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 May 7, 2010 Board Meeting
   McDaniel (909)396-2500
   (smcdaniel@aqmd.gov)
   
   
2. Set Public Hearings July 9, 2010 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
   Wallerstein (909) 396-3131
   (bwallerstein@aqmd.gov)
   1. Amend Rule 1110.2 - Emissions from Gaseous - and Liquid-Fueled Engines
      Tisopulos (909) 396-3123
      (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)
      
      
   2. Amend Rule 1143 - Consumer Paint Thinners and Multi-purpose Solvents
      Tisopulos (909) 396-3123
      (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)
      

Budget/Fiscal Impact

3. Amend Contract with Technical and Business Systems, Inc. to Provide Technical Support for AQMD Coachella Valley Meteorological Network
   Tisopulos (909) 396-3123
   (ltisopulos@aqmd.gov)
   On June 6, 2008, the Board awarded a new contract with Technical and Business Systems, Inc. to provide technical support for the AQMD Coachella Valley Meteorological Monitoring Network, with options for three annual contract renewals.  Based on the contractor’s responsiveness and performance, this action is to exercise the second renewal option in the contract in an amount not to exceed $60,000.  This will bring the contract total to $165,000 for ongoing field support of the Coachella Valley meteorological stations and data management.  Funding for this contract amendment is included in the FY 2009-10 budget.  (Review: Administrative Committee, May 14, 2010)
   
   
4. Amend Contract with Technical and Business Systems, Inc. to Conduct Systems and Performance Audits of AQMD Meteorological Monitoring Network
   Tisopulos (909) 396-3123
   (ltisopulos@aqmd.gov)
   On June 6, 2008, the Board awarded a new contract with Technical and Business Systems, Inc. to conduct systems and performance audits of the AQMD meteorological monitoring network, with an option to extend the term and add funds for additional station audits.  Based on the contractor’s responsiveness and performance, this action is to amend this contract in an amount not to exceed $60,000.  This will bring the contract total to $120,000 to continue the assessment and analysis of the entire AQMD meteorological network.  Funding for this amendment is budgeted in the 18th year PAMS award from the Program Audits ($30,000) and the Data and Network Analysis ($30,000) Contract allocations.  (Review: Administrative Committee, May 14, 2010)
   
   
5. Execute Contract for Greenhouse Gas Registry
   Chang (909) 396-3186
   (echang@aqmd.gov)
   This action is to execute a contract with MGM International and Mercury Public Affairs for their consulting services related to the development of an AQMD Greenhouse Gas Registry in an amount not to exceed $200,000 from the Undesignated Fund Balance. (Review: Climate Change Committee, May 20, 2010)
   
   
6. Execute Contract for Technical Assistance for Advanced, Low- and Zero-Emission Mobile and Stationary Source Pollution Control Technologies under Clean Fuels Program
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   On December 4, 2009, the Board approved the release of an RFP to solicit proposals to provide technical assistance for advanced, low- and ero-emission mobile and stationary source pollution control technologies for the Clean Fuels program.  Two proposals were received in response to the solicitation.  However, at this time, only one proposal was selected for award based on current technical needs.  This action is to execute a contract with Engine, Fuel, and Emissions Engineering, Inc. to provide consultation services at a total cost not to exceed $100,000 from the Clean Fuels Program Fund.  (Review: Technology Committee, May 21, 2010)
   
   
7. Issue Purchase Orders for Purchase of Compressed U.S. EPA Protocol Calibration Gases, Ultrapure Air, and Other Gases Needed for Satisfying Federal Air Monitoring Program Requirements
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   In March 2010, the Board approved the release of an RFQ to purchase compressed U.S. EPA protocol calibration gases, ultrapure air, and other gases needed for satisfying federal air monitoring program requirements.  Seven qualifying bids for supplying these gases were received.  This action is to issue purchase orders for the purchase of compressed U.S. EPA protocol calibration gases, ultrapure air, and other related gases for FY 2010-11. (Review: Administrative Committee, May 14, 2010)
   
   
8. Issue Purchase Orders for Purchase of Compressed Gases and Cryogenic Liquids
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   In March 2010, the Board approved the release of an RFQ to purchase compressed gases and cryogenic liquids.  Six qualifying bids for compressed gases and five qualifying bids for cryogenic liquids were received and evaluated.  This action is to issue purchase orders for the purchase of compressed gases and cryogenic liquids for FY 2010-11.  (Review: Administrative Committee, May 14, 2010)
   
   
9. Adopt Resolution Accepting Terms and Conditions for Proposition 1B-Goods Movement Program Grants and Approve Projects under Proposition 1B-Goods Movement Program
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   On March 25, 2010, CARB adopted the revised Proposition 1B-Goods Movement Program guidelines. This action is to adopt a resolution to enter into grant agreements with CARB under the Proposition 1B-Goods Movement Program. In March 2009, the Board approved goods movement project awards that were subsequently suspended due to unavailability of Proposition 1B funds. CARB has now asked AQMD to fund the remaining eligible Ports and intermodal rail yard truck projects as first priority and then proceed with the other project categories. These actions are to approve: 1) Ports and intermodal rail yard truck projects for up to $3,440,000, 2) “other trucks” projects for up to $17,450,000, 3) backup projects in the “other trucks” category for any balance of unused funds or returned projects and 4) a locomotive project for up to $3,000,000. Finally, this action is to also approve LNG truck projects with AQMD funds awarded by the Department Of Energy, U.S. EPA and California Energy Commission for the combined amount of $13,059,160 plus any available funds from Fall through LNG truck projects previously approved by the Board.
   
   
10. Execute Contracts and Amend Award under Carl Moyer Program and SOON Provision and Recognize Funds from U.S. EPA
    Miyasato (909) 396-3249
    (mmiyasato@aqmd.gov)
    On May 1 and 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 September 11, 2009 and February 5, 2010, the Board approved Carl Moyer and SOON projects for $31,449,166.  Since then, staff has worked with applicants and completed evaluation of additional projects.  This action is to increase the funding amount for two existing awards for repower and execute two contracts under the Carl Moyer Program and the SOON Provision.  Finally, this action is to recognize $5,000,000 from U.S. EPA to electrify diesel rubber-tired gantry cranes, install shore power infrastructure, and repower off-road diesel vehicles. (Review: Technology Committee, May 21, 2010)
    
    
11. Appoint Members to AQMD Hearing Board
    McDaniel (909) 396-2821
    (smcdaniel@aqmd.gov)
    The terms of office for the Hearing Board Medical and Public Members, and their Alternates, expire June 30, 2010.  An Advisory Committee was appointed as required by law.  The Advisory Committee interviewed candidates at its meeting on April 14, 2010, and made its recommendation to the Administrative Committee.  The Administrative Committee interviewed candidates at its meeting on May 14, 2010, and made a final recommendation.  This action is to appoint members to fill the expiring terms.  (Review: Administrative Committee, May 14, 2010)
    
    
12. Amend Contract to Conduct Additional Research Project under Asthma and Outdoor Air Quality Consortium
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
    At the November 7, 2003 meeting, the Board authorized a contract with UCLA to manage the Asthma and Outdoor Air Quality Consortium, and approved the execution of several research projects under the Consortium. This action is to request a no-cost contract extension and a revision to the scope of work to add the project "Use of an Oxidant-Sensitive Murine Model for Studying the Adjuvant Effect of Ambient Particulate Matter to Discern Between Different Diesel Exhaust Particles that have been Typed Up for Oxidant Potential."  (Review: Technology Committee, May 21, 2010)
    
    
13. Approve Contract Modification Under FY 2006-07 Work Program and Issue RFP for Telework Demonstration Program Under FY 2009-10 AB 2766 Discretionary Fund Work Program
    Winterbottom 
    The MSRC approved a modification to the existing contract for assessing the feasibility of migrating the BikeMetro website as part of the FY 2006-07 Work Program, as well as the release of an RFP to retain a qualified consultant to implement a telework demonstration program as part of the FY 2009-10 Work Program. The MSRC seeks Board approval to modify the contract and issue the RFP at this time. (Review: Mobile Source Air Pollution Reduction Review Committee, May 20, 2010)
    

Action Item - No Fiscal Impact

14. Appoint Members to Deferred Compensation Plan Committee
    Weise (909) 396-3460
    (kweise@aqmd.gov)
    On May 2, 2008, the Board adopted a resolution approving the Charter of the Deferred Compensation Plan Committee.  This four-member committee oversees the administration of the Section 457 Deferred Compensation Plan which AQMD offers to its employees, and periodically reports its activities to the Board to ensure all legal requirements regarding fiduciary responsibilities are met.  Pursuant to the Charter approved by the Board, the Board must appoint new members to the committee whenever vacancies occur.  Two members retired in April, 2010, and a third member will resign from the committee, effective July 16, 2010.  This action is to appoint successors to these members.  (Review: Administrative Committee, May 14, 2010)
    

Information Only - Receive and File

15. Legislative & Public Affairs Report
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    This report highlights the April 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.
    
    
16. Hearing Board Report
    Camarena (909) 396-2500
    (ecamarena@aqmd.gov)
    This reports the action taken by the Hearing Board during the period of April 1 through April 30, 2010.
    
    
17. Civil Filings and Civil Penalties Report
    Weise (909) 396-3460
    (kweise@aqmd.gov)
    This reports the monthly penalties from March 1 through March 31, 2010, and legal actions filed by the District Prosecutor during April 1 through April 30, 2010.  An index of District Rules is attached with the penalty report.
    
    
18. 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.
    
    
19. 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 April 1, 2010 and April 30, 2010, and those projects for which the AQMD is acting as lead agency pursuant to CEQA.  (Review: Mobile Source Committee, May 21, 2010)



20. Report of RFPs and RFQs Scheduled for Release in June
    O'Kelly (909)396-2828
    (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 June.  (Review: Administrative Committee, May 14, 2010)
     
    
21. 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.
    
    
22. Items Deferred from Consent Calendar.
    

BOARD CALENDAR

23. Administrative Committee
    Chair: Burke
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
    
    
24. Climate Change Committee
    Chair: Burke
    Whynot (909) 396-3104
    (jwhynot@aqmd.gov)
    
    
25. Investment Oversight Committee
    Chair: Antonovich
    O'Kelly (909) 396-2828
    (mokelly@aqmd.gov)
    
    
26. Legislative Committee
    Chair: Carney
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    The Committee deliberated on agenda items for Board consideration and recommended the following positions: 
    

    Bill/Title	Recommended Position
    AB 1500 (Lieu) High-occupancy lanes: single occupancy vehicles: sunset date	Support with amendments
    AB 2514 (Skinner) Energy Storage Systems	Support
    SB 1156 (Cedillo) Heavy-duty trucks: grants: compliance	Support
    SB 1224 (Wright) Air discharges	Support

    
    
27. Mobile Source Committee
    Chair: Loveridge
    Chang (909) 396-3186
    (echang@aqmd.gov)
    
    
28. Stationary Source Committee
    Chair: Yates
    Nazemi (909) 396-2662
    (mnazemi@aqmd.gov)
    
    
29. Technology Committee
    Chair: Gonzales
    Liu (909) 396-2105
    (cliu@aqmd.gov)
    
    

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

31. California Air Resources Board Monthly Report 
    Board Rep: Loveridge
    McDaniel (909) 396-2821
    (smcdaniel@aqmd.gov)
    

Staff Presentation/Board Discussion

32. Proposal to Create AQMD Signature Film/Video on Air Quality, Public Health, and Achieving Clean Air
    (No Written Material)
    Atwood (909) 396-3687
    (satwood@aqmd.gov)
    A Signature Film/Video would be created to provide a multipurpose means of communicating how poor air quality is affecting Southern California and what businesses and consumers can do to help improve air quality.  The film/video would also highlight businesses using state-of-art pollution controls.  Intended audiences include schools, business groups, general public, elected officials, and others.
    
    
PUBLIC HEARINGS


33. Amend Rule 1144 - Vanishing Oils and Rust Inhibitors
    (Continued from April 2, 2010 Board Meeting)
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    Staff is recommending that the public hearing on this item be continued to the July 9, 2010 Board Meeting.
    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 April 16, 2010)
    
    
34. Amend Rule 317 - Clean Air Act Non-Attainment Fees
    (Continued from May 7, 2010 Board Meeting by operation of procedures)
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    The public hearing for the proposed amended rule was continued to the June 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, November 14, 2008; Stationary Source Committee, October 17, 2008, January 23, 2009, March 20, 2009, May 22, 2009, June 19, 2009, July 24, 2009, January 22, 2010, March 19, 2010, and April 16, 2010)
    
    
35. Amend Rule 1143 - Consumer Paint Thinners and Multi-purpose Solvents
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    On April 1, 2010, the Los Angeles County Superior Court kept Rule 1143 in effect with the exception of the final VOC limit of 25 g/L for consumer paint thinners and multi-purpose solvents.  Staff is proposing to rescind the 25 g/l VOC limit to comply with the judgment and writ issued.  This proposed amendment will result in foregoing 3.81 tons per day of VOC emission reductions.  Staff, however, plans to readopt the 25 g/l VOC limit subsequent to addressing CEQA-related flammability issues with the use of acetone, as required by the Court.  (Review: Stationary Source Committee, April 16, 2010)



36. Amend Regulation XXVII - Climate Change
    Whynot (909) 396-3104
    (jwhynot@aqmd.gov)
    The proposed amendments include adding a greenhouse gas reduction protocol for boiler and process heater efficiency improvements. The proposed amendments would also no longer require CARB approval of protocols, as they are not providing review of voluntary greenhouse gas protocols. (Review: Administrative Committee, March 12, 2010; Climate Change Committee, April 7, 2010)
    
    
37. Amend Rule 1193 – Clean On-Road Residential and Commercial Collection Vehicles
    Hogo (909) 396-3184
    (hhogo@aqmd.gov)
    Staff is recommending that the public hearing on this item be continued to the July 9, 2010 Board Meeting.
    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 and April 16, 2010)
    
    
    OTHER BUSINESS
    
    

38. Approve One-year Labor Contract with Teamsters Local 911 and Comparable Terms for Management and Confidential Employees
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov) 
    AQMD management and representatives of Teamsters Local 911, representing the Technical & Enforcement and Office Clerical & Maintenance Bargaining Units, have reached agreement on a new one-year labor contract.  Comparable terms have been tentatively submitted to Management and Confidential Employees.  This action is to authorize the Executive Officer to finalize the contract with Teamsters Local 911 and an agreement with comparable terms with Management and Confidential employees.
    

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);
• 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 U.S. Court of Appeals, 9th Circuit, Case No. 07-55804;
• W.M. Barr & Company, Inc. v. SCAQMD, Los Angeles Superior Court Case No. BS119869; and
• Southern California Gas Company v. SCAQMD, Los Angeles Superior Court Case No. BS122004.

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: Teamsters Local 911 & SCAQMD Professional Employees Association]

and to meet with

• labor negotiators regarding unrepresented employees [Agency Designated Representative: William Johnson; Unrepresented Employees: Designated Deputies and Management and Confidential employees].

ADJOURNMENT

ACRONYMS

AQIP = Air Quality Investment Program
AVR = Average Vehicle Ridership
Cal/EPA = California Environmental Protection Agency
CARB = California Air Resources Board
CEMS = Continuous Emissions Monitoring Systems
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental Research and Technology
CNG = Compressed Natural Gas
CO = Carbon Monoxide
CTG = Control Techniques Guideline
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