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PUBLIC MEETING AGENDA



September 26, 2013

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LOCATION:
Air Resources Board
Byron Sher Auditorium, Second Floor
1001 I Street
Sacramento, California 95814
http://www.calepa.ca.gov/EPAbldg/location.htm

This facility is accessible by public transit. For transit information, call: (916) 321-BUSS, website:
http://www.sacrt.com
(This facility is accessible to persons with disabilities.)

TO SUBMIT WRITTEN COMMENTS ON AN AGENDA ITEM IN ADVANCE OF THE MEETING GO TO: http://www.arb.ca.gov/lispub/comm/bclist.php

September 26, 2013
9:00 a.m.

 CONSENT CALENDAR:  
The following item 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 it.

 Motion and Vote

13-8-1:Public Meeting to Consider Appointment of a New Memeber to the Research Screening Committee

Staff wil recommend the appointment of Dr. William Esenstein to fill the vacancy left by the resignation of Dr. Charles Kolstad of the Stanford Institute for Economic Policy Research. The Board’s Research Screening Committee consists of scientists, engineers, and others who are knowledgeable, technically qualified, and experienced in air pollution research. Dr. Eisenstein is the Executive Director for the University of California, Berkeley’s Center for Resource Efficient Communities.

More Information
DISCUSSION ITEMS:

Note: The following agenda items may be heard in a different order at the Board meeting.
Agenda Item #
13-8-2:
 Public Hearing to Consider Proposed Amendments to the Alternative Fuel Conversion Certification Procedures for On-Road Motor Vehicles and Engines

Staff will present to the Board proposed amendments to title 13, California Code of Regulations, Sections 2030 and 2031, the current alternative fuel certification procedures. Staff believes that the proposed changes are needed to update the existing alternative fuel conversion procedures and will meet industry requests to streamline alternative fuel certification requirements.

More Information     Staff Presentation
 Motion and Vote
13-8-3:
 Public Hearing to Consider Proposed Amendments to the Antiperspirants and Deodorants Regulation; Consumer Products Regulation; Aerosol Coating Products Regulation; the Tables of Maximum Incremental Reactivity Values; Test Method 310, and Proposed Repeal of the Hairspray Credit Program

The primary purpose of the proposed amendments is to reduce the air quality impacts of emissions of volatile organic compounds (VOC) in consumer products and aerosol coatings. The proposed amendments also incorporate requirements for non-aerosol “multi-purpose solvents” and “paint thinners” sold in the South Coast Air Quality Management District (SCAQMD) needed to ensure that expected benefits from the SCAQMD rule are achieved. Repeal of the Hairspray Credit Program is also proposed because its usefulness has expired. Other amendments would clarify and streamline existing provisions, and incorporate additional testing procedures for multi-purpose solvents and paint thinners sold in the SCAQMD. The proposed amendments would reduce VOC emissions by 4 tons per day statewide.

More Information     Staff Presentation

 Motion and  Vote
13-8-5: Update to the Board on the Air Quality Improvement Program

Staff will update the Board on the funding status of the Air Quality Improvement Program (AQIP) and make recommendations for amendments to the approved Fiscal Year 2013-14 AQIP Funding Plan. The amendments include a proposal to transfer funding from demonstration projects and AQIP reserves to the AQIP truck loan program to better support consumer demand in that program.


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):

POET, LLC, et al. v. Goldstene, et al., Superior Court of California (Fresno County), Case No. 09CECG04850; plaintiffs’ appeal, California Court of Appeal, Fifth District No. F064045


Rocky Mountain Farmers Union, et al. v. Goldstene, U.S. District Court (E.D. Cal. Fresno), Case No. 1:09−CV−02234−LJO−DLB; interlocutory appeal, U.S. Court of Appeal, Ninth Circuit Nos. 09-CV-02234 and 10-CV-00163.


American Fuels and Petrochemical Manufacturing Associations, et al. v. Goldstene, et al., U.S. District Court (E.D. Cal. Fresno) Case No. 1:10-CV-00163-AWI-GSA; interlocutory appeal, U.S. Court of Appeal, Ninth Circuit Nos. 09-CV-02234 and 10-CV-00163


Association of Irritated Residents, et al. v. U.S. E.P.A., 2011 WL 310357 (C.A.9), (Feb. 2, 2011). 

California Dump Truck Owners Association v. California Air Resources Board, U.S. District Court (E.D. Cal. Sacramento) Case No. 2:11-CV-00384-MCE-GGH; plaintiffs’ appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 13-15175

California Construction Trucking Association v. United States Environmental Protection Agency, U.S. Court of Appeals, Ninth Circuit, Case No. 13-70562.

Engine Manufacturers Association v. California Air Resources Board, Sacramento Superior Court, Case No. 34-2010-00082774.

Citizens Climate Lobby and Our Children’s Earth Foundation v. California Air Resources Board, San Francisco Superior Court, Case No. CGC-12-519554, plaintiffs’ appeal, California Court of Appeal, First District, No. A138830.

California Chamber of Commerce et al. v. California Air Resources Board, Sacramento Superior Court, Case 34-2012-80001313.

Morning Star Packing Company, et al. v. California Air Resources Board, et al., Sacramento Superior Court, Case No. 34-2013-800001464.

Delta Construction Company, et al., v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 11-1428.

City of Los Angeles through Department of Water and Power v. California Air Resources Board, et al., Los Angeles Superior Court, Case No. BS140620.


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.

TO SUBMIT WRITTEN COMMENTS ON AN AGENDA ITEM IN ADVANCE OF THE MEETING SUBMIT TO:

http://www.arb.ca.gov/lispub/comm/bclist.php

ONLINE SIGN-UP:
You can sign up online in advance to speak at the Board meeting when you submit an electronic Board item comment. For more information go to:

http://www.arb.ca.gov/board/online-signup.htm

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

SPECIAL ACCOMMODATION REQUEST

Special accommodation or language needs can 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.
 
Comodidad especial o necesidad de otro idioma puede ser proveido para alguna de las 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 solicita estas comodidades especiales o necesidades de otro idioma, por favor llame a la oficina del Consejo al (916) 322-5594 o envie un fax a (916) 322-3928 lo mas pronto posible, pero no menos de 7 dias de trabajo antes del dia programado para la audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pueden marcar el 711 para el Servicio de Retransmision de Mensajes de California.


SMOKING IS NOT PERMITTED AT MEETINGS OF THE CALIFORNIA AIR RESOURCES BOARD