing July 8, 2011 to Consider Amendments and/or Adoption to AQMD Rules and Regulations (PDF, 14kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)

    1. Amend Rule 1133.1 – Chipping and Grinding Activities, and Adopt Rule 1133.3 – Emission Reductions from Greenwaste Composting Operations (PDF, k)
      Tisopulos (909) 396-3123
      Mail graphic (ltisopulos@aqmd.gov)
      Proposed Amended Rule 1133.1 will update the rule to be consistent with state requirements for ste that is chipped and ground. Proposed Rule 1133.3 will implement the 2007 AQMP Control Measure MCS-04 by establishing best management practices to reduce VOC and ammonia emissions from greenwaste composting operations. (Reviewed: Stationary Source Committee, April 15, 2011)

    [1] Note: At the May 6, 2011 Board meeting, the Board set a public hearing for July 8, 2011 to Amend Rule 1147 – NOx Reductions from Miscellaneous Sources.

Budget/Fiscal Impact

  1. Execute Contract for Continuation of Air Quality Institute (PDF, 32kb)
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    Since January 2006, the Board has authorized the implementation of several Air Quality Institute (AQI) programs to disseminate information and educate community, business and industry leaders and elected officials on air quality issues. Targeted audiences have included elected officials, business leaders, city and school officials, labor organizations, health-care and faith-based groups, and other leaders at the local and national level. In December 2010, the Board approved release of an RFP to solicit qualified firms to select a contractor to continue the AQI program. One response was received from this solicitation and reviewed by a panel. This action is to appropriate funds from the Undesignated Fund Balance to the Legislative & Public Affairs FY 2010-11 Budget, Services and Supplies Major Object Account and execute a contract with Cordoba Corporation for a one-year period at a cost not to exceed $133,470, with options for two one-year extensions. (Reviewed: Administrative Committee, May 13, 2011. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  2. Establish List of Prequalified Providers for Temporary Employment Services (PDF, 59kb)
    Johnson (909) 396-3018
    Mail graphic (bjohnson@aqmd.gov)
    On February 4, 2011, the Board approved release of an RFQ for temporary employment services. This action is to establish a list of prequalified agencies that will be used as needed to obtain temporary employment services for a three-year period, from July 1, 2011 to June 30, 2014. (Reviewed: Administrative Committee, May 13, 2011. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  3. Execute Contract for Resurfacing of Diamond Bar Headquarters Parking Structure Deck (PDF, 54kb)
    Johnson (909) 396-3018
    Mail graphic (bjohnson@aqmd.gov)
    On March 4, 2011, the Board authorized release of an RFP to resurface the upper deck of the two-level parking structure at the Diamond Bar Headquarters. This action is to execute a contract with Century Restoration, Inc., for an amount not to exceed $103,233. Funding for this contract is available in the FY 2010-11 Budget. (Reviewed: Administrative Committee, May 13, 2011. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  4. Establish Vice Chair’s Stipend Equal to that of What is Provided to AQMD’s Board Member Who Represents CARB (PDF, 40kb)
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    This item is to present background related to stipend for the Board Consultant reporting to the Vice Chair. In addition, it is recommended that the amount equal that provided to the Board Member representing both AQMD and CARB. (Review: Administrative Committee, May 13, 2011. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  5. Authorize Funding for Cost Offsets of Rule 1147 Equipment Certifications from Air Quality Investment Fund, Rule 1121 Emission Mitigation Fee Program (PDF, 52kb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    Rule 1147 was designed to reduce NOx emissions from a variety of Non-RECLAIM combustion sources. This rule allows equipment manufacturers to certify their equipment based on AQMD-approved test methods, eliminating the need for compliance testing at the end user level. This action is to authorize funding of $300,000 for equipment certifications from Air Quality Investment Fund, Rule 1121 Emission Mitigation Fee Program. The funding will be used to offset the cost of certification tests performed by AQMD-approved contractors, in an amount up to $25,000 per equipment certification. (Reviewed: Administrative Committee, May 13, 2011. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  6. Recognize Revenue and Execute Contracts for Truck Replacement Projects (PDF, 25kb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    On June 4, 2010, the Board recognized $5 million from U.S. EPA to sponsor diesel emission reduction projects. Staff is proposing to utilize a portion of those funds to cosponsor two diesel truck replacement projects in the City of San Bernardino and the Boyle Heights neighborhood in the City of Los Angeles. This action is to execute a contract with Electric Vehicle International, Inc. to demonstrate electric vehicles with UPS at a cost not to exceed $1.4 million from the Clean Fuels Fund. Finally, this action is also to execute a contract with Ace Beverage Co. to replace diesel trucks with new clean diesel trucks at a cost not to exceed $1.5 million from the Carl Moyer Program Fund. (Reviewed: Administrative Committee, May 13, 2011. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  7. Execute Contract for Expansion of Hydrogen Fueling Infrastructure (PDF, 18kb)
    Miyasato (909) 396-3249
    Mail graphic (mmiyasato@aqmd.gov)
    On March 23, 2011, the CEC approved the award for a project located in Laguna Niguel that will develop hydrogen fueling infrastructure within the South Coast Air Basin. The proposed Laguna Niguel station is strategically located and will play a significant role by providing hydrogen in a Southern California area that is expected to have a high fuel cell vehicle density. However, additional funds are needed to offset the production and distribution costs of up to 100% renewable hydrogen, as well as compression redundancy and the initial operational costs while vehicle volumes remain low. This action is to execute a contract with Linde, LLC, in an amount not to exceed $250,000 from the Clean Fuels Fund. (Reviewed: Administrative Committee, May 13, 2011. Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  8. Approve Alternative Fuel Infrastructure and Local Government Match Contract Awards under FY 2010-11 AB 2766 Discretionary Fund Work Program (PDF, 72kb)
    Winterbottom
    As part of their FY 2010-11 AB 2766 Discretionary Fund Work Program, MSRC issued Program Announcements for the Alternative Fuel Infrastructure and Local Government Match Programs. The MSRC approved multiple new contracts under these Programs, and seeks AQMD Board approval of these contract awards. (Reviewed: Mobile Source Air Pollution Reduction Review, May 19, 2011; Recommended for Approval)

    Items 11 through 16 -- Information Only/Receive and File

  9. Legislative & Public Affairs Report (PDF, 40kb)
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    This report highlights the April 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)

  10. Hearing Board Report (PDF, 163kb)
    Camarena (909) 396-2500
    Mail graphic (ecamarena@aqmd.gov)
    This reports the action taken by the Hearing Board during the period of April 1 through April 30, 2011. (No Committee Review)

  11. Civil Filings Report (PDF, 20kb)
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    This reports the legal actions filed by the District Prosecutor during April 1 through April 30, 2011. (No Committee Review)

  12. Lead Agency Projects and Environmental Documents Received by AQMD (PDF, 554kb)
    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 April 1, 2011 and April 30, 2011, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (No Committee Review)

  13. Rule and Control Measure Forecast (PDF, 144kb)
    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. 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)

  15. Items Deferred from Consent Calendar


    BOARD CALENDAR

    Note: The Mobile Source, Stationary Source, and Technology Committees did not meet in May. The next meetings of the Mobile Source, Stationary Source, and Technology Committees are scheduled for June 17, 2011

  16. Administrative Committee (PDF, 68kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)
    Chair: Burke
    (Receive & File)

  17. Investment Oversight Committee (PDF, 17kb)
    O’Kelly (909) 396-2828
    Mail graphic (mokelly@aqmd.gov)
    Chair: Antonovich
    (Receive & File)

  18. Legislative Committee (PDF, 875kb)
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    Chair: Carney

    Receive and file; and adopt the following positions as recommended:
    Bill/Title  Recommended Position
    AB 475 (Butler) Vehicles: Offstreet Parking: Electric Vehicles
    Watch
    SB 358 (Cannella) Income Tax: Gross Income: Exclusion: Air Quality Funds
    Support
    AB 880 (Perez) Environmental quality: CEQA: expedited environmental review
    Support
    SB 246 (De Leon) California Global Warming Solutions Act of 2006: Offsets
    Support with Amendments
    SB 862 (Lowenthal) Southern California Goods Movement Authority
    Support with Amendments

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

  20. California Air Resources Board Monthly Report (PDF, 80kb)
    McDaniel (909) 396-2500
    Mail graphic (smcdaniel@aqmd.gov)
    Board Rep: Loveridge
    (Receive & File)


    PUBLIC HEARINGS


  21. Adopt Proposed Rule 1325 – Federal PM2.5 New Source Review Program (PDF, 861kb)
    (Continued from the May 6, 2011 Board Meeting) 
    Tisopulos (909) 396-3123
    Mail graphic (ltisopulos@aqmd.gov)
    Staff is proposing to adopt Proposed Rule 1325 – Federal New Source Review Program, to incorporate U.S. EPA’s requirements for PM2.5 into Regulation XIII – New Source Review. This rule applies only to the South Coast Air Basin and to new major polluting facilities of PM2.5; major modifications to major polluting facilities of PM2.5; and any facility with an emissions increase or a potential to emit 100 tons per year or more of PM2.5 and its precursors. This action is to adopt the resolution 1) Certifying the Notice of Exemption for Proposed Rule 1325; and 2) Adopting Proposed Rule 1325. (Reviewed: Stationary Source Committee, March 18, 2011)

  22. Amend Rule 1113 – Architectural Coatings (PDF, 1.2mb)
    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. This action is to adopt the resolution: 1) Certifying the Final Environmental Assessment for Proposed Amended Rule 1113; and 2) Amending Rule 1113. (Reviewed: Stationary Source Committee, January 21, 2011 and March 18, 2011)

  23. Amend Rule 2005 – New Source Review for RECLAIM (PDF, 250kb)
    Tisopulos (909) 396-3123
    Mail graphic (ltisopulos@aqmd.gov)
    To offset emissions from a new or modified unit, Rule 2005 requires a RECLAIM facility to hold sufficient RECLAIM Trading Credits (RTCs) at the beginning of each year the unit is in operation. These RTC holding requirements may provide a disadvantage to modernization, potentially delaying emission reductions. The current proposal is to eliminate the requirement for existing facilities to hold RTCs in advance of second and subsequent years. All emissions will still be required to be offset by RTCs at the end of the applicable compliance period. This action is to adopt the resolution: 1) Certifying the Notice of Exemption for Proposed Amended Rule 2005; and 2) Amending Rule 2005. (Reviewed: Stationary Source Committee, January 21, 2011)

  24. Adopt Proposed Rule 310.1 - Amnesty for Unpermitted Equipment and Small Business Discount for Control Equipment (PDF, 156kb)
    Tisopulos (909) 396-3123
    Mail graphic (ltisopulos@aqmd.gov)
    Proposed Rule 310.1 - Amnesty for Unpermitted Equipment and Small Business Discount for Control Equipment will exempt owners and operators of unpermitted equipment that meet certain conditions from civil and criminal penalties and late filing fees if the necessary permit applications and fees are voluntarily filed and paid during the amnesty period of July 1, 2011 through December 31, 2011. In addition, the proposed rule provides an additional 50 percent discount to small businesses filing complete applications to install control equipment during the same time period. This rule implements Board direction to incentivize compliance and encourage emission reductions. This action is to adopt the resolution: 1) Certifying the Notice of Exemption for Proposed Rule 310.1; and 2) Adopting Rule 310.1. (Reviewed: Administrative Committee, May 13, 2011)


    OTHER BUSINESS


  25. Establish AB 1318 Mitigation Fee Fund (PDF, 19kb)
    O’Kelly (909) 396-2828
    Mail graphic (mokelly@aqmd.gov)
    This item is to establish an AB 1318 Mitigation Fee Fund from the construction of proposed power plant project resulting from CPV Sentinel agreement. The sum of $53,318,358.30, all of which is to be provided by CPV Sentinel, is to be placed in the AB 1318 Mitigation Fee Fund (Fund 58). (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)
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:

  • Cleanstreet v. SCAQMD, Los Angeles Superior Court Case No. BC441151;

  • NRDC, et al. v. SCAQMD, et al., Los Angeles Superior Court Case No. BS110792; 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;

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

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

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

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

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

  • Natural Resources Defense Council, et al. v. EPA, United States Court of Appeals, D.C. Circuit, Case No. 10-1056.

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 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 Vehiclebr> 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