California Air Resources Board

Thursday, June 28, 2018 @ 9:00 a.m.

California Environmental Protection Agency
1001 I Street, Sacramento, California 95814
Coastal Hearing Room, 2nd Floor

This meeting will also be webcast.

Submit written comments
Not all agenda items are available for electronic submittals of written comments.

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.

18-5-1: Public Meeting to Consider Submission of the 2013 Amendments to the Cargo Tank Vapor Recovery Regulation into the California State Implementation Plan

The Board will consider adopting a resolution directing staff to submit the 2013 Amendments to the Cargo Tank Vapor Recovery Regulations into the California State Implementation Plan (Cargo Tank SIP Submittal). If adopted, CARB will submit the Cargo Tank 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.

18-5-2: Public Hearing to Consider Proposed Amendments to California Emission ControlSystem Warranty Regulations and Maintenance Provisions for 2022 and Subsequent Model Year On-Road Heavy-Duty Diesel Vehicles with Gross Vehicle Weight Ratings Greater Than 14,000 Pounds and Heavy-Duty Diesel Engines in Such Vehicles

The Board will consider proposed amendments to the California warranty and maintenance provisions for on-road heavy-duty (HD) diesel vehicles, and the engines used in such vehicles. Currently, because the warranty mileage period is disproportionate to the actual service lives of many modern HD vehicles and engines, vehicle owners have no incentive to pay for repairs of emissions-related problems that do not adversely affect fuel economy or performance, which results in additional emissions. Accordingly, staff is proposing to lengthen both the existing warranty periods and minimum maintenance intervals so as to reduce emissions by incentivizing vehicle owners to perform required maintenance and to seek more timely repairs, and to encourage manufacturers to design and produce more durable parts. Staff is also proposing to clarify that the warranty coverage extends to any part that causes the illumination of the HD on-board diagnostic system malfunction indicator light.

More Information          Staff Presentation

18-5-3: Public Meeting to Hear an Update on Implementation of Assembly Bill 617 (The Community Air Protection Program)

Spanish translation will be provided at the Board Meeting for this item, Item 18-5-3.

The Board will hear an update on efforts underway to implement the mandates of Assembly Bill 617. The California Air Resources Board's Community Air Protection Program will implement a new community focused planning framework to identify impacted communities, establish criteria for air monitoring and local emissions reduction programs, and develop strategies for reducing emissions. Staff will present for Board discussion and input key questions for program development.

More Information          Staff Presentation

18-5-4: Report from the Office of the Ombudsman 2017

The Board will hear a report on the 2017 enhancements to the California Air Resources Board's Ombudsman and Small Business program, including a plan for a more comprehensive engagement process for regulated small businesses.

More Information          Staff Presentation

18-5-5: Public Meeting to Hear the Enforcement Division 2017 Annual Report

The Board will hear the Enforcement Division 2017 Annual Report, which will include highlights of 2017 enforcement activities in key programs including enforcement at freight facilities, statewide diesel enforcement, field enforcement and citation processing, clean fuels regulations, aftermarket parts and vehicle enforcement, and refrigerant management. Staff will also describe the Division's implementation of Supplemental Environmental Projects and other enforcement initiatives in disadvantaged communities.

More Information          Staff Presentation

18-5-6: Public Meeting to Hear an Informational Update on the Benefits of High Efficiency Filtration to Indoor Air Quality

The Board will hear an informational update on the California Air Resources Board's funded studies that examined the use of high efficiency filtration in homes to determine the effectiveness of filtration on reducing indoor pollutant levels.

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.

The Two Hundred, et al. v. California Air Resources Board, et al., Superior Court of California (Fresno County), 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.

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.

John R. Lawson Rock & Oil, Inc. et al. v. California Air Resources Board et al. (potential).

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.