All items on the consent calendar will be voted on by the Board immediately after the start of the public meeting. Any item may be removed from the consent calendar by a Board member or by someone in the audience who would like to speak on that item. The following items are on the consent calendar:
Consent Item #
Public Meeting to Consider 8 Research Proposals
Motion and Vote
1. “Determination of the Spatial Distribution of Ozone Precursor and Greenhouse Gas Concentrations and Emissions in the Los Angeles Basin,” University of California, Los Angeles, $299,968, Proposal No. 2684-265. Proposed Resolution with Attachments
2. “Improved Characterization of Primary and Secondary Carbonaceous Particles,” University of California, San Diego, $255,000, Proposal No. 2681-265.Proposed Resolution with Attachments
3. “Hourly In-situ Quantitation of Organic Aerosol Marker Compounds during CalNex 2010,” University of California, Berkeley, $249,999, Proposal No. 2680-265.Proposed Resolution with Attachments
4. “Determining Nitrogen Oxide Emissions from Soil in California Cropping Systems to Improve Ozone Modeling,” University of California, Davis, $83,500, Proposal No. 2683-265.Proposed Resolution with Attachments
5. “Assessment of Baseline Nitrous Oxide Emissions in California’s Dairy Systems,” University of California, Davis, $82,000, Proposal No. 2682-265.Proposed Resolution with Attachments
6. “Three-Dimensional Measurements of Aerosol Mixing State During CalNex Using Aircraft Aerosol Time-of-Flight Mass Spectrometry,” University of California, San Diego, $400,000. Proposal No. 2689-265. Proposed Resolution with Attachments
Note: The following agenda items may be heard in a different order at the Board meeting. Also, agenda item 09-10-7 may not be heard until Thursday, December 10, 2009, or may start on December 9 and then conclude on December 10, 2009, depending on the length of the other agenda items.
Agenda Item #
Public Meeting to Update the Board on the Truck and Bus Regulation and the In-Use Off-Road Diesel-Fueled Fleet Regulation
Staff will present the Board with an update on a number of items related to the implementation of the In-Use On-Road Diesel Vehicle (Truck and Bus) regulations, including: an assessment of the health risks posed by agricultural trucks exempted from the truck and bus regulation, information on funding assistance, outreach efforts, and other items. Staff will also brief the Board on staff’s assessment of the effects of the economy on emissions from In-Use On-Road and In-Use Off-Road regulations. These updates were requested by the Board at the December 2008 and July 2009 meetings, respectively. After staff’s update, the Board may direct staff to return to the Board with proposed modifications to these regulations.
Public Meeting to Update the Board on the Low Carbon Fuel Standard THIS ITEM HAS BEEN POSTPONED TO THE JANUARY BOARD MEETING
Staff will update the Board on the status of the Low Carbon Fuel Standard (LCFS), which the Board approved in April 2009. At that hearing, the Board directed staff to do additional work for the implementation of LCFS. Staff will provide a status update on the additional work.
[See note above on scheduling for this agenda item]
Public Hearing to Consider the Adoption of a Proposed Regulation for the Management of High Global Warming Potential Refrigerants for Stationary Sources
Motion and Vote
Staff will propose a new Refrigerant Management Program, an Assembly Bill 32 early action measure, which will mitigate high-global warming potential (GWP) greenhouse gas emissions from stationary refrigeration and air conditioning equipment. The regulation is proposed to: 1) reduce emissions of high-GWP refrigerants from stationary, non-residential refrigeration equipment, 2) reduce emissions resulting from the installation and servicing of refrigeration and air-conditioning appliances using high-GWP refrigerants, and 3) verify emission reductions. This regulation would result in significant greenhouse gas emission reductions in a cost effective manner.
Note: Regarding Agenda Item 09-10-7, see scheduling notes on this item above.
Public Meeting to Provide an Informational Update on the Zero Emission Vehicle Regulation Revisions
Staff will update the Board on the development of Zero Emission Vehicle (ZEV) technologies, the role these technologies may play in achieving the State’s 2050 greenhouse gas emission goal, how the ZEV regulation could be modified to help achieve this goal, and what other policies may be beneficial or necessary to assure adequate and timely fueling infrastructure and to incentivize consumers to buy ZEVs. This is an informational item and no regulatory action will be taken at this time. A regulatory update of the ZEV program is planned in late 2010.
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:
Central Valley Chrysler-Jeep, Inc. et al. v. Goldstene, U.S. Court of Appeals, Ninth Circuit, No. 08-17378 on appeal from U.S. District Court (E.D. Cal. - Fresno).
Fresno Dodge, Inc. et al. v. California Air Resources Board et al., Superior Court of California (Fresno County), Case No. 04CE CG03498.
General Motors Corp. et al. v. California Air Resources Board et al., Superior Court of California (Fresno County), Case No. 05CE CG02787.
Green Mountain Chrysler-Plymouth-Dodge-Jeep, et al. v. Crombie, 508 F.Supp.2d 295, U.S. District Court Vermont (2007), appeal to U.S. Court of Appeals, Second Circuit, Nos. 07-4342-cv(L) and 07-4360-cv(CON).
California Business Properties Association, et al. v. California Air Resources Board, et al., Superior Court of California (Sacramento), Case No. 34-2009-80000232.
Pacific Merchant Shipping Association v. Goldstene, U.S. District Court, EDCA, Case No. 2:09-CV-01151-MCE-EFB.
American Trucking Association, et al. v. U.S. Environmental Protection Agency, et al., U.S. Court of Appeals, District of Columbia Circuit, Case No. 09-1090.
Yamaha Motor Corporation, USA v. James Goldstene, et al., Superior Court of California (San Diego County), Case No. 37-2009-00094919-CU-MC-CTL.
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 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.
THE AGENDA ITEMS LISTED ABOVE MAY BE CONSIDERED IN A DIFFERENT ORDER AT THE BOARD MEETING. BOARD ITEMS NOTED ABOVE WHICH ARE NOT COMPLETED ON DECEMBER 9, WILL BE HEARD ON DECEMBER 10 BEGINNING AT 8:30 A.M.
TO SUBMIT WRITTEN COMMENTS ON AN AGENDA ITEM IN ADVANCE OF THE MEETING GO TO:
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CLERK OF THE BOARD 1001 I Street, 23rd Floor, Sacramento, CA 95814, (916) 322-5594 ARB Homepage: http://www.arb.ca.gov
To request a special accommodation or language needs for any of the following:
• An interpreter to be available at the hearing. • Have documents available in an alternate format (i.e. Braille, large print) or another language. • A disability-related reasonable accommodation.
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 10 business days before the scheduled Board hearing. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service.
Para solicitar alguna comodidade especial o si por su idioma necesita cualquiera de los siguientes:
• Un intérprete que esté disponible en la audiencia. • Documentos disponibles en un formato alternativo (es decir, sistema Braille, letra grande) u otro idioma. • Una acomodación razonable relacionados con una incapacidad.
Porfavor llame a la officina del Consejo a (916) 322-5594 o envie un fax a (916) 322-3928 lo mas pronto possible, pero no menos de 10 dias de trabajo antes del el dia programado para la audencia del Consejo. TTY/TDD/ Personas que nesessitan este servicion pueden marcar el 711 para el Servicio de Retransmisión de Mensajes de California.
SMOKING IS NOT PERMITTED AT MEETINGS OF THE CALIFORNIA AIR RESOURCES BOARD