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Governing Board Meeting Agenda: July 6, 2018

A meeting of the South Coast Air Quality Management District Board will be held at  9:00 a.m. on July 6, 2018, 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
    Wayne Nastri, Executive Officer

CONSENT CALENDAR (Items 1 through 16)

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

Download the agenda only (PDF, no attachments)


Download the complete agenda here.


  • 2. Approve Memorandum of Agreement Between CARB and SCAQMD to Implement and Enforce Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities and Recognize Revenue

    Marian Coleman

    909-396-2415
    CARB adopted the “Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (CARB Oil and Gas Regulation),” effective in final form on October 1, 2017.  CARB has discretion to enter into an agreement with the SCAQMD to cooperatively implement and enforce the CARB Oil and Gas Regulation.  This action is to authorize the Executive Officer to execute a Memorandum of Agreement with CARB to implement and enforce greenhouse gas emission standards for crude oil and natural gas facilities.  This action is to also recognize up to $150,000 in revenue from CARB for FY 2018-19 and $125,000 per year thereafter. (Reviewed:  Stationary Source Committee,
    June 15, 2018)

  • 3. Recognize Revenue from Participating Members of California Natural Gas Vehicle Partnership, Transfer Funds for SCAQMD’s Membership, and Approve Budget and Expenditures for Activities and Projects during FYs 2018-19 and 2019-20

    Matt Miyasato

    909-396-3249
    The Board established the California Natural Gas Vehicle Partnership (CNGVP) to promote greater deployment of natural gas vehicles in California.  To fund program administration, activities and projects, and achieve the goals of the CNGVP, the Voting Members of the Steering Committee pay dues for a two-year membership while Associate Members participate through in-kind contributions.  These actions are to: 1) recognize revenue from participating and future CNGVP Members; 2) transfer $25,000 from the Clean Fuels Program Fund (31) into the Natural Gas Vehicle Partnership Fund (40) for SCAQMD’s two-year membership for FYs 2018-19 and 2019-20; 3) approve the FYs 2018-19 and 2019-20 CNGVP Budget; and 4) authorize the Executive Officer to approve individual expenditures, as approved by the CNGVP, for FYs 2018-19 and 2019-20 up to $75,000 but not to exceed $225,000 for each fiscal year.  (Reviewed: Technology Committee, June 15, 2018; Recommended for Approval)

  • 4. Recognize and Transfer Revenue and Execute Contract to Develop and Demonstrate Zero Emission Trucks and EV Infrastructure

    Matt Miyasato

    909-396-3249
    SCAQMD fosters development and demonstration of zero emission goods movement technologies.  Daimler Trucks North America LLC (DTNA) proposes to develop 20 heavy-duty electric trucks with EV infrastructure that includes energy storage systems to demonstrate the trucks in real-world commercial fleet operations in and around environmental justice communities.  These actions are to recognize revenue up to $2,000,000 from the San Pedro Bay Ports and $500,000 from U.S. EPA and transfer up to $4,440,000 from the State Emissions Mitigation Fund (39) and $11,230,072 from the Clean Fuels Program Fund (31) into the Advanced Technology Goods Movement Fund (61).  Of the $11,230,072, up to $2,500,000 is for a temporary loan pending receipt of the cofunding and $8,730,072 is for SCAQMD’s cost-share for the project.  Staff is actively seeking additional cofunding; if realized, SCAQMD’s cost-share may decrease, subject to Board consideration.  This action is to also execute a contract with DTNA to develop and demonstrate 20 heavy-duty electric trucks and EV infrastructure in an amount not to exceed $15,670,072 from the Advanced Technology Goods Movement Fund (61). (Reviewed: Technology Committee, June 15, 2018; Recommended for Approval)

  • 5. Execute and Amend Contracts for Technical Assistance for Advanced, Low and Zero Emissions Mobile and Stationary Source Technologies and Implementation of Incentive Programs

    Fred Minassian

    909-396-2641
    On February 2, 2018, the Board approved the release of an RFQ to solicit proposals to provide technical assistance, implementation and outreach support for advanced, low and zero emissions technologies for the Clean Fuels Program and various incentive funding programs.  Sixteen proposals were received in response to the solicitation.  These actions are to execute or amend contracts with 11 technical experts to provide technical assistance and outreach support in an amount not to exceed $2,810,000, comprised of $810,000 from the Clean Fuels Program Fund (31), $450,000 from the Carl Moyer Program AB 923 Fund (80), $375,000 from the Community Air Protection AB 134 Fund (77) and $1,175,000 from the HEROS II Special Revenue Fund (56).  Funding from the Carl Moyer AB 923, AB 134 and HEROS II special revenue funds will be from the administrative portion of those funds. (Reviewed: Technology Committee, June 15, 2018; Recommended for Approval)

  • 6. Recognize Revenue and Transfer and Appropriate Funds for Air Monitoring Programs, and Issue Solicitations and Purchase Orders for Air Monitoring and Laboratory Equipment Plus One Vehicle

    Jason Low

    909-396-2269
    SCAQMD has applied for U.S. Government Enhanced Particulate Monitoring Program grant funds for FY 2018-19 and, based on the estimate included in the FY 2018-19 Budget, is asking the Board to recognize additional revenue in anticipation of the FY 2018-19 grant award. In addition, U.S. EPA is expected to award up to $238,502 for the NATTS Program for FY 2018-19.  These actions are to recognize revenue and appropriate funds for the Enhanced Particulate Monitoring and NATTS Programs and remaining balances of the PAMS, Near-Road NO2 and Community Scale Air Toxics Programs; transfer and appropriate funding for the remaining balance of the Community Air Toxics Initiative Program, funded by the BP ARCO Settlement Projects Fund (46); and issue solicitations and purchase orders for air monitoring and laboratory equipment plus one vehicle. (Reviewed: Administrative Committee, June 8, 2018; Recommended for Approval)

  • 7. Authorize Executive Officer to Enter into CARB AB 197 Grant Agreement, Recognize Revenue, and Appropriate Funds to Support SCAQMD’s Annual Emissions Reporting Software

    Sarah Rees

    (909) 396-2856
    Assembly Bill 197 (AB 197) requires the CARB to make available, and update at least annually, on its website the emissions of greenhouse gases, criteria pollutants, and toxic air contaminants for each facility that reports to the state board and air districts.  CARB is allocating initial and ongoing funding to local air districts for implementation of emission reporting requirements pursuant to AB 197.  This action is to:  1) authorize the Executive Officer to enter into the grant agreement with CARB; 2) recognize upon receipt in the General Fund up to $50,000 in FY 2018-19 for initial funding and $25,000 ongoing in subsequent years; and 3) appropriate $50,000 to Information Management’s FY 2018-19 budget, Services and Supplies Major Object, Professional and Specialized Services account to support the maintenance of the SCAQMD’s Annual Emissions Reporting software.  (Reviewed: Administrative Committee, June 8, 2018; Recommended for Approval)

  • 8. Transfer and Appropriate Funds and Execute Contract for Short- and Long-Term Systems Development Maintenance and Support Services

    Ron Moskowitz

    909-396-3329
    SCAQMD currently has contracts with several companies for short- and long-term systems development, maintenance and support services.  These contracts are periodically amended as additional needs are defined. This action is to transfer and appropriate funds from the General Fund Undesignated (Unassigned) Fund Balance to Information Management’s FY 2018-19 Budget and execute a contract with AgreeYa Solutions for needed development and maintenance work.  (Reviewed: Administrative Committee, June 8, 2018; Recommended for Approval)

  • 9. Approve Contract Awards and Modifications as Approved by MSRC


    McCallon

    As part of their FYs 2016-18 Work Program, the MSRC approved new contracts and modifications to contracts under the Local Government Partnership Program.  The MSRC also approved a replacement contract as part of their FY 2011-12 Work Program.  At this time the MSRC seeks Board approval of the contract awards and modifications. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, June 21, 2018; Recommended for Approval)

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

    10. Legislative, Public Affairs, and Media Report

    Derrick Alatorre

    909-396-3122
    This report highlights the May 2018 outreach activities of the Legislative, Public Affairs and Media Office, which include: Environmental Justice Update, Community Events/Public Meeting, Business Assistance, Media Relations, and Outreach to Business, Federal, State, and Local Government.  (No Committee Review)

  • 11. Report to Legislature and CARB on SCAQMD's Regulatory Activities for Calendar Year 2017

    Derrick Alatorre

    909-396-3122
    The SCAQMD is required by law to submit a report to the Legislature and CARB on its regulatory activities for the preceding calendar year. The report is to include a summary of each rule and rule amendment adopted by SCAQMD, number of permits issued, denied, or cancelled, emission offset transactions, budget and forecast, and an update on the Clean Fuels program. Also included is the Annual RECLAIM Audit Report, as required by RECLAIM Rule 2015 - Backstop Provisions.  (No Committee Review) 

  • 12. Hearing Board Report

    Julie Prussack

    909-396-2500
    This reports the actions taken by the Hearing Board during the period of May 1 through May 31, 2018.  (No Committee Review)

  • 13. Civil Filings and Civil Penalties Report

    Bayron Gilchrist

    909-396-3459
    This reports the monthly penalties from May 1 through May 31, 2018, and legal actions filed by the General Counsel's Office from May 1 through May 31, 2018.  An Index of District Rules is attached with the penalty report.  (Reviewed:  Stationary Source Committee, June 15, 2018)

  • 14. Lead Agency Projects and Environmental Documents Received by SCAQMD

    Susan Nakamura

    909-396-3105
    This report provides, for the Board's consideration, a listing of CEQA documents received by the SCAQMD between May 1, 2018 and May 31, 2018, and those projects for which the SCAQMD is acting as lead agency pursuant to CEQA. (No Committee Review)

  • 15. Rule and Control Measure Forecast

    Philip Fine

    909-396-2239
    This report highlights SCAQMD rulemaking activities and public workshops potentially scheduled for 2018.  (No Committee Review)

  • 16. Status Report on Major Ongoing and Upcoming Projects for Information Management

    Ron Moskowitz

    909-396-3329
    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 planned projects.  (Reviewed:  Administrative Committee, June 8, 2018)

  • Board Calendar

    Note:  The June meeting of the Mobile Source Committee was canceled.  The next meeting of the Mobile Source Committee is scheduled for July 20, 2018.

    18. Administrative Committee

    Wayne Nastri

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

  • 19. Legislative Committee

    Derrick Alatorre

    909-396-3122
    Chair: Mitchell
    Receive and file; and take the following actions as recommended:

    Agenda Item

    Recommendation

    AB 2145 (Reyes) Vehicular air pollution


    Support

    SB 1260 (Jackson) Fire prevention and protection: prescribed burn


    Support with Amendments

    HR 4421 (DeSaulnier) Establish parity for electric vehicle technology


    Pulled

  • 20. Refinery Committee

    Philip Fine

    909-396-2239
    Chair: Parker
    (Receive & File)

  • 21. Stationary Source Committee

    Laki Tisopulos

    909-396-3123
    Chair: Benoit
    (Receive & File)

  • 22. Technology Committee

    Matt Miyasato

    909-396-3249
    Chair: Buscaino
    (Receive & File)

  • 23. Mobile Source Air Pollution Reduction Review Committee

    Fred Minassian

    909-396-2641
    Board Liaison: Benoit
    (Receive & File)

  • 24. California Air Resources Board Monthly Report

    Denise Garzaro

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

  • Staff Presentation/Board Discussion

    25. Recommend Communities and Initial Implementation Schedule for Assembly Bill 617

    Philip Fine

    909-396-2239
    Assembly Bill (AB) 617 requires CARB, in consultation with air districts, to select communities for community air monitoring and/or the preparation of community emission reduction programs. AB 617 specifies that the highest priority areas shall be disadvantaged communities with a high cumulative exposure burden for criteria pollutants and/or toxic air contaminants. Staff has conducted significant public outreach and gathered community input on key factors to consider in prioritizing communities for this program. Public input was integrated in developing an approach to evaluate technical data and other community information to prioritize communities within SCAQMD’s jurisdiction with local air quality issues that also experience significant socioeconomic burdens and other factors that may increase vulnerability or sensitivity to the effects of environmental pollution. This action is to seek approval to submit recommendations to CARB for their consideration in selecting communities for the initial implementation of AB 617.  (Reviewed: Stationary Source Committee, June 15, 2018)

  • PUBLIC HEARINGS

    26. Determine that Proposed Amendments to Rule 1111 – Reduction of NOx Emissions from Natural-Gas-Fired, Fan-Type Central Furnaces are Exempt from CEQA and Amend Rule 1111

    Susan Nakamura

    909-396-3105
    At the Public Hearing to adopt amendments to Rule 1111 on March 2, 2018, the Board directed staff to propose additional labeling requirements to better inform consumers when a unit is subject to a mitigation fee. Based on feedback from stakeholders as well as additional direction from Board members, staff is recommending provisions that will require furnace manufacturers to notify consumers on all consumer brochures, technical specification sheets, and the manufacturer’s website that the unit is subject to a mitigation fee and is not eligible for the Clean Air Furnace Rebate Program.  This action is to adopt the Resolution: 1) Determining that the proposed amendments to Rule 1111 – Reduction of NOx Emissions from Natural-Gas-Fired, Fan-Type Central Furnaces are exempt from the requirements of the California Environmental Quality Act; and 2) Amending Rule 1111 – Reduction of NOx Emissions from Natural-Gas-Fired, Fan-Type Central Furnaces. (Reviewed: Stationary Source Committee, April 20 and May 18, 2018)

  • 27. Receive and File 2017 Annual Report on AB 2588 Program; and Approve Updates to Facility Prioritization Procedure, Supplemental Guidelines for AB 2588 Program, and Guidelines for Participating in Rule 1402 Voluntary Risk Reduction Program

    Susan Nakamura

    909-396-3105
    The Air Toxics "Hot Spots" Information and Assessment Act of 1987 (AB 2588) requires local air pollution control districts to prepare an annual report. The report provides the public with information regarding SCAQMD programs to reduce emissions of toxic air contaminants. This annual update describes the various activities in 2017 to satisfy the requirements of AB 2588 and Rule 1402, such as quadrennial emissions reporting and prioritization, the preparation and review of Air Toxics Inventory Reports, Health Risk Assessments, Voluntary Risk Reduction Plans, Risk Reduction Plans, and additional SCAQMD activities related to air toxics. Staff is also updating the Facility Prioritization Procedure, the AB 2588 and Rule 1402 Supplemental Guidelines, and the Guidelines for Participating in the Rule 1402 Voluntary Risk Reduction Program to update information and provide more clarity for the implementation of AB 2588 and Rule 1402. These actions are to receive and file the 2017 Annual Report on the AB 2588 Air Toxics “Hot Spots” Program, and to approve revisions to: 1) Facility Prioritization Procedure for the AB 2588 Program; 2) AB 2588 and Rule 1402 Supplemental Guidelines; and 3) Guidelines for Participating in the Rule 1402 Voluntary Risk Reduction Program. (Reviewed: Stationary Source Committee, June 15, 2018)


    CONFLICT OF INTEREST DISCLOSURES – (No Written Material)
    Under the approval authority of the Executive Officer, the District will enter into contract modifications with University of California, Riverside CE-CERT (C156363 and C123763), Envirosuite (C182251), Comite Civico Del Valle, Inc. (C173591), and Gladstein, Neandross & Associates (C123087). University of California Riverside CE-CERT, Envirosuite, and Gladstein, Neandross & Associates are potential sources of income for Governing Board Member Joseph Lyou, which qualify for the remote interest exception of Section 1090 of the California Government Code. Comite Civico Del Valle, Inc. has entered into a contractual relationship with Dr. Lyou’s non-profit employer, which also qualifies for the remote interest exception of Section 1090 of the Code. Dr. Lyou abstained from any participation in the making of the contract modifications.

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

Bayron Gilchrist 909-396-3459 (No Written Material)

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
It is necessary for the Board to recess to closed session pursuant to Government Code sections 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:

  • In the Matter of SCAQMD v. Aerocraft Heat Treating Co., Inc. and Anaplex Corp., SCAQMD Hearing Board Case No. 6066-1 (Order for Abatement);
  • SCAQMD v. Anaplex, Los Angeles Superior Court Case No. BC608322 (Paramount Hexavalent Chromium);
  • In the Matter of SCAQMD v. Browning-Ferris Industries of California, Inc. dba Sunshine Canyon Landfill, SCAQMD Hearing Board Case No. 3448-14;
  • Communities for a Better Environment v. SCAQMD, Los Angeles Superior Court Case No. BS161399 (RECLAIM);
  • Communities for a Better Environment v. South Coast Air Quality Management District, Los Angeles Superior Court Case No. BS169841; Safe Fuel and Energy Resources California, et al. v. South Coast Air Quality Management District, Los Angeles Superior Court Case No. BS169923 (Tesoro);
  • People of the State of California, ex rel. SCAQMD v. Exide Technologies, Inc., Los Angeles Superior Court Case No. BC533528;
  • In re: Exide Technologies, Inc., U.S. Bankruptcy Court, District of Delaware, Case No. 13-11482 (KJC) (Bankruptcy Case);
  • Fast Lane Transportation, Inc., et al. v. City of Los Angeles, et al., Court of Appeals, First Appellate District, Case No. A148993 (formerly Contra Costa County Superior Court Case No. MSN14-0300) (SCIG);
  • Johnson Controls, Inc. v. SCAQMD, Los Angeles Superior Court Case No. BS173108;
  • Rainbow Transfer/Recycling, Inc. v South Coast Air Quality Management District, et al., Los Angeles Superior Case No. BS171620; In the Matter of SCAQMD v. Rainbow Transfer/Recycling, Inc., SCAQMD Hearing Board Case No. 4394-2;
  • South Coast Air Quality Management District v. Top Shelf Consulting LLC, Los Angeles Superior Court, Case No. BC676606; In re: Top Shelf Consulting, LLC, U.S. Bankruptcy Court, Central District of California (Los Angeles), Case No. 2:18-bk-11975-ER (Bankruptcy case); and
  • In the Matter of SCAQMD v. Torrance Refining Company, LLC, SCAQMD Hearing Board Case No. 6060-5 (Order for Abatement).

CONFERENCE WITH LEGAL COUNSEL – INITIATING LITIGATION
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 (four cases).


ADJOURNMENT

***PUBLIC COMMENTS***


Members of the public are afforded an opportunity to speak on any agenda item before 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 will be limited to a total of three (3) minutes for the Consent Calendar and Board Calendar and three (3) minutes or less for other agenda items.

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 the Public Comment Period 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, PDF, 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

AQ-SPEC = Air Quality Sensor Performance Evaluation Center
AQIP = Air Quality Investment Program
AQMP = Air Quality Management Plan
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
CEC = California Energy Commission
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental Research and Technology
CNG = Compressed Natural Gas
CO = Carbon Monoxide
CTG = Control Techniques Guideline
DOE = Department of Energy
EV = Electric Vehicle
FY = Fiscal Year
GHG = Greenhouse Gas
HRA = Health Risk Assessment
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
NATTS =National Air Toxics Trends Station
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
OEHHA = Office of Environmental Health Hazard Assessment
PAMS = Photochemical Assessment Monitoring Stations
PAR = Proposed Amended Rule
PEV = Plug-In Electric Vehicle
PHEV = Plug-In Hybrid Electric Vehicle
PM10 = Particulate Matter £ 10 microns
PM2.5 = Particulate Matter < 2.5 microns
PR = Proposed Rule
RECLAIM = Regional Clean Air Incentives Market
RFP = Request for Proposals
RFQ = Request for Quotations
SCAG = Southern California Association of Governments
SIP = State Implementation Plan
SOx = Oxides of Sulfur
SOON = Surplus Off-Road Opt-In for NOx
SULEV = Super Ultra Low Emission Vehicle
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
U.S. EPA = United States Environmental Protection Agency
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle

South Coast Air Quality Management District

21865 Copley Dr, Diamond Bar, CA 91765

909-396-2000

© 2018 South Coast Air Quality Management District