GOVERNING BOARD AGENDA
MEETING, May 7, 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

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

1. Minutes of April 2, 2010 Board Meeting
   McDaniel (909)396-2500
   (smcdaniel@aqmd.gov)
   
   
2. Set Public Hearings June 4, 2010 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
   Wallerstein (909) 396-3131
   (bwallerstein@aqmd.gov)
   

    

   1. 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)
      
      
   2. Amend Regulation XXVII - Climate Change and Establish Bank for Rule 2702 - Greenhouse Gas Reduction
      Whynot (909)396-3104
      (jwhynot@aqmd.gov)
      The proposed amendments include adding a greenhouse gas reduction protocol for boiler and process heater efficiency improvements and would establish a bank for certified emission reductions. 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)
      
      
      Budget/Fiscal Impact
      
   
   
3. Recognize Additional Proposition 1B – Lower Emission School Bus Program Funds from CARB and Approve School Bus Replacement and Retrofit Awards and Amend Contracts under Lower Emission School Bus Program
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   CARB has allocated an additional $1,079,635 to the AQMD for the Proposition 1B -School Bus Program. This action is to recognize these funds and place them in the Proposition 1B – Lower Emission School Bus Program Fund to replace 96 pre-1987 school buses with new CNG buses, retrofit 545 school buses with particulate traps, and allow the use of any unspent infrastructure funds towards the schools’ local match. Other actions are to amend contracts to pay for school bus safety equipment and other adjustments, such as an increase for sales tax. The final actions are to approve funding to upgrade two school bus fueling stations and donate a school bus to a public school district. (Review: Technology Committee, April 16, 2010)
   
   
4. Execute Contracts to Cosponsor Electric Bus Demonstration and Quick-Charge Infrastructure Projects
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   Battery electric transit buses represent a potential near-term opportunity for deploying zero-tailpipe emission technologies. The challenges remain in demonstrating the battery durability, quick-charge capability, appropriate routes and suitable chassis for such applications. This action is to execute two contracts to demonstrate these attributes in transit applications. The first contract is with Ebus, Inc. to demonstrate an electric shuttle bus in an amount not to exceed $350,000 and the second is with Foothill Transit to demonstrate quick-charge infrastructure for a full-size battery electric transit bus in an amount not to exceed $290,000, both from the Clean Fuels Fund. (Review: Technology Committee, April 16, 2010)
   
   
5. Execute Sole Source Contract for Sponsorship of CAPCOA Climate Change Forum
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   The California Air Pollution Control Officers Association (CAPCOA) is hosting a Climate Change Forum in August 2010 and is seeking cosponsorship from its members.  This action is to execute a sole source contract with CAPCOA to cosponsor the CAPCOA Climate Change Forum at a cost not to exceed $50,000 from the Clean Fuels Program Fund.  (Review: Administrative Committee, April 9, 2010) 
   
   
6. Issue Program Announcement for Low-Emission Leaf Blower Vendors
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   To follow up on the successful Leaf Blower Exchange Programs, staff proposes to offer similar incentives in the fall of 2010 to generate cost-effective emission reductions.  This action is to issue a Program Announcement to solicit competitive bids from manufacturers of low-emission leaf blowers in sufficient quantities at the lowest possible price.  (Review: Mobile Source Committee, April 16, 2010)
   
   
7. Execute Contract to Re-Establish Testing Facility and Quantify PM Emission Reductions from Commercial Charbroiling Operations
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   The University of California, Riverside, CE-CERT, under a contract with AQMD, previously developed a protocol to measure emissions from commercial charbroilers. This action is to execute a contract with CE-CERT to re-establish a testing facility and conduct source testing of current control technologies applied to under-fired charbroilers to quantify particulate matter emission reductions, in an amount not to exceed $60,000 from the Clean Fuels Program Fund. (Review: Technology Committee, April 16, 2010)
   
   
8. Execute Contract to Develop Fuel Cell-Gas Turbine Hybrid System for On-Board Locomotive Applications
   Miyasato (909) 396-3249
   (mmiyasato@aqmd.gov)
   The National Fuel Cell Research Center at the University of California, Irvine (UCI) has completed a review of Fuel Cell-Gas Turbine Hybrid technology for both long haul and mixed-mode locomotive applications.  The proposed project will develop a proof-of-concept solid oxide fuel cell-gas turbine hybrid system for use on board a locomotive and establish a conceptual design for real-world demonstration.  This action is to execute a contract with UCI in an amount not to exceed $78,000 from the Clean Fuels Fund.  The total cost of the proposed project is $156,000.  (Review: Technology Committee, April 16, 2010)
   
   
9. Execute Contracts to Cosponsor Aftertreatment Emission Control Technology Demonstration Projects for Biogas Engines
   Miyasato (909) 396-3249
   (mmiyasato@aqmd.gov)
   The use of renewable feedstock for energy production is a necessary transition to reduce greenhouse gas emissions, provide domestic energy diversity and reduce petroleum dependence. The utilization of these fuels, however, must be made as clean as possible, and the proposed two projects investigate this potential using a specific technology, NOxTech aftertreatment. This action is to execute contracts to demonstrate NOxTech on a landfill engine and a digestor gas engine at costs not to exceed $150,000 and $85,000 respectively, from the Clean Fuels Fund. Both projects will be heavily leveraged by other sources with total project costs over $1.6 million. (Review: Technology Committee, April 16, 2010)
   
   
   
10. Designate Funds from Interest Earned in Rule 1309.1 Priority Reserve Fund and Execute Contract for Coachella Valley PM10 Clean Streets Management Program
    Chang (909) 396-3186
    (echang@aqmd.gov)
    The Coachella Valley Association of Governments (CVAG) has been responsible for overseeing a PM10 Clean Streets Management Program as part of the Coachella Valley PM10 SIP. CVAG continues to seek long-term funding for this important program, however additional interim funding has been requested to continue the project at current levels. This action is to designate interest earned from the Rule 1309.1 Priority Reserve Fund and, upon mutual agreement, execute a contract with CVAG to assist in funding the Coachella Valley PM10 Clean Streets Management Program at a cost not to exceed $400,000. (Review: Administrative Committee, April 9, 2010)
    
    
    
11. Appropriate Funds from Designation for Litigation and Enforcement and Authorize Amending/Initiating Contracts with Outside Counsel
    Wiese (909) 396-3460
    (kwiese@aqmd.gov)
    AQMD District Counsel is currently being assisted by outside counsel in a dispute with a contractor over the ownership of source codes related to the URBEMIS model. Outside counsel with expertise in intellectual property law continues to assist the AQMD in resolving this dispute. This action is to appropriate $50,000 from the Designation for Litigation and Enforcement to the Legal Budget, Professional and Special Services account, and to authorize the Chairman to amend the contract to expend these funds with Ivie McNeill & Wyatt. (Review: Administrative Committee, April 9, 2010)
    
    
    
12. Approve Contract Modifications and Awards under FYs 2008-09 and 2009-10 AB 2766 Discretionary Fund Work Programs
    Winterbottom
    The MSRC approved a contract modification for A-Z Bus Sales providing additional funds, as well as a new contract award to BusWest, for alternative fuel school buses as part of the FY 2008-09 Work Program. The MSRC also approved correction of a FY 2009-10 Work Program award to the City of Fullerton, to reflect that the CNG station will be new rather than an upgrade. The MSRC seeks AQMD Board approval of these contract awards and modifications under FYs 2008-09 and 2009-10 Work Programs, respectively. (Review: Mobile Source Air Pollution Reduction Review Committee, April 15, 2010)
    
    
    Information Only - Receive and File
    
    
    
13. Legislative & Public Affairs Report
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    This report highlights the March 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.
    
    
14. Report to Legislature and CARB on AQMD's Regulatory Activities for Calendar Year 2009
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    The AQMD is required by law to submit a report to the Legislature on its regulatory activities for the preceding calendar year. The report is to include a summary of each rule and rule amendment adopted by AQMD, number of permits issued, denied, or cancelled, emission offset transactions, draft budget and forecast, and an update on the Clean Fuels program. Also included is the Annual RECLAIM Audit Report, as required by RECLAIM Rule 2015: Backstop Provisions.
    
    
15. Hearing Board Report
    Camarena (909) 396-2500
    (ecamarena@aqmd.gov)
    This reports the action taken by the Hearing Board during the period of March 1 through March 31, 2010.
    
    
16. Civil Filings and Civil Penalties Report
    Wiese (909) 396-3460
    (kwiese@aqmd.gov)
    This reports the monthly penalties from February 1 through February 28, 2010, and legal actions filed by the District Prosecutor during March 1 through March 31, 2010. An Index of District Rules is attached with the penalty report.
    
    
17. 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.
    
    
18. Lead Agency Projects and Environmental Documents Received by AQMD
    Chang (909) 396-3186
    (echang@aqmd.gov)
    This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between March 1, 2010 and March 31, 2010, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, April 16, 2010)
    
    
19. 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.
    
    
20. Items Deferred from Consent Calendar.
    
    
    BOARD CALENDAR
    
    
    
21. Administrative Committee
    Chair: Burke
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
    
    
22. Climate Change Committee
    Chair: Burke
    Whynot (909)396-3104
    (jwhynot@aqmd.gov)
    
    
23. Legislative Committee
    Chair: Carney
    
    The Committee deliberated on agenda items for Board consideration: 
    

    Bill/Title	Recommended Position
    S. 2995 (Carper) National Uniform Multiple Air Pollutant Regulatory Program for the Electric Generating Sector	Support with Amendments
    ACR 109 (Nestande) Roy Wilson Memorial Highway	Support with Enhancements
    AB 2311 (Mendoza) California Global Warming Solutions Act of 2006: transportation fuels: review	Watch
    SB 908 (Wyland) Meal and rest periods: exceptions	Support
    SB 1033 (Wright) California Global Warming Solutions Act of 2006: allowances	Support with Amendments
    SB 1299 (Lowenthal) Vehicles: vehicle miles traveled (VMT)fee	Watch

    
    
    
24. Mobile Source Committee
    Chair: Loveridge
    Chang (909) 396-3186
    (echang@aqmd.gov)
    
    
25. Stationary Source Committee
    Chair: Yates
    Nazemi (909) 396-2662
    (mnazemi1@aqmd.gov)
    
    
26. Technology Committee
    Chair: Gonzales
    Liu (909) 396-2105
    (cliu@aqmd.gov)
    
    
27. Mobile Source Air Pollution Reduction Review Committee
    Board Liaison: Antonovich
    Hogo (909) 396-3184
    (hhogo@aqmd.gov)
    
    
28. California Air Resources Board Monthly Report Board
    Rep: Loveridge
    McDaniel (909) 396-2500
    (smcdaniel@aqmd.gov)
    
    
    PUBLIC HEARINGS
    
    
    
29. Adopt Executive Officer's FY 2010-11 AQMD Budget and Work Program
    Peterson (909) 396-2310
    (dpeterson@aqmd.gov)
    The Executive Officer's Budget for FY 2010-11 represents the input over the past several months from Board members, staff, and the public. This year's process included meetings from the Budget Advisory Committee; a public hearing on February 5, 2010 to receive input on the AQMD's Program Goals and Objectives; and two budget workshops, one for the public held on April 22 and one for the Board held on April 30, 2010. This submittal transmits the required appropriations and reserves necessary to adopt the proposed budget. (Review: Administrative Committee, April 9, 2010)
    
    
30. Amend Regulation III – Fees
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    Proposed amendments to Regulation III - Fees are mostly comprised of administrative amendments and clarifications with no cost impacts and a few minor realignments of some program revenues with costs with resultant minimal or no cost impacts. The proposed amendments would further allow any fee assessed to a major stationary source pursuant to Rule 317 – Clean Air Act Non-Attainment Fees to be credited towards that facility’s certain Regulation III obligations. Staff is also proposing a 2.1% across-the-board CPI increase for FY 2010-11. However, staff is recommending that the Board rebate the CPI increase for the annual operating permit and emission fees for FY 2010-11. (Review: Administrative Committee, April 9, 2010 and Stationary Source Committee, March 19, 2010)
    
    
31. Amend Rule 317 - Clean Air Act Non-Attainment Fees
    (Continued from April 2, 2010 Board Meeting)
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    The public hearing for the proposed amended rule was continued to the May 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)

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 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
   

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:

• 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]

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