SUMMARY 

MINUTES OF THE BOARD OF THE 

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 

SAUNDRA McDANIEL, CLERK OF THE BOARD 

FRIDAY, SEPTEMBER 5, 2014 

Notice having been duly given, the regular meeting of the South Coast Air Quality 

Management District Board was held at District Headquarters, 21865 Copley Drive, 

Diamond Bar, California. Members present: 

William A. Burke ; Ed.D., Chairman 

Speaker of the Assembly Appointee 

Mayor Dennis R. Yates, Vice Chairman 

Cities of San Bernardino County 

Supervisor Michael D. Antonovich (left at 11:00 a.m.) 

County of Los Angeles 

Mayor Pro Tem Ben Benoit (arrived at 9:10 a.m.) 

Cities of Riverside County 

Supervisor John J. Benoit 

County of Riverside 

Councilmember Joe Bu_scaino 

City of Los Angeles 

Councilmember Michael A. Cacciotti 

Cities of Los Angeles County — Eastern Region 

Supervisor Josie Gonzales 

County of San Bernardino 

Dr. Joseph K. Lyou 

Governor's Appointee 

Mayor Judith Mitchell 

Cities of Los Angeles County — Western Region 

Supervisor Shawn Nelson (arrived at 10:15 a.m.) 

County of Orange 

Dr. Clark E. Parker, Sr. 

Senate Rules Committee Appointee 

Mayor Miguel A. Pulido (arrived at 10:25 a.m.) 

Cities of Orange County 
CALL TO ORDER: Chairman Burke called the meeting to order at 9:05 a.m. 

Pledge ofAllegiance: Led by Councilman Buscaino., 

Opening Comments 

Dr. Lvou: ' Reported that he aftended the U.S. EPA West, Coast 

Collaborative Partners meeting in San Francisco on September 4, 2014 where 

he moderated a panel on the topic of Community Efforts to Advance Clean Air 

Policies; and noted that the Collaborative is focused on the reduction of diesel 

exhaust emissions along the west coast of the U.S. - 

Presentation of Retirement Award to Novella Gower. 

Chairman Burke presented a retirement award to Novella Gower, Senior 

Office Assistant in Billing Services, in recognition of 24 years of dedicated District 

service. 

(Mayor Pro Tem Benoit arrived at 9:10 a.m.) r: 

Video Presentation on Air Quality by Environmental Justice Summer Institute 

Students 

Dr. Lyou introduced a group from the Environmental Justice Summer 

Institute where students learned about air quality, environmental and EJ issues 

with the guidance of instructors from local colleges. 

Carla Truax, USC Environmental Health, explained that the Environmental 

Justice Summer Institute program is a-partnership of USC Environmental Health, 

Asian and Pacific Islander Obesity Prevention Alliance, From Lot to Spot, and 

Social Justice Learning Institute. Vanessa, a high school participant in the 

Institute highlighted aspects of the research performed by her fellow students, 

and presented a video that summarized the outcome of their work in the 

program. 

CONSENT CALENDAR 

Approve Minutes of July 11, 2014 Board Meeting 

Set Public Hearing October 3, 2014 to Consider Amendments and/or Adoption 

to SCAQMD Rules and Regulations: 

Adopt Proposed Rule 1153.1 — Emissions of Oxides of Nitrogen from 

Commercial Food Ovens 
-3- 

Budnet/Fiscal Imuact 

3. Execute and Amend Contracts for Hydrogen Fueling Infrastructure, Phase II of 

Hydrogen Network Investment Plan and Low Cost Safety Sensor 

Demonstration 

4. This item was withdrawn by staff. 

5. Recognize Revenue_and Execute and Amend Contracts to Construct Natural 

Gas Fueling Stations 

6. . This item was considered under Other Business. 

7. Issue Program Announcements for Electric Lawn Mower Vendors, Licensed 

Scrappers and Support Service Providers ED 

8. Issue RFP to Measure Emissions from Refineries and Other Sources Utilizing 

Advanced Remote Sensing Technologies, Develop Advanced Fenceline 

Monitoring Systems and Issue RFQ to Procure Wind LIDAR System 

9. Execute Contractforinsurance Brokerage Services 

10. Issue RFP for Legislative Representation in Sacramento, California 

11. Approve Contract Award Approved by MSRC 

12. This item was withdrawn bystaff. 

Actfon Itene/No Fiscal Imnact 

13. Recommendation to Amend Governing Board Meeting Procedures 

Items 14 throuQh 21- Informatfon Onlv/Receive and Ffle 

14. Legislative & Public Affairs Report 

15. Hearing Board Report 

, 

16. Civil Filings and Civil Penalties Report 
-4- 

17. Lead Agency Projects and Environmental Documents Received by SCAQMD 

18. Rule and Control Measure Forecast 

19. FY 2013-14 Contract Activity 

20. Summary of Changes to FY 2013-14 Approved Budget 

21. Status Report on Major Projects for Information Management Scheduled to 

Start During First Six Months of FY 2014-15 

Mayor Mitchell announced her abstention on Item No. 1 because she was 

not present at the July 11, 2014 meeting. Dr. Lyou announced his abstention on 

Item No. 3 because Patagonia and Toyota are potential sources of income to 

him, and on Item No. 5 because Clean Energy and UPS are potential sources of 

income to him. Supervisor Antonovich announced his abstention on Item No. 5 

because Clean Energy is a potential source of income to him. 

Agenda Items No. 8 and No. 13 were withheld for comment. 

MOVED BY CACCIOTTI, SECONDED BY 

YATES, AGENDA ITEMS 1 THROUGH 7, 9 

THROUGH 12 AND 14 THROUGH 21 

APPROVED AS RECOMMENDED, BY THE 

FOLLOWING VOTE: 

AYES: Antonovich (except Item #5), 

J. Benoit, Burke, Buscaino; 

Cacciofti, Gonzales, Lyou (except 

Items #3 & 5), Mitchell (except 

Item #1), Parker, and Yates. 

NOES: None. 

ABSTAIN: Antonovich (Item #5 only), 

Lyou (Items #3 & 5 only), and 

Mitchell (Item #1 only). 

ABSENT: B. Benoit, Nelson and Pulido. 

22. Items Deferred from Consent Calendar 
-5- 

8. Issue RFP to Measure Emissions from Refineries and Other Sources 

Utilizing Advanced Remote Sensing Technologies, Develop Advanced 

Fenceline Monitoring Systems and Issue RFQ to Procure Wind LIDAR 

System 

The following individual addressed the Board on Item No. 8: 

Patty Senecal, Western States Petroleum Association, expressed 

support for the efforts to research, develop and test new technologies that 

will provide refineries with additional information to further reduce 

emissions and promote early leak detection and repair; noted that WSPA 

will continue to work collaboratively with the District to gain a better 

understanding of the potential uses and benefits of the technology; and 

stressed that the emissions measurements be conducted pursuant to 

publically-available protocols and reference methods approved by EPA, 

CARB and SCAQMD. 

Written Comments Submifted bv: 

Jesse Marquez, Coalition for a Safe Environment 

In response to Councilman Cacciotti's inquiry, Dr. Laki Tisopulos, 

Assistant DEO/Science & Technology Advancement, detailed how the 

optical remote sensing technology is expected to collect data from 

reflneries. - 

Chairman Burke and Mayor Yates asled about the potential for 

facilities to challenge the accuracy of the equipment and the subsequent 

results. 

Dr. Wallerstein responded that, as the industry representative 

mentioned, once a new technique has been developed utifizing a standard 

methodology and the results.can be authenticated and reproducible over 

time, any concerns by the industry would likely be alleviated. 

Dr. Tisopulos added that one advantage of emerging technology is 

a simplified calibration process. 

Dr. Parker inquired about which emissions would be monitored and 

if the scope could possibly be expanded for other types of emissions: 

Dr. Tisopulos noted that initially the focus would be to develop 

technology that can accurately measure VOCs and toxics, with the ability 

to possibly measure other emissions as well. 

In response to Dr. Lyou questioning whether similar technology is 

being utilized in Europe, Dr. Tisopulos explained that the RFP consists of 

five projects that involve a variety of different technologies, some of which 

have been utilized in European countries to some extent, but the proposal 
[a 

would seek to expand the use of these technologies and the District's 

capabilities in monitoring emissions from a variety of different sources, 

such as refineries, oil wells, ports and other sources. Dr. Lyou asked if 

the two requests from the Coalition For A Safe Environment letter were 

reasonable and whether staff would be able to fulfill them. Staff 

responded affirmatively. 

In response to Chairman Burke's questioning of an expected 

timeline for the deployment of the technology, Dr. Waiierstein noted that 

the Board's approval of the item will set the development process in 

motion. He recommended that staff report to either the Stationary Source 

or Technology Commiftee every three months to provide an update on the 

research and development process. 

MOVED BY LYOU, SECONDED BY 

CACCIOTTI, AGENDA ITEM 8 

APPROVED, WIT,H THE DIRECTION 

THAT STAFF PROVIDE STATUS 

REPORTS TO THE STATIONARY 

SOURCE COMMITTEE EVERY THREE 

MONTHS, BY THE FOLLOWING 

VOTE: 

AYES: Antonovich, B. Benoit, 

J. Benoit, Burke, 

Buscaino, Cacciotti, 

Gonzales, Lyou, Mitchell, 

Parker and Yates. 

NOES: None. 

ABSENT: Nelson and Pulido. 

13. Recommendation to Amend Governing Board Meeting Procedures 

In response to Councilwoman Mitchell's inquiry about what would 

occur .in the event a change to an agenda item is necessary, 

Dr. Wallerstein noted that the Administrative Committee decided that the 

Board would make the determination of what constitutes an emergency on 

a case-by-case basis, and, if such de,termination of emergency is not 

made, an item requiring changes would be continued to the next Board 

meeting. 

Dr. Lyou proposed language to allow for changes in the event a 

typographical error -is discovered or a change to the draft minutes is 

warranted. 
de 

MOVED BY MITCHELL, SECONDED BY 

PARKER, AGENDA ITEM 13 APPROVED AS 

RECOMMENDED ADOPTING RESOLUTION 

NO. 14-16 AMENDING PROCEDURES FOR 

MEETINGS OF THE SCAQMD BOARD, WITH 

THE ADDITION OF THE LANGUAGE NOTED 

BELOW, BY THE FOLLOWING VOTE: 

AYES: Antonovich, B. Benoit, J. Benoit, 

Burke, Buscaino, Cacciotti, 

Gonzales, Lyou, Mitchell, Parker 

and Yates. 

NOES: None. 

ABSENT: Nelson and Pulido. 

For Sec6ou 30.6 iuclude the followiug bold/uuderGued 

teat: 

°It is the Board's policy that no changes may be made to the text 

ofany item after the Friday of the week prior to the Board 

Meeting unless the change corrects typopraphical errors, 

corrects draft meetinP minutes, orresponds to an emergency. 

The determination of... " 

BOARD CALENDAR 

23. Administrative Committee 

24. Legislative Committee 

25. Mobile Source Committee 

26. Stationary Source Committee 

27. Technology Committee 

28. Mobile Source Air Pollution Reduction Review Committee 

29. California Air Resources Board Monthly Report 
0 

MOVED BY LYOU, SECONDED BY 

J. BENOIT, AGENDA ITEMS 23 THROUGH 

29 APPROVED AS RECOMMENDED, 

RECEIVING AND FILING THE COMMITTEE, 

MSRC AND CARB REPORTS, BY THE 

FOLLOWING VOTE: 

AYES: Antonovich, B. Benoit, J. Benoit, 

Burke, Buscaino, Cacciofti, 

Gonzales, Lyou, Mitchell, Parker, 

and Yates. 

NOES: None. 

ABSENT: Nelson and Pulido. 

Sta1'['PresentationBoard Discussion 

30. Status Report on Regulation XIII - New Source Review 

Mohsen Nazemi, DEO/Engineering and Compliance, gave the staff 

presentation. 

RECEIVED AND FILED; NO ACTION NECESSARY. 

31. SCAQMD Plug-in Electric Vehicle Infrastructure Activities 

Dr. Matt Miyasato, DEO/Science & Technology Advancement, presented 

information regarding the latest developments in EV infrastructure, readiness 

planning, current and upcoming project activities, as well as the,. overall 

challenges being faced in the EV arena. 

Supervisor Benoit addressed the need for incentivizing methods to 

promote residential charging to balance workplace charging activities. 

Dr. Lyou urged the development of a plan that will address the challenges 

with EV charging capabilities, as well as the incentive methods that will best 

senre the overall goal of promoting EV usage and reducing NOx emissions. 

(Supervisor Nelson arrived at 10:15 a.m.). 

Mayor Mitchell noted the ongoing challenges surrounding market 

penetration for EVs; encouraged incentives to promote residential charging; and 

noted that the poor electricity rate structure for nighttime charging is still a 

concern. 
n 

Councilman Cacciofti stressed the importance of maintaining a balance 

between supporting residential, workplace and community charging infrastructure 

to address range anxiety concerns. 

(Mayor Pulido arrived at 10:25 a.m.) 

Mayor Yates expressed concern with the investments that have been 

made into fueling electric vehicles, while the electricity providers still have not 

partnered with those trying to promote these technologies. He added that 

preferably the focus would be on promoting hydrogen and CNG vehicles. 

Supervisor Nelson explained that the EV model is flawed because 

charging at home is too expensive, and employers will soon need-to recoup their 

costs and workplace charging will no longer be free to employees and guests. 

He stressed the need for policies that reflect the economic reality for consumers. 

Dr. Parker commented that increasing costs for utilities including water 

and electricity are making alternatively-fueled vehicles less desirable, and urged 

for an increased support of hydrogen infrastructure. 

The following individuals addressed the Board on Item No. 31: 

Peter Whittingham, NRG Energy, explained NRG's involvement with 

providing electricity throughout the region as well as extensive investments in 

electric vehicle infrastructure, highlighting an initiative known as eVgo that 

provides a solution designed to overcome the challenges of installing EV 

charging infrastructure in multi-family environments, 

Harvey Eder, Public Solar Power Coalition, expressed support for solar 

electric vehicle infrastructure. 

Supervisor Gonzales stressed the importance of having as much 

information as possible to base future decisions upon regarding alternative fuel 

choices and their cost-effectiveness. 

Chairman Burke suggested utilizing an expert, if needed, to provide 

additional analysis of the economic impacts of specific policy/rules in order for 

the Board to liave a better picture of the overall impact of rulemaking. 

Mayor Pulido noted that energy storage will play a large part in solving 

some of the concerns regarding electricity costs and vehicle range. 

Dr. Lyou suggested the formation of a working group or to further utilize 

experts involved with research, with the goal of developing local plans for electric 

vehicle infrastructure that incorporates the projects and challenges that .have 

been addressed. 
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PUBLIC HEARINGS 

32. Amend Rule 1111 - Reduction of NOx Emissions From Natural-Gas-Fired, 

Fan-Type Central Furnaces 

Joe Cassmassi, Planning and Rules Manager, gave the staff presentation. 

(Supervisor Antonovich left at 11:00 a.m.) 

The public hearing was opened and the following individuals addressed 

the Board on Agenda Item 32. 

BOB HELBING, Institute of Heating and Air Conditioning Industries and Air Tro 

Heating and Air Conditioning 

Urged the Board to institute a soft rollout of Rule 1111 to avoid safety 

issues as a result of hastily designed furnaces to be compliant with the rule; and 

noted that the emission reductions that may occur are minimal but will result in a 

cost increase to residents. 

Mr. Cassmassi noted that staff recognized the safety concerns of 

designing new equipment and provided an additional 6-month period for 

compliance, as well as a 300-day sell through period. He added that staff does 

view this as a critical rule in the effort to achieve necessary NOx reductions for 

attainment of the ozone standard and PM2.5 annual standard. 

HARVEY EDER, Public Solar Power Coalition 

Encouraged the use of solar energy as a means for providing heating and 

cooling; and explained that hybrid photovoltaic and thermal systems now offer 

increased efficiency and cost-effectiveness. (Submitted Written Comments) 

There being no further public testimony on this, item, the public hearing 

was closed. 

MOVED BY CACCIOTTI, SECONDED BY 

B. BENOIT, AGENDA ITEM NO. 32 

APPROVED AS RECOMMENDED BY STAFF, 

ADOPTING RESOLUTION NO. 14-17 

CERTIFYING THE FINAL ENVIRONMENTAL 

ASSESSMENT AND AMENDING RULE 1111, 

BY THE FOLLOWING VOTE: 

AYES: B. Benoit, J. Benoit, Burke, 

Buscaino, Cacciotti, Gonzales, 

Lyou, Mitchell, Nelson, Parker, 

Pulidoand Yates. 

NOES: None. 

ABSENT: Antonovich. 
s`e 

33. Amend Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line 

Coating Operations 

Staff waived the oral presentation on Agenda Item 33. 

The public hearing was opened, and there being no requests to speak, the 

public hearing was closed. 

MOVED BY YATES, SECONDED . BY 

CACCIOTTI, AGENDA ITEM NO. 33 

APPROVED AS RECOMMENDED BY STAFF, 

ADOPTING RESOLUTION NO. 14-18 

DETERMINING THAT THE PROPOSED 

AMENDMENTS TO RULE 1151 ARE EXEMPT 

FROM THE REQUIREMENTS OF CEQA AND 

AMENDING RULE 1151, BY THE 

FOLLOWING VOTE: 

AYES: B. Benoit, J. Benoit, Burke, 

Buscaino, , Cacciotti, Gonzales, 

Lyou,: Mitchell, Nelson, Parker, 

Pulido and Yates. 

NOES: None. 

ABSENT: Antonovich. 

OTHER BUSINESS 

34. Approve Truck Projects under "Year 4" Proposition 1 B-Goods Movement 

Program 

. Dr. Miyasato described the background and recommended action for 

Item 34. 

MOVED BY LYOU, SECONDED BY 

CACCIOTTI, AGENDA ITEM NO. 34 

APPROVED AS RECOMMENDED BY STAFF, 

BY THE FOLLOWING VOTE: 

AYES: B. Benoit, J. Benoit, Burke, 

Buscaino ;Cacciotti, Gonzales, 

Lyou, Mitchell, Nelson, Parker, 

Pulido and Yates. 

NOES: None. 

ABSENT: Antonovich 
_12- 

PUBLIC COMMENT PERIOD —(Public Comment on Non-Agenda items, Pursuant to 

Government Code Section 54954.3) . 

Rita Loof, Radtech International, expressed support for the comments 

made by Chairman Burke regarding utilizing a consultant to analyze the 

economic impacts of policies prior to their implementation. 

Peter Herzog also expressed support for the Chairman's suggestion in an 

effort to get a better picture of potential job loss and other economic ramifications 

as a result of rule irriplerimentation. 

Harvey Eder, Public Solar Power Coalition, noted that AB 2145 was 

recently defeated with the help of the coalition Citizens for Energy Choice, which 

would have threatened community choice energy aggregation; and urged the 

Board to invest in solar renewables in the Basin. 

u 

Supervisor Gonzales addressed the truck trip count issue that was raised 

at the June 6, 2014 Board meeting, and recommended, along with Supervisor 

Nelson, that an RFP be issued for a contract with a qualified, independent thirdparty to conduct a truck trip study, with, the design and results being peer 

reviewed and overseen by the Institute of Traffic Engineers for subsequent 

consideration and incorporation into their handbook. 

-oCLOSED SESSION 

The Board recessed to closed session at 11:30 a.m., pursuant to Government Code 

sections; 

• 54956.9(a) and 54956.9(d)(1) to confer with its counsel regarding pending 

litigation which has been initiated formally and to which the District is a party, as 

follows: 

People of the State of California, ex rel SCAQMD v. Exide Technologies, Inc., 

Los Angeles Superior Court_Case No. BC533528; 

In the Matter of SCAQMD v. Exide Technolopies, Inc., SCAQMD Hearing Board 

Case No. 3151-29 (Order for Abatement); 

Exide Technoloaies,. lnc., Petition for Variance, SCAQMD Hearing Board Case 

No. 3151-31; 

In re: Exide Technologies, Inc., U.S. Bankruptcy Court for the District of 

Delaware, Case No. 13-11482 (KJC) (Bankruptcy case); 
13- 

WildEarth Guardians, et al. v. U.S. Environmental Protection Agencv , U.S. 

District Court for the District of Columbia Circuit; Case No. 14-1145 (request to 

intervene). , 

• 54956.9(a) and 54956.9(d)(4) to consider initiation of litigation (one case) and 

pursuant to Government Code section 54956.9(b) due to significant exposure to 

litigation (one case). 

• 54956.8 to discuss real property negotiations, as follows: 

Property: 21825 Copley Drive, Diamond Bar, CA 91765 

Agency Negotiator: William Johnson 

Negotiating Parties: KB Homes 

Under negotiation: Term of payment and price for lease of property. 

Following Closed Session, Chief Deputy Counsel Barbara Baird announced that 

a report of any reportable actions taken in closed session will be filed with the Clerk of 

the Board and made available upon request. 

ADJOURNMENT 

There being no further business, the meeting was adjourned by Barbara Baird at 

12:30 p:m. 

The foregoing is a true statement of the proceedings held by the South Coast Air 

Quality Management District Board on September 5, 2014. 

Respectfully Submitted, 

Denise Garzaro 

Senior Deputy Clerk 

Date Minutes Approved: O C--A"'p ~— :S , Wl q 
T 

5C!' 

ACRONYMS 

CARB = Califomia Air Resources Board 

CEC = California Energy Commission 

CNG = Compressed Naturai Gas 

EJ = Environmental Justice 

EV = Electric Vehicle 

FY = Fiscal Year 

MSRC = Mobile Source (Air Pollution Reduction) Review Committee 

NO, = Oxides of Nftrogen 

OEM = Original Equipment Manufacturer 

PAR = Proposed Amended Rule 

PEV = Plug-in Electric Vehicle 

PMz . S = Particulate Matter < 2.5 microns 

PM,p = Particulate Matter < 10 microns 

RFP = Request for Proposals 

RFQ = Request for Quotations 

U.S. EPA = United States Environmental Protection Agency