October 2018 Board Meeting Agenda
October 25, 2018, 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, October 25, 2018 @ 9:00 a.m.
Consent Calendar
The following items on the consent calendar will be presented to the Board immediately after the start of the public meeting, unless removed from the consent calendar either upon a Board member’s request or if someone in the audience wishes to speak on them.
18-8-1: Public Meeting to Consider Six Research Proposals
The Board will consider approval of six research proposals that were developed in response to the Board-approved research projects for Fiscal Year 2018-2019.
- “Real-world Tire and Brake-wear Emissions," University of California, Riverside, Proposal No. 2817-289.
More Information Proposed Resolution - “Hybridization and Full Electrification Potential in Off-Road Applications," University of California, Riverside, Proposal No. 2818-289.
More Information Proposed Resolution - “Screening Method and Map for Evaluating Transportation Access Disparities and other Built Environment-related Social Determinants of Health," University of California, Los Angeles, Proposal No. 2819-289.
More Information Proposed Resolution - “Estimating Induced Travel from Capacity Expansions on Congested Corridors," University of California, Berkeley, Proposal No. 2820-289.
More Information Proposed Resolution - “Environmental Chamber Experiments to Improve Secondary Organic Aerosol Model Prediction," University of California, Riverside, Proposal No. 2821-289.
More Information Proposed Resolution - “Characterizing the Potential Health and Equity Impacts of Oil and Gas Extraction and Production Activities in California," University of California, Berkeley, Proposal No. 2822-289.
More Information Proposed Resolution
18-8-2: Public Meeting to Consider the Proposed Submission of California’s Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities into the California State Implementation Plan
The Board will consider adopting a resolution directing staff to submit California's Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities into the California State Implementation Plan (Oil and Gas SIP Submittal). If adopted, California Air Resources Board will submit the Oil and Gas SIP Submittal to the United States Environmental Protection Agency as a revision to the California State Implementation Plan.
More Information Proposed Resolution
Discussion Items
The following agenda items may be heard in a different order at the Board meeting.
18-8-4: Public Hearing to Consider Proposed Amendments to Enhanced Vapor Recovery Regulations to Standardize Gas Station Nozzle Spout Dimensions to Help Address Storage Tank Overpressure
The Board will consider amendments to Enhanced Vapor Recovery Regulations to standardize gas station nozzle spout dimensions to improve compatibility with newer motor vehicle fill pipes. This compatibility is necessary to reduce air ingestion at the nozzle, which will help reduce storage tank overpressure conditions.
More Information Staff Presentation
18-8-5: Public Hearing to Consider Proposed Amendments to California Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks
The Board will consider amendments to Vehicle Fill Pipe Specifications to help ensure new motor vehicle fill pipes are compatible and form a good seal with Phase II recovery nozzles that are certified for use at California gasoline stations as a means to reduce overpressure.
More Information Staff Presentation
18-8-6: Public Meeting to Consider Approval of the Proposed Fiscal Year 2018-19 Funding Plan for Clean Transportation Incentives
The Board will consider the Proposed Fiscal Year 2018-19 Funding Plan for Clean Transportation Incentives. The plan describes proposed investments from two related funding sources: the Low Carbon Transportation Program funded with Cap-and-Trade auction proceeds and the Air Quality Improvement Program. These programs provide incentives for clean vehicle and equipment projects to reduce greenhouse gas emissions and air pollution with a priority on benefiting disadvantaged and low-income communities and low-income households. Staff's proposal builds on investments from previous funding cycles by continuing incentives for zero-emission and plug-in passenger cars, clean trucks and buses, and advanced technology freight projects.
More Information Staff Presentation
18-8-7: Public Meeting to Consider the San Joaquin Valley Supplement to the 2016 State Strategy for the State Implementation Plan
Spanish translation will be provided at the Board Meeting for this item, Item 18-8-7.
The Board will consider adopting the San Joaquin Valley Supplement to the 2016 State Strategy for the State Implementation Plan (Valley State SIP Strategy). The Valley State SIP Strategy describes the California Air Resources Board staff’s proposal for a supplemental State commitment for additional mobile source measures and emission reductions to attain health-based annual and 24-hour federal air quality standards for PM2.5 in the San Joaquin Valley.
More Information Staff Presentation
18-8-11: Public Meeting to Consider the 2018 Updates to the California State Implementation Plan
The Board will consider updates to State Implementation Plan submittals for several ozone and PM2.5 nonattainment areas. These updates are a result of recent court decisions regarding United States Environmental Protection Agency (U.S. EPA) guidance on certain elements of the area's plans. These updates address reasonable further progress-related components for Coachella Valley, Eastern Kern County, Imperial County, Sacramento Metropolitan Area, San Joaquin Valley, South Coast, Ventura County, and Western Mojave Desert. Updates also include enhanced enforcement activities as contingency measures for these areas and two additional areas -- San Diego County and Western Nevada County. If adopted, these updates will be submitted to U.S. EPA as a revision to the California State Implementation Plan.
More Information Staff Presentation
18-8-3: Public Hearing to Consider Proposed California Certification Procedures for Light-Duty Engine Packages for Use in New Light-Duty Specially-Produced Motor Vehicles for 2019 and Subsequent Model Years
The Board will consider adopting the proposed California Regulation and Certification Procedures for Light-Duty Engine Packages for Use In New Light-Duty Specially-Produced Motor Vehicles for 2019 And Subsequent Model Years. California Air Resources Board staff is proposing regulations and certification procedures for manufacturers of light-duty engine packages for use in new light-duty specially constructed vehicles which resemble heritage vehicles originally produced at least 25 years ago.
More Information Staff Presentation
18-8-8: Public Meeting to Inform the Board of the California Air Resources Board Tribal Consultation Policy
The Board will hear an informational item on the California Air Resources Board Tribal Consultation Policy. The California Air Resources Board is implementing a Tribal Consultation Policy to ensure it engages in effective government-to-government consultations with tribes to further its mission and to implement Executive Order B-10-11.
More Information Staff Presentation
Closed Session
The Board will 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 Fuels 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.
California Air Resources Board v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 18-1085.
Electric Power Supply Association, et al. v. Star, et al.,U.S. Court of Appeals, Seventh Circuit, Case No. 17-2445.
POET, LLC, et al. v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 09CECG04659; plaintiffs’ appeal, California Court of Appeal, Fifth District, Case No. F064045; California Supreme Court, Case No. S213394 [remanded to trial court]; plaintiff’s appeal of trial court order discharging peremptory writ of mandate, Court of Appeal, Fifth District, Case No. F073340.
POET, LLC, et al. v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 15CECG03380.
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 [remanded to trial court].
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 [remanded to trial court].
Sowinski v. California Air Resources Board, et al., U.S. District Court, Central District of California, Case No. 8:15-CV-02123; Orange County Superior Court, Case No. 30-2018-00970852-CU-IP-CXC.
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 Bureau of Land Management, et al., U.S. District Court, Northern District of California Circuit, Case No. 3:17-cv-07186-WHO.
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 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.
The Two Hundred, et al. v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 18CECG01494.
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.
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.
Alliance for California Business v. California Air Resources Board, et al., Glenn County Superior Court, Case No. 13CV01232; plaintiffs’ appeal, Court of Appeal, Third District, Case No. C082828.
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.
Jack Cody dba Cody Transport v. California Air Resources Board, et al., Sacramento Superior Court, Case No. 34-2015-80002116; plaintiff’s appeal, Court of Appeal, Third District, Case No. C083083.
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.
Murray Energy Corporation v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1385.
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 New York, et al. v. United States Environmental Protection Agency et al., U.S. Court of Appeals, District of Columbia Circuit, Case No. 17-1185.
California Air Resources Board v. Adam Brothers Farming Inc., Santa Barbara County Superior Court, Case No. 16CV01758.
People v. Southern California Gas Company, Los Angeles Superior Court, Case No. BC 602973.
In re: Volkswagen "Clean Diesel" MDL, United States District Court, Northern District of California, Case No. 15-MD-2672-CRB (JSC).
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.
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.