GOVERNING BOARD AGENDA
MEETING, September 11, 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
  • Buford Crites on behalf of Supervisor Roy Wilson
  • Barry R. Wallerstein, D. Env., Executive Officer

Election of Vice Chair for Existing Term Ending January 2010, Burke

Election of Chair and Vice Chair for Terms January 2010 – January 2012, Burke

CONSENT CALENDAR (Items 1 through 19)

Note: Consent Calendar items held for discussion will be moved to Item No. 20.

  1. Minutes of July 10, 2009 Board Meeting and Minutes of August 3, 2009 Special Board Meeting
    McDaniel (909) 396-2500
    Mail graphic (smcdaniel@aqmd.gov)

    Budget/Fiscal Impact
     
  2. Execute Sole Source Contract and Issue RFP to Implement Education/Training Element of Chairman’s Helping Hand Initiative
    Hogo (909) 396-3184
     Mail graphic (hhogo@aqmd.gov)
    In February 2009, the Board approved the Chairman’s Helping Hand Initiative which includes development of an education/training element for new technology installation and maintenance. To implement the education element, staff has been in discussions with Advanced Transportation Technology & Energy (ATTE) Network of California Community Colleges to develop a scope of work for enhanced training programs. This action is to execute a sole source contract with ATTE in an amount not to exceed $500,000 to develop curricula to be offered at local community colleges. A second component is the development of outreach and education to truck operators on the availability of advanced engine technologies and improved fuel efficiency. This action is to issue an RFP for customer service centers at two major truck stops for an amount not to exceed $150,000. Sufficient funds are available from Clean Fuels Fund to execute the sole source contract and issue RFP. The overall effort to implement the education component of the Initiative will not exceed $1,000,000. (Review: Technology Committee, July 24, 2009)
     
  3. Execute Contracts to Replace Heavy-Duty Diesel Drayage Trucks
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    At its July 10, 2009 meeting, the Board approved issuance of a program announcement to fund truck replacement projects at the Ports of Los Angeles and Long Beach with funds from the Proposition 1B Goods Movement Program, the two Ports, and the AQMD. This action is to approve projects for replacement of pre-2004 heavy-duty diesel trucks with 2007 certified or newer diesel and LNG drayage trucks at the Ports of Los Angeles and Long Beach.
     
  4. Add Additional School to Pilot Study of Air Filtration Systems in Schools
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    In December 2006 the Board approved a pilot study of air filtration systems in classrooms. AQMD staff recommends adding an additional school to deploy a new wall-mounted stand-alone air filtration system with the same expected PM removal efficiency and greater cost effectiveness than the stand-alone unit tested previously. A school fitting the requirements for evaluating the new stand-alone unit has been identified, and this additional work is consistent with the intent of the pilot study. This action is to amend the existing contract with Thermal Comfort Systems, Inc. for the installation and evaluation of the new stand-alone air filtration system for one additional school using the remaining funds from the pilot study.
     
  5. Execute Contracts for FY 2008-09 “Year 11” Carl Moyer Memorial Air Quality Standards Attainment Program and Surplus Off-Road Opt-In for NOx Provision of State In-Use Off-Road Vehicle Regulation
    Miyasato (909) 396-3249
    Mail graphic (mmiyasato@aqmd.gov)
    On May 1, 2009, proposals were received in response to the program announcements that were issued for the “Year 11” Carl Moyer Air Quality Standards Attainment Program and the SOON Provision of the State In-Use Off-Road Vehicle Regulation. These actions are to execute contracts under the Carl Moyer Program and the SOON Provision in an amount not to exceed $23,593,629 from the Carl Moyer Program SB 1107 Fund. (Review: Technology Committee, July 24, 2009)
     
  6. Authorize Purchase of Telecommunication Services
    Marlia (909) 396-3148
    Mail graphic (cmarlia@aqmd.gov)
    On May 1, 2009, AQMD released an RFP to select a vendor(s) capable of providing telecommunication services to the AQMD in the most cost-effective manner and, if possible, to consolidate all telephone company-related services to a single telecommunications provider. These telecommunication services included local, long distance, and toll-free; private IP (PIP)/frame relay network; dedicated T1 lines, internet access; phone switch maintenance; and wireless voice and data. This action is to obtain approval to purchase telecommunication services from the selected vendor(s) for a period of three years. Funds for this purchase are included in the FY 2009-10 Budget ($750,000) and will be included in subsequent fiscal year budget requests. (Review: Administrative Committee, July 17, 2009)
     
  7. Issue RFP for Legislative Representation in Washington, D.C.
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    Direct representation in the Capitol is necessary to support AQMD positions at the federal level, and the current contract for such services at the Capitol expires January 14, 2010. This action is to issue an RFP to provide legislative consulting services for AQMD in Washington, D.C. for 2010. Total expenditure for the contract shall not exceed $221,500 for a one-year period, which is the current contract amount. (Review: Legislative and Administrative Committees, July 17, 2009)
     
  8. Re-authorize Appropriation of Funds from Undesignated Fund Balance to Planning, Rule and Area Sources FY 09-10, Professional and Special Services Account Budget
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    In 2008, the Board approved four contracts to assist AQMD staff in the preparation of CEQA documents for Union Pacific Railroad’s Intermodal Container Transfer Facility (ICTF) Proposed Modernization and Expansion Project. The Board also approved the adjustment of contract awards as necessary to meet the fully developed scope of environmental analysis, up to an additional amount of $400,000 ($100,000 for four consultants) for fiscal year 2008-2009. AQMD staff has concluded that the additional funds are necessary to continue working on the CEQA documents. Because this money was not encumbered in the existing contracts, it can no longer be accessed in the new fiscal year. This action is to reauthorize the appropriation of the $400,000 from the Undesignated Fund Balance to the Planning, Rule and Area Sources fiscal year 2009-2010 Professional and Special Services Account Budget. All amounts will be reimbursed by the ICTF Joint Powers Authority (JPA) overseeing the project, and ultimately paid by Union Pacific Railroad.
     
  9. Approve Contract Modifications and Awards under FYs 2006-07, 2007-08, 2008-09, 2009-10, 2010-11 and 2011-12 AB 2766 Discretionary Fund Work Programs and Fund Transfer for Miscellaneous Costs in FY 2009-10
    Roberts
    The MSRC previously approved release of an RFP to solicit technical advisor services. The MSRC unanimously awarded the contract to Raymond Gorski as part of FYs 2009-10, 2010-11 and 2011-12 Work Programs. The MSRC also approved multiple awards for local government match projects; a replacement contract for demonstration CNG buses; augmentation of previously awarded contract to provide alternative fuel school bus incentives for school districts; modifications to contractor names, vehicle locations, and incentive amounts; allocation of funds to incentivize alternative fuel buses for private pupil transportation; as well as awards to provide 511 commuter services outreach and evaluation of the campaign, as part of FYs 2006-07, 2007-08 and 2008-09 Work Programs. Additionally, every year the MSRC adopts an Administrative Budget which includes transference of funds to the AQMD Budget to cover administrative expenses. The MSRC seeks AQMD Board approval of these contract awards and modifications and the fund transfer.(Review: Mobile Source Air Pollution Reduction Review Committee, May 21, June 18, and July 16, 2009)


    Information Only - Receive and File

     
  10. Public Affairs Report
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    This report highlights the June and July 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.
     
  11. Hearing Board Report
    Camarena (909) 396-2500
    Mail graphic (ecamarena@aqmd.gov)
    This reports the action taken by the Hearing Board during the period of June 1 through July 31, 2009.
     
  12. Civil Filings and Civil Penalties Report
    Dublin (909) 396-3459
    Mail graphic (kdublin@aqmd.gov)
    This reports the monthly penalties from May 1 through May 31, 2009, and legal actions filed by the District Prosecutor during May 1 through June 30, 2009. A glossary explaining the key terms and Index of District Rules are attached with the penalty report.
     
  13. Lead Agency Projects and Environmental Documents Received by AQMD
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between June 1, 2009 and July 31, 2009, and those projects for which the AQMD is acting as lead agency pursuant to CEQA.
     
  14. Rule and Control Measure Forecast
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2009 and portions of 2010.
     
  15. Report of RFPs and RFQs Scheduled for Release in September
    Pearce (909) 396-2828
    Mail graphic (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 September. (Review: Administrative Committee, July 17, 2009)
     
  16. FY 2008-09 Contract Activity
    Pearce (909) 396-2828
    Mail graphic (rpearce@aqmd.gov)
    This report lists the number of contracts let during FY 2008-09, the respective dollar amounts, award type, and the authorized contract signatory for the AQMD. This report includes the data provided in the March 2009 report covering contract activity for the first six months of FY 2008-09.
     
  17. Summary of Changes to FY 2008-09 Approved Budget
    Pearce (909) 396-2828
    Mail graphic (rpearce@aqmd.gov)
    This is the annual report of budget changes for FY 2008-09.
     
  18. Audit Report of AB 2766 Fee Revenue Recipients for FYs Ending June 30, 2006 and 2007
    Pearce (909) 396-2828
    Mail graphic (rpearce@aqmd.gov)
    Health and Safety Code Section 44244.1 requires any agency that receives fee revenues subvened from the Department of Motor Vehicles to be audited once every two years. This audit of AQMD's share, MSRC's share, and local governments' share of such subvened funds, performed by independent Certified Public Accountants, has been completed. (Review: Administrative Committee, July 17, 2009)
     
  19. Status Report on Major Projects for Information Management Scheduled to Start During First Six Months of FY 2009-10
    Marlia (909) 396-3148
    Mail graphic (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.
     
  20. Items Deferred from Consent Calendar.


    BOARD CALENDAR

     
  21. Administrative Committee
    Chair: Burke
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)
     
  22. Legislative Committee
    Chair: Carney
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    The Committee deliberated on agenda items including the following state legislation for Board consideration:
     
    Bill/Title Recommended Position
    AB 1527 (Lieu) Motor Vehicle Emission Projects Support with Amendments
    AB 1404 (De Leon) California Global Warming Solutions Act Of 2006: Offsets Support in Concept with Amendments

     

  23. Mobile Source Committee
    Chair: Loveridge
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
     
  24. Stationary Source Committee
    Chair: Yates
    Nazemi (909) 396-2662
    Mail graphic (mnazemi1@aqmd.gov)
     
  25. Technology Committee
    Chair: Wilson
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
     
  26. Mobile Source Air Pollution Reduction Review Committee
    Board Liaison: Antonovich
    Hogo (909) 396-3184
     Mail graphic (hhogo@aqmd.gov)
     
  27. California Air Resources Board Monthly Report
    Board Rep: Loveridge
    McDaniel (909)396-2500
    Mail graphic (smcdaniel@aqmd.gov)
     
  28. California Fuel Cell Partnership Steering Team Report and Quarterly Activity Report
    Miyasato (909) 396-3249
    Mail graphic (mmiyasato@aqmd.gov)
    On April 3, 2009, the Board approved the proposal to renew membership with the California Fuel Cell Partnership (CaFCP) for 2009. This report summarizes the California Fuel Cell Partnership Steering Team meeting held June 23-24, 2009 and provides an activity report for the period beginning January 2009. (Review: Technology Committee, July 24, 2009)


    PUBLIC HEARINGS

     
  29. Amend Rule 317 - Clean Air Act Non-Attainment Fees
    (Staff is recommending that the public hearing on this item be continued to the December 4, 2009 meeting.)
    Tisopulos (909) 396-3123
    Mail graphic (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)
     
  30. Amend Rule 1145 - Plastic, Rubber, Leather and Glass Coatings
    (Staff is recommending that the public hearing on this item be postponed until some unspecified date.)
    Tisopulos (909) 396-3123
    Mail graphic (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 glass door assemblies. Other minor clarifications and corrections (e.g. numbering) are also proposed. (Review: Stationary Source Committee, July 24, 2009)
     
  31. Amend Rule 102 – Definition of Terms
    Tisopulos (909) 396-3123
    Mail graphic (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)
     

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
Mail graphic (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.

  • Southern California Gas Company v. SCAQMD, Los Angeles Superior
    Court, Case No. BS122004.
     

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).
 

ADJOURNMENT

***PUBLIC COMMENTS***

Members of the public are afforded an opportunity to speak on any listed item before or during consideration of that item. Please notify the Clerk of the Board, (909) 396-2500, if you wish to do so. All agendas are posted at AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California, at least 72 hours in advance of the meeting. At the end of the agenda, an opportunity is also provided for the public to speak on any subject within the AQMD's authority. Speakers may be limited to three (3) minutes each.

Note that on items listed on the Consent Calendar and the balance of the agenda any motion, including action, can be taken (consideration is not limited to listed recommended actions). Additional matters can be added and action taken by two-thirds vote, or in the case of an emergency, by a majority vote. Matters raised under Public Comments may not be acted upon at that meeting other than as provided above.

Written comments will be accepted by the Board and made part of the record, provided 25 copies are presented to the Clerk of the Board. Electronic submittals to cob@aqmd.gov of 10 pages or less including attachment, in MS WORD, plain or HTML format will also be accepted by the Board and made part of the record if received no later than 5:00 p.m., on the Tuesday prior to the Board meeting.

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
PM2.5 = Particulate Matter < 2.5 microns
PR = Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
RTC = RECLAIM Trading Credit
SCAG = Southern California Association of Governments
SIP = State Implementation Plan
SOx = Oxides of Sulfur
SULEV = Super Ultra Low Emission Vehicle
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
U.S. EPA = United States Environmental Protection Agency
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle



This page updated: June 25, 2015
URL: ftp://lb1/hb/2009/September/0909ag.htm