GOVERNING BOARD AGENDA
MEETING, April 2, 2010

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 Awards, Burke

• Sylphide Crevelle
• Gary Heiss
• Russ Juranek
• Patrick H. “Rick” Pearce
• Eudora Tharp
• Flor Tumambing, and
• Joe Tumambing
  

Note: Consent Calendar items held for discussion will be moved to Item No. 17.

1. Minutes of March 5, 2010 Board Meeting
   McDaniel (909)396-2500
   (smcdaniel@aqmd.gov)
   
   
2. Set Public Hearings May 7, 2010 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
   Wallerstein (909) 396-3131
   (bwallerstein@aqmd.gov)
   1. Amend Rule 1193 – Clean On-Road Residential and Commercial Collection Vehicles
      Hogo (909) 396-3184
      (hhogo@aqmd.gov)
      Amendments are proposed to Rule 1193 to address recent court decisions on fleet rule applicability in terms of modifying the scope of the rule to apply to government fleets. In addition, amendments are proposed to require the use of alternative-fuel solid waste collection vehicles when government agencies issue contracts for new or renewed solid waste collection services for both commercial and residential service. (Review: Mobile Source Committee, October 16, 2009, January 22, 2010 and March 19, 2010)
      
      
   2. 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 with minimal cost impacts. Other proposed amendments clarify rule provisions and make administrative changes that have no revenue impact. Staff is also proposing to adjust fee rates by 2.1% consistent with the CPI increase for this fiscal year. (Review: Administrative Committee, April 9, 2010 and Stationary Source Committee, April 16, 2010)
      
      Budget/Fiscal Impact
      
      
3. Issue Purchase Orders for Carbonyl Samplers and CNG Repair Vehicles
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   As part of the 18th Year PAMS program, U.S. EPA has allocated funding for Carbonyl Samplers that has already been recognized into the FY 2009-10 Budget. An RFP for this equipment was issued in December 2009, and bids have been evaluated. This action is to execute a purchase order with ATEC, Inc. for an amount not to exceed $123,817 for the purchase of eight Automated Carbonyl Samplers as budgeted in the 18th year PAMS award. This action is also to execute a purchase order with Downtown Ford Sales for four CNG Repair Vehicles for an amount not to exceed $167,879. (Review: Administrative Committee, March 12, 2010)
   
   
4. Execute Contract for Reforestation within Angeles Forest Burn Area
   Whynot (909)396-3104
   (jwhynot@aqmd.gov)
   This action is to execute a contract with the National Forest Foundation to generate GHG reductions through reforestation in the Station Fire area, in an amount not to exceed $1,500,000 with an option to add an additional $300,000. Funding for this project is from Chevron’s CEQA mitigation fees. (Review: Climate Change Committee, December 18, 2009 and February 5, 2010)
   
   
5. Execute Contracts for FY 2008-09 “Year 11” Carl Moyer Program and SOON Provision and Amend Award under Carl Moyer Program
   Miyasato (909) 396-3249
   (mmiyasato@aqmd.gov)
   On November 6 and 20, 2009, proposals were received in response to the SOON Provision of the State In-Use Off-Road Vehicle Regulation and the “Year 11” Carl Moyer Air Quality Standards Attainment Program Solicitations, respectively. On February 5, 2010, the Board approved Carl Moyer and SOON projects for $7,855,537. Since then, staff has worked with applicants and completed evaluation of additional projects. These actions are to execute contracts under the Carl Moyer Program and the SOON Provision in an amount not to exceed $2,450,676 from the Carl Moyer Program Fund. Finally, this action is a no-cost amendment to a Carl Moyer Program award. (Review: Technology Committee, March 19, 2010)
   
   
6. Adopt Resolution to Renew General Services Agreement with County of Los Angeles
   Wallerstein (909) 396-3131
   (bwallerstein@aqmd.gov)
   Since its inception, AQMD has contracted with the County of Los Angeles for the provision of various services such as treasury services, vehicle gasoline and compressed natural gas, retirement program administration, and various supply items. The estimated annual cost of these services is $81,000. The current agreement expires on June 30, 2010. This action is to adopt a Board Resolution to renew the agreement for a period of five years beginning July 1, 2010 and ending June 30, 2015. (Review: Administrative Committee, March 12, 2010)
   
   
7. Unfund Manager Position, Establish New Class, and Reclassify Supervisor Position
   Wallerstein (909) 396-3131
   (bwallerstein@aqmd.gov)
   Upcoming retirements provide an opportunity to achieve efficiencies through restructuring. To that end, this action is to combine the Building Maintenance and Business Services units under the Business Services Manager, unfund the Building Maintenance Manager position, and reclassify Building Maintenance Supervisor to a new class of Building Supervisor. The net annual cost savings of these changes is approximately $139,629. (Review: Administrative Committee, March 12, 2010)
   
   
8. Approve Transfer of Monies from General Fund to Health Effects Research Fund
   Wallerstein (909) 396-3131
   (bwallerstein@aqmd.gov)
   In 2008, the Board established a Health Effects Research Fund initially funded at $1.5 million from the BP Arco Settlement Fund. The Board further authorized, upon annual Board approval, the transfer of the 20% of annual penalty money received that exceeds $4 million in receipts to the Health Effects Research Fund. This action is to transfer $1,093,939 of the annual penalty money received in FY 2008-09 to the Health Effects Research Fund. (Review: Administrative Committee, March 12, 2010)
   
   
9. Execute Contracts with Rick Pearce and Eudora Tharp for Expert Technical Consulting Services and Approve Findings Supporting Contracts
   Wallerstein (909) 396-3131
   (bwallerstein@aqmd.gov)
   This action is to execute contracts with Chief Financial Officer Rick Pearce and with Assistant Deputy Executive Officer/Administrative and Human Resources Eudora Tharp to provide expert technical consulting services after their retirements to provide a transition period for their successors in these mission-critical executive management assignments. Additionally, this action is to approve findings under Health and Safety Code section 40426.7, which requires the Board to make specific findings before contracting with certain AQMD employees within 12 months following retirement. The total cost of both contracts will not exceed $40,000 and sufficient funds are available in the FY 2009-10 Budget. (Review: Administrative Committee, March 12, 2010)
   
   
10. Authorize Purchase of Maintenance and Support Services for Server Hardware and Software
    Marlia (909) 396-3148
    (cmarlia@aqmd.gov)
    Servers are used by most enterprise-level software applications at the AQMD and currently support a suite of client/server and web-based applications known collectively as the Clean Air Support System. These applications are used to support all of the AQMD core activities. Maintenance support for these servers expires April 30, 2010. This action is to obtain approval for the sole source purchase of server hardware and software maintenance and support services from Hewlett Packard Company for one year. Funds ($85,000) for this expense are included in the FY 2009-10 Budget. (Review: Administrative Committee, March 12, 2010)
    
    
    Information Only - Receive and File
    
    
11. Legislative & Public Affairs Report
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    This report highlights the February 2010 outreach activities of Legislative & Public Affairs, which include Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Outreach to Business and Federal, State and Local Government.
    
    
12. Hearing Board Report
    Camarena (909) 396-2500
    (ecamarena@aqmd.gov)
    This reports the action taken by the Hearing Board during the period of February 1 through February 28, 2010.
    
    
13. Civil Filings and Civil Penalties Report
    Wiese (909) 396-3460
    (kwiese@aqmd.gov)
    This reports the monthly penalties from January 1 through January 31, 2010, and legal actions filed by the District Prosecutor during February 1 through February 28, 2010. An Index of District Rules is attached with the penalty reports.
    
    
14. 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 February 1, 2010 and February 28, 2010, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, March 19, 2010)
    
    
15. Rule and Control Measure Forecast
    Chang (909) 396-3186
    (echang@aqmd.gov)
    This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2010.
    
    
16. Status Report on Major Projects for Information Management Scheduled to Start During Last 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 last six months of FY 2009-10.
    
    
17. Items Deferred from Consent Calendar.
    
    
    BOARD CALENDAR
    
    Note: The regular meeting of the MSRC was canceled; the next MSRC meeting is scheduled for April 15, 2010.  
    
    
18. Administrative Committee
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
    Chair: Burke
    
    
19. Legislative Committee
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    Chair: Carney
    
    The Committee deliberated on agenda items for Board consideration:
    
    

    Bill/Title	Recommended Position
    AB 1740 (Jeffries) Vehicles:  Specially Constructed Vehicles	Oppose
    AB 1863 (Gaines) Diesel generators:  Health Facilities	Support
    SB 1433 (Leno) Air Pollution Penalties: Inflation Adjustments	Support
    AB 2289 (Eng) Smog Check Program: Testing: Penalties	Support
    AB 2691 (Hall) California Global Warming Solutions Act of 2006: Fees	Oppose
    AB 2037 (M. Perez and Salas) Electricity: Air Pollution	Support
    SB 1114 (Florez) Emission Reduction Credits: Private and Public Moneys	Work with author to clarify provisions and report back in 30 days
    SB 1194 (Hollingsworth) Air Pollution Control Districts: Residential Wood-Burning Devices	Oppose

    
    
20. Mobile Source Committee
    Chang (909) 396-3186
    (echang@aqmd.gov)
    Chair: Loveridge
    
    
21. Stationary Source Committee
    Nazemi (909) 396-2662
    (mnazemi1@aqmd.gov)
    Chair: Yates
    
    
22. Technology Committee
    Liu (909) 396-2105
    (cliu@aqmd.gov)
    Chair: Gonzales
    
    
23. California Air Resources Board Monthly Report
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
    Board Rep: Loveridge
    
    
24. California Fuel Cell Partnership Steering Team Meeting Summary and Quarterly Update
    Miyasato (909) 396-3249
    (mmiyasato@aqmd.gov)
    On December 4, 2009, the Board approved the proposal to renew membership in the California Fuel Cell Partnership (CaFCP) for 2010. This report summarizes the California Fuel Cell Partnership Steering Team meeting held February 23-24, 2010 and provides a quarterly update for the period beginning October 2009. (Review: Technology Committee, March 19, 2010)
    
    
25. Annual Meeting of Brain & Lung Tumor and Air Pollution Foundation
    Wiese (909) 396-3460
    (kwiese@aqmd.gov)
    This item is to conduct the annual meeting of the Brain & Lung Tumor and Air Pollution Foundation. The Foundation staff will present an annual report detailing the research supported by the Foundation over the past year, the Foundation's plans for the future, and a financial report.
    
    
26. First Public Draft of 2010 Clean Communities Plan
    Chang (909) 396-3186
    (echang@aqmd.gov)
    The Draft 2010 Clean Communities Plan (CCP) is an update to the AQMD’s Air Toxics Control Plan. The Draft 2010 CCP includes a wide range of measures to address air toxics. It includes traditional approaches to addressing toxic air emissions such as developing additional source specific air toxics rules as well as more innovative implementation approaches to address cumulative impacts for highly impacted communities. The Draft 2010 CCP also includes educational and outreach programs for schools, local government, and the public to enable better informed decisions to maximize protection of public health.
    
    
    PUBLIC HEARINGS
    
    
27. Annual Report for 2009 on AB 2588 Air Toxics Hot Spots Program
    Chang (909) 396-3186
    (echang@aqmd.gov)
    The Air Toxics "Hot Spots" Information and Assessment Act of 1987 (AB 2588) requires local air pollution districts to prepare an annual report. Key accomplishments for 2009 include: (1) reviewed twelve facility health risk assessments (HRAs), (2) conducted one public notification meeting, (3) approved one risk reduction plan, (4) prioritized 330 AB 2588 facilities for FY 2006-07, (5) requested seven and evaluated five detailed Air Toxics Inventory Reports (ATIRs), (6) notified nine facilities to prepare HRAs, (7) updated AB 2588 website information, and (8) reviewed the 2005 Toxics Release Inventory and National-Scale Air Toxics Assessment Data. (Review: Stationary Source Committee, March 19, 2010)
    
    
28. Amend Rule 317 - Clean Air Act Non-Attainment Fees
    (Continued from January 8, 2010 Board Meeting)
    Staff is recommending that the public hearing on this item be continued to the May 7, 2010 Board Meeting.
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    The public hearing for the proposed amended rule was continued to the April Board meeting. The newly proposed amendments are designed to comply with Section 185 of the federal CAA and incorporate flexibilities afforded pursuant to the recently released guidance by U.S. EPA. (Review: Administrative Committee, May 5, 2009; Stationary Source Committee, January 23, 2009, March 20, 2009, May 22, 2009, June 19, 2009, July 24, 2009, September 24, 2009 and January 22, 2010)
    
    
29. Amend Rule 1144 - Metalworking Fluids and Direct-Contact Lubricants
    Staff is recommending that the public hearing on this item be continued to the June 4, 2010 Board Meeting.
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    Rule 1144 was adopted on March 6, 2009 which partially implemented Control Measure CTS-01-Emission Reductions from Lubricants (CTS-01). The current proposal will expand the applicability of the rule to include Direct-Contact Lubricants and Metal Working Fluids by establishing VOC limits effective January 1, 2012. The proposal also prohibits the sale of non-compliant fluids, requires annual sales reporting and product labeling, and incorporates a recently-validated test method for determining VOC content. These amendments will fully implement Control Measure CTS-01. (Review: Stationary Source Committee, February 19, 2010 and March 19, 2010)