California Air Resources Board

Friday, May 25, 2018 @ 9:00 a.m.

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.

Discussion Items

The following agenda items may be heard in a different order at the Board meeting.

18-4-1: Public Meeting to Consider the PM2.5 State Implementation Plan for Imperial County

Spanish translation will be provided at the Board Meeting for this item, Item 18-4-1.

The Board will consider adopting the PM2.5 State Implementation Plan (Plan) for Imperial County for the annual 12 ug/m3 PM2.5 standard.  If adopted, the California Air Resources Board will submit the Plan to the United States Environmental Protection Agency as a revision to the California State Implementation Plan.

More Information          Staff Presentation

18-4-2: Public Hearing to Consider Proposed Amendments to the Consumer Products Regulation and Method 310

The Board will consider staff’s proposed amendments to the consumer products regulation to establish an alternate compliance option for multi-purpose lubricant (MPL) products.  The amendments would achieve three objectives:  First, to maintain the ozone air quality benefits of the 1.27 ton per day reductions in VOC emissions claimed in the State Implementation Plan (SIP) that the 10 percent VOC limit would achieve.  Second, to provide compliance flexibility to manufacturers that would enable them to continue to offer effective products to consumers by achieving similar ozone air quality benefits to those that comply with the mass-based 10 percent by weight VOC limit.  Third, to achieve these objectives without significantly impacting compliance costs or increasing the cost of MPL products on the market.  The Board will also hear proposed amendments to CARB Test Method 310 that will improve the clarity of the test method, update publication dates of test methods previously incorporated by reference, and include additional reference methods for the purposes of implementing the alternate compliance option.

More Information          Staff Presentation

18-4-3: Public Hearing to Consider Proposed Amendments to the Heavy-Duty Vehicle Inspection Program and Periodic Smoke Inspection Program

The Board will consider proposed amendments to the Heavy-Duty Vehicle Inspection Program (HDVIP) and the Periodic Smoke Inspection Program (PSIP).  The HDVIP allows CARB enforcement staff to inspect HD trucks and buses for compliance with opacity limits, labeling, and other requirements.  The PSIP requires California HD diesel vehicle fleets to annually test their vehicles for compliance with the opacity limits.  The proposed amendments lower the allowable opacity limit for HD vehicles operating in California for both the HDVIP and PSIP, establish reporting requirements for the PSIP and smoke tester training requirements, and allow 2013 model year and newer engines to report on-board diagnostic data in lieu of performing the annual PSIP smoke test.

More Information          Staff Presentation

18-4-4: Public Meeting to Consider California's Beneficiary Mitigation Plan for the Volkswagen Environmental Mitigation Trust

The Board will consider approval of California's Beneficiary Mitigation Plan for the Volkswagen (VW) Environmental Mitigation Trust.  The Plan describes the proposed mitigation actions to be funded from California's $423 million allocation of the $3 billion national Trust.  The Trust is an element of the VW settlement and is intended to fully mitigate the lifetime excess oxides of nitrogen (NOx) emissions caused by the subject VW diesel vehicles.  Staff's proposal includes funding for heavy-duty vehicle and equipment replacements, freight and marine projects, and light-duty zero-emission vehicle infrastructure.  In addition to fully mitigating the excess NOx, the proposed funding will support the State's air quality, climate change, zero-emission vehicle deployment, and petroleum reduction goals.  Senate Bill 92, passed in June 2017, requires CARB to strive to ensure at least 35 percent of the State's allocation benefit disadvantaged or low-income communities.  Staff expects at least 50 percent of the proposed project allocations will benefit disadvantaged or low-income communities.

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 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.

In re La Paloma Generating Company, LLC, U.S. Bankruptcy Court, District of Delaware, Case No.16-bk-12700.

Mexichem Fluor Inc. v.United States Environmental Protection Agency et al., U.S. Court of Appeals, District of Columbia Circuit, Case Nos. 15-1328 and 15-1329.

POET, LLC, et al. v. California Air Resources Board, et al., Superior Court of California (Fresno County), 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., Superior Court of California (Fresno County), 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.

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.

Adam Brothers Farming, Inc. v. California Air Resources Board, et al., Santa Barbara County Superior Court, Case No. 15 CV04432.

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.

States of New York, California, Vermont, and Maryland, and the Commonwealth of Pennsylvania v. National Highway Traffic Safety Administration, U.S. Court of Appeals, Second Circuit, Case Nos. 17-2780(L) and 17-2806.

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.

Mahan v. California Air Resources Board, SacramentoCounty Superior Court, Case No. 34-2016-80002416.

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.