GOVERNING BOARD AGENDA
MEETING, May 1, 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

Note: Consent Calendar items held for discussion will be moved to Item No. 26.

1.  Minutes of April 3, 2009 Board Meeting
McDaniel (909)396-2500
(smcdaniel@aqmd.gov)

1. Amend Regulation III – Fees
   Tisopulos (909) 396-3123
   (ltisopulos@aqmd.gov)
   Staff is proposing a limited number of amendments to Regulation III - Fees to better align program revenues with program costs. Other proposed amendments clarify rule provisions and have minor fee adjustments. Staff is also proposing administrative amendments that have no revenue impact. Staff is not proposing a CPI increase for this fiscal year. (Review: Stationary Source Committee, April 17, 2009 and Administrative Committee, May 8, 2009)
    
2. Adopt Proposed Rule 433 – Natural Gas Quality
   Tisopulos (909) 396-3123
   (ltisopulos@aqmd.gov)
   Fluctuations in natural gas quality may adversely impact emissions from natural gas-powered equipment. The objective of Proposed Rule 433 is to monitor the quality of natural gas being supplied to end users located within the AQMD and determine the effects of liquefied natural gas additions on the natural gas distribution system. (Review: Stationary Source Committee, April 17, 2009)
    
3. Amend Rule 1401 – New Source Review of Toxic Air Contaminants to Add Cancer Risk Value for Ethyl Benzene
   Chang (909) 396-3186
   (echang@aqmd.gov)
   The proposal would add a cancer risk value for ethyl benzene to the list of toxic air contaminants (TACs) in Rule 1401 - New Source Review of Toxic Air Contaminants. The cancer risk value was approved by the Office of Environmental Health Hazard Assessment in November 2007. In addition to impacts for new, modified, and relocated equipment subject to Rule1401, a preliminary assessment of impacts for existing facilities subject to 1402 – Control of Toxic Air Contaminants from Existing Sources is included because Rule 1402 uses the same list of TACs. (Review: Stationary Source Committee, May 22, 2009)

Budget/Fiscal Impact

3B.  Modify Contract and Award in Support of Mountain Area CNG School Bus Demonstration Program, Issue RFP for MSRC Technical Advisor Services, and Exercise Option for Website Services under FYs 2008-09, 2009-10 & 2010-11 AB 2766 Discretionary Fund Work Programs
Roberts
As an element of its FY 2006-07 Work Program, the MSRC funded the Mountain Area CNG School Bus Demonstration Program. The MSRC approved an increase in the award to its infrastructure vendor and extension of leases for the school buses to provide the participating school district a full year of demonstration. In addition, the contract for the MSRC’s Technical Advisor, an independent contractor who provides technical assistance in support of the AB 2766 Discretionary Fund Program, expires June 30, 2009. To ensure continuation of these services, the MSRC approved release of an RFP to solicit Technical Advisor services for FYs 2009-10 & 2010-11, including a two-year option to extend. Finally, the MSRC approved exercising the option in its contract with HiP Design for continuation of website services for two more years. At this time, the MSRC seeks AQMD Board approval to release the Technical Advisor RFP and to execute the award and contract modifications under FYs 2008-09, 2009-10 & 2010-11 AB 2766 Discretionary Fund Work Programs. (Review: Mobile Source Air Pollution Reduction Review, March 19, 2009 and April 16, 2009)

4.  Execute Truck Fleet Modernization Contracts for Carl Moyer Program, Extend Fleet Modernization Program Announcement Deadline and Switch Source of Funds in Carl Moyer Program Contracts Between SB 1107 and AB 923 Accounts
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-serve basis, and are submitted monthly to the Board for approval. These actions are to execute a fleet modernization contract from the Carl Moyer Program Fund SB 1107 Account and to extend the Fleet Modernization Program Announcement deadline to December 31, 2009. The final action is to switch source of funds in selected Carl Moyer Program contracts between SB 1107 and AB 923 accounts to meet the “Year 9” Carl Moyer Program expenditure requirement.
 

5.  Expand Scope of Advanced Technology, Outreach and Education Fund and Execute Contract to Cosponsor Pilot Program to Retrofit Lithographic Presses to New Low-VOC Technology
Miyasato (909) 396-3249
(mmiyasato@aqmd.gov)
Many printing companies have automatic blanket wash systems where cleanup solvent is sprayed onto the blanket and a dry cloth is engaged to wipe off ink and other debris from the blanket. A new generation of automatic blanket wash systems has been demonstrated to replace the automatic dry cloth material. This action is to execute a contract with the Printing Industries Association of Southern California to accelerate the retrofit of existing lithographic presses equipped with dry cloth automatic cleanup systems to a new, low-VOC technology in an amount not to exceed $80,000 from the Advanced Technology, Outreach and Education Fund, as well as expand the scope of this fund to include demonstration projects. (Review: Technology Committee, April 17, 2009)
 

6.  Recognize Funds and Execute Contract to Cosponsor Development and Demonstration of Selective Catalytic Regeneration Technology for Heavy-Duty Diesel Trucks
Liu (909) 396-2105
(cliu@aqmd.gov)
On-road heavy-duty diesel trucks contribute a majority of the total mobile source NOx and PM emissions within the South Coast Air Basin. Selective catalytic reduction (SCR) and particulate filter technologies are capable of significantly reducing both of these emissions, but would benefit from additional field demonstrations. As such, staff applied for and is expecting a $900,000 award from U.S. EPA under the Clean Diesel Emerging Technologies Program to further demonstrate SCR technologies. This action is to recognize these funds and execute a contract with Johnson Matthey Inc., to optimize and demonstrate a selective catalytic regenerating technology on at least 43 model year 1999 through 2002 heavy-duty Class 8 on-road diesel trucks at a cost not to exceed $1,200,000 from the Clean Fuels Fund. (Review: Technology Committee, April 17, 2009)

7.  Execute Contracts for Hydrogen Infrastructure and Issue RFP for AQMD Hydrogen Station Upgrade
Liu (909) 396-2105
(cliu@aqmd.gov)
The AQMD currently operates a hydrogen fueling station to accommodate the demonstration and deployment of fuel cell vehicles. Further maintenance of the station is required while upgrade plans are in process. This action is to execute a contract for the maintenance of the AQMD station in an amount not to exceed $88,000. In addition, staff requests to issue an RFP to upgrade the AQMD station for larger capacity and higher pressure consistent with the next generation vehicles. Finally, this action is to execute contracts to cosponsor a hydrogen home fueling appliance study in an amount not to exceed $63,400, and a renewable hydrogen refueling station at Orange County Sanitation District in an amount not to exceed $750,000 from the Clean Fuels Fund. (Review: Technology Committee, April 17, 2009)

8.  Execute Contracts for Rule 2202 Air Quality Investment Program
Liu (909) 396-2105
(cliu@aqmd.gov)
At its February 1, 2008 meeting, the Board approved release of an RFP to solicit proposals to meet Rule 2202 AQIP emission reduction targets. Proposals for the funding opportunity have been reviewed. This action is to execute contracts funding AQIP projects in an amount not to exceed $1,606,581. (Review: Mobile Source Committee, April 17, 2009)

9.  Execute Sole Source Contracts to Develop and Perform Training in Enhanced Protocols for Nuisance Odor Characterization and Resolution, and Appropriate Funds from Undesignated Fund Balance to FY 2008-09 Budget of Science & Technology Advancement
Liu (909) 396-2105
(cliu@aqmd.gov)
Each year, the AQMD receives thousands of air quality complaints from members of the public regarding nuisance odors. These odors are associated with chemical species that may have adverse impacts on health and overall quality of life. Current AQMD odor complaint identification and investigation practices are effective but resource intensive. This action is to execute sole source contracts for one year with an option for a second year with Dr. Mel Suffet through MH3 Corporation and Jane Curren to develop and train in enhanced protocols for nuisance odor characterization and resolution, in an amount not to exceed $114,500 in FY 2008-09 with an option to renew for an amount not to exceed $65,000 in FY 2009-10. This action is also to appropriate $61,000 from the Undesignated Fund Balance to the Science and Technology Advancement FY 2008-09 Budget. (Review: Administrative Committee, April 10, 2009)

10.  Adopt Resolution Accepting Terms and Conditions for 2009 Multidistrict Award to Implement On-Road Heavy-Duty Vehicle Voucher Incentive Program
Liu (909) 396-2105
(cliu@aqmd.gov)
This action is to adopt a resolution recognizing up to $3,400,000 in 2009 Multidistrict funds from CARB to implement a Carl Moyer On-Road Heavy-Duty Vehicle Voucher Incentive Program and accept terms and conditions for the Multidistrict award. As required, AQMD will provide an equal match to the CARB funds. The AQMD match funds of up to $3,400,000 will be comprised of $920,581 from SB 1107 Multidistrict returned funds, $179,419 from SB 1107 Multidistrict interest, and up to $2,300,000 from the AB 923, Carl Moyer Program Fund. (Review: Technology Committee, April 17, 2009)

11.  Execute Contract to Replace Cooling Tower #3 and Reallocate Funds
Tharp (909) 396-3018
(etharp@aqmd.gov)
On February 6, 2009, the Board approved a contract with C.J.S. Industrial Maintenance to replace the building’s cooling tower #3. In working with the contractor, it was discovered that the particular cooling tower replacement selected as the low-cost bid did not meet one of the RFP technical specifications. This action is to execute a contract, still with C.J.S. Industrial Maintenance, but for a different cooling tower model option the company also bid in response to the RFP, which is the lowest-cost bid that meets specifications. The total replacement cost with this cooling tower model is not to exceed $96,580, which is $6,580 more than was budgeted. However, sufficient funding is available in the FY 2008-09 Budget and reallocation of funds for this purpose is requested. (Review: Administrative Committee, April 10, 2009)

12.  Issue RFP for Operation of Diamond Bar Headquarters Cafeteria
Tharp (909) 396-3018
(etharp@aqmd.gov)
The current contract to manage and operate AQMD headquarters cafeteria expires December 31, 2009. This action is to issue an RFP, containing environmental sustainability and “green building” requirements, to solicit proposals from qualified food service management firms interested in providing this service for the next three-year period. (Review: Administrative Committee, April 10, 2009)

13.  Issue RFQ and Purchase Order for CNG Compact Sedans for AQMD Fleet
Tharp (909) 396-3018
(etharp@aqmd.gov)
This action is to issue an RFQ to solicit bids for the procurement of up to five dedicated-CNG compact sedans for AQMD’s fleet and to issue a purchase order for an amount not to exceed $150,000 for purchase of the five vehicles from the lowest-cost bidder(s). The FY 2008-09 Budget includes funding for 25 vehicles; however, due to budget constraints, this action is to purchase only the five vehicles needed for the five new inspector positions added in the FY 2008-09 Budget. (Review: Administrative Committee, April 10, 2009)

14.  Amend Board Member Assistant and Board Member Consultant Policy and Administrative Code
Tharp (909) 396-3018
(etharp@aqmd.gov)
This item is to amend the Board Member Assistant and Board Member Consultant policy and the Administrative Code to permit those Assistants and Consultants who serve as AQMD employees the opportunity to participate in the deferred compensation plan AQMD sponsors for employees, as covered under Section 457 of the Federal Internal Revenue Code. Additionally, a second amendment to the policy would permit reimbursement of expenses associated with attendance at mobile Board meetings and Board retreats for all Board Assistants and Board Consultants. (Review: Administrative Committee, April 10, 2009)

15. Amend Contracts to Provide Short- and Long-Term Systems Development, Maintenance and Support Services
Marlia (909) 396-3148
(cmarlia@aqmd.gov)
AQMD currently has contracts with several companies for short- and long-term systems development, maintenance and support services. These contracts are periodically amended to add budgeted funds as additional needs are defined. This action is to amend contracts approved by the Board to add funding of $520,000 for needed development and maintenance work. Funds for this purchase are included in the FY 2008-09 Budget. (Review: Administrative Committee, April 10, 2009)

16.  Issue RFP for Telecommunication Services
Marlia (909) 396-3148
(cmarlia@aqmd.gov)
On October 6, 2006, the Board approved contracts with various vendors to provide telecommunication services to the District. These telecommunication services included local, long distance, and toll-free services; leased circuits; ISDN Pri T1 lines; cellular phones and calling cards; internet services; video conferencing; enhanced billing and reporting; and phone switch maintenance. The contracts will expire on November 30, 2009. This action is to issue an RFP to select vendors capable of providing these services for a three-year period. Funds ($250,000) for this expense will be included in the proposed
FY 2009-10 Budget, as well as in each of the two subsequent years, with the total value of the contract at $750,000. (Review: Administrative Committee, April 10, 2009)

17.  Appoint Medical Member to AQMD Hearing Board
McDaniel (909)396-2500
(smcdaniel@aqmd.gov)
The Hearing Board Medical Member position is presently vacant, due to the resignation of Joseph D. Auerbach, M.D. in December 2008. An Advisory Committee was appointed as required by law. The Advisory Committee interviewed candidates at its meeting on March 11, 2009, and made its recommendation to the Administrative Committee. The Administrative Committee interviewed candidates at its meeting on April 10, 2009, and made a final recommendation. This action is to appoint a Medical Member to fill the unexpired term ending June 30, 2010. (Review: Administrative Committee, April 10, 2009)

Action Item/No Fiscal Impact

18.  Amend Environmental Justice Advisory Group Charter
Ganguli (909) 396-3185
(aganguli@aqmd.gov)
The Board recently approved a charter and membership for the Environmental Justice Advisory Group (EJAG). In order to provide all Board Members with an opportunity to nominate additional members to EJAG, staff recommends that the Board amend the charter to increase the membership from 20 to 30 individuals. All other provisions for EJAG remain unchanged. (Review: Administrative Committee April 10, 2009)

19.  Approve Appointment by South Coast Air Quality Management District Building Corporation of Jack Guiso to Building Corporation’s Board of Directors
Tharp (909) 396-3018
(etharp@aqmd.gov)
As a result of the death of Mr. John Donaldson, a vacancy exists on the Board of Directors of the South Coast Air Quality Management District Building Corporation. The Building Corporation’s bylaws require that its appointment of a member to its Board of Directors be approved by the District’s Governing Board. This action is to approve appointment of Jack Guiso to the Building Corporation's Board of Directors. (Review: Administrative Committee, April 10, 2009)

Information Only - Receive and File

20.  Public Affairs Report
Abarca (909) 396-3242
(oabarca@aqmd.gov)
This report highlights the March 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.

21.  Hearing Board Report
Camarena (909) 396-2500
(ecamarena@aqmd.gov)
This reports the actions taken by the Hearing Board during the period of March 1 through March 31, 2009

22. Civil Filings and Civil Penalties Report
Wiese (909) 396-3460
(kwiese@aqmd.gov)
This reports the monthly penalties from February 1 through February 28, 2009, and legal actions filed by the District Prosecutor during February 1 through February 28, 2009. A glossary explaining the key terms and Index of District Rules are attached with the penalty reports.

23.  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 March 1, 2009 and March 31, 2009, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, April 17, 2009)

24.  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.

25.  Status Report on Major Projects for Information Management Scheduled to Start During Last 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 last six months of FY 2008-09.

26.  Items Deferred from Consent Calendar
 

BOARD CALENDAR

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

28A.  Legislative Committee
Chair: Carney
Abarca (909) 396-3242
(oabarca@aqmd.gov)
The Committee deliberated on the following items for Board consideration:

28B.  Legislative Committee
Chair: Carney
Abarca (909) 396-3242
(oabarca@aqmd.gov)
The Legislative Committee held a Special Meeting on Friday, April 24, 2009. The Committee deliberated on the following items for Board consideration

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

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

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

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

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

34. Presentation by Grant Recipients of Brain & Lung Tumor and Air Pollution Foundation
(No Written Material)
Ospital (909) 396-2582)
(jospital@aqmd.gov)

PUBLIC HEARING

35.  Amend Rule 1171 – Solvent Cleaning Operations and Rule 1122 – Solvent Degreasers
Tisopulos (909) 396-3123
(ltisopulos@aqmd.gov)
The proposed amendments extend the compliance date for the use of low-VOC solvents for clean-up of lithographic ultraviolet/electron beam ink application equipment and on-press screens in screen printing. The proposal also exempts certain specialized, small usage, low emission applications and provides other clarifying language in Rules 1171 and 1122. (Review: Stationary Source Committee, March 20, 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; and

• 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.

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

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
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