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 #
Note: The following agenda items may be heard in a different order at the Board meeting.
Agenda Item #
Public Hearing to Consider the Adoption of a Proposed California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms Regulation, Including Compliance Offset Protocol
Public Comment on Item
Comments from Governor Arnold Schwarzenegger
Return from Break
Return to Staff
Return to Board
Motion and Vote
Motion and Vote
Motion and Vote
Staff will present to the Board a proposed regulation to implement a California Greenhouse Gas Emissions Cap-and-Trade Program, including compliance offset protocols. The proposed regulation would establish the framework and requirements for the program.
Public Hearing to Consider Amendments to the Regulation for Mandatory Reporting of Greenhouse Gas Emissions
Staff is proposing amendments to the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions. The proposed amendments would align most California greenhouse gas reporting requirements with the federal greenhouse gas reporting requirements adopted by the United States Environmental Protection Agency, and will add specific provisions to support the Air Resources Board’s proposed Cap-and-Trade regulation.
Public Hearing to Consider the Adoption of Proposed Amendments to the Regulation to Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen and Other Criteria Pollutants From In-Use On-Road Diesel-Fueled Vehicles, the Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Measure, and the Regulation to Control Emissions From In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks at Ports and Intermodal Rail Yard Facilities
Notice of Public Hearing to Consider Proposed Amendments to the Regulations for In-Use Off-Road Diesel-Fueled Fleets and Off-Road Large Spark Ignition Engine Fleet Requirements
Staff is proposing amendments to five regulations - the Regulation for In-Use On-Road Diesel Vehicles (Truck and Bus regulation), the Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulation (Tractor-Trailer GHG regulation), the Regulation for In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks (Drayage Truck regulation), the In-Use Off-Road Diesel Fueled Fleets (Off-Road regulation), and the Large Spark-Ignition (LSI) fleet regulation. In order to implement the directives given by the Board in April 2010, staff is proposing amendments to the Truck and Bus regulation and Off-Road regulation to provide relief to fleets adversely affected by the economy, and take into account the fact that emissions are lower than previously predicted. Both regulations will be considered together to identify an equitable proposal to reduce the compliance costs of both regulations, while still providing the necessary emission reductions to meet the Board’s State Implementation Plan commitments and protect public health. The proposed amendments to the Truck and Bus regulation will provide economic relief for fleets by eliminating requirements for trucks with a gross vehicle weight rating less than 26,001 pounds, and by easing the compliance schedule for heavier trucks. The proposed amendments to the Off-Road regulation will delay the initial compliance date, significantly reduce annual requirements, and provide a path to compliance without any required retrofits. The proposed amendments to both regulations will substantially simplify the regulations while retaining flexibility for fleets, and will give credit to fleets that have already taken actions to comply with the regulations. The overall effect of the proposed amendments will be to significantly lower the costs of the regulations while still maintaining progress toward clean air. Staff will also propose amendments to the Drayage Truck regulation to add flexibility to fleets’ compliance schedules, mitigate the use of noncompliant trucks outside port and rail properties, and to provide for a smooth transition to the Truck and Bus regulation. The proposed amendments to the Tractor-Trailer GHG regulation will add flexibility to fleets’ compliance schedules and reporting requirements while still meeting the GHG emissions reduction goals of the regulation. The amendments also address requirements for storage trailers and refrigerated van trailers. Finally, staff will propose amendments to the LSI regulation that make several minor changes and clarifications, including extending the limited hours of use provisions and broadening compliance extension flexibility.
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:
Pacific Merchant Shipping Association v. Goldstene, U.S. District Court (E.D. Cal Fresno), 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.
POET, LLC, et al. v. Goldstene, et al., Superior Court of California (Fresno County), Case No. 09CECG04850.
Rocky Mountain Farmers Union, et al. v. Goldstene, U.S. District Court (E.D. Cal. Fresno), Case No. 1:09−cv−02234−LJO−DLB.
National Petroleum & Refiners Association, et al. v. Goldstene, et al., U.S. District Court (E.D. Cal. Fresno) Case No. 1:10-cv-00163-AWI-GSA.
Association of Irritated Residents, et al. v. California Air Resources Board, Superior Court of California (San Francisco County), Case No. CPF-09-509562.
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.
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 comodidad especial o necesidad de otro idioma para alguna de las siguientes:
• Un intérprete que esté disponible en la audiencia • Tener documentos disponibles en un formato alterno (por decir, sistema Braille, o en impresión grande) u otro idioma. • Una acomodación razonable relacionados con una incapacidad.
Por favor llame a la oficina del Secretario del Consejo de Recursos Atmosféricos al (916) 322-5594 o envíe un fax al (916) 322-3928 no menos de diez (10) días laborales antes del día programado para la audiencia. Para el Servicio Telefónico de California para Personas con Problemas Auditivos, ó de teléfonos TDD pueden marcar al 711.
SMOKING IS NOT PERMITTED AT MEETINGS OF THE CALIFORNIA AIR RESOURCES BOARD