GOVERNING BOARD AGENDA
MEETING, November 6, 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. 22.

1. Minutes of October 2, 2009 Board Meeting and of October 22, 2009 Special Board Meeting
   McDaniel (909)396-2500
   (smcdaniel@aqmd.gov)
   
    
2. Set Public Hearings December 4, 2009 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
   Wallerstein (909) 396-3131
   (bwallerstein@aqmd.gov)
    
   1. 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)
       
       
   2. 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)

Budget/Fiscal Impact
 

3. Execute Contract for Operation of Diamond Bar Headquarters Cafeteria
   Tharp (909) 396-3018
   (etharp@aqmd.gov)
   The current contract for operation of the Diamond Bar headquarters cafeteria expires December 31, 2009. On June 5, 2009, the Board authorized release of an RFP to solicit proposals from firms interested in providing this service for the next three-year period. The RFP required proposals to incorporate environmental sustainability practices into cafeteria operations. This action is to execute a contract with California Dining Services for operation of the cafeteria through December 31, 2012. (Review: Administrative Committee, October 9, 2009)
    
4. 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 monthly to the Board for approval.  This action is to execute fleet modernization contracts from the Carl Moyer SB 1107 Program Fund.
    
5. Authorize Purchase of Ingres Relational Database Management System Software Support
   Marlia (909) 396-3148
   (cmarlia@aqmd.gov)
   The Ingres Relational Database Management System is used for the implementation of the Central Information Repository database. This database is used by most enterprise-level software applications at the AQMD and currently supports a suite of client/server and web-based applications known collectively as the Clean Air Support System (CLASS). The CLASS applications are used to support all of the AQMD core activities. Maintenance support for this software expires November 29, 2009. This action is to obtain approval for the purchase of Ingres Database software maintenance support for another year. Funds in the amount of $164,856 for this expense are included in the FY 2009-10 Budget. (Review: Administrative Committee, October 9, 2009)
    
6. Appropriate Funds from Undesignated Fund Balance to Planning, Rule Development and Area Sources FY 2009-10 Professional and Special Services Account Budget for Contracts for CEQA Analysis for Proposed Expansion and Modernization of Union Pacific’s Intermodal Container Transfer Facility
   Chang (909) 396-3186
   (echang@aqmd.gov)
   In 2008, the Governing Board entered into a Memorandum of Agreement with Intermodal Container Transfer Facility (ICTF) Joint Powers Authority (JPA) to prepare the CEQA documents for Union Pacific Railroad's ICTF Intermodal Container Transfer Facility Proposed Expansion and Modernization Project. The JPA agreed to reimburse the SCAQMD for the not to exceed amount of $2.5 million for preparation of these CEQA documents. To date, the Governing Board has approved a total of $750,000 for this project. AQMD staff has now concluded that additional funds are necessary to continue working on the CEQA documents because the analysis is more extensive than originally projected. This action recommends that the Governing Board authorize the appropriation of an additional $500,000 from the Undesignated Fund Balance to the Planning, Rule Development and Area Sources FY 2009-10 Professional and Special Services Account Budget. Money will be allocated to the consultants on an as-needed basis. All amounts will be reimbursed by the ICTF JPA overseeing the project, and ultimately paid by Union Pacific Railroad. (Review: Mobile Source Committee, October 16, 2009)
    
7. Establish List of Prequalified Consultants for Assistance Preparing CEQA Documents and Other CEQA-related Technical Analyses
   Chang (909) 396-3186
   (echang@aqmd.gov)
   At its June 5, 2009 meeting, the Board approved issuance of an RFP to pre-qualify expert services to provide assistance to AQMD staff in preparing CEQA documents for AQMD rules, regulations, and non-AQMD permit application projects where the AQMD is the lead agency under CEQA, and other topic-specific related analyses, such as GHG analysis, mitigation measure development, protocol development, or other CEQA-related activities, which may be used to update the AQMD's CEQA Air Quality Handbook. This action is to establish a list of prequalified consultants for assistance preparing CEQA documents and other CEQA-related technical analyses. (Review: Mobile Source Committee, October 16, 2009.)
    
8. Issue Program Announcements for Electric Lawn Mower Vendors
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   Staff proposes to extend the successful Lawn Mower Exchange Program by offering similar incentives in the spring of 2010 to generate cost-effective emission reductions. This action is to issue a program announcement to solicit competitive bids from manufacturers of cordless electric lawn mowers in sufficient quantities and at the lowest possible price for the expanded 2010 program. (Review:  Mobile Source Committee, October 16, 2009)
    
9. Recognize Revenue from Department of Energy and Execute Contracts for Expansion of LNG Fleet and LNG Corridor Fueling Infrastructure
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   The AQMD anticipates an award through the recent American Recovery and Reinvestment Act funding opportunity in the Petroleum Reduction Technologies Projects for the Transportation Sector category. The funding opportunity was coordinated through the Department of Energy (DOE) with the aim to further expand the Western Regional LNG Corridor. This action is to recognize $5,741,610 in revenue from the DOE, to execute a contract with United Parcel Service in an amount not to exceed $5,591,610 and to execute a contract with Applied LNG Technologies, Inc. in an amount not to exceed $150,000. (Review: Technology Committee, October 16, 2009)
    
10. Recognize Funds, Approve Additional Truck Projects, and Amend Technical Assistance Contracts under Proposition 1B Goods Movement Program
    Liu (909) 396-2105
    (cliu@aqmd.gov)
    CARB has informed the AQMD that additional Proposition 1B-Goods Movement Program funds will soon be available.  This is in addition to the $45.5 million already allocated to the AQMD this year.  This action is to recognize additional Proposition 1B Program funds and approve funding for additional LNG trucks under the second phase of the program, including applications inadvertently omitted in the original submittal. This action is to also amend contracts to secure technical assistance for implementation of the Proposition 1B Program.
     
11. Amend Two Contracts and Execute Three New Contracts under Carl Moyer Program
    Hogo (909) 396-3184
    (hhogo@aqmd.gov)
    On October 3, 2008 and September 11, 2009, the Board awarded several contracts to repower equipment under the Carl Moyer Program. Two of the awards were underestimated because the original cost quotations for parts and labor were lower than the actual costs to repower the equipment under the contracts. The cost-effectiveness of repowering the equipment remains below the Carl Moyer cost-effective threshold. In addition, staff has identified three additional projects that meet the Carl Moyer cost-effectiveness thresholds. This action is to amend two existing contracts for repower projects to provide additional funding, and execute three new contracts under the Carl Moyer Program. (Review: Technology Committee, October 16, 2009)
     
12. Appropriate Funds for Purchase and Implementation of PeopleSoft Enterprise Payroll (ePay)
    Pearce (909) 396-2828
    (rpearce@aqmd.gov)
    This action is to appropriate funding from the Undesignated Fund Balance to the FY 2009-10 District General Budget for the purchase and implementation of the ePay module and training associated with PeopleSoft Payroll and Employee Benefits administration. The ePay program works with AQMD’s existing PeopleSoft software allowing AQMD to further automate and streamline its payroll/employee benefits function by providing employees the ability to electronic update direct deposit information, view paychecks, and change deductions and tax withholding information. (Review: Administrative Committee, October 9, 2009)
     
13. Approve Contract Modifications under FYs 2005-06 & 2007-08 Work Programs; and Additional Local Government Match Program Awards and Funding to Exercise Contract Option for Programmatic Outreach Services as Part of FY 2009-10 AB 2766 Discretionary Fund Work Program
    Roberts
    As part of its FY 2009-10 AB 2766 Discretionary Fund Work Program, the MSRC allocated an additional $4,852,341 to fund the remaining 12 projects on the Local Government Match Program backup list and allocated $98,845 to exercise the option clause to extend for another two years the contract with The Better World Group for programmatic outreach services. The MSRC also approved modifications to three existing contracts, one under the FY 2005-06 Work Program and two under the FY 2007-08 Work Program. At this time, the MSRC requests approval of the additional Local Government Match Program awards and the funding allocation to exercise the option to provide programmatic outreach services for two more years as part of the FY 2009-10 AB 2766 Discretionary Fund Work Program, as well as to approve the three contract modifications under previous work programs. Finally, the MSRC also requests authority to adjust contracts up to five percent and authority for the Board Chairman to execute agreements. (Review: Mobile Source Air Pollution Reduction Review Committee, September 10 and October 15, 2009)
    
    
    Action Item/No Fiscal Impact
    
     

14. Remove Various Fixed Assets from AQMD Inventory
    Pearce (909) 396-2828
    (rpearce@aqmd.gov)
    AQMD Administrative Policies and Procedures No. 20 requires each organizational unit to review fixed assets for obsolescence and disposal every six months.   This action is to approve removal of surplus equipment and motor vehicles determined to be obsolete, non-operational and not worth repairing.  (Review:  Administrative Committee, October 9, 2009)
    
    
    Information Only - Receive and File
    
     
15. Public Affairs Report
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    This report highlights the September 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.
     
16. Hearing Board Report
    Camarena (909) 396-2500
    (ecamarena@aqmd.gov)
    This reports the action taken by the Hearing Board during the period of September 1 through September 30, 2009
     
17. Civil Filings and Civil Penalties Report
    Dublin (909) 396-3459
    (kdublin@aqmd.gov)
    This reports the monthly penalties from June 1 through August 31, 2009, and legal actions filed by the District Prosecutor during September 1 through September 30, 2009. An Index of District Rules is attached with the penalty reports.
     
18. 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 September 1, 2009 and September 30, 2009, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, October 16, 2009)
     
19. 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 and portions of 2010
     
20. Report of RFPs and RFQs Scheduled for Release in November
    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 November. (Review: Administrative Committee, October 9, 2009)
     
21. 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.
     
22. Items Deferred from Consent Calendar
    
    
    BOARD CALENDAR
    
    Note:  There was no CARB meeting held in October; the next meeting is scheduled for November 19, 2009.
    
     
23. Administrative Committee and Special Meeting of the Administrative Committee
    Chair: Burke
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
     
24. Legislative Committee
    Chair: Carney
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
     
25. Mobile Source Committee
    Chair: Loveridge
    Chang (909) 396-3186
    (echang@aqmd.gov)
     
26. Stationary Source Committee
    Chair: Yates
    Nazemi (909) 396-2662
    (mnazemi1@aqmd.gov)
     
27. Technology Committee
    Chair: Gonzales
    Liu (909) 396-2105
    (cliu@aqmd.gov)
     
28. Mobile Source Air Pollution Reduction Review Committee
    Board Liaison: Antonovich
    Hogo (909) 396-3184
    (hhogo@aqmd.gov)
    
    
    PUBLIC HEARINGS
    
    
     
29. Adopt Proposed Rule 1155 - Particulate Matter Control Devices
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)

    Staff is recommending that the public hearing on this item be continued to the December 4, 2009 Board meeting.

    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)
     
     
30. Amend Rule 1111 - NOx Emissions from Natural-Gas-Fired, Fan-Type Central Furnaces
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    The proposed amendment would implement 2007 AQMP control measure CMB03 - Further NOx Reductions from Residential Heating Furnaces through the use of low NOx burner technology and improvements to heat exchange components in residential furnaces. The proposed amendment would lower the NOx emissions limit for the majority of new residential heating furnaces and for the first time establish a NOx limit on new furnaces used in mobile homes. The implementation is proposed to be phased in over a six-year period beginning 2012 with a financial incentive for early compliance and a technology assessment commitment prior to the effective dates. Other minor clarifications and reporting requirements are also proposed. (Review: Stationary Source Committee, October 16, 2009)
     
31. Request to Revise 8-Hour Ozone and PM2.5 Transportation Conformity Emission Budgets for South Coast Air Basin and Coachella Valley
    Chang (909) 396-3186
    (echang@aqmd.gov)
    In response to a request from U.S. EPA, staff is proposing that the Board adopt revised 8-hour ozone and PM2.5 transportation conformity emission budgets for the South Coast Air Basin and Coachella Valley reflecting emission reductions associated with on-road mobile source regulations adopted by CARB during 2007 and 2008 and request CARB to forward the updated budgets to U.S. EPA for the purpose of conformity budget adequacy findings.  These revisions will not impact the 2007 SIP control measures and the AQMD's SIP reduction commitment will not change.  (Review: Mobile Source Committee, October 16, 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);

• 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