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March Board Meeting

March 22 and 23, 2018


Riverside County Administrative Center
4080 Lemon Street, 1st Floor
Riverside, California 92501

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


Thursday, March 22, 2018 @ 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. 

 18-2-1: Public Meeting to Consider the South Coast Air Quality Management District's On-Road Heavy Duty Vehicle Incentive Measure

The Board will consider adopting the South Coast Air Quality Management District's On-Road Heavy-Duty Vehicle Incentive Measure for submission to United States Environmental Protection Agency (U.S. EPA) as a revision to the California State Implementation Plan (SIP). The measure meets U.S. EPA requirements to achieve SIP credit and fulfills the California Air Resources Board's commitment to propose an on-road heavy-duty vehicle incentive program to achieve creditable emission reductions in the South Coast Air Basin.

More Information          Proposed Resolution

 Motion and Vote 

 18-2-2: Public Hearing to Consider Proposed Amendments to the California Cap On Greenhouse Gas Emissions and Market-Based Compliance Mechanisms Regulation

The Board will consider proposed amendments to the California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms Regulation, specifically those that clarify successor liability for a compliance obligation after a change in ownership, and those that allow the Auction Reserve Price for a joint auction to be set by the Ontario Auction Reserve Price in certain cases.

More Information           Proposed Resolution

 Motion and Vote 

 18-2-3: Public Hearing to Consider Seven Research Proposals

The Board will consider approving seven research proposals that were developed in response to the Board-approved Fiscal Year 2017-2018 Annual Research Plan.

  1. Measuring Emissions from the On-Road Vehicle Fleet in West Los Angeles, University of Denver, RFP No. 17RD015.
    More Information           Proposed Resolution
  2. Identify Outlier Makes and Models of Light-Duty Vehicles Using Remote Sensing Device Data, Eastern Research Group, RFP No. 17RD014.
    More Information           Proposed Resolution
  3. Brake and Tire Wear Emissions, Eastern Research Group, RFP No. 17RD016.
    More Information           Proposed Resolution
  4. Design and Development of an Instrument for Toxic-metal Aerosol Real-Time Analysis (TARTA), University of California, Davis, Proposal No. 2814-288.
    More Information           Proposed Resolution
  5. Benchmarking of Post-AMMP (Alternative Manure Management Practices) Dairy Emissions and Prediction of Related Long-term Airshed Effects, University of California, Davis, Proposal No. 2815-288.
    More Information           Proposed Resolution
  6. Strategies to Reduce Methane Emissions from Enteric and Lagoon Sources, University of California, Davis, Proposal No. 2816-288.
    More Information           Proposed Resolution
  7. Zero-Carbon Buildings in California: A Feasibility Study, University of California, Berkeley, Contract No. 16RD004.
    More Information           Proposed Resolution
 Motion and Vote

Discussion Items

The following agenda items may be heard in a different order at the Board meeting.

Spanish interpretation will be provided at the Thursday Board Meeting for items  18-2-4, 18-2-5, 18-2-6, and 18-2-7.

 18-2-4: Public Meeting to Consider Proposed Updates to Senate Bill 375 Greenhouse Gas Emission Reduction Targets

The Board will consider approving updates to regional greenhouse gas emissions reduction targets for California's Metropolitan Planning Organizations as required by the Sustainable Communities and Climate Protection Act of 2008 (SB 375). The Board will also consider certifying the Final Environmental Analysis and approving the written responses to comments received on the Draft Environmental Analysis.  

More Information           Staff Presentation 

 Motion and  Vote    Motion and Vote

 18-2-5: Public Meeting to Hear an Update on Implementation of the State Strategy for the State Implementation Plan and the South Coast Air Quality Management Plan

The Board will hear an update on the implementation of the 2016 State Strategy for the State Implementation Plan (State SIP Strategy) and the South Coast Air Quality Management Plan (AQMP). In March 2017, the Board adopted the State SIP Strategy and AQMP to meet federal air quality standards in the South Coast.   The Board also directed staff to provide an annual status report on progress in implementing the strategy.

More Information           Staff Presentation 

 18-2-6: Public Meeting to Hear an Informational Update on Concepts to Minimize the Community Health Impacts from Freight Facilities

The Board will hear an informational update on potential concepts for reducing emissions and community health impacts from large freight facilities, including seaports, railyards, warehouses, and distribution centers. Staff is providing the update, per Board direction from the March 2017 meeting and the addendum to Resolutions 17-7 and 17-8.

More Information           Staff Presentation 

 18-2-7: Public Meeting to Hear an Update on Implementation of Assembly Bill 617 (The Community Air Protection Program)

The Board will hear an update on efforts underway to implement the mandates of Assembly Bill 617. The California Air Resources Board's new 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. 

More Information           Staff Presentation 


Friday, March 23, 2018 @ 8:30 a.m.


Discussion Items

The following agenda items may be heard in a different order at the Board meeting.

18-2-8: Public Meeting to Consider Funding Agricultural Replacement Measures for Emission Reductions Program Guidelines

The Board will consider approving the Funding Agricultural Replacement Measures for Emission Reductions (FARMER) Program Guidelines (Guidelines). The Guidelines describe proposed investments from three related funding sources: $85 million from the Greenhouse Gas Reduction Fund in Assembly Bill (AB) 134; $15 million from the Air Quality Improvement Fund in AB 109; and $35 million from the Alternative and Renewable Fuel and Vehicle Technology Fund in AB 109. In both budget bills agricultural harvesting equipment, heavy-duty trucks, agricultural pump engines, tractors, and other equipment used in agricultural operations are all listed as eligible for funding. The proposed Guidelines outline the California Air Resources Board's plans for expending these funds in a manner consistent with the legislative direction from the two bills, existing statutes, and regulations. The Guidelines describe district funding allocations, eligible project categories and criteria, program implementation details, and the justification for these investments.

More Information           Staff Presentation

18-2-9: Public Hearing to Consider the Proposed Regulation for Prohibitions on Use of Certain Hydrofluorocarbons in Stationary Refrigeration and Foam End-Uses

The Board will consider adopting a proposed regulation for prohibitions on the use of certain high-global warming potential hydrofluorocarbons (HFC) in stationary refrigeration and foam end-uses. The objective is to preserve HFC emissions reductions expected from the federal Significant New Alternatives Policy (SNAP) Rules for certain end-uses for which compliance dates have either already passed or are imminent. A recent United States Court of Appeals, District of Columbia Circuit decision jeopardizes CARB's partial reliance on the federal SNAP Rules to meet Senate Bill 1383 HFC emissions reduction goals. This proposed regulation is necessary to preserve progress towards these important goals.

More Information           Staff Presentation

18-2-10: 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


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): 

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 et al. v. U.S. Department of Transportation et al., United States District Court, Northern District of California, Case No. 4:17-CV-05439.

Electric Power Supply Association, et al. v. Star, et al., U.S. Court of Appeals, Seventh Circuit, Case No. 17-2445.

Friends of Oceano Dunes, Inc. v. California Coastal Commission, et al., Superior Court of California, San Luis Obispo County, Case No. 17CV-0576.

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.

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.

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.

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 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.

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.

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

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.

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).

Mahan v. California Air Resources Board, Sacramento County 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

Riverside Transit Agency
(951) 565-5002

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 Especiale

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.