GOVERNING BOARD AGENDA
MEETING, July 9, 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 to Outgoing Hearing Board Alternate Jack Carsel, M.D., Burke


CONSENT CALENDAR (Items 1 through 29)

Note: Consent Calendar items held for discussion will be moved to Item No. 30.

  1. Minutes of June 4, 2010 Board Meeting and Minutes of June 14, 2010 Special Board Meeting
    McDaniel (909)396-2500
    Mail graphic (smcdaniel@aqmd.gov)

  2. Set Public Hearings September 10, 2010 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)
    1. Amend Rule 1150.1 - Control of Gaseous Emissions from Municipal Solid Waste Landfills
      Tisopulos (909) 396-3123
      Mail graphic (ltisopulos@aqmd.gov)
      The proposed amendments will incorporate provisions to make the rule consistent with a CARB state-wide rule for landfills, add NESHAP requirements which are already in effect, make minor corrections for clarity and amendments to reduce recordkeeping and reporting requirements to multiple agencies. (Review: Stationary Source Committee, July 23, 2010)

    2. Adopt Proposed Rule 1420.1 – Emissions Standard for Lead From Large Lead-acid Battery Recycling Facilities
      Chang (909) 396-3186
      Mail graphic (echang@aqmd.gov)
      On October 15, 2008, the U.S. EPA amended the National Ambient Air Quality Standard (NAAQS) for Lead. The standard has been lowered from 1.5 µg/m3 to 0.15 µg/m3 in order to provide an adequate margin of safety that would ensure the protection of public health. Based on current monitoring data, large lead-acid and battery recycling facilities are one of the largest sources of lead. Proposed Rule 1420.1 establishes additional requirements for large lead-acid battery recycling facilities to meet attainment of the new NAAQS for Lead. (Review: Stationary Source Committee, April 16, May 21 and June 18, 2010)


    3. Amend Rule 1401 - New Source Review of Toxic Air Contaminants and Preliminary Impact Assessment for Facilities Subject to Rule 1402 - Control of Toxic Air Contaminants From Existing Sources
      Chang (909) 396-3186
      Mail graphic (echang@aqmd.gov)
      The proposal would add or revise non-cancer chronic and acute risk values for acetaldehyde, acrolein, arsenic, fluorides, formaldehyde, manganese, and mercury on the list of toxic air contaminants (TACs) in Rule 1401 – New Source Review of Toxic Air Contaminants. In addition to impacts for new, modified, and relocated equipment subject to Rule 1401, a preliminary assessment of impacts for existing facilities subject to Rule 1402 – Control of Toxic Air Contaminants from Existing Sources, is included because Rule 1402 uses the same list of TACs. (Review: Stationary Source Committee, June 18, 2010)

Budget/Fiscal Impact

  1. Amend Contracts for Student Co-op Program
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    Since August 1995, AQMD has been utilizing the services of student interns provided through the Student Co-op of the Cal Poly Pomona Foundation (Foundation). The Foundation provides intern opportunities to students from many of the local colleges and universities and has proven beneficial for both AQMD and the student interns. The amendment to these contracts would address student intern funding for all AQMD departments that use these services, including Engineering and Compliance; Finance; Legislative and Public Affairs; Planning, Rule Development, and Area Sources; and the Science and Technology Advancement Office. This action is to amend the contract within the above-stated departments and the Foundation in order to consolidate all such efforts within the agency and place them on a common timeline for Board review. (Review: Administrative Committee, June 11, 2010)

  2. Issue RFP for Signature AQMD Video
    Atwood (909) 396-3687
    Mail graphic (satwood@aqmd.gov)
    Although AQMD has an extensive array of media and public outreach tools for communicating with the public, it does not have a signature video on air quality to inform the public about the region’s air quality problem and motivate them to take steps to further reduce their air pollution. This action is to issue an RFP for the production of such a video. The project will include a general background video plus five “plug-ins” focusing on the unique challenges and success stories in each of AQMD’s five major regions. The RFP will encourage submittals that include partnership funding/grants or in-kind services from organizations outside AQMD. (Review: Administrative Committee, June 11, 2010)

  3. Execute Contracts to Develop Prototype Natural-Gas-Fired, Fan-Type Central Furnaces with Reduced NOx Emissions
    Miyasato (909) 396-3249
    Mail graphic (mmiyasato@aqmd.gov)
    In November 2009, the Board authorized $1,000,000 to assist furnace manufacturers in meeting the new NOx limit established by Rule 1111, which goes into effect October 1, 2014. An RFP was issued on February 5, 2010, and four proposals were received requesting a total of $1,447,737. This action is to execute four contracts in a total amount not to exceed $1,000,000 to develop prototype furnaces meeting the 14 nanograms per Joule of useful heat rule limit. The Southern California Gas Company has offered $447,737 cofunding so that all four proposals can be fully funded. (Review: Technology Committee, June 18, 2010)

  4. Adopt Resolution Accepting Terms and Conditions for 2010 Multidistrict Award under On-Road Heavy-Duty Vehicle Voucher Incentive Program (Year 12) and Approve Match Funds to CARB Funds
    Miyasato (909) 396-3249
     Mail graphic (mmiyasato@aqmd.gov)
    This action is to adopt a resolution recognizing up to $1,471,433 in 2010 Multidistrict funds from CARB to continue implementation of the Carl Moyer On-Road Heavy-Duty Vehicle Voucher Incentive Program (VIP) and accept terms and conditions for the Multidistrict award. As required by CARB, AQMD will provide a match to the CARB funds comprised of $690,895 from SB 1107 Multidistrict returned funds and up to $780,538 from the AB 923, Carl Moyer Program Fund. (Review: Technology Committee, June 18, 2010)

  5. Execute Contract for FY 2009-10 “Year 12” Carl Moyer Memorial Air Quality Standards Attainment Program
    Miyasato (909) 396-3249
     Mail graphic (mmiyasato@aqmd.gov)
    On May 7, 2010, proposals were received in response to the program announcement issued for the “Year 12” Carl Moyer Air Quality Standards Attainment Program. This action is to execute a contract to repower 16 switcher locomotives in an amount not to exceed $10,532,035 from the Carl Moyer Program SB 1107 Fund. (Review: Technology Committee, June 18, 2010)

  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
    Mail graphic (cliu@aqmd.gov)
    U.S. EPA has allocated Section 103 funds in the amount of $784,745 for the PM2.5 Program and $160,578 for the NATTS Program. U.S. Department of Homeland Security (DHS) has allocated $2,335,823 for the Enhanced Particulate Monitoring Program. Also, unspent FY 2009-10 funds from other U.S. EPA programs need to be carried over to the FY 2010-11 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 18th year PAMS funds and U.S. EPA Community-Scale Air Toxics Monitoring Program funds to the FY 2010-11 Budget; and (3) issue purchase orders, issue RFQ, and amend contracts for budgeted items. (Review: Administrative Committee, June 11, 2010)

  7. Issue RFP for Installation and Maintenance of Air Filtration Systems in Wilmington Area Schools
    Liu (909) 396-2105
     Mail graphic (cliu@aqmd.gov)
    In December 2009, AQMD released an RFP to identify air filtration contractors and devices for installation and maintenance in classrooms and common areas of Wilmington area schools. There were only two responses to the RFP primarily due to a lack of existing data on the effectiveness of different filtration technologies. AQMD will be conducting additional testing to prequalify multiple filtration technologies, thus allowing for a greater number of eligible applicants for the installation and maintenance of the systems. Therefore, this action is to issue an RFP to identify qualified contractors that have the necessary technical expertise to install and maintain prequalified air filtration technologies. Total funding for this RFP will be a maximum of $5,400,000 from the TraPac Settlement Special Revenue Fund (52). (Review: Administrative Committee, June 11, 2010)

  8. Amend Contract to Develop and Demonstrate Fleet of Medium Duty Plug-In Hybrid Electric Vehicles
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    The California Energy Commission (CEC) recently finalized a $5 million award to cofund the U.S. Department of Energy American Recovery and Reinvestment Act project to develop and demonstrate over three hundred plug-in hybrid electric medium-duty trucks. Although this CEC award was already recognized as revenue by a previous Board action, this action is to amend the contract with Electric Power Research Institute to include the CEC $5 million for a total project cost not to exceed $49.5 million. (Review: Technology Committee, June 18, 2010)

  9. Execute and Amend Contracts for Operation and Maintenance of Hydrogen Fueling Stations
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    At its March 5, 2010 meeting, the Board approved the release of an RFP to solicit proposals for the operation and maintenance of the hydrogen fueling station at the City of Burbank. This action is to recognize cofunding from the Department of Energy-National Renewable Energy Laboratory, CARB and CEC, and to execute a maintenance and operation contract with Hydrogen Frontier, Inc. in an amount not to exceed $1,060,000 from the Hydrogen Fueling Station Special Revenue Fund. This action is to also amend the contract with Hydrogenics for the continued maintenance of the AQMD hydrogen station while plans to upgrade the station are in progress, in an amount not to exceed $100,000 from the Clean Fuels Fund. (Review: Technology Committee, June 18, 2010)

  10. Award Funding from MSRC for CNG School Buses to Private School Bus Transportation Provider
    Hogo (909) 396-3184
    Mail graphic (hhogo@aqmd.gov)
    On July 16, 2009, the MSRC approved an additional allocation of $2 million for CNG school bus incentives to private school bus transportation services providers. This allocation was approved by the Board on September 11, 2009. The AQMD administers this program to facilitate the implementation of District Rule 1195. This action is to approve an award to Durham School Services, LP in an amount not to exceed $1,997,500 to purchase 47 Type D natural gas school buses (approximately $42,500 per school bus). (Review: Mobile Source Air Pollution Reduction Review Committee, June 17, 2010)

  11. Issue RFP to Conduct In-Use Emissions Testing and Demonstrate Retrofit Technology for Control of On-Road Heavy-Duty Engines
    Hogo (909) 396-3184
    Mail graphic (hhogo@aqmd.gov)
    The newly introduced on-road heavy-duty engines must meet the stringent 2010 state and federal exhaust emissions standards for NOx and PM. These engines are either stoichiometric engines with a three-way catalyst or lean burn engines with exhaust gas recirculation, selective catalytic reduction and diesel particulate filter devices. The in-use emissions from these new technologies are not well characterized, nor are their impact on air quality. This action is to issue an RFP to conduct in-use emissions testing on new natural gas and diesel engines. In addition, if the in-use testing identifies emissions higher than allowable limits, the proposers would evaluate and demonstrate further aftertreatment mitigation technologies. (Review: Technology Committee, June 18, 2010)

  12. Authorize Purchase of Off-site Storage and Destruction Services
    Marlia (909) 396-3148
    Mail graphic (cmarlia@aqmd.gov)
    The AQMD maintains over 2,500 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 ($73,000) are included in the FY 2010-11 Budget. (Review: Administrative Committee, June 11, 2010)

  13. Authorize Purchase of PeopleSoft and Oracle Software Support
    Marlia (909) 396-3148
    Mail graphic (cmarlia@aqmd.gov)
    The AQMD uses the PeopleSoft Integrated Financial/Human Resources System. The software package provides purchasing, accounting, asset management, financial management, project reporting, payroll, and human resource functionality for the AQMD. The PeopleSoft system uses Oracle database software. The maintenance support for this system expires August 2010. This action is to obtain approval for the purchase of PeopleSoft and Oracle software maintenance support for another year. Funds ($238,800) for this expense are included in the FY 2010-11 Budget. (Review: Administrative Committee, June 11, 2010)

  14. Authorize Purchase of Electronic Document Management System Upgrade and Migration
    Marlia (909) 396-3148
    Mail graphic (cmarlia@aqmd.gov)
    AQMD has used the LibertyNet Electronic Document Management System to manage critical documents since 1990. Hyland Software acquired Liberty IMS, the manufacturer of LibertyNet, in July 2008. Hyland Software is phasing out the LibertyNet product and replacing it with OnBase. Therefore, AQMD is upgrading to the OnBase product. This action is to authorize the purchase of OnBase licensing, service and support for one year; implementation and migration services; and replacement of server hardware. Funds ($207,061) for this expense are included in the FY 2010-11 Budget. (Review: Administrative Committee, June 11, 2010)

  15. Appropriate Funds and Authorize Amending of Existing Contract with Special Outside Counsel to Assist with Litigation Regarding SB 827 and AB 1318 and Internal Bank
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    This item is to consider appropriating funds from the Undesignated Fund Balance and amending the existing contract with outside counsel to assist in defending the agency in litigation relating to operation of the internal bank, including readoption of Rule 1315 and implementation of SB 827 (Wright) and AB 1318 (Perez). Additional funding is necessary to complete two pending projects – completion of the CEQA document for readoption of Rule 1315 and the ongoing state and federal lawsuits. (Review: Administrative Committee, June 11, 2010)

  16. Approve Contract Modifications and Awards under FYs 2006-07, 2008-09 and 2009-10 AB 2766 Discretionary Fund Work Programs and Fund Transfer for Miscellaneous Costs in FY 2010-11
    Winterbottom
    The MSRC approved multiple new contracts and modifications under the 2006-07, 2008-09 and 2009-10 Work Programs. These include contracts awarding funds for alternative fuel heavy duty engines for on-road vehicles, a contract modification providing additional funds for website upgrades, a contract modification to A-Z Bus Sales providing additional funds for alternative fuel school buses, as well as a contract modification substituting vehicles under the Local Government Match Program. 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, June 17, 2010)


    Information Only - Receive and File

  17. Legislative & Public Affairs Report
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    This report highlights the May 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.

  18. 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 May 1 through May 31, 2010.

  19. Civil Filings and Civil Penalties Report
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    This reports the monthly penalties from April 1 through April 30, 2010, and legal actions filed by the District Prosecutor during May 1 through May 31, 2010. An Index of District Rules is attached with the penalty report.

  20. 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 2010 and portions of 2011.

  21. 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 May 1, 2010 and May 31, 2010, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, June 18, 2010)

  22. Enter Into Mitigation Agreement with Department of Toxic Substances Control Regarding Use of Emission Credits for CEQA Mitigation
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    The Department of Toxic Substances Control has approached the AQMD seeking guidance on using emission credits to mitigate significant NOx emissions during construction activities to clean up hazardous wastes at the Ascon landfill in Huntington Beach. In response to similar requests in the past, AQMD has established a procedure to follow when using emission credits as CEQA mitigation. The procedure includes ensuring that any emission credits used as CEQA mitigation are derived using existing AQMD protocols, are provided in sufficient quantities to ensure that emission impacts are mitigated to less than significant, and ensure that all credits used as CEQA mitigation are retired for the benefit of the environment. Penalties for non-compliance are also identified in the procedure. As a responsible agency, the AQMD would enter into a Mitigation Agreement with the lead agency and project proponent, signed by the Executive Officer.

  23. Interim Report on Technology Assessment for Biogas Engines Subject to Rule 1110.2
    Tisopulos (909) 396-3123
    Mail graphic (ltisopulos@aqmd.gov)
    The February 1, 2008 amendment of Rule 1110.2 substantially reduced emission limits for engines fueled by landfill or digester gas (biogas). The compliance date for these new limits was set at July 1, 2012. However, the rule and the adopting resolution called for a Technology Assessment by July 2010 to verify the feasibility of available control technologies. This report summarizes staff’s technology assessment and findings to date, including the status of three on-going demonstration projects, which experienced significant delays due to the permit moratorium in 2009, and will be followed by another report upon completion of the technology demonstration projects. While the on-going technology assessment points to encouraging evidence in support of the feasibility of the biogas engine limits of Rule 1110.2, the delay in implementing the demonstration projects will likely necessitate a delay of the July 1, 2012 compliance date of the rule. (Review: Stationary Source, June 18, 2010)

  24. Implementation Assessment Report for Rules 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters and 1146.1 - Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters
    Tisopulos (909) 396-3123
    Mail graphic (ltisopulos@aqmd.gov)
    Rules 1146 and 1146.1 establish NOx and CO emission limits for non-RECLAIM boilers and heaters greater than 2 mm Btu per hour heat input. The adopting resolutions to the September 5, 2008 amendments to Rules 1146 and 1146.1 directed staff to assess the reliability and performance of ultra low NOx burners and the impact of critical external factors and testing techniques on NOx measurements and report to the Board no later than July 15, 2010. This report summarizes the results of these assessments. (Review: Stationary Source Committee, June 18, 2010)

  25. Proposed Procedures for Mandated Brown Act Cost Reimbursement by State of California Controller's Office
    O’Kelly (909) 396-2828
    Mail graphic (mokelly@aqmd.gov)
    Staff will present information on the Open Meetings/Brown Act Reform Cost Reimbursement Program, which provides reimbursement to local agencies for compliance with the Brown Act. (Review: Administrative Committee, June 11, 2010)

  26. Report of RFPs and RFQs Scheduled for Release in July
    O’Kelly (909) 396-2828
    Mail graphic (mokelly@aqmd.gov)
    This report summarizes the RFPs and RFQs for budgeted services over $75,000 scheduled to be released for advertisement for the month of July. (Review: Administrative Committee, June 11, 2010)

  27. Report on Major Projects for Information Management Scheduled to Start During First Six Months of FY 2010-11
    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 report on major automation contracts and projects to be initiated by Information Management during the first six months of FY 2010-11. (Review: Administrative Committee, June 11, 2010)

  28. Items Deferred from Consent Calendar.


    BOARD CALENDAR

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

  30. Legislative Committee
    Chair: Carney
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    Less than a quorum was present; the Committee Members present expressed their concurrence and forwarded these items to the Board for approval:

    Bill/Title Recommended Position
    S. 3373 (Boxer) Air and Health 
    Quality Empowerment Zone           
    Designation Act of 2010     
    Approved Proposed
    Amendments*
    H.R. 5296 (McNerney) Air and       
    Health Quality Empowerment Zone    
    Designation Act of 2010
    Approved Proposed
    Amendments*
    Proposal for AQMD to Introduce
    Legislation Regarding Intellectual 
    Property Rights
    Approved Proposed
    Language
    * This reflects the concurrence of those committee members who were present.

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

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

  33. Technology Committee
    Chair: Gonzales
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)

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

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


    PUBLIC HEARINGS

  36. Amend Rule 1110.2 - Emissions from Gaseous- and Liquid-Fueled Engines
    Tisopulos (909) 396-3123
    Mail graphic (ltisopulos@aqmd.gov)
    The proposed amendment to Rule 1110.2 will add an exemption for internal combustion engines operated at one remote public safety communication facility in southwestern Riverside County on Santa Rosa Peak at over 7,400 foot altitude that does not have access to electric power or natural gas. The facility includes a communications tower and support equipment operated by Riverside County and used by fire, police and other public safety agencies. The site has limited access during winter. This exemption will allow the use of diesel generators at the site. (Review: Stationary Source Committee, May 21, 2010)

  37. Adopt SIP Revision to Implement AB 1318 (2009, V.M. Perez), Health and Safety Code 40440.14
    Nazemi (909) 396-2662
    Mail graphic (mnazemi1@aqmd.gov)
    Effective January 1, 2010, AB 1318 requires the Executive Officer of AQMD to credit to the AQMD’s internal emission credit accounts and transfer to eligible electrical generating facilities emission credits in the full amounts needed to issue permits for eligible electrical generating facilities to meet requirements for sulfur oxides (SOx) and particulate matter emissions. AB 1318 requires the power plants receiving credits to pay mitigation fees in accordance with the provisions of AQMD Rule 1309.1 as amended August 3, 2007. The proposed CPV Sentinel Energy Project Power Plant to be located in Desert Hot Springs, CA is the only known plant to be eligible under this section. The proposed SIP revision will provide a federally-approved mechanism for the transfer of credits to CPV Sentinel Energy Project, and will establish the CPV Sentinel Energy Project AB 1318 Tracking System used to account for such credits.

  38. Amend Rule 1143 - Consumer Paint Thinners and Multi-purpose Solvents
    Tisopulos (909) 396-3123
    Mail graphic (ltisopulos@aqmd.gov)
    The proposed amendments re-adopt the 25 g/l VOC limit for paint thinners and multi-purpose solvents with an effective date of January 1, 2011, previously rescinded pursuant to a court judgment; clarify definitions; and include additional labeling and public education requirements and other measures necessary to address CEQA-related flammability issues with respect to the use of acetone. The proposed amendments will reduce VOC emissions by 3.81 tons per day. (Review: Stationary Source Committee, April 16 and May 21, 2010)

  39. (Continued from June 4, 2010 Board Meeting)
    Hogo (909) 396-3184
    Mail graphic (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, March 19, 2010, April 16, 2010, and June 18, 2010)


  40. (Continued from June 4, 2010 Board Meeting)
    Tisopulos (909) 396-3123
    Mail graphic (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 Metalworking 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 thermogravimetric test method for determining VOC content. These amendments will fully implement Control Measure CTS-01. (Review: Stationary Source Committee, February 19, 2010, March 19, 2010, and May 21, 2010)


    OTHER BUSINESS

  41. AQMD management and representatives of the SCAQMD Professional Employees Association Bargaining Unit have reached an agreement on AQMD’s proposal for a new one-year labor contract that, consistent with Board direction, provides no salary increases or other cost changes beyond an adjustment to AQMD’s monthly contribution toward health benefits, effective September 1, 2010, to maintain current levels of health benefits. This health benefit adjustment is consistent with that approved by the Governing Board on June 4, 2010, for all other AQMD employees. This action requires an appropriation of $646,000 to the FY 2010-11 Budget.

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);

  • CCAT, et al. v. State of California; SCAQMD, et al., Los Angeles Superior Court Case No. BS124264;

  • NPCA v. SCAQMD, Court of Appeal, 4th Appellate District, Division Three, Case No. G040122; Supreme Court of California Case No. S177823;

  • 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;

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

  • Communities for a Better Environment v. South Coast Air Quality Management District, et al., Los Angeles Superior Court Case No. BS091275, and Carlos Valdez, et al. v. South Coast Air Quality Management District, et al., Los Angeles Superior Court Case No. BS091276; Court of Appeal of the State of California Case No. B193500; Supreme Court of California Case No. S161190.

It is also necessary for the Board to recess to closed session under Government Code section 54956.9(c) to consider initiation of litigation (one case).

In addition, it is also necessary for the Board to recess to closed session pursuant to Government Code sections 54956.8 to confer regarding real property negotiations regarding:

Property: 21825 Copley Drive, Diamond Bar, California 91765

Agency Negotiator: Barry Wallerstein

Negotiating Party: City of Diamond Bar

Under Negotiation: Price and terms of lease

and 54597.6(a) to meet with
  • designated representatives regarding represented employee salaries and benefits or other mandatory subjects within the scope of representation [Negotiator: William Johnson;

    Represented Employees: SCAQMD Professional Employees Association].

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