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December 12-13, 2019 Board Meeting Agenda

December 12 & 13, 2019, Board Meeting
  California Environmental Protection Agency
1001 I Street, Sacramento, California 95814
Byron Sher Auditorium, 2nd Floor

This meeting will also be webcast. .

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

  Thursday, December 12, 2019 @ 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 them.

  19-12-1: Public Hearing to Consider the Proposed 2019 Amendments to Area Designations for State Ambient Air Quality Standards

The California Air Resources Board (CARB or Board) will consider proposed amendments to the regulations designating areas of California as attainment, nonattainment, nonattainment-transitional, or unclassified for pollutants with State ambient air quality standards. Based on 2016 to 2018 air quality data, a total of three changes to area designations are proposed for ozone.
  More Information Proposed Resolution
  Discussion Items
  The following agenda items may be heard in a different order at the Board Meeting.
  19-12-9: Public Hearing to Consider Proposed Fuel Cell Net Energy Metering Greenhouse Gas Emission Standards Regulation
  The Board will consider adopting the Fuel Cell Net Energy Metering Greenhouse Gas (GHG) Emission Standards Regulation for the California Public Utilities Commission's Fuel Cell Net Energy Metering Program. This regulation is proposed in response to and in accordance with Assembly Bill 1637 (Low, Chapter 658, Statutes of 2016). The proposed regulation would establish a schedule of annual GHG emission standards and a process for updating the standards every three years, and would decrease over time to reflect California’s GHG emissions reductions in the electricity sector. The Board will also consider adopting an exemption for this project pursuant to the California Environmental Quality Act.
  More Information Staff Presentation
  19-12-3: Public Meeting to Consider South Coast 8-hour Ozone State Implementation Plan Update
  The Board will consider an update to the 2007 South Coast Air Basin (South Coast) 80 parts per billion 8-hour Ozone State Implementation Plan (South Coast Ozone SIP) for the 1997 ozone National Ambient Air Quality Standard. Section 182(e)(5) of the Federal Clean Air Act allows extreme nonattainment areas to rely on reductions from anticipated control techniques and technologies. It also requires contingency measures if the anticipated techniques and technologies do not achieve planned reductions. This update includes the required contingency measures for the South Coast extreme nonattainment area. The Board will also consider adopting required findings consistent with applicable provisions of the California Environmental Quality Act. If approved, CARB will submit the update to United States Environmental Protection Agency for inclusion in the state implementation plan.
  More Information Staff Presentation
  19-12-4: Public Hearing to Consider the Proposed Advanced Clean Trucks Regulation and Draft Environmental Analysis Prepared for the Regulation
  The Board will consider a proposed requirement for truck manufacturers to sell heavy-duty zero-emission trucks in California and a one-time reporting requirement seeking information about large entities’ facilities, types of truck services used, and fleet of vehicles. This is the first of two Board hearings.
  More Information Staff Presentation
  19-12-5: Public Hearing to Consider Proposed Amendments to the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices
  The Board will consider amendments to the air cleaner regulation, which limits ozone emissions from air cleaning devices.
  More Information Staff Presentation
     
  Friday, December 13, 2019 @ 8:30 a.m.
   
  Discussion Items
  The following agenda items may be heard in a different order at the Board Meeting.
  19-12-7: Public Meeting to Hear an Informational Update on the Environmental Justice Research
  The Board will hear an update of CARB environmental justice research, including results of projects to prioritize sources in disadvantaged communities.
  More Information Staff Presentation
  19-12-6: Public Meeting to Consider Proposed Research Projects for Fiscal Year 2020-2021
  The Board will consider approval of the Proposed Research Projects for Fiscal Year 2020-2021. These research projects will advance the state of the science and support the Board's efforts to meet California’s air quality and climate goals. If the Proposed Research is approved by the Board, staff will work with our research partners to develop full proposals. The Executive Officer will then consider the full proposals for approval and funding with consultation from interested Board Members.
  More Information Staff Presentation
  19-12-8: Public Meeting to Consider Assembly Bill 617 Community Air Protection Program - Selection of 2019 Communities
  Spanish translation will be provided at the Board Meeting for this item, Item 19-12-8.
  The Board will consider for selection staff's proposed list of 2019 communities for the development of community emission reduction programs and/or community monitoring via the Community Air Protection Program. The Board will also consider adopting an exemption for this project pursuant to the California Environmental Quality Act.
  More Information Staff Presentation
  19-12-2: Public Meeting to Consider San Joaquin Valley Agricultural Equipment Incentive Measure
  The Board will consider adopting the San Joaquin Valley Agricultural Equipment Incentive Measure for submission to the United States Environmental Protection Agency as a revision to the California State Implementation Plan (SIP). The measure achieves SIP creditable emission reductions from agricultural equipment incentive projects.
  More Information Staff Presentation
     
  Closed Session
The Board may 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):
 


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.

California Air Resources Board v. Key Disposal, Inc. and John Katangian, Los Angeles Superior Court, Case No. BC650014.

California Air Resources Board v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 18-1085.

California Air Resources Board v. United States Environmental Protection Agency and National Highway Traffic and Safety Administration, United States District Court, District of Columbia Case No. 1:19-cv-00965-CKK.

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.

Friends of Oceano Dunes, Inc. v. California Coastal Commission, et al., San Luis Obispo County Superior Court, Case No. 17CV-0576; U.S. District Court for the Central District of California, Case No. 2:17-cv-8733.

In re Pacific Gas and Electric Company, U.S. Bankruptcy Court, Northern District of California, Case No. 19-30089.

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

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.

Sowinski v. California Air Resources Board, et al., United States District Court for the Northern District of California, No. 3:18-cv-03979-LHK.

State of California v. United States Environmental Protection Agency, United States Court of Appeals, District of Columbia Circuit, Case No. 18-1096.

State of California, et al. v. Chao, et al., United States District Court for the District of Columbia, Case No. 1:19-cv-02826.

State of California, et al. v. David Bernhardt, et al., United States District Court. Northern Distrcit of California, Case No. 3:18-cv-5712-DMR.

State of California, et al. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 18-1114.

State of California, et al., v. United States Environmental Protection Agency, United States District Court, Northern District of California, Case No. 4:18-cv-03237.

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. Andrew Wheeler and the United States Environmental Protection Agency, U.S. District Court, District of Columbia, Case No. 1:18-cv-00773.

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 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 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.

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.

Valero Refining Co. California v. Hearing Board of the Bay Area Air Quality Management District et al., Court of Appeal, First Appellate District, Case No. A151004.

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

The Two Hundred, et al. v. California Air Resources Board, et al
., Fresno County Superior Court, Case No. 18CECG01494.

United States v. California, United States District Court, Eastern District of California, Case No. 2:19-cv-02142-WBS-EFB.

  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

Sacramento Regional Transit
(916) 321-BUSS
www.sacrt.com


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 Clerks' Office no later than noon on the business day prior to the scheduled Board meeting.

For more information contact the Clerks' Office
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 Especial


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.