GOVERNING BOARD AGENDA
MEETING, December 5, 2008

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 are described in a “Board Letter” which may be accessed by clicking the appropriate link below. Some Board Letters also have attachments in various formats, such as .doc, .xls, .ppt, .pdf, .zip, .exe, and others. Attachments may be accessed for viewing or downloading by clicking on the word “Attachment” at the end of the Board Letter. For help in downloading “.exe” or “.zip” files, please click here.

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

Recognize Employees with Twenty-Five, Thirty, Thirty-Five and Forty Years of Service, Burke

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

1.  Minutes of November 7, 2008 Board Meeting
McDaniel (909)396-2500
(smcdaniel@aqmd.gov)

2.  Set Public Hearings to January 9, 2009 to Consider Amendments and/or Adoption to AQMD Rules and Regulations:
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)

1. Amend Rule 314 – Fees for Architectural Coatings
   Tisopulos (909) 396-3123
   (ltisopulos@aqmd.gov)
   Rule 314 - Fees for Architectural Coatings was adopted in June 2008. The proposed amendment clarifies the applicability and reporting requirement sections of the rule to include architectural coatings sold through big box retailers, as well as adding a fee exemption for recycled coatings. (Review: Administrative Committee, November 14, 2008, Stationary Source Committee, November 21, 2008)
    
2. Adopt Proposed Rule 1143 – Reduction of VOC Emissions from Consumer Paint Thinners and Multi-purpose Solvents
   Tisopulos (909) 396-3123
   (ltisopulos@aqmd.gov)
   The proposed rule will reduce VOC emissions by establishing VOC limits and other requirements for consumer paint thinners and multi-purpose solvents in the AQMD. (Review: Stationary Source Committee, November 21, 2008)
    
3. Amend Rule 1186.1 – Less Polluting Sweepers
   Hogo (909) 396-3184
   (hhogo@aqmd.gov)
   Administrative amendments are proposed to Rule 1186.1 to ensure the use of alternative fueled sweepers when sweeping services are provided to government agencies as required in Rule 1186.1 paragraph (d). In addition, amendments are proposed to address sweeping services that cannot be provided with rule compliant sweepers at the beginning of the contract period due to delivery lead time. (Review: Mobile Source Committee, November 21, 2008)
    

4. Adopt Proposed Rule 2702 – Greenhouse Gas Reduction Program
   Chang (909) 396-3186
   (echang@aqmd.gov)
   The proposed rule will create a voluntary Greenhouse Gas Reduction Program administered by AQMD. AQMD can accept funds to generate GHG reductions and Requests for Proposals would be issued. Projects selected by AQMD would follow pre-approved protocols to generate GHG emission reductions in the District. (Review: Climate Change Committee, September 19, 2008, October 29, 2008)
    

Budget/Fiscal Impact

3. Execute Sole Source Contract for Maintenance and Management Services of Fast Fill CNG Fueling Station at AQMD Headquarters and Issue Purchase Orders for CNG Station Enhancements
Miyasato (909) 396-3249
(mmiyasato@aqmd.gov)
The AQMD currently operates a natural gas fueling station to accommodate the growing alternative fuel use. The station requires periodic preventive maintenance and management services to ensure efficient and continuous operation of the station. This action is to execute a contract with Pinnacle CNG Company for the maintenance and management service of this station from the Fast Fill CNG Fueling Station Enterprise Fund. Staff also proposes to provide 24-hour public access to the AQMD station by installing a security camera and an automatic gate at a cost not to exceed $15,000 from the Clean Fuels Fund. (Review: Administrative Committee, November 14, 2008)

4. Execute Contract for Battery Electric Transit Bus Demonstration Project
Miyasato (909) 396-3249
(mmiyasato@aqmd.gov)
In June 2008, the Board approved execution of a contract with ISE for a 300-mile range battery electric transit bus demonstration project. At the time of award, it was anticipated that battery technology would progress farther than has occurred. As a result, the range of the bus will be lower than 300 miles, and will be determined based on the best currently available battery technology, the cost of the batteries, and the overall weight of the battery pack. This action is to execute a contract with ISE Corporation at no additional cost from the original award. Funding for this project was approved in June 2008 from the Clean Fuels Fund at a cost not to exceed $290,000. (Review: Technology Committee, November 21, 2008)

5. Execute Contract to Install New CNG Fueling Infrastructure and Garage Upgrades
Miyasato (909) 396-3249
(mmiyasato@aqmd.gov)
In July 2008, the Board awarded Rim of the World Unified School District (RoWUSD) an $845,000 grant to replace five pre-1977 diesel school buses with five new CNG buses and $70,000 for CNG fueling infrastructure and garage upgrades. In a separate Board action on this agenda, staff is also proposing to fund seven new CNG buses and $98,000 for CNG fueling infrastructure. Based on a site visit and a review of the facility by AQMD staff and a CNG consultant, the cost of fueling infrastructure and garage upgrades is estimated at $425,000. This action is to execute a contract with RoWUSD to install the needed fueling infrastructure and garage upgrades at a cost not to exceed $257,000 from the Clean Fuels Fund. This fueling infrastructure will accommodate all twelve CNG buses that will be funded by the AQMD. (Review: Technology Committee, November 21, 2008)

6. Approve Grants for New School Buses and Retrofits, Issue Program Announcement for Replacement and Retrofit of School Buses and Amend SOON Contract
Liu (909) 396-2105
(cliu@aqmd.gov)
At its July 11, 2008 meeting, the Board authorized issuance of a Program Announcement with $67.4 million in Proposition 1B funds to replace pre-1987 school buses with new alternative fuel school buses and to retrofit school buses with Level 3 PM traps. The first two actions are to replace 299 pre-1987 school buses with new buses in an amount not to exceed $41,580,000 from Proposition 1B funds and $5,501,000 from AB923 funds and to retrofit 613 buses with PM traps in an amount not to exceed $9,664,500 from Proposition 1B funds. The third action is to also issue a new program announcement soliciting applications for the replacement or retrofit of school buses with the remaining $16.1 million in Proposition 1B funds. The final requested action is to amend a contract under the SOON Provision with the addition of $94,073 from the Carl Moyer Program Fund SB1107 Account. (Review: Technology Committee, November 21, 2008)

7. Authorize Purchase of Phone Switch Upgrades
Marlia (909) 396-3148
(cmarlia@aqmd.gov)
On September 5, 2008, the Board approved release of an RFQ to select a vendor capable of providing upgrades and enhancements to our Nortel Communication Server 1000M MG system in an efficient, turn-key manner, with minimal impact to AQMD staff. As a result of successful responses to this RFQ, Integrated Technology was identified as capable of providing these products. This action is to authorize the purchase of phone switch upgrades from Integrated Technology. Funds ($142,563) for this expense are included in the FY 2008-09 Budget. (Review: Administrative Committee, November 14, 2008

8. Issue RFP for Diamond Bar Headquarters Audio-Visual Upgrade
Marlia (909) 396-3148
(cmarlia@aqmd.gov)
AQMD’s Diamond Bar headquarters audio-visual system, which was installed in 1991, requires upgrade. In June 2008, an audio-visual design consultant was hired to develop a detailed design and technical specification for a new state-of-the-art system which meets the functional requirements of AQMD. This action is to issue an RFP to solicit proposals from qualified firms to implement the design and install a new fully functional cost-effective state-of-the-art audio-visual system. (Review: Administrative Committee, November 14, 2008)

9. Issue RFP to Implement Phase II HEROS Program
Hogo (909) 396-3184
(hhogo@aqmd.gov)
Under Phase I of the HEROS Program, potential high emitting vehicles were identified through remote sensing at freeway on-ramps. Owners of potential high emitters, meeting specific eligibility requirements, were invited to participate in this voluntary incentive program for vehicle repair or scrap. While the technical approach to identify, test, and repair or scrap high emitters was proven in Phase I, there was a low participation rate due to the voluntary nature of the program. As such, the goal in the proposed Phase II of the program is to achieve a higher participation rate. To achieve this, staff is proposing that pre-qualified participants would bring their vehicles to weekend events at which vehicles would be pre-screened for high emissions. This action is to approve issuance of an RFP to solicit bids from qualified vendors to develop and implement the proposed Phase II of the HEROS program at a cost not to exceed $1,600,000 from the AB 923 Fund. (Review: Technology Committee, November 21, 2008)

10. Approve New and Amended Contracts/Awards Under FYs 2005-06, 2006-07, 2007-08 and 2008-09 AB 2766 Discretionary Fund Work Programs
Roberts
Using unallocated funds, the MSRC approved an additional $1,140,000 to BusWest and a $156,000 new/replacement contract to A-Z Bus Sales for alternative fuel school bus incentives as part of FYs 2007-08 and 2008-09 Work Programs, respectively. Also using unallocated funds, the MSRC approved an additional $50,475 toward the Off-Road Diesel Equipment Retrofit “Showcase” Program as part of FY 2006-07 Work Program. For the remaining FY 2008-09 Work Program elements, the MSRC approved a $2,550 contract increase for Haaland Internet Productions for website upgrades, a $3 million set aside for a Local Government Match Program, and $2.4 million in additional funds for its Alternative Fuel School Bus Program including a contract amendment adding $640,000 for A-Z Bus Sales. On June 30, 2008, the MSRC approved a modified award substituting natural gas for liquefied petroleum on three heavy-duty trucks to the County of Los Angeles, Department of Public Works. The MSRC seeks AQMD Board approval of these new and amended contracts/awards under FYs 2005-06 through 2008-09 Work Programs. (Review: Mobile Source Air Pollution Reduction Review Committee, June 30, 2008 and November 20, 2008)

Information Only - Receive and File

11.  Public Affairs Report
Abarca (909) 396-3242
(oabarca@aqmd.gov)
This report highlights the October 2008 outreach activities of Public Affairs, which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Outreach to Business and Federal, State, and Local Government.

12.   Hearing Board Report
Camarena (909) 396-2500
(ecamarena@aqmd.gov)
This reports the actions taken by the Hearing Board during the period of October 1 through October 31, 2008.

13.  Civil Filings and Civil Penalties Report
Wiese (909) 396-3460
(kwiese@aqmd.gov)
This reports the monthly penalties from September 1 through September 30, 2008, and legal actions filed by the District Prosecutor during September 1 through September 30, 2008. A glossary explaining the key terms and Index of District Rules are attached with the penalty report.

14. Rule and Control Measure Forecast
Chang (909) 396-3186
(echang@aqmd.gov)
This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2009.

15. Lead Agency Projects and Environmental Documents Received by AQMD
Chang (909) 396-3186
(echang@aqmd.gov)
This report provides, for the Board's Consideration, a listing of CEQA documents received by the AQMD between October 1, 2008, and October 31, 2008, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, November 21, 2008)

16.  Status Report on Major Projects for Information Management Scheduled to Start During First Six Months of FY 2008-09
Marlia (909) 396-3148
(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 first six months of FY 2008-09.

17. Items Deferred from Consent Calendar

BOARD CALENDAR

18.  Administrative Committee
Chair: Burke
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)

19. Investment Oversight Committee
Chair: Antonovich
Pearce (909) 396-2828
(rpearce@aqmd.gov)

20. Mobile Source Committee
Chair: Loveridge
Chang (909) 396-3186
(echang@aqmd.gov)

21.  Stationary Source Committee
Chair: Yates
Nazemi (909) 396-2662
(mnazemi1@aqmd.gov)

22.  Technology Committee
Chair: Wilson
Liu (909) 396-2105
(cliu@aqmd.gov)

23.  Mobile Source Air Pollution Reduction Review Committee
Board Liaison: Antonovich
Hogo (909) 396-3184
(hhogo@aqmd.gov)

24.  California Air Resources Board Monthly Report
Board Rep: Loveridge
McDaniel (909)396-2500
(smcdaniel@aqmd.gov)

25. California Fuel Cell Partnership Steering Team Report and Activity Report
Board Liasion: Wilson
Miyasato (909) 396-3249
(mmiyasato@aqmd.gov)
This report summarizes the California Fuel Cell Partnership Steering Team meeting held October 21-22, 2008 and provides an activity report for the period beginning July 2008. (Review: Technology Committee, November 21, 2008)

PUBLIC HEARINGS

26. Adopt Proposed Rules 2700 – General and 2701 – SoCal Climate Solutions Exchange
(Continued from November 7, 2008 Board Meeting)
Chang (909) 396-3186
(echang@aqmd.gov)
These proposed rules have been developed for the Board's consideration to assist local business and others by providing high quality greenhouse gas certified emission reductions for voluntary actions. (Review: Climate Change Committee, September 19, 2008 and October 29, 2008)

27. Amend Rule 1469 – Hexavalent Chromium Emissions from Chrome Plating and Chromic Acid Anodizing Operations
Chang (909) 396-3186
(echang@aqmd.gov)
On October 24, 2007, amendments to the state Airborne Toxic Control Measure for Chromium Plating and Chromic Acid Anodizing Facilities (ATCM) became effective, establishing more stringent requirements to Rule 1469. Rule 1469 is being amended to incorporate the more stringent requirements of the ATCM along with additional housekeeping, monitoring, and testing requirements. Proposed Amended Rule 1469 establishes more stringent requirements from new, modified, and existing facilities, further reducing hexavalent chromium emissions from metal finishing operations. (Review: Stationary Source Committee, October 17, and November 21, 2008)

28. Amend Rule 222 – Filing Requirements for Specific Emission Sources Not Requiring a Written Permit Pursuant to Regulation II
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
The proposed amendments will establish filing requirements for certain equipment or processes recently exempted from written permits pursuant to Rule 219, and fulfill the Board directive to establish alternative permitting for specific equipment. In addition, the proposed changes satisfy the CARB ATCM registration requirements for stationary compression ignition engines used in agricultural operations. (Review: Stationary Source Committee, October 17, 2008)

29. Adopt Proposed Rule 317 – Clean Air Act Non-Attainment Fees
Tisopulos (909) 396-3123
(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 1-hour ozone standard by the statutory deadline pay mitigation fees based upon a prescribed formula each year until attainment is demonstrated. Proposed Rule 317 implements these Clean Air Act requirements and 2007 AQMP Control Measure MCS-08 - Clean Air Act Emission Fees for Major Stationary Sources. (Review: Stationary Source Committee, October 17, 2008 and November 21, 2008; Administrative Committee, November 14, 2008)

30. Adopt Proposed Rule 1147 – NOx Reductions from Miscellaneous Sources
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
The proposed rule will reduce nitrogen oxide emission from a variety of industrial combustion sources including ovens, dryers, furnaces and kilns. The proposal would, in part, implement control measures MCS-01 - Facility Modernization and CMB-01 - NOx Reductions from Non-RECLAIM Ovens, Dryers, and Furnaces of the 2007 AQMP. (Review: Stationary Source Committee, October 17, 2008 and November 21, 2008)

31. Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans
Chang (909) 396-3186
(echang@aqmd.gov)
This action is to adopt a resolution approving the Interim CEQA GHG Significance Threshold for Stationary Sources, Rules, and Plans where AQMD is the lead agency. This interim threshold will be used for determining significant impacts for proposed projects. Once CARB adopts the statewide significance thresholds, staff will report back to the Board regarding any recommended changes or additions to the AQMD’s interim threshold. (Review: Climate Change Committee, September 19, 2008 and October 29, 2008)

OTHER BUSINESS
 

32. Amend Contract to Prepare CEQA Documents for Readoption of Rule 1315 from Rule 1309.1 Priority Reserve Fund
Chang (909) 396-3186
(echang@aqmd.gov)
This action is to authorize the Executive Officer to amend the existing contract with the firm of ICF Jones & Stokes to prepare CEQA documentation for the readoption of Rule 1315 utilizing funding available from the Rule 1309.1 Priority Reserve Fund.

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
(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:

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. EPA, et al., Ninth Circuit Case No. 08-72288;
   
• NRDC, et al. v. SCAQMD, et al., U.S. District Court Case No. CV08-05403 GW (PLAx);
   
• Association of American Railroads, et al. v. SCAQMD, et al., U. S. District Court Case No. CV06-1416 JFW (PLAx) and United States Court of Appeals, 9th Circuit, Case No. 07-55804;
   
• NRDC, et al. v. SCAQMD, et al., Los Angeles Superior Court Case Nos. BS105728 and BS110792; and
   
• Romoland School District, et al. v. Inland Empire Energy Center, LLC, et al., U. S. District Court, Central District, Case No. 06-02514 AG (PLAx), U. S. Court of Appeals, 9th Circuit, Case No. 06-56632.
  
   

ADJOURNMENT

ACRONYMS

AQIP = Air Quality Investment Program
AVR = Average Vehicle Ridership
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
CTG = Control Techniques Guideline
EV = Electric Vehicle
FY = Fiscal Year
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