LOCATION:

Air Resources Board
1001 I Street, 2nd Floor
Byron Sher Auditorium
Sacramento, California 95814
http://www.calepa.ca.gov/EPAbldg/location.htm

PUBLIC MEETING AGENDA

Thursday, October 20, 2011

and 

Friday, October 21, 2011

Webcast 


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


Thursday, October 20, 2011
9:00 a.m.

(Spanish Interpretation Services Available On Thursday Only)
Electronic Board Book
CONSENT CALENDAR:

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 #

Agenda Topic

None.

DISCUSSION ITEMS
:

Note:  The following agenda items may be heard in a different order at the Board meeting. 
Agenda Item #
Agenda Topic
11-8-1
Public Hearing to Consider Adoption of the Proposed California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms Regulation, Including Compliance Offset Protocols
Staff will recommend that the Board take final action to adopt the proposed cap-and-trade regulation.  The regulation was first presented to the Board at a public hearing held on December 16, 2010, at which the Board directed staff to make a number of modifications to the proposed regulation.  The modified cap-and-trade regulation, which includes four compliance protocols, is now being brought back to the Board for final action.  As part of this action, staff is also recommending, pursuant to the California Environmental Quality Act, that the Board approve staff's written responses to public comments received on the environmental analysis for the proposed regulation, and approve a proposed Adaptive Management Plan for the Cap-and-Trade Regulation. 


More Information     Staff Presentation     
11-8-2Public Hearing to Consider Proposed Amendments to the AB 32 Cost of Implementation Fee Regulation
Staff will present to the Board proposed amendments to ARB's existing AB 32 Cost of Implementation Fee Regulation.   The proposed amendments clarify requirements and regulatory language and revise definitions to conform with recently proposed amendments to the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions.
More Information     Staff Presentation

Friday, October 21, 2011
8:30 a.m.

Electronic Board Book
11-8-3Public Meeting to Update the Board on Mandatory Commercial Waste Recycling 
ARB staff, in coordination with CalRecycle staff, will present to the Board an informational update on Assembly Bill (AB) 341, which was recently signed by the Governor.  Because AB 341 is consistent with the requirements of a proposed regulation that was originally scheduled to be considered by the Board at this meeting (the Proposed Regulation to Reduce Greenhouse Gas Emissions by Requiring Mandatory Commercial Waste Recycling), staff believes the proposed regulation is no longer needed and will not be presenting it to the Board for consideration.  Staff from both agencies will instead present this informational update.
More Information     Staff Presentation
11-8-4Public Hearing to Consider Proposed Amendments to the Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate
Staff will present to the Board proposed amendments to the TRU Airborne Toxic Control Measure.  The proposed amendments are designed to improve compliance rates and enforceability, restore competitive fairness, and clarify existing requirements.
More Information     Staff Presentation
11-8-5Public Hearing to Consider 2011 Amendments to the California Reformulated Gasoline Regulations
Staff will present to the Board proposed amendments to the California Reformulated Gasoline Regulations.  The proposed amendments correct drafting errors in the "California Procedures for Evaluating Alternative Specifications for Phase 3 Reformulated Gasoline Using the California Predictive Model," delete outdated regulatory provisions, amend the notification requirements for test-certified alternative gasoline formulations, and amend the restrictions on blending CARBOB with other liquids.  Amendments are also being proposed to increase the flexibility, enforceability, and consistency of the regulations.
More Information     Staff Presentation

  CLOSED SESSION – LITIGATION

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. Sacramento), 
Case No. 2:09-CV-01151-MCE-EFB.

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 Petrochemical & 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.


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.


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

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:

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

ONLINE SIGN-UP:

You can sign up online in advance to speak at the Board hearing 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



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 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 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



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