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PUBLIC MEETING AGENDA

Thursday, March 23, 2017

Webcast

LOCATION:
Riverside County Administrative Center
4080 Lemon St., 1st Floor
Riverside, California 92501

This facility is accessible by public transit. For transit information, call: (916) 565-5002 website:
http://www.riversidetransit.com/home/
(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

 

Thursday
March 23, 2017
9:00 a.m.
 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.
Consent Item #
17-3-1: Public Meeting to Consider the 2016 Ozone State Implementation Plan for Ventura County
The Board will consider approval of the Ventura County Air Pollution Control District Plan for the 2008 75 ppb 8-Hour Ozone Standard (Ozone SIP). If approved, the Air Resources Board will submit the Ozone SIP to the United States Environmental Protection Agency as a revision to California's State Implementation Plan.

 
 Motion and Vote 
17-3-2: Public Meeting to Consider the 2016 Ozone State Implementation Plan for San Diego County

The Board will consider approval of the San Diego County Air Pollution Control District Plan for the 2008 75 ppb 8-Hour Ozone Standard (Ozone SIP). If approved, the Air Resources Board will submit the Ozone SIP to the United States Environmental Protection Agency as a revision to California's State Implementation Plan.

 
 Motion and Vote
DISCUSSION ITEMS:
Note:  The following agenda items may be heard in a different order at the two day Board meeting. An item listed on the first day may be moved or continued to the second day, if needed, although the Board will make every effort to hear items on the day for which they are originally scheduled. The Chair will announce any changes in order or continuance of items.
Agenda Item #

(The agenda order noted was revised on 03/15/17.)
17-3-4:
 Public Meeting to Consider the 2016 Air Quality Management Plan for Ozone and PM2.5 for the South Coast Air Basin and the Coachella Valley

The Board will consider approval of the South Coast Air Quality Management District 2016 Air Quality Managemnet Plan (AQMP) for the 8-hour Ozone, Annual PM2.5 and 24-hour PM2.5 standards in the South Coast Air Basin and the 8-hour Ozone standard in the Coachella Valley. The AQMP outlines strategies needed to bring the areas into attainment of these standards and meet Clean Air Act requirements. If approved, the Air Resources Board will submit the AQMP to the United States Environmental Protection Agency as a revision to California’s State Implementation Plan. 

 
 Motion and Vote
17-3-3: Public Meeting to Consider the 2016 State Strategy for the State Implementation Plan

The Board will consider approval of the Proposed 2016 State Strategy for the State Implementation Plan (State SIP Strategy). The State SIP Strategy outlines California's State Implementation Plan commitment and identifies the proposed measures for mobile sources and consumer products needed to attain health-based federal air quality standards over the next 15 years. The proposed measures, in combination with the current control program, will reduce mobile source NOx emissions 80 percent from today's levels in the critical South Coast air basin by 2031. The State SIP Strategy will also provide significant benefits in the San Joaquin Valley, as well as state-wide. The Boardwill also consider certifying the Final EnvironmentalAnalysis and approving the written responses to comments received on the Draft Environmental Analysis.

 
 Motion and Vote
17-3-5: Public Meeting to Consider the Proposed Final Short-Lived Climate Pollutant Reduction Strategy

The Board will consider approval of the proposed Final Short-Lived Climate Pollutant (SLCP) Reduction Strategy. The proposed Final Strategy describes ongoing and new measures for California to reduce emissions of SLCPs (methane, black carbon, and fluorinated gases, specifically hydrofluorocarbons) through 2030. It also describes current research efforts to improve the SLCP emission inventory, evaluate potential mitigation measures, and areas where further research is needed. The Board will also consider certifying the Final Environmental Analysis and approving the written responses to comments received on the Revised Draft Environmental Analysis.

 
 Motion and Vote 

17-3-7: Public Meeting to Hear Proposed Updates to Senate Bill 375 Greenhouse Gas Emission Reduction Targets

The Board will hear an informational update regarding the status of the regional target update process for California's Metropolitan Planning Organizations (MPO) required by the Sustainable Communities and Climate Protection Act of 2008 (SB 375). Senate Bill 375 requires the Air Resources Board (ARB or Board) to establish regional greenhouse gas (GHG) emission reduction targets for all 18 MPOs in California and to update those targets every 8 years. The targets were initially established in 2010 and must be updated in 2018. Staff has been working with the MPOs for over a year on target recommendations and evaluating the levels of GHG reductions necessary to achieve statewide GHG reduction goals targets in Senate Bill 32. The target recommendations of the MPOs and the staff's evaluation will be presented to the Board for input and discussion. The Board will not vote on targets at this meeting; Staff’s proposed updated targets will be brought to the Board for a vote later in 2017.


 
17-3-6: Public Hearing to Consider the Proposed Regulation for Greenhouse Gas Emissions

Standards for Crude Oil and Natural Gas Facilities The Board will consider adopting a proposed regulation to reduce greenhouse gas emissions from oil and gas facilities. The item was orginally heard in July 2016 along with staff's recommendation for 15-day changes. The primary changes since the July hearing include amendments to the monitoring requirements for natural gas underground storage facilities and amendments to the leak detection and repair requirements. The Board will also consider certifying the Final Environmental Analysis and approving the written responses to comments received on the Draft Environmental Analysis.


 Motion and Vote 
 General Public Comment 
 
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 these pending or potential litigation, and as authorized by Government Code section 11126(a):

POET, LLC, et al. v. California Air Resources Board, et al., Superior Court of California (Fresno County), Case No. 15CECG03380.

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.

POET, LLC, et al. v. Corey, et al., Superior Court of California (Fresno County),
Case No. 09CECG04850; plaintiffs’ appeal, California Court of Appeal, Fifth District, Case No. F064045; California Supreme Court, Case No. S213394. [remanded to trial court]; plaintiff's eppeal of trial court order discharging peremptory writ of mandate, Court of Appeal, Fifth District, Case No. F073340.

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. 09-CV-02234 [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].

California Chamber of Commerce et al. v. California Air Resources Board, Sacramento Superior Court, Case No. 34-2012-80001313; plaintiffs’ appeal, California Court of Appeal, Third District, Case No. C075930.

Morning Star Packing Company, et al. v. California Air Resources Board, et al., Sacramento Superior Court, Case No. 34-2013-800001464; plaintiffs’ appeal, California Court of Appeal, Third District, Case No. C075954.

Kimberly-Clark Worldwide, Inc. v. California Air Resources Board, et al., Sacramento County Superior Court, Case No. 34-2015-80002246.

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.

Murray Energy Corporation v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1385.

State of North Dakota, et al. v. United States Environmental Protection AgencyU.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 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.

Alliance for California Business v. Nichols 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.

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

Owner-Operator Independent Drivers Association Inc. et al. v. Richard W. Corey et al., U.S. District Court, (E.D. Cal. Fresno) Case No. 1:13-CV-01998-LJO-SAB (transferred by court to E.D.Cal. Sacramento, Case No. 2:14-CV-00186-MCE-AC), plaintiffs' appeal U.S. Court of Appeals, Ninth Circuit, Case Nos. 15-72101 and 15-16429.

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.

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.

Transportation Solutions Defense and Education Fund v. California Air Resources Board, Fresno County Superior Court, Case No. 14CECG01788 (plaintiff’s transfer to Sacramento Superior, Case No. 34-2014-80001974-CU-WM-GDS).

Meeks v. California Air Resources Board, et al. Los Angeles County Superior Court, Case No. BC592558.

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

In re: Volkswagen "Clean Diesel" MDL, United States District Court, Northern District of California, Case No. 15-MD-2672-CRB (JSC).

American Coating Association, Inc. v. State of California and California Air Resources Board, Sacramento County Superior Court, Case No. 04CS01707.

Hamilton v. California Air Resources Board, et al., U.S. District Court for the Eastern District of California, Case No. 1:15-CV-01942-AWI-SKO.

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

California Air Resources Board v. Adam Brothers Farming Inc., Santa Barbara County Superior Court, Case No. 16CV01758.

California Air Resources Board v. BP West Coast Products LLC, Contra Costa County Superior Court, Case No. C12-00567.

People of the State of California ex rel. California Air Resources Board v. Marten Transport
Logistics, LLC, Los Angeles County Superior Court, Case No. BC645288.

California Air Resources Board v. SSA Containers, Inc., Los Angeles County Superior Court, Case No. BC628573 and No. BC628722.

People v. Southern California Gas Company, Los Angeles Superior Court, Case No. BC 602973.

California Air Resources Board v. West Coast Diesel, Inc., Fresno County Superior Court, Case No. 15 CECG 03337.

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

http://www.arb.ca.gov/lispub/comm/bclist.php
(Note: not all agenda items are available for electronic submittals of written comments.)


PLEASE NOTE: No outside memory sticks or other external devices may be use  at any time with the Board audio/visual system or any ARB computers. Therefore  PowerPoint presentations to be displayed at the Board meeting must be electronically submitted via email to the Clerk of the Board at cotb@arb.ca.gov no later than noon on the business day prior to the scheduled Board meeting.

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.
 
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 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