Revised 5/13 - May 2019 Board Meeting Agenda
May 23, 2019, Board Meeting
California Environmental Protection Agency
1001 I Street, Sacramento, California 95814
Byron Sher Auditorium, 2nd Floor
This meeting will also be webcast.
Submit written comments
Not all agenda items are available for electronic submittals of written comments.
Thursday, May 23, 2019 @ 9:00 a.m.
Discussion Items
The following agenda items may be heard in a different order at the Board meeting.
19-5-1: Public Hearing to Consider Proposed Amendments to the California Air Resources Board’s Certified Regulatory Program in the California Code of Regulations, Title 17, Sections 60000-60007
The California Air Resources Board (CARB or Board) will consider proposed amendments to CARB's Certified Regulatory Program in the California Code of Regulations, Title 17, Sections 60000 - 60007. The objectives of the proposed amendments are to more fully set forth the procedures CARB follows to align CARB's procedures with established California Environmental Quality Act principles as appropriate, to harmonize the regulation to the statutory requirements, to eliminate regulatory ambiguity, to add greater specificity to CARB's environmental review process, and to update reference citations.
More Information Staff Presentation
19-5-2: Public Meeting to Consider Proposed Updates to the Architectural Coatings Suggested Control Measure
The Board will consider proposed updates to the Suggested Control Measure (SCM) for Architectural Coatings. The proposed updates to the SCM would reduce volatile organic compound (VOC) limits for several coating categories, create two new coatings categories, and set limits for colorants (tints) added to architectural coatings at the point of sale. The updated SCM would serve as a model rule and assist air districts in their efforts to further reduce VOC emissions to meet ambient air quality standards for ozone.
More Information Staff Presentation
19-5-4: Public Meeting to Consider Proposed Community Air Protection Funds 2019 Guidelines
The Board will consider approving the proposed Community Air Protection Incentive Funds 2019 Guidelines (Guidelines). These Guidelines would provide the framework for local Air Pollution Control and Air Quality Management Districts to implement new stationary source incentives in support of Assembly Bill 617, as well as community-identified projects. The proposed Guidelines also include two new project categories: incentives for the installation of emissions control technologies at hexavalent chrome plating facilities and a facility-wide measure for schools.
More Information Staff Presentation
19-5-5: Public Meeting to Hear an Informational Update on Active Transportation: Designing Communities for Health
The Board will hear how community designs that promote active transportation (biking and walking) and transit can result in multiple health benefits for Californians. Replacing short trips taken by cars with active transportation represents a double win: improving health and reducing greenhouse gas emissions. The Board will also learn about the tools and studies funded by CARB to better understand and quantify the health benefits from active transportation.
More Information Staff Presentation
Closed Session
The Board may hold a closed session, as authorized by Government Code section 11126(e), to confer with, and receive advice from, its legal counsel regarding the following pending or potential litigation, and as authorized by Government Code section 11126(a):
American Fuel and Petrochemical Manufacturers, et al. v. Jane O’Keeffe, et al., U.S. District Court (D. Ore. Portland), Case No. 3:15-CV-00467; Plaintiffs’ appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 15-35834; Plaintiffs’ petitions for Certiorari in United States Supreme Court, Case No. 18-881.
California Air Resources Board v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 18-1085.
Mexichem Fluor, Inc. v. U.S. EPA, (D.C. Cir. 2017) 866 F. 3d 451 (U.S. Court of Appeals, District of Columbia Circuit, Case Nos. 15-1328 and 15-1329).
Rocky Mountain Farmers Union, et al. v. Corey, U.S. District Court (E.D. Cal. Fresno),Case No. 1:09−CV−02234−LJO−DLB; ARB interlocutory appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 12-15131.
American Fuels and Petrochemical Manufacturers, et al. v. Corey, et al., U.S. District Court (E.D. Cal. Fresno), Case No. 1:10-CV-00163-AWI-GSA; ARB’s interlocutory appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 10-CV-00163.
Sowinski v. California Air Resources Board, et al., United States District Court for the Central District of California, No. 8:15-cv-02123.
State of California, et al. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 18-1114.
State of California, et al., v. United States Environmental Protection Agency, United States District Court, Northern District of California, Case No. 4:18-cv-03237.
State of California, et al. v. Ryan Zinke, et al., United States District Court, Northern District of California, Case No. 3:18-cv-5712-DMR.
State of New York, et al. v. United States Environmental Protection Agency, U.S. District Court, District of Columbia, Case No. 1:18-cv-00773.
State of California, et al. v. United States Environmental Protection Agency et al., U.S. District Court, Northern District of California, Oakland Division, Case No. 4:17-cv-6936-HSG.
State of North Dakota, et al. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 16-1242.
State of North Dakota v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1381.
State of West Virginia et al. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1363.
State of Wyoming, et al. v. United States Department of the Interior, et al., U.S. District Court, District of Wyoming, Case No. 16-CV-285-SWS.
Truck Trailer Manufacturers Association, Inc. v. United States Environmental Protection Agency, et al., U.S. Court of Appeals, District of Columbia Circuit, Case No. 16-1430.
Alliance for California Business v. California State Transportation Agency, et al., Sacramento County Superior Court, Case No. 34-2016-80002491.
American Coatings Association, Inc. v. State of California and California Air Resources Board, Sacramento County Superior Court, Case No. 04CS01707.
Dalton Trucking, Inc. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 13-1283 (dismissed), U.S. Court of Appeals, Ninth Circuit, Case No. 13-74019.
John R. Lawson Rock & Oil, Inc. et al. v. California Air Resources Board et al., Fresno County Superior Court, Case No. 14-CECG01494; ARB’s appeal, Court of Appeal, Fifth District, Case No. F074003.
John R. Lawson Rock & Oil, Inc. v. California Air Resources Board, and Richard Corey, Superior Court of California, County of Fresno, Central Division, Case No. 19CEGG00331.
Murray Energy Corporation v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1385.
Valero Refining Co. California v. Hearing Board of the Bay Area Air Quality Management District et al., Court of Appeal, First Appellate District, Case No. A151004.
Air Resources Board v. Key Disposal, Inc. and John Katangian, Los Angeles Superior Court, Case No. BC650014.
People v. Southern California Gas Company, Los Angeles Superior Court, Case No. BC 602973.
Air Resources Board v. Fiat Chrysler Automobiles N.V. and FCA US LLC, U.S. District Court, Northern District of California, Case No. 3:17-md-02777-EMC, 3:17-cv-3446-EMC, 3:19-cv-00151-EMC.
People v. Walgreens Co., Sacramento County, Case No. 34-2018-00244759.
In re Pacific Gas and Electric Company, U.S. Bankruptcy Court, Northern District of California, Case No. 19-30089.
California Air Resources Board vs. Cascade Sierra, Sacramento Superior Court, Case No. 34-2017-00223510.
Friends of Oceano Dunes, Inc. v. California Coastal Commission, et al., San Luis Obispo County Superior Court, Case No. 17CV-0576; U.S. District Court for the Central District of California, Case No. 2:17-cv-8733.
John Mahan v. California Air Resources Board, Sacramento County Superior Court, Case No. 34-2016-80002416.
The Two Hundred, et al. v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 18CECG01494.
Opportunity for Members of the Board to Comment on Matters of Interest
Board members may identify matters they would like to have noticed for consideration at future meetings and comment on topics of interest; no formal action on these topics will be taken without further notice.
Open Session to Provide an Opportunity for Members of the Public to Address the Board on Subject Matters within the Jurisdiction of the Board
Although no formal Board action may be taken, the Board is allowing an opportunity to interested members of the public to address the Board on items of interest that are within the Board’s jurisdiction, but that do not specifically appear on the agenda. Each person will be allowed a maximum of three minutes to ensure that everyone has a chance to speak.
Other Information
Transit Information
Sacramento Regional Transit
(916) 321-BUSS
www.sacrt.com
This facility is accessible by public transit and is accessible to persons with disabilities.
Submitting a Presentation
No outside memory sticks or other external devices may be used at any time with the Board audio/visual system or any CARB computers. Therefore, PowerPoint presentations to be displayed at the Board meeting must be electronically submitted via email to the Clerk of the Board no later than noon on the business day prior to the scheduled Board meeting.
For more information contact the Clerk of the Board
1001 I Street, 23rd Floor, Sacramento, California 95814
(916) 322-5594
Special Accommodation Request
Consistent with California Government Code Section 7296.2, special accommodation or language needs may be provided for any of the following:
- An interpreter to be available at the hearing;
- Documents made available in an alternate format or another language;
- A disability-related reasonable accommodation.
To request these special accommodations or language needs, please contact the Clerk of the Board at (916) 322-5594 or by facsimile at (916) 322-3928 as soon as possible, but no later than 7 business days before the scheduled Board hearing. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service.
Acomodación Especial
Consecuente con la sección 7296.2 del Código de Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas para cualquiera de los siguientes:
- Un intérprete que esté disponible en la audiencia
- Documentos disponibles en un formato alterno u otro idioma
- Una acomodación razonable relacionados con una incapacidad
Para solicitar estas comodidades especiales o necesidades de otro idioma, por favor llame a la oficina del Consejo al (916) 322-5594 o envié un fax a (916) 322-3928 lo más pronto posible, pero no menos de 7 días de trabajo antes del día programado para la audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pueden marcar el 711 para el Servicio de Retransmisión de Mensajes de California.