GOVERNING BOARD AGENDA
MEETING, July 10, 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

Presentation of Retirement Award to Martin Kay, Burke

Presentation to Outgoing Hearing Board Member Laurine Tuleja and Hearing Board Alternate Richard J. Ward, Jr., Burke

Note: Consent Calendar items held for discussion will be moved to Item No. 27.

1. Minutes of June 5, 2009 Board Meeting
   McDaniel (909)396-2500
   (smcdaniel@aqmd.gov)
    
2. Set Public Hearings September 11, 2009 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
   Wallerstein (909) 396-3131
   (bwallerstein@aqmd.gov)
    
   1. 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-colored 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 commercial glass door assemblies. Other minor clarifications and corrections (e.g. numbering) are also proposed. (Review: Stationary Source Committee, July 24, 2009)
       
   2. Amend Rule 102 – Definition of Terms
      Tisopulos (909) 396-3123
      (ltisopulos@aqmd.gov)
      The proposed amendment adds several compounds to the list of exempt compounds in Rule 102. The U.S. EPA has delisted these compounds from its definition of VOC because of their negligible photochemical reactivity. (Review: Stationary Source Committee, July 24, 2009)
      
       

Budget/Fiscal Impact
 

3. This item withdrawn by staff.
   
    
4. Issue Program Announcement for Heavy-Duty Diesel Drayage Truck Replacement Program
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   Heavy-duty trucks are the leading source of diesel particulate matter emissions in the South Coast Air Basin and pose significant health risks to affected communities, especially around the ports of Los Angeles and Long Beach. To reduce emissions from these trucks, the AQMD in close cooperation with the two ports proposes to implement an incentive funding program to replace heavy-duty diesel trucks with new diesel or alternative fuel trucks. This action is to approve issuance of a Program Announcement for replacement of Model Year 2003 and older heavy-duty diesel drayage trucks with new diesel or alternative fuel trucks that are certified to meet the 2007 EPA emission standards.
    
5. Execute Contract for 2009 Leaf Blower Exchange Program
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   At its April 3, 2009 meeting, the Board approved release of a Program Announcement to solicit competitive bids from manufacturers of low-emission leaf blowers. This action is to award a contract to Pacific Stihl to conduct the 2009 Leaf Blower Exchange Program in an amount not to exceed $269,925 from the AQIP Fund. (Review: Mobile Source Committee, June 19, 2009)
    
6. Recognize Revenue and Appropriate Funds for PM2.5, NATTS and Enhanced Particulate Monitoring Programs, Recognize Revenue and Reallocate Unspent Funds for PAMS and U.S. EPA Community-Scale Air Toxics Monitoring Programs, and Issue Purchase Order and RFQs
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   U.S. EPA has allocated Section 103 funds in the amount of $807,165 for the PM2.5 program and $158,950 for the NATTS (National Air Toxics Trends Stations) program. U.S. Department of Homeland Security (DHS) has allocated $2,173,177 for the Enhanced Particulate Monitoring Program. Also, unspent FY 2008-09 funds from other U.S. EPA programs need to be carried over to the FY 2009-10 Budget. As such, this action is to: (1) recognize revenue and appropriate funds for the PM2.5, NATTS and U.S. DHS programs; (2) recognize revenue and reallocate unspent 17th year PAMS (Photochemical Assessment Monitoring Stations) funds and U.S. EPA Community-Scale Air Toxics Monitoring Program funds to the FY 2009-10 Budget; and (3) issue purchase order and RFQs for budgeted fixed assets. (Review: Administrative Committee, June 12, 2009)
    
7. Transfer Funds from Clean Fuels Program Fund and Carl Moyer Program Fund AB 923 Account to FY 2009-10 Budget of Science & Technology Advancement to Support Administrative, Outreach, Education and Other Directly-Related Activities
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   The Clean Fuels and Carl Moyer Programs successfully execute hundreds of contracts, totaling over $65 million, every year. Such large programs have ongoing administrative, outreach, education and other directly-related activities which require resources and support. Each fiscal year, staff requests fund transfers to allow support for such activities throughout the year. This action is to transfer $600,000 from the Clean Fuels Program Fund and $300,000 from the Carl Moyer Program Fund AB 923 Account to the FY 2009-10 Budget of Science & Technology Advancement's Services and Supplies Major Object, Professional and Special Services Account to support these activities. (Review: Technology Committee, June 19, 2009)
    
8. Approve Addition of Funds to School Bus Replacement Awards under Proposition 1B Lower-Emission School Bus Program and Approve New Grants for School Bus Retrofits
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   Under the Proposition 1B Lower-Emission School Bus Program, CARB had previously allocated $70.1 million to the AQMD. The Program, however, was suspended in late 2008 due to the state’s severe economic condition. CARB has now re-initiated the program with the release of $44.8 million to the AQMD. This action is to approve the addition of $945,462 from the Carl Moyer Program AB 923 Fund to the school bus replacement awards approved in July and December 2008, to cover the recently enacted one percent sales tax increase in the amount of up to $460,713, and to cover the shortfall in state bond funds in the amount of $484,749. Furthermore, these actions are to approve the retrofit of 16 school buses in the amount of $320,000 from state bond funds and approve a backup list for school bus replacements. In addition, this action is to approve $95,300 from the Lower-Emission School Bus Fund, including $39,539 in unspent U.S. EPA school bus grant funds to co-fund the purchase of PM trap cleaners. (Review: Technology Committee, June 19, 2009)
    
9. Execute Contracts for FY 2008-09 “Year 11” Carl Moyer Memorial Air Quality Standards Attainment Program, and Issue Program Announcement for Surplus Off-Road Opt-In for NOx Provision
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   On May 1, 2009, proposals were received in response to the Program Announcement that was issued for the “Year 11” Carl Moyer Air Quality Standards Attainment Program. This action is to execute Carl Moyer Program contracts in an amount not to exceed $6,065,287. This action is also to issue a Program Announcement for the Surplus Off-Road Opt-In for NOx (SOON) provision of the state in-use off-road vehicle regulation. (Review: Technology Committee, June 19, 2009)
    
10. Execute Truck Fleet Modernization Contracts for Carl Moyer Program
    Miyasato (909) 396-3249
    (mmiyasato@aqmd.gov)
    On April 4, 2008, the Board approved release of a Program Announcement to solicit projects at a cost not to exceed $6 million under the “Year 9” Carl Moyer Truck Fleet Modernization Program. These projects are evaluated on a first-come, first-served basis, and are submitted on a monthly basis to the Board for approval. This action is to execute fleet modernization contracts from the Carl Moyer Program Fund SB 1107 Account.
     
11. Execute Contracts for Natural Gas Refueling Station Infrastructure
    Miyasato (909) 396-3249
    (mmiyasato@aqmd.gov)
    AQMD staff has received unsolicited funding requests from the County of Orange, Applied LNG Technologies (ALT) and Waste Management, Inc. (WM) to cost-share the installation of new and upgraded natural gas fueling equipment. This action is to execute sole source contracts with the County of Orange, ALT and WM for three fueling stations for a total amount not to exceed $615,680 from the Clean Fuels Fund. Staff has recognized the agreement not to implement prior funding commitments by Burrtec, Merit Oil Company, First Student, City of Burbank and Yellow Cab Company for fueling infrastructure totaling $870,137 and has returned these funds to the Clean Fuels Fund, which will be sufficient to cover the recommended actions. (Review: Technology Committee, June 19, 2009)
     
12. Authorize Purchase of Off-site Storage and Destruction Services
    Marlia (909) 396-3148
    (cmarlia@aqmd.gov)
    The AQMD maintains over 3,000 cubic feet of paper records in off-site storage. The AQMD also performs nightly tape backup onto magnetic tape for the various minicomputers and file servers under Information Management’s control. Record retention and best effort in vital protection require off-site storage of these paper records and computer tapes in case of fire, earthquake or any other natural disaster. The AQMD’s Records Retention Policy also requires the destruction of all records and information that have reached the limit of their retention period. This action is to obtain approval for the sole source purchase of off-site storage and destruction services for one year, for paper records, nightly back-up tapes, and microfiche. Funds for this purchase ($71,380) are included in the FY 2009-10 Budget. (Review: Administrative Committee, June 12, 2009)
     
13. Authorize Purchase of PeopleSoft, Oracle and LibertyNet Software Support
    Marlia (909) 396-3148
    (cmarlia@aqmd.gov)
    PeopleSoft Integrated Financial/Human Resources System uses Oracle database software. The maintenance support for this system expires August 29, 2009. The AQMD’s Liberty Imaging System provides District users access to records maintained in electronic format. Support for this system will expire on July 31, 2009. This action is to obtain approval for the purchase of PeopleSoft, Oracle and LibertyNet software maintenance support for another year. Funds ($308,803) for this expense are included in the FY 2009-10 Budget. (Review: Administrative Committee, June 12, 2009)
     
14. Issue RFP for Technological Position Audit
    Marlia (909) 396-3148
    (cmarlia@aqmd.gov)
    AQMD requires the services of qualified Information Technology (IT) audit professionals to perform an IT performance audit to help determine opportunities for hardware, system and software modernization. This action is to issue an RFP for a technological position audit. Its purpose is to review and evaluate the information technologies currently in place and those that are needed to support AQMD’s business goals. (Review: Administrative Committee, June 12, 2009)
     
15. Execute Contracts for Student Co-op Program
    Pearce (909) 396-2828
    (rpearce@aqmd.gov)
    Since August 1995, the AQMD has contracted with the Cal Poly Pomona Foundation (Foundation) for the services of student interns in Finance and the AQMD Laboratory. These interns perform a variety of valuable tasks for both Finance and the Laboratory. The current contracts will expire in August, 2009 for Finance and June, 2009 for the Laboratory. This action is to execute two three-year contracts with the Foundation in an amount not to exceed a combined total of $46,000 per year for student intern services. College students throughout the region may be provided by the Foundation. Funds for these contracts have been included in each respective organizational unit's FY 2009-10 Budget. (Review: Administrative Committee, June 12, 2009)
     
16. Appoint Attorney Member Alternate to AQMD Hearing Board
    McDaniel (909)396-2500
    (smcdaniel@aqmd.gov)
    The terms of office for the Hearing Board Attorney Member and the Alternate expire June 30, 2009. At its June 5, 2009 meeting, the Board appointed
    Julie Masters as the Hearing Board Attorney Member for the term effective July 1, 2009 and ending June 30, 2012, as recommended by the Administrative Committee. However, the candidate recommended by the Administrative Committee for appointment as the Alternate subsequently declined to serve as the alternate. The item was reconsidered by the Administrative Committee at its meeting on June 12, 2009, and another candidate selected for recommendation to the Board. This action is to appoint an alternate attorney member to fill the new term. (Review: Administrative Committee, June 12, 2009)
     
17. Approve One-year Labor Contracts with Teamsters Local 911 and with SCAQMD Professional Employees Association and Approve Comparable Terms for Non-Union-Represented Employees
    Tharp (909) 396-3018
    (etharp@aqmd.gov)
    AQMD management and representatives of Teamsters Local 911, representing the Technical & Enforcement and Office Clerical & Maintenance Bargaining Units, and SCAQMD Professional Employees Association, representing the Professional Bargaining Unit, have reached agreement on new one-year labor contracts that, consistent with Board direction, provide no salary increases or other cost changes beyond a nine percent adjustment to AQMD’s monthly contribution toward health benefits, effective September 1, 2009, to maintain current levels of health benefits. Bargaining unit members have ratified these agreements, and this action is to present ratified contracts to the Board for approval. This action is also to approve the same nine percent adjustment to AQMD’s contribution toward health benefits to maintain benefits levels for all non-union-represented employees, also effective September 1, 2009. This action requires an appropriation of $1.057 M to the FY 2009-10 Budget.
     
18. This item withdrawn by staff.
    
    
    Information Only - Receive and File
    
     
19. Public Affairs Report
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    This report highlights the May 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 May 1 through May 31, 2009
     
21. Civil Filings and Civil Penalties Report
    Dublin (909) 396-3459
    (kdublin@aqmd.gov)
    This reports the monthly penalties from April 1 through April 30, 2009, and legal actions filed by the District Prosecutor during April 1 through April 30, 2009. A glossary explaining the key terms and Index of District Rules are 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 May 1, 2009 and May 31, 2009, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, June 19, 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 2009.
     
24. Report of RFPs and RFQs Scheduled for Release in July
    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 July. (Review: Administrative Committee, June 12, 2009)
     
25. 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 report on major automation contracts and projects to be initiated by Information Management during the first six months of FY 2009-10. (Review: Administrative Committee, June 12, 2009)
     
26. Report on Discussions with Fire Agencies Pertaining to Rule 1143 – Consumer Paint Thinners & Multi-Purpose Solvents
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    This report summarizes the activities of staff pertaining to Rule 1143 – Consumer Paint Thinners & Multi-Purpose Solvents. At the March 6, 2009 Board meeting, the Board directed staff to continue dialogue with the Fire Agencies, and consider developing an education/outreach program to remind consumers about the appropriate use of thinners and solvents. The Board further directed staff to work with the Fire agencies to develop a mechanism to track acetone-related fires, as well as report on the penetration of non-acetone containing products. Staff has met with the fire agencies to discuss these issues. (Review: Stationary Source Committee, May 22, 2009)
     
27. Items Deferred from Consent Calendar
    
    
    BOARD CALENDAR
    
     
28. Administrative Committee
    Chair: Burke
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
     
29. Legislative Committee
    Chair: Carney
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    The Committee deliberated on agenda items including the following federal legislation for Board consideration:
     

    Bill/Title	Recommended Position
    H.R. 1835 Boren (OK) New Alternative Transportation to Give Americans Solutions (NATGAS) Act of 2009	Support
    S. 849 Carper (DE) To require the Administrator of the US EPA to conduct a study on black carbon emissions	Support with Amendments
    H.R. 1329 Blumenauer (OR) Clean, Low Emission Affordable New Transportation Efficiency Act (CLEAN TEA)	Support with Amendments
    Supporting Extension of Energy Independence and Security Act of 2007 Provision on CMAQ	Support

    
     

30. Update on SB 696 (Wright) Air Quality: CEQA Exemptions: Emission Reduction Credits Update
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
    SB 696 (Wright), sponsored by the AQMD, was significantly amended by the author on June 9, 2009. The amended bill was discussed at the June 12 Legislative Committee which recommended that the amendments be reviewed by the full Board at the July meeting.
     
31. Mobile Source Committee
    Chair: Loveridge
    Chang (909) 396-3186
    (echang@aqmd.gov)
     
32. Stationary Source Committee
    Chair: Yates
    Nazemi (909) 396-2662
    (mnazemi1@aqmd.gov)
     
33. Technology Committee
    Chair: Wilson
    Liu (909) 396-2105
    (cliu@aqmd.gov)
     
34. Mobile Source Air Pollution Reduction Review Committee
    Board Liaison: Antonovich
    Hogo (909) 396-3184
    (hhogo@aqmd.gov)
     
35. California Air Resources Board Monthly Report
    Board Rep: Loveridge
    McDaniel (909)396-2500
    (smcdaniel@aqmd.gov)
    
    
    PUBLIC HEARINGS
    
     
36. Amend Rule 317 - Clean Air Act Non-Attainment Fees
    (Continued from June 5, 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: Stationary Source Committee, January 23, March 20, and May 22, 2009)
    
     

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);

• NRDC, et al. v. SCAQMD, et al., Court of Appeal, Second Appellate
  District, Case No. B212646;

• 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.

It is also necessary for the Board to recess to closed session pursuant to Government Code sections 54956.9(c) to confer with its counsel regarding determining whether to initiate litigation (one case).

In addition, it is also necessary for the Board to recess to closed session pursuant to Government Code section 54597.6(a) to meet with

• designated representatives regarding represented employee salaries and
  benefits or other mandatory subjects within the scope of
  representation[Negotiator: Eudora Tharp; Represented Employees:
  Teamsters Local 911 & SCAQMD Professional Employees Association]

and to meet with

• labor negotiators regarding unrepresented employees [Agency Designated
  Representative:  Eudora Tharp; Unrepresented Employees:  Designated
  Deputies and Management and Confidential employees].

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