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GOVERNING BOARD AGENDA
MEETING, February 3, 2012


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

Swearing In of Reappointed Board Members, Burke


This agenda is also available in .PDF format. (PDF, 11.4mb)

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 17)

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

  1. Approve Minutes of January 6, 2012 Board Meeting (PDF, 235kb)
    McDaniel (909)396-2500
    Mail graphic (smcdaniel@aqmd.gov)

  2. Set Public Hearing March 2, 2012 to Consider Amendments and/or Adoption to AQMD Rules and Regulations (PDF, 25kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)

    1. Amend Rule 1470 – Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines
      The proposal would amend Rule 1470 in response to the 2007 and 2011 amendments to the state Airborne Toxic Control Measure (ATCM) for Stationary Compression Ignition Engines and the Board’s direction on October 7, 2011. The key amendments primarily impact new stationary emergency standby diesel engines NOx and PM requirements. The NOx emission limits would be removed due to technical feasibility, and PM requirements would be retained for engines located near sensitive receptors. Other amendments are also proposed to directly reference the ATCM or to coincide with the ATCM amendments. (Reviewed: Stationary Source Committee, June 17, 2011, September 23, 2011, and January 20, 2012)

Budget/Fiscal Impact

  1. Amend Contract to Purchase CNG-Powered Shuttle Vans in Support of U.S. DOE Clean Cities Programs Energy Policy item(PDF, 47kb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    In February 2011, the Board awarded a sole source contract for the purchase of CNG-powered shuttle vans and cutaway buses in support of a U.S. DOE Clean Cities Program. This action is to deobligate funds awarded to purchase nine cutaway buses and award those funds to purchase 14 shuttle vans providing ground transportation services at LAX and commercial airports in the AQMD jurisdiction. The proposal is to amend a contract with SuperShuttle and provide the deobligated funds of $144,300 from the Clean Fuels Program for a total of $464,900. (Reviewed: Technology Committee, January 20, 2012; Recommended for Approval)

  2. Execute Contracts for Heavy-Duty Natural Gas Solid Waste Collection and Goods Movement TrucksEnergy Policy item(PDF, 142kb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    On September 9, 2011, the Board released a Program Announcement to solicit applications for incentive awards for the purchase of natural gas trucks for solid waste collection and goods movement. This action is to approve awards in the amount of up to $5,308,772, comprised of $1,749,612 from Caltrans for the purchase of 72 solid waste collection trucks, and up to $3,559,160 in returned and remaining funds from the CEC, U.S. EPA and DOE grants for the purchase of 41 goods movement trucks. (Reviewed: Technology Committee, January 20, 2012; Less than a quorum was present; the Committee Members concurred that this item be approved by the Board.)

  3. Authorize Acquisition of Seven Advanced Technology Vehicles for AQMD’s Alternative Fuel Vehicle Demonstration ProgramEnergy Policy item(PDF, 35kb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    The AQMD tests and demonstrates new vehicles with low- and zero-emission technologies as they become available. This action is to lease three BMW ActiveE electric vehicles, lease two Mercedes F-cell fuel cell vehicles, and purchase two Chevrolet Volt extended-range electric vehicles. Total cost to the AQMD for these seven vehicles will not exceed $174,900 from the Clean Fuels Fund (31). (Reviewed: Technology Committee, January 20, 2012; Recommended for Approval)

  4. Issue Program Announcements for Electric Lawn Mower Vendors, Licensed Scrappers and Support Service ProvidersEnergy Policy item(PDF, 2.4mb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    Staff proposes to extend the successful Lawn Mower Exchange Programs by offering similar incentives in the Spring of 2012 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 2012 program, and from licensed scrappers and support service providers to physically handle mowers at lawn mower exchange events. (Reviewed: Mobile Source Committee, January 20, 2012; Recommended for Approval)

  5. Issue RFP for Replacement of Heating, Ventilation, and Air Conditioning Black Steel Piping at AQMD Headquarters (PDF, 598kb)
    Johnson (909) 396-3018
    Mail graphic (bjohnson@aqmd.gov)
    On the morning of Monday, November 7, 2011 a leak in the hot water supply line for the Heating, Ventilation, and Air Conditioning (HVAC) system in the ceiling above the Hearing Board room occurred, causing major damage to the Hearing Board room and surrounding conference rooms. The emergency plumbing repairs are complete, however, as a preventative measure, additional black steel pipes need to be replaced. This action is to issue an RFP to solicit proposals from qualified contractors to replace black steel pipes with copper piping, isolation valves and pipe insulation. Sufficient funds are available in the Designation for Facilities Refurbishing for these repairs. (Reviewed: Administrative Committee, January 13, 2012; Recommended for Approval)

  6. Establish List of Prequalified Vendors to Provide Computer, Network, and Printer Hardware and Software (PDF, 39kb)
    Marlia (909) 396-3148
    Mail graphic (cmarlia@aqmd.gov)
    On November 4, 2011, the Board approved the release of a Request for Qualifications and Quotations (RFQQ) to prequalify vendors for computer, network, and printer hardware and software. As a result of successful responses to this RFQQ, fourteen vendors were identified as capable of providing these products. This action is to approve these fourteen vendors to provide these products for a two-year period. Funds ($200,000) for these purchases are included in the FY 2011-12 Budget and will be included in the following FY 2012-13 Proposed Budget. (Reviewed: Administrative Committee, January 13, 2012; Recommended for Approval)

  7. Appropriate Funds from Designation for Litigation and Enforcement and Authorize Amending/Initiating Contracts with Outside Counsel (PDF, 19kb)
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    AQMD District Counsel is currently being assisted in several lawsuits by outside law firms, including defending against the Railroads’ motion, multiple lawsuits challenging the consumer products rule – Rule 1143, preparing for the expected lawsuit challenging Rule 1315 – Federal New Source Review Tracking System, and other matters requiring specialized legal counsel. This action is to appropriate $250,000 from the Designation for Litigation and Enforcement to the Legal Budget, Professional and Special Services account, and to authorize the Executive Officer to amend or initiate contracts to expend these funds with pre-qualified counsel approved by the Board as well as specialized legal counsel with monies to be appropriated as the need arises. (Reviewed: Administrative Committee, January 13, 2012; Recommended for Approval)

  8. Voluntary Agreement with Cabazon Band to Create Partnership to Implement Cooperative Sampling, Monitoring and Enforcement Program related to Air Pollution Control (PDF, 2.8mb)
    Feldman (909) 396-3455
    Mail graphic (nfeldman@aqmd.gov)
    The District staff and the Cabazon Band of Mission Indians have prepared a cooperative agreement which provides a means by which the District will participate in the development and enforcement of permits to operate related to air pollution control. The permits will be issued by the tribe to businesses located in their Resource Recovery Park located in Mecca. The District will provide the necessary technical and engineering expertise to ensure that businesses operate in compliance with all substantive requirements in District rules. Any violations of permit conditions that may occur will be reviewed by a Tribal Environmental Board and, if necessary, enforced by District Prosecutors through the tribal court. (Reviewed: Administrative Committee; January 13, 2012; Recommended for Approval)

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


  9. Legislative & Public Affairs Report (PDF, 44kb)
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    This report highlights the December 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, 171kb)
    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, 2011. (No Committee Review)

  11. Civil Filings and Civil Penalties Report (PDF, 82kb)
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    This reports the monthly penalties from December 1 through December 31, 2011, and legal actions filed by the District Prosecutor during December 1 through December 31, 2011. An Index of District Rules is attached with the penalty report. (Reviewed: Stationary Source Committee, January 20, 2012)

  12. Lead Agency Projects and Environmental Documents Received by AQMD (PDF, 465kb)
    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, 2011 and December 31, 2011, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Reviewed: Mobile Source Committee, January 20, 2012)

  13. Rule and Control Measure Forecast (PDF, 160kb)
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2012. (No committee review)

  14. Summary of Changes to FY 2011-12 Approved Budget (PDF, 29kb)
    O’Kelly (909) 396-2828
    Mail graphic (mokelly@aqmd.gov)
    This is the mid-year report of budget changes for FY 2011-12. (No Committee Review)

  15. Status Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2011-12 (PDF, 37kb)
    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 2011-12. (No Committee Review)

  16. Items Deferred from Consent Calendar


    BOARD CALENDAR

    Note: The January meeting of the Mobile Source Air Pollution Reduction Review Committee was canceled. The next meeting is scheduled for February 16, 2012. 

  17. Administrative Committee (PDF, 75kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)
    Chair: Burke
    (Receive & File)

  18. Legislative Committee (PDF, 492kb)
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    Chair: Carney
    Receive and file; and adopt the following action as recommended:
    Agenda Item Recommended Position
    SB 358 (Cannella) Income Tax: Gross Income: Exclusion: Air Quality Funds
    OPPOSE IF AMENDED


  19. Mobile Source Committee (PDF, 49kb)
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    Chair: Loveridge
    (Receive & File)

  20. Stationary Source Committee (PDF, 51kb)
    Nazemi (909) 396-2662
    Mail graphic (mnazemi1@aqmd.gov)
    Chair: Yates
    (Receive & File)

  21. Technology Committee (PDF, 38kb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    Chair: Gonzales
    (Receive & File)

  22. California Air Resources Board Monthly Report (PDF, 78kb)
    McDaniel (909) 396-2500
    Mail graphic (smcdaniel@aqmd.gov)
    Board Rep: Loveridge
    (Receive & File)

  23. Status Report on Regulation XIII - New Source Review (PDF, 139kb)
    Nazemi (909) 396-2662
    Mail graphic (mnazemi1@aqmd.gov)
    This report presents the federal final determination of equivalency for January 2007 through December 2007, January 2008 through December 2008, and January 2009 through December 2009, and the federal preliminary determination of equivalency for January 2010 through December 2010. As such, it provides information regarding the status of Regulation XIII – New Source Review in meeting federal NSR requirements and shows that AQMD’s NSR program is in compliance with applicable federal requirements from January 2007 through December 2010. (Reviewed: Stationary Source Committee, January 20, 2012)

  24. Designation of Environmental Justice and Close Proximity Areas for Coachella Valley and Release RFP for Projects Under AB 1318 Mitigation Fees Fund (PDF, 4.9mb)
    (Continued from January 6, 2012 Board Meeting)

    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    AB 1318 established requirements for mitigation funds from the CPV Sentinel Energy Project power plant, including the requirement that at least 30% of the mitigation funding is distributed in Environmental Justice (EJ) areas within the District. AB 1318 made reference to EJ areas as designated in AQMD Rule 1309.1, as adopted in August 2007. While the EJ criteria in Rule 1309.1 were intended for all areas within the District, the map included in the 2007 version of the rule did not include a depiction of the Coachella Valley EJ areas. This action is to approve the Coachella Valley EJ designations and map based on the same Rule 1309.1 criteria referenced in AB 1318. In addition, this action is to also define “close proximity” relative to the power plant for the purpose of allocating an additional 30% of available funds. Finally, this action is to also issue an RFP to solicit projects for funding under the AB 1318 Mitigation Fees Fund. (Reviewed: Stationary Source Committee, November 18, 2011; Administrative Committee, January 13, 2012; Recommended for Approval)


    Staff Presentation/Board Discussion

  25. Report on Visit to Siemens Facility in Groß Dölln on Zero Emission Truck Demonstration Energy Policy item
    (No Written Material)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    Drs. Chung Liu and Matt Miyasato visited the Siemens facility in Groß Dölln, Germany on December 12, 2011 and met with Siemens management and technical staff on the demonstration of truck electrification projects. The two parties engaged in detailed discussion on potential cooperation for a local demonstration in the port area. AQMD staff physically observed the 1.5 km test track with the supporting electric substation and had first-hand exposure to the operation of the hybrid trucks connecting to and detaching from the overhead catenary system. The staff will provide a more detailed presentation at the Board meeting. (Reviewed: Technology Committee, January 20, 2012)

    PUBLIC HEARING

  26. Receive Public Input on Executive Officer's Proposed Program Goals/Objectives for FY 2012-13 (PDF, 73kb)
    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 13, 2012; Recommended for Approval)

    OTHER BUSINESS

  27. Appropriate Funds from Designation for Litigation and Enforcement and Authorize Amending Existing Contract with Specialized Outside Counsel to Assist with Litigation Regarding Railroad Rules (PDF, 20kb)
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    This item is to consider appropriating funds from the Designation for Litigation and Enforcement and amending the existing contract with outside counsel to assist in defending the agency in litigation relating to the railroad rules. The District is currently involved in a contempt matter regarding the railroad rules requiring the assistance of outside counsel. This action is to appropriate $150,000 from the Designation for Litigation and Enforcement to the Legal budget, Services and Supplies Major Object, Professional and Special Services account, and to authorize the Executive Officer to amend the existing contract in an amount not to exceed $225,000 with Lightfoot Steingard & Sadowsky LLP to expend these funds. (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:

  • California Communities Against Toxics, et al. v. U.S. EPA, et al., U.S. Court of Appeals, Ninth Circuit, Case No. 11-71127;

  • 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;

  • Flashberg, et al. v. Dublin, et al., Los Angeles Superior Court Case No. BC463159;

  • Our Children’s Earth Foundation v. SCAQMD and Barry Wallerstein, Los Angeles Superior Court, Case No. BS133917; and

  • Association of American Railroads, et al. v. South Coast Air Quality Management District, et al, U.S. District Court, Central, Case No. CV06-1416 JFW (PLAx).

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


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

ACRONYMS

AQIP = Air Quality Investment Program
AVR = Average Vehicle Ridership
BACT = Best Available Control Technology
Cal/EPA = California Environmental Protection Agency
CARB = California Air Resources Board
CEMS = Continuous Emissions Monitoring Systems
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental Research and Technology
CNG = Compressed Natural Gas
CO = Carbon Monoxide
CPI = Consumer Price Index
CTG = Control Techniques Guideline
DERA= Diesel Emissions Reduction Act
EV = Electric Vehicle
FY = Fiscal Year
GHG = Greenhouse Gas
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
LEV = Low Emission Vehicle
LNG = Liquefied Natural Gas
MATES = Multiple Air Toxics Exposure Study
MOU = Memorandum of Understanding
MSERCs = Mobile Source Emission Reduction Credits
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NESHAPS = National Emission Standards for Hazardous Air Pollutants
NGV = Natural Gas Vehicle
NOx = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
PAMS = Photochemical Assessment Monitoring Stations
PAR = Proposed Amended Rule
PM10 = Particulate Matter 10 microns
PM2.5 = Particulate Matter < 2.5 microns
PR = Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
RTC = RECLAIM Trading Credit
SCAG = Southern California Association of Governments
SIP = State Implementation Plan
SOx = Oxides of Sulfur
SULEV = Super Ultra Low Emission Vehicle
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
U.S. EPA = United States Environmental Protection Agency
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle