GOVERNING BOARD AGENDA
MEETING, December 4, 2009

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. 26.

1. Minutes of November 6, 2009 Board Meeting
   McDaniel (909)396-2500
   (smcdaniel@aqmd.gov)
   
   
2. Set Public Hearings January 8, 2010 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
   Wallerstein (909) 396-3131
   (bwallerstein@aqmd.gov)

 
1. Repeal of Rule 1315 and Rule 1309.1 as Amended on August 3, 2007 and Decertification of CEQA Document
   Tisopulos (909) 396-3123
   (ltisopulos@aqmd.gov)
   This action is to comply with an order of the Superior Court requiring AQMD to set aside its approvals of Rule 1315 and the August 3, 2007 amendments of Rule 1309.1 and the associated Program Environmental Assessment.  


Budget/Fiscal Impact
 

3. Execute Contract for Landscape Maintenance at Diamond Bar Headquarters
   Tharp (909) 396-3018
   (etharp@aqmd.gov)
   The current contract for Diamond Bar headquarters landscape maintenance expires December 31, 2009. On July 10, 2009, the Board approved release of an RFP to solicit proposals from firms interested in providing this service for the next three-year period. This action is to execute a contract with Tropical Plaza Nursery, Inc., through December 31, 2012, for a three-year amount not to exceed $131,045. Funding for this contract has been included in the FY 2009-10 Budget and will be requested in successive fiscal years. (Review: Administrative Committee, November 13, 2009)
   
   
4. Execute Sole Source Contract to Develop Software and Recommend Hardware to Enhance and Streamline Field Inspections of Gasoline Stations
   Nazemi (909) 396-2662
   (mnazemi1@aqmd.gov)
   The AQMD conducts routine field inspections of all stationary sources of air pollution, including retail and non-retail gasoline dispensing facilities (GDF) throughout the South Coast Basin. There are about 3,300 retail and 1,800 non-retail gasoline dispensing stations that are subject to SCAQMD’s Rule 461(Gasoline Transfer and Dispensing). There are 24 inspectors that are in the Rule 461 Compliance team responsible for inspecting all these gasoline dispensing facilities. The latest changes to the state regulation by the CARB, which have also been incorporated into Rule 461, have increased the complexity of the inspections and have created additional workload on compliance staff. This action is to execute a sole source contract to 3Di Systems to identify and develop software application to improve data collection, eliminate or reduce paper forms and redundant data entries, and streamline the inspection process. (Review: Administrative Committee, September 18, 2009)
   
   
5. Execute Contract for Student Co-op Program
   Nazemi (909) 396-2662
   (mnazemi1@aqmd.gov)
   Since August 1995, the AQMD has contracted with the Cal Poly Pomona Foundation (Foundation) for the services of student interns in Finance, AQMD Laboratory, and Engineering and Compliance (E & C). These interns perform a variety of valuable tasks for each division. The current contract for E & C will expire on December 31, 2009. The contracts for Finance and the Laboratory with the Foundation were renewed at the 2009 July Board meeting. This action is to execute a three-year contract with the Foundation in an amount not to exceed a combined total of $20,000 per year. College students throughout the region may apply for the student intern positions through the Foundation. Initial funds for this contract has been included in FY 2009-10 Budget. (Review: Administrative Committee, November 13, 2009)
   
   
6. Extend Filing Date for Proposals Legislative Representation in Washington, D.C. and Sacramento, California
   Abarca (909) 396-3242
   (oabarca@aqmd.gov)
   The Board previously approved separate release of RFPs to solicit proposals for legislative representation in Washington, D.C. and Sacramento California beginning January 2010. This action is to extend the filing date for responses to both RFPs until 5:00 p.m., December 16, 2009.
   
   
7. Execute Memorandum of Agreement, Establish Special Revenue Fund, and Issue RFP for Installation and Maintenance of Air Filtration in Wilmington Area Schools
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   Based on the success of the AQMD’s pilot study of air filtration systems in schools, the City of Los Angeles and the TraPac Appellants wish to enter into a Memorandum of Agreement (MOA) with AQMD for the installation and maintenance of air filtration systems in Wilmington, California schools which have been impacted by the TraPac Container Terminal Project. An RFP for the installation and maintenance of air filtration systems will be released upon execution of the MOA. This action is to execute the MOA with the City of Los Angeles and the TraPac Appellants, establish a Special Revenue Fund, and to issue an RFP for the installation and maintenance of air filtration systems in Wilmington area schools for an amount not to exceed $5.4 million. (Review: Administrative Committee, November 13, 2009)
   
   
8. Reissue RFP for Technical Assistance for Advanced, Low- and Zero-Emissions Mobile and Stationary Source Technologies
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   On June 5, 2009, AQMD issued an RFP to solicit statements of qualifications from individuals and organizations capable of providing technical expertise in a variety of specialized areas to support AQMD’s technology advancement activities for the Clean Fuels program.  In response to this RFP, on October 2, 2009, the Board approved executing contracts with seven contractors.  However, the expertise of these contractors does not extend to some specialty areas that are required to meet the goals of the Clean Fuels program and to support AQMP implementation.  This action is to reissue this RFP with an increased level of outreach to solicit proposals in some specialty areas.  (Review:  Technology Committee, November 20, 2009)
   
   
9. Allocate Funds to Provide Local Incremental Incentives Under CARB Air Quality Improvement Program
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   The California Air Resources Board created the Air Quality Improvement Program to incentivize clean vehicle and equipment purchases. Three programs have been announced to incentivize hybrid trucks and buses, light-duty plug-in hybrid and zero-emission vehicles, and lawn and garden equipment. Staff recommends providing additional incremental incentive for these programs up to $1.5 million for hybrid trucks and buses and $500,000 for the light-duty plug-in hybrid and zero-emission vehicles from the Clean Fuels Fund, and a local match of up to $816,000 from the Rule 2202 Air Quality Investment Program Fund. (Review: Administrative Committee, November 13, 2009)
   
   
10. Recognize Revenue and Execute Sole Source Contracts to Assist in Purchase of CNG Taxicabs and Shuttle Vans
    Hogo (909) 396-3184
    (hhogo@aqmd.gov)
    The AQMD has been informed of a pending award from the U.S. DOE Clean Cities Petroleum Reduction Technologies Projects for the Transportation Sector. This funding opportunity was conducted with the aim of expanding the use of alternative-fueled vehicles and advanced technology vehicles. This action is to recognize $500,000 in revenue from the U.S. DOE and combine with $750,000 previously allocated by the Board to assist in the purchase of CNG taxicabs and shuttles. This action is to enter into sole source contracts with: (1) Yellow Cab Company of Greater Orange County to purchase 45 new CNG-powered passenger class taxicab vehicles, and (2) Prime Time Shuttle to purchase 34 new CNG–powered shuttle vans, to provide commercial airport ground transportation service in the South Coast Air Basin and Coachella Valley. (Review: Technology Committee, November 20, 2009)
    
    
11. Execute Contracts under Carl Moyer Program and Issue Program Announcement for SOON Program  
    Hogo (909) 396-3184
    (hhogo@aqmd.gov)
    On September 11, 2009, the Board awarded several contracts to repower equipment under the Carl Moyer Program. The project proponents for two of the awards are requesting changes to the awards – one for a change in equipment type, and the other for repowering an additional two pieces of equipment. Staff is also recommending two additional projects for Carl Moyer Program awards. This action is to change the vehicle type for an existing award, increase the funding for an existing award for repower projects and execute two new contracts under the Carl Moyer Program and the SOON Provision. Finally, this action is to release a Program Announcement to provide funding assistance for additional NOx emission reductions from off-road equipment that may be subject to Rule 2449 - SOON Program. (Review: Technology Committee, November 20, 2009)
    
    
12. Adopt Resolution Approving Establishment of Health Reimbursement Arrangement Plan and Approve Selection of Plan Service Provider
    Pearce (909) 396-2828
    (rpearce@aqmd.gov)
    AQMD sponsors an IRS-approved Section 457 Deferred Compensation program and a Section 125 Health Care Reimbursement program for its active employees. This action is to establish an IRS-approved Health Reimbursement Arrangement Plan to allow active employees to save, on a tax-free basis, for their future post-retirement health care costs. This program would be at no cost to AQMD as all contributions to savings accounts would come from employee earnings only, and plan participants would pay all administrative costs. (Review: Administrative Committee, November 13, 2009)
    
    
13. Renew AQMD’s Membership in CaFCP for Calendar Year 2010, Provide Office Space for CaFCP, and Receive and File California Fuel Cell Partnership Steering Team Meeting Summary and Quarterly Update
    Miyasato (909) 396-3249
    (mmiyasato@aqmd.gov)
    The AQMD has been a member of the California Fuel Cell Partnership (CaFCP) since March 17, 2000. This action is to renew AQMD’s membership in the CaFCP in an amount not to exceed $87,800 for calendar year 2010 and cofund 50 percent of the CaFCP Regional Coordinator position located at the AQMD, in addition to office space and utilities, in an amount not to exceed $50,000. Further actions are to continue providing in-kind office space and utilities for CaFCP employees in 2010 in an effort to educate the public and increase CaFCP’s presence in Southern California. Finally, this action is to receive and file the CaFCP Steering Team Meeting Summary and Quarterly Update. (Review: Technology Committee, November 20, 2009)
    
    
14. Advertising and Public Outreach Initiative to Minority Communities to Increase Awareness of Impacts of Air Pollution
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
    Legislative & Public Affairs and the Media Office have developed a proposal for an advertising and public outreach program focused on minority communities. The goals of the program include raising awareness of the health impacts of poor air quality; demonstrating how AQMD is protecting public health by improving air quality; and urging residents to be more involved in efforts to improve air quality. The outreach effort will include paid advertising in minority print publications at a cost not to exceed $ 400,000. (Review: Administrative Committee, November 13, 2009)
    
    
15. Execute Contract to Cosponsor Development and Demonstration of Selective Catalytic Regeneration Technology for On-Road Heavy-Duty Trucks
    Miyasato (909) 396-3249
    (mmiyasato@aqmd.gov)
    On May 1, 2009, the Board recognized funds from the U. S. EPA and awarded a contract to Johnson Matthey, Inc. (JM) to develop and demonstrate Selective Catalytic Regeneration Technology systems on 43 on-road heavy-duty vehicles. To meet the EPA’s deadline, staff submitted AQMD’s proposal before finalizing the negotiation with JM. This award needs to be amended to reduce the number of demonstration vehicles to 35 because JM is unable to provide the in-kind contribution to support the additional eight vehicles due to the economic downturn in the retrofit industry. The U. S. EPA has agreed to reduce the number of vehicles to 35. This action is to execute a contract with JM for the original amount not to exceed $1,200,000 from the Clean Fuels Fund but with a reduced total project cost of $1,480,000. (Review: Technology Committee, November 20, 2009)
    
    
16. Approve Contract Modification under MSRC’s FY 2008-09 Work Program and Issue Solicitations under FY 2009-10 AB 2766 Discretionary Fund Work Program
    Roberts
    At its November 19, 2009 meeting, the MSRC approved a contract modification for A-Z Bus Sales providing additional funds for alternative fuel school buses as well as the release of solicitations to implement the Alternative Fuel Infrastructure Funding Opportunities Program, the Incentives for Alternative Fuel Engines Program, and the Design, Implementation, and Evaluation of Telework Programs, as part of its FYs 2008-09 and 2009-10 AB 2766 Discretionary Fund Work Programs, respectively.  The MSRC seeks Board approval to modify the contract and issue the three solicitations at this time. (Review: Mobile Source Air Pollution Reduction Review Committee, November 19, 2009)
    
    
    Action Item/No Fiscal Impact
    
    
    
17. Establish Board Meeting Schedule for Calendar Year 2010
    Burke
    The proposed Board Meeting Schedule for Calendar Year 2010 (includes January 2011) is submitted for Board consideration. The Administrative Committee meeting schedule (second Friday of the month) is included for information only. (Review: Administrative Committee, November 13, 2009)
    
    
18. Amend Committee Procedures to Allow Temporary Appointments of Board Assistants and Consultants
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
    Board-adopted committee procedures provide that the Administrative Committee is authorized to appoint Board Member Assistants. This item proposes to amend the procedures to authorize the Chair of the Administrative Committee to appoint Board Member Assistants and Consultants on a temporary basis. (Review: Administrative Committee, November 13, 2009)
    
    
    Information Only - Receive and File
    
    
    
19. Public Affairs Report
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    This report highlights the October 2009 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.
    
    
20. Hearing Board Report
    Camarena (909) 396-2500
    (ecamarena@aqmd.gov)
    This reports the action taken by the Hearing Board during the period of October 1 through October 31, 2009.
    
    
21. Civil Filings and Civil Penalty Report
    Dublin (909) 396-3459
    (kdublin@aqmd.gov)
    This reports the monthly penalties from September 1 through September 30, 2009, and legal actions filed by the District Prosecutor during October 1 through October 31, 2009. An Index of District Rules is attached with the penalty report.
    
    
22. 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, 2009 and October 31, 2009, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, November 20, 2009)
    
    
23. 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 2010.
    
    
24. Report of RFPs and RFQs Scheduled for Release in December
    Pearce (909) 396-2828
    (rpearce@aqmd.gov)
    This report summarizes the RFPs and RFQs for budgeted services over $50,000 scheduled to be released for advertisement for the month of December. (Review: Administrative Committee, November 13, 2009)
    
    
25. Status Report on Major Projects for Information Management Scheduled to Start During First Six Months of FY 2009-10
    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 2009-10.
    
    
26. Items Deferred from Consent Calendar.
    
    
    BOARD CALENDAR
    
    
27. Administrative Committee
    Chair: Burke
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
    
    
28. Investment Oversight Committee
    Chair: Antonovich
    Pearce (909) 396-2828
    (rpearce@aqmd.gov)
    
    
29. Legislative Committee
    Chair: Carney
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    
    
30. Mobile Source Committee
    Chair: Loveridge
    Chang (909) 396-3186
    (echang@aqmd.gov)
    
    
31. Stationary Source Committee
    Chair: Yates
    Nazemi (909) 396-2662
    (mnazemi1@aqmd.gov)
    
    
32. Technology Committee
    Chair: Gonzales
    Liu (909) 396-2105
    (cliu@aqmd.gov)
    
    
33. Mobile Source Air Pollution Reduction Review Committee
    Board Liaison: Antonovich
    Hogo (909) 396-3184
    (hhogo@aqmd.gov)
    
    
34. California Air Resources Board Monthly Report
    Board Rep: Loveridge
    McDaniel (909)396-2500
    (smcdaniel@aqmd.gov)
    
    
    PUBLIC HEARINGS
    
    
    
35. Amend Rule 317 - Clean Air Act Non-Attainment Fees
    (Continued from September 11, 2009 Board Meeting)
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    The public hearing for the proposed amended rule was continued to the July Board meeting. The newly proposed amendments incorporate provisions for an alternative baseline for calculating the applicable Clean Air Act Non-Attainment fees as requested by the Board at the April 2009 public hearing. (Review: Administrative Committee, May 5, 2009; Stationary Source Committee, January 23, 2009, March 20, 2009, May 22, 2009, June 19, 2009, and July 24, 2009)
    
    
36. Adopt Proposed Rule 1155 - Particulate Matter Control Devices
    (Continued from November 6, 2009 Board Meeting)
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    Proposed Rule 1155 will implement 2007 AQMP Control Measure BCM-01 by establishing requirements for PM control devices that will ensure their proper maintenance and operation. (Review: Stationary Source Committee, September 25, 2009 and November 20, 2009)
    
    
37. Amend Rule 1112.1 – Emissions of Particulate Matter and Carbon Monoxide from Cement Kilns
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    The proposed amendment intends to address the occasional concentration spikes of CO, an attainment pollutant, resulting from the mandated reduction in NOx emissions from cement kilns. The proposal will provide compliance flexibility by recognizing the environmental benefit of reducing NOx, a precursor to non-attainment pollutants of ozone and particulates, while ensuring the CO emissions do not significantly impact air quality. (Review: Stationary Source Committee, September 25, 2009)
    
    
38. Amend Rule 1145 - Plastic, Rubber, Leather and Glass Coatings
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    The proposed amendment would, in part, implement control measure MCS-07 – Application of All Feasible Measures of the 2007 AQMP by aligning the current VOC limit for the multi-color category with the VOC limit recommended in U.S. EPA Control Techniques Guidelines. A new coating category is recommended for addition to the table of standards for coating glass panels used in refrigerated glass door assemblies. Other minor clarifications and corrections (e.g. numbering) are also proposed. (Review: Stationary Source Committee, July 24, 2009 and October 16, 2009)
    
    
    OTHER BUSINESS
    
    
    

39. Presentation on Proposed Nitrogen Dioxide Standard and Near Roadway Issues (No Written Material)
    Ospital (909) 396-2582
    (jospital@aqmd.gov)
    U.S. EPA has proposed a new one-hour ambient air quality standard for nitrogen dioxide. The proposal also includes a requirement for monitoring within 50 meters of busy roadways.  The EPA Administrator is scheduled to make a determination regarding the standard before January 22, 2010.  Staff presented a summary of the proposed standard to the Mobile Source Committee on November 20, 2009.  The Committee requested that this item be brought for discussion to the Governing Board as to whether supplemental comments should be submitted to U.S. EPA regarding the proposed standard.

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:

•  NRDC, et al. v. SCAQMD, et al., Los Angeles Superior Court Case Nos. BS105728 and BS110792;
•  NRDC, et al. v. SCAQMD, et al., U.S. District Court Case No. CV08-05403 GW (PLAx);
• NPCA v. SCAQMD, Court of Appeal, 4TH Appellate District, Division Three, Case No. G040122;
•  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;
•  W.M. Barr & Company, Inc. v. SCAQMD, Los Angeles Superior Court Case No. BS119869.
•  Pacific Merchant Shipping Association v. James Goldstene, et al., U. S. District Court, Eastern District, Case No. 2:09-CV01151-MCE-EFB; and
•  Southern California Gas Company v. SCAQMD, Los Angeles Superior Court, Case No. BS122004.  
  

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
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
PM_2.5 = 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