### GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT RULE 701 – AIR POLLUTION EPISODE PLAN FOR PARTICULATE MATTER ADOPTED MARCH 3, 2014

ENCLOSURE 8 Adopted March 3, 2014 Governing Board Meeting MinutesGREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT GOVERNING BOARD MINUTES 

### March 3, 2014 (All Meetings Are Mechanically Recorded) 

### The GreatBasin Unified Air Pollution Control District GoverningBoard ofthe Counties ofAlpine, Inyo and Mono, State ofCalifornia met at 10:30 am on March 3, 2014 at the Mammoth Lakes Fire Department, 3150 Main Street, Second Floor, Mammoth Lakes, California 93546.
The following Board members were present: Board Chair John Eastman, Town ofMammoth Lakes; Board Vice Chair Ron Hames, Alpine County; Board member Mary Rawson, Alpine County; Board member ByngHunt, Mono County; and Board member Larry Johnston, Mono County. Board members Matt Kingsley and Linda Arcularius, Inyo County, were absent. GBUAPCD staffpresent: Ted Schade, Air Pollution Control Officer; Duane Ono, Deputy Air Pollution Control Officer; Shirley Ono, Administrative Projects Manager; Grace Holder, Lead Scientist; Chris Lanane, Air Monitoring Specialist; Phill Kiddoo, Senior Research and Systems Analyst; Mike Slates, Research and Systems Analyst II; and Tori DeHaven, Board Clerk. Members ofthe public included: Kathy Bancroft and Pam Kennedy, Lone Pine Paiute-Shoshone Reservation; Milad Taghavi and David Edwards, City ofLosAngeles Department ofWater and Power; Paul Lamas, Rio Tinto Minerals; and Jacklyn Velasquez, Big Pine Paiute Tribe. Agenda Item#1 Call to Order Pledge of Allegiance
Agenda Item #2 Election of Governing Board Chair and ViceChair for 2014 

### Board Chair Eastman called to order the regular meeting ofthe Governing Board at 10:34 am. Board member Rawson then led the Pledge ofAllegiance. Motion (Johnston/Hunt) electing Board member Ron Hames as Board Chair for 2014. Ayes: Johnston, Hunt, Eastman, Rawson, Hames Noes: 0 Abstain: 0 Absent: Kingsley, Arcularius 

### Motion carried 5/0 and so ordered. Motion (Johnston/Eastman) electing Board member Matt Kingsley as Board Vice Chair for 2014. Ayes: Johnston, Hunt, Eastman, Rmvson, Hames Noes: 0 Abstain: 0 Absent: Kingsley, Arcularius 

### Motion carried 5/0 and so ordered.

March 3, 2014 Regular Board Meeting Page 1 of 11Agenda Item#3 Public Comment on Matters not on the Agenda (No action) · 

### B/0 140303-03

Mr. Milad Taghavi, City ofLos Angeles DWP, introduced himselfto the Board and indicated that he is replacing Mr. Bill VanWagoner. Mr. Taghavi referred to the February 28, 2014letter (as distributed to the Board) which explains LADWP's desire to move 63 acres ofdust control area from the Owens Lake Mitigation ProjectPhase 7ato Phase 7b. Mr. Taghavi indicated thatLADWP has received requests for this action by the Lone Pine Paiute Shoshone Reservation, Native American Heritage Commission, California State Historic Preservation Office, California StateLands Commission, United States Department ofthe Interior, and the Bureau ofLandManagement. LADWP recognizes that this action would require a stipulated modification to District Board Order 130819-01. LADWP is requesting thatthey receive confirmation from the Board today that this request will be considered bythe Boardprior to the May 2014 meeting. (the letter

### will be attachedto the officialrecordandmade available upon request to the Clerk of the Board)
Ms. Kathy Bancroft, Lone Pine Paiute Shoshone Reservation, read a letter (dated March 3, 2014) from Ms. Mary Wuester, Tribal Chairperson, indicating that the LPPSRrequests that the Board conduct a special meeting by March 17, 2014 to place the area in question into Phase 7b in orderto facilitate

.discussions by the Cultural Resources Task Force. (the letterwill be attachedto the official record andmade available upon request to the Clerk of the Board) She also explained that the Fort Independence Tribe, although not represented today, is making the same request and would be sending a letter to the District.
Ms. Jacklyn Velasquez, BigPine PaiuteTribe, indicated that the tribe is in the process ofpreparing a writtenresponse in support ofACPO Schade's February 27, 2014 letter which recommended thatthe Cultural Resource Task Force considerthe additional Phase 7b area. The Big Pine Tribe is also requesting that a meeting be held by the GoverningBoard priorto May ifpossible.
It was noted by APCO Schade that any meetingregardingthis issue would require at least a 30-daypublic notice, because it would be an amendmentto a stipulated abatement order, which would put it close to May anyway. He also said that there is no reason why the Cultural Resource Task Force can't start discussing the fate of this area prior to officially moving it. LADWP explained that their contractual obligations required thatthe meeting be held as soon as possible in order to avoid any more delays in the project.
Board member Eastman explained that regardless a date could not be set now as this item was not agendized as an action item.

March 3, 2014 Regular Board Meeting Page 2 of 11Agenda Item #4 PUBLIC HEARING Approval of Redesignation Request and PMlO Air Quality Maintenance Plan for the Town of Mammoth Lakes; Approve Revisions to DistrictRule 431

- "Particulate Emissions" to Ensure Maintenance of Air Quality Improvements in the Town of Mammoth Lakes Agenda Item #5 PUBLIC HEARING StaffReport and Public Comments on the Draft District and SB 270 sub-budgets (No action- First oftwo required budgethearings)

Agenda Item #7 Award Contracts for the Provision ofStraw Bales and for Plant Propagation Associated with the Keeler Dunes Dust Control Project; Authorize the Air Pollution APCO Schade gave a briefintroduction and indicated that the US EPA had asked for more time to comment on this item. · Board Chair Hames opened the public hearing at 10:59 am and asked for public comment.
No public comment was offered.
Board Chair Hames continued this item to the next Governing Board meeting following re-noticing ofthe public notice, 30 days in advance.

Board Chair Hames opened the public hearing at 11 :00 am. APCO Schade introduced the proposed draftbudgets and noted that this was the first oftwo required budget hearings. He also explained that both the District and SB 270 budgets are down from previous years. Board Chair Hames asked for public comment at 11 :03 am.
Mr. Tegbavi noted thathe would like to comment on agenda item number 8 and asked ifnow would be the appropriate time as it concerned the payoffofthe CalPERS Retirement "side-fund" which correlates to the SB 270 budget.
APCO Schade recommended that item 

### 8 not be discussed within this item as the Board's decision on item 8will dictate howthe final budget looks and is approved in May.
No additional public comment was provided.
Board ChairHames closed the public hearing at 11:05 am.
Becausethe public hearing for agenda item 6 wasn't scheduled to begin until 11:30
am it was decided that the Board would discuss item 7 prior to openingthe public hearing for item 6.
Dr. Grace Holder, GBUAPCD, noted that she had three things to discuss: budget update, award ofcontracts for bales and plants, authorize APCO to approve payments for the permits and leases. Alternatives have been added to the Environmental ImpactReport/Environmental Assessment (EIR/EA) and are being prepared by Sapphos Environmental. TheEIR and EA will be out for public review

March 3, 2014 Regular Board Meeting Page 3 of 11Control Officer to MakePayments to Government Agencies for Permit/Lease ProcessingFees; Keeler Dust Control Project Update 

### sometime toward the end ofMarch which will open up the 45-day public comment period. AMEC was hired perthe last Board meeting and are working diligently on trying to get the materials together for the construction ofthe project. The bid package should be out sometime at the end ofApril. Thebids will be due the end ofMay. Hopefully contracts will be approved and out sometime in July. Construction should start end ofAugust with implementation ofthe project at the end ofDecember 2014. Staffis requesting that the Board authorize APCO Schade to approve payment ofthe fees associated with the permits and leases necessary for the project in order to facilitate the permitting and lease process and not slow down implementation ofthe Keeler Project. Some discussion between staffand the Board occurred regarding the logistics of watering the plants as well as some ofthe specifications ofthebids.
Mr. Edwards asked ifthe District would be mitigating both 

### PM2.s and PMto with this project. DAPCO Ono responded that both the fine and coarse dust would be controlled. Motion (Hunt/Johnston) awarding contracts for the provision ofstraw bales and for pl

antpr opagati on associated with the KeelerDunes Dust Contr olProject as follows: 1) TheDistrict Governing Board approves a contract with the Antelope Valley Resource Conservation Districtfrom Lancaster, California for the propagation of369,555 native shrubs for the Keeler Project for an amount not to exceed $604,221

.75 and that ifthe contract is not complete by the time ofthe Board meeting thattheDistrictBoard authorizes the APCO to approve the contract with Antelope Valley Resource Conservation District from Lancaster, California for the propagation of369,555 native shrubs for the Keeler Project for an amount not to exceed $604,221.75. 2) The District Governing Board approves a contract with Chase-ing Balers ofEsparto, California for the supply and delivery of 104,000 certified weed free straw bales for the Keeler Project for an amount not to exceed $544,000.00. Ifthe contract is not complete by the March 3, 2014 Board Meeting thatthe District Governing Board authorizes the APCO to approve a contractwith Chase-ing Balers ofEsparto, Californiafor the supply and delivery of 104,000 certified weed free straw bales for the Keeler Project for an amount not to exceed $544,000

.00. 3) The District Governing Board approves a contract with R.S. Green Construction Specialties ofWillows, California, for the supply and delivery of20,000 certified weed free straw bales for the Keeler Project for an amount notto exceed $177,000.00. Ifthe contract is not complete by the March 3, 2014 Board Meeting that the District Governing Board authorizes the APCO to approve a contract with R.S. Green Construction Specialties of Willows, California for the supply and delivery of20,000 certified weed free straw bales for the Keeler Projectfor an amount not to exceed $177,000.00. 4) The Governing Board authorizes the Air Pollution Control Officer to approve fees associated with completing the permits and lease required for the KeelerProject. Ayes: Johnston, Hunt, Eastman, Rmvson, Hames Noes: 0 Abstain: 0

March 3, 2014 Regular Board Meeting Page 4 of 11Agenda Item #8 Approve Payoff ofCalPERS Retirement "Sidefund" Employer Liability with Monies from District and SB 270 Reserves Absent: Kingsley, Arcularius Motion Carried 5/0 and so ordered. B/0 140303-07 APCO Schade briefed the Board onthe "side fund" and how it works. He noted that there are about eight years ofpayments left to be made and it would be wise to pay it off as soon as possible in order to stop paying the 7.5% interest. Paying offthe side-fund will reduce retirement costs immediately and over time.
Board memberRawson mentionedthatperhaps it wouldbebetterto pay offthe sidefund using District budget funds ratherthan SB 270 funds.
APCO Schade explained that the annual payments are made from both budgets in proportion to the percentage that each employee's salary and benefits are paid from the District and SB 270 budgets.
Mr. Taghavi distributed a copy of a board report from a previous Board meeting 

### (March 26, 2012) regarding the District's reserve policy. Mr. Taghavi highlighted points in the board report that he believed demonstrated staffs contradiction ofthe policy by using SB 270 reserve funds to pay offthe side-fund. 

### (the report was given to the Board and attached to the record) He then indicat'ed that the LADWP is requesting a reduction in the 2014-2015 fee order due to the exceedance in reserves, in accordance with the re.serve policy. Mr. Taghavi also explained ·that the "retirement folks" at the LADWP have reviewed the proposed savings as explained in the Board Packet and they disagreed with the numbers. He asked that the portion utilizing SB 270 reserve funds to pay offthe side-fund, not be approved.
APCO Schade replied that it is his responsibility, as a public servant, to spend the public's money efficiently. Ifthe side fund is not paid offnow, on the SB 270 side, the LADWP ratepayers will continue to pay the 7.5% interest annually for the next eight years. He added that it would be financially prudent to save the ratepayers money by paying it offnow. Ms. Shirley Ono, GBUAPCD Administrative Projects Manager, noted that paying offthe side-fund now would save the LADWP almost $200,000.
Mr. Edwards explained that the LADWP wants the best thing for the ratepayers however, they disagree thatthere would be a cost savings. He indicated that it might be more appropriate as an assessmentratherthan violatetheDistrict'sreservepolicy. He suggested thatthistopicbe continued to thenextBoardmeetingto allowLADWP time to prepare a presentation from "a numbers perspective" to explain where they
are coming from. Board memberJohnston noted thatthe County ofMono did something similar about
a year and a halfago which turned outto be one ofthe smartestthing they ever did. Hethen asked whyLADWP wouldwantto continuepayingthe 7.5% interest ifthere is the money to pay 

### it offnow.

March 3, 2014 Regular Board Meeting Page 5 of II

# . . Agenda Item #6 PUBLIC HEARING Adoption ofRule 701 "Air Pollution Episode Plan for Particulate Matter" in Order to Comply with Clean Air Act Requirements to AdoptEmergency Episode Plans in Areas Experiencing ElevatedLevels ofParticulate Matter Air Pollution Discussion continued between staff, LADWP representatives and the Board. APCO Schaderevised his recommendation and asked thattheBoard considerpaying offthe District portion ofthe side-fund. He also recommended that the Board to approve paying offthe SB 270 portion only at the future request ofthe LADWP.
Motion (Eastman/Hunt) authorizing that $113,119 

### Cone hundred thirteen thousand
one hundrednineteen dollars) from District (n.on-SB 270) reserve funds be used to make a lump sum payment1o the CalPERS Retirement Side Fund employer liability bv April 30.20 14; andthattheAirPollution ControlOfficer be authori zed lo execute any and all documentationnecessary. Ayes: Johnston, Hunt, Eastman, Rawson, Hames Noes: 0 Abstain: 0 Absent: Kingsley, Arcularius Motion carried 5/0 and so ordered.

B.oard Chai,r Hames opened the

**pub~ic** hearing at 12:03 pm. B/0 140303-08

Mr. PJlill Kiddoo, GBUAPCD's Senior Research and Systems Analyst,gave a brief summary oftheboard report and what it would meanto haveRule 701 adopted. He noted that, ifthe rule is adopted, Great Basin residents wouldhave one ofthe most
. technologically advanced health alert systems in the country. As indicated in his board report, 

### Mr. Kiddoo explained that Rule 701 expands pollutant episode notification criteria-beyond PM10 to include notifications for PM2

.s. As an additional protective public health measure, wildfire smoke episode trigger levels for PM10 willbe incorporated into the notification system
. Board memberRawson expressed her appreciation for the various notification systems throughoutthe state. APCO Schade noted that in addition to fax and email, a text alert will also be available soon. Board memberHamesthen noted thatthe system might be a problem in Alpine County as they do nothave internet or cell phone services.
Mr. Kiddoo replied that at this time the District does not have any PMmonitors full time in Alpine County, but ifin the future monitors were installed they would have internet and cell phone connections. APCO Schade explained that the impact ofthe rule. Although theDistricthas been utilizing a notification voluntarily for years, the EPA and state ofCalifornia have asked staffto formalize the process. NotiJJcations are not required to be sent out. This rule doesn't control any air pollution, but it will hopefully impact the actions

March 3, 2014 Regular Board Meeting Page 6 of 11ofpeople being subjected to air pollution. The District also coordinates with the public health officers ofeach county in order to keep them better informed about how to protect the safety ofthe public.
The Clerk distributed a letter to the Board from Mr. Martin Adams, LADWP, dated March 3, 2014, (the letter was also attachedto the official record) detailing LADWP's concerns regarding the adoption ofproposedRule 701: Air Pollution Episode Plan for Particulate Matter. Their concerns, as listed in the letter, were read by Mr. Taghavi and were as follows: 1. The Clean air Act and CaliforniaInfrastructure State Implementation Plan do notrequire the District to adopt Rule 701. 2. TheDistrict cannot utilize Rule 701 to impose control requirements upon LADWP. 3. Rule 701 far

**~xceeds** US EPA recommendations. 4. Rule 701 relies upon excessive and faulty network monitoring system and plan. 5. LADWP is not responsible for funding Rule 701 implementation. 6. LADWP is not responsible for Keeler Dune emissions. LADWP also requested thatthe Board not adopt Rule 701 as proposed by staffso that the District and LADVIP mayhave an opportunity to meet and discuss the details ofthe rule. They also noted that they had issue with section 9a in the text of the proposed rule: 9. AbatementActions 

### a. "TheAPCOshall investigate the nature of theproblem and determine if abatement actions couldbe taken to reduce thepollution levels. " LADWP representatives also felt it important for the Board to waitto adopt the rule as both Inyo County Board members were absent from the meeting.
Board member Johnston noted that this is a constant pattern by LADWP: bringing in information last minute. He noted that it's a matter ofprotecting the public and that the District seemed to be moving in the right direction.
Ms. Jacklyn Velasquez, Big Pine Paiute Tribe, expres.sed her support ofthe adoption ofRule 701. She noted that she relies on the notifications and technology used by the District to inform her community ofair pollution events. Discussion between staff, LADWP and the Board continued. LADWP encouraged the Board to continue the hearing due to the absence ofthe Inyo County representatives. Board Chair Hames notedthat a quorum was present. Staff encouraged the Board to move forward with the adoption.
The public hearing was closed at 12:50 pm. 

### Motion (Rawson/Eastman) to continue the public hearing to consider adopting Rule 701 to the next regular meeting ofthe Governing Board.

March 3, 20!4 Regular Board Meeting Page 7 of 11Agenda Item #9 ConsentItems

Agenda Item#10 Information Items (No action) Ayes: Eastman, Rawson Noes: Johnston, Hunt, Hames Abstain: 0 Absent: Kingsley, Arcularius 

### Motion failed 2/3. Motion (Hunt/Johnston) adoptingRule 701- Air Pollution Episode Plan for Particulate Matter as proposed. Ayes: Johnston, Hunt, Eastman, Hames Noes: Rawson Abstain: 0 Absent: Kingsley, Arcularius 

### Motion carried 4/1 and so ordered. Board memberHames called for a break at 12:55 pm. The.meetingresumed at 1:11 pm. B/0 

### 140303-02

Motion (Johnston/Eastman) approving consent items a through gasfoll

. ows:
a. Approval ofDecember 11, 2013 Governing Board meeting minutes. b. Approve two contract revisions totaling $200,072.67 with Sapphos Environmental for archaeological consulting services related to the Owens Lake Cultural Resources Task Force ($73,591.72) and Keeler Dunes environmental impact documentpreparation · ($126,481.95).
c. Approve 2014 District rule adoption/revision schedule as required by CaliforniaHealth and Safety Code section 40923. d. Waiver ofDistrict Rule 1102 annual $0.55 per capitatown and counties assessment fee for fiscal year 2014-2015.
e. Designation and disposal ofsurplus equipment. f Approve a letter ofagreementwith the San Joaquin Valley APCD to participate in the Carl Moyer Air Quality Standards AttainmentProgram, accept program funds and agree to follow the requirements ofthe program g. Approvepurchase oftwo continuous particulate matter monitors from Thermo Environmental, a sole-source provider, for $103,520 Ayes: Johnston, Hunt, Eastman, Rawson, Hames Noes: 0 Abstain: 0 Absent: Kingsley, Arcularius 

### Motion carried 5/0 and so ordered. B/0 

### 140303-09


### Itwas noted by various Board members that their respective county's counsel looked into the January 1, 2014 requirements for the Brown Act pertaining to legislative bodies having to reportpublicaUy any action taken in any meeting and the vote or abstention on that action ofeach member present. Itwas determined as

March 3, 2014 Regular Board Meeting Page 8 ofllAgenda Item #11 Board Member Reports (No action)

Agenda Item #12 Air Pollution Control Officer's Report (No action)

Agcnd:1 Ttem #13 SetDale and Location ofNext Regul ar Meeting (Mny, Usually in Mono County) long as the minutes reflect who voted and how they voted, a roll call was not necessary. Staffindicated that they would confirm with Inyo County counsel.

Board memberRawson noted that she had several inquiries regarding the woodstove replacement program she spokewith APCO Schade and he told her that it would be discussed futiher at the May meeting. Board Chair Hames stated that he pmticipated in the negotiations with the LADWP and felt that they had many successful conversations.

APCO Schade gave the following updates:

• District staffis very pleased that DWP is underway with their Phase 7a

project. DWP has contracted with Barnard Construction. The company has much experience on the lakebed.
• As mentioned by Board ChairHamesthe negotiations with LADWP have

been successful and all the items associated with fees have been settled.
• In accordance with the terms ofthe settlement, the LADWP paid a Public

BenefitPayment on February 28, 2014 in the amount of$1.35million to be used for air quality benefit projects in the counties. The Board will be asked to decide how the money will be spent at the May meeting.
• Entered into a Stipulated Judgmentin Kern County Superior Comiwherethe

LADWP has agreed that they areresponsible for the District's attorney fees to enforce SB 270 matters; they agree that it's reasonable for the District to have
a reserve fund; they agree to pay the general cost ofgovernment associated with the District's activities; they agree thatthe District's straw bale test is a legitimate cost under SB 270; they agr ee to always pay the annual fee first before they appeal unless the fee is outrageous per say which is defined as $10 million; ifthey don't pay on time they agr eeto a stipulated penal ty of$5,000 per day as long as they are given at least f01ty days to pay the fee· in addition, LADWP dropped four ofthe five pending appeals before CARB; currently the two agencies have one unresolved appeal and one unresolved lawsuit.

The next negotiation meeting is scheduled for March 20, 2014 to discuss and hopefully resolve the control issues.

The next regular meeting ofthe District Governing Board will convene at 10:30 am
on May 5 2014 in Bridgeport, California. TheDistrict's Clerk ofthe Board will find and reserve a handicap accessible meeting room and contact the DistrictBoard members as to its location.

March 3, 2014 Regular Board Meeting Page 9 ofIIAgenda Items #14-17 CLOSED SESSION 

### The Board convened into closed session at 1:25 pm. (14) CLOSED SESSION- The Board will recess into closed session for a conference with legal counsel regarding existing litigation in the following matters: City ofLos Angeles, City ofLos Angeles Department ofWater and Power v. CaliforniaAirResources Board, Executive Officer ofthe California Air Resources Board and Great Basin Unified Air Pollution Control District; Sacramento County SuperiorCourt, Case No. 34-2013-80001451-CU-WMGDS; pursuantto subdivision (a) ofSection 54956.9 ofthe California Government Code. ThePeople ofthe State ofCalifornia and Great Basin Unified Air Pollution Control District v. City ofLos Angeles, DepartmentofWater and Power ofthe City ofLos Angeles, Board ofWater and Power Conunissioners ofthe City of Los Angeles, Los Angeles City Council; Kern County Superior Court, Case No. S-1500-CV-277962-SPC; pursuantto subdivision (a) ofSection 54956.9 ofthe CaliforniaGovernment Code. 

### (15) CLOSED SESSION- Evaluation ofperformance- Section 54957 ofthe California Government Code. Employee being evaluated: Air Pollution Control Officer. (16) CLOSED SESSION- Conference with labor negotiators- Section 54957.6 ofthe California Government Code: Changes regarding the salaries, salary schedules or compensation paid in the form offringe benefits. Employee groups: ManagementEmployees and Non-ManagementEmployees. Bqarddesignated representative: Air Pollution Control Officer. (17) CLOSED SESSION- Conference with labor negotiators- Section 54957.6 ofthe California Government Code: Changes regarding the salaries, salary schedules or compensation paid in the form offringe benefits. Employee: Air Pollution Control Officer. Board designated representative: Board subcommittee.
The Boardreconvened into open session at 2:36pm with nothing to report.

March 3, 2014 RegularBoard Meeting Page lOofllAdjournment The meeting was adjourned at 2:37pm. The Board will reconvene in open session at 10:30, on Monday, May 5, 2014 in Bridgeport, California.

Attest:

·-..,!.

. (' " ./(:<. 

### L,__ 4;.**'(c/\1:..~-.** -c-:--== Tori DeHaven, Board Clerk

March 3, 2014 Regular Board Meeting Page 11 of II 

### Ron H ames, .Board 

### Chair