LOCATION:

South Coast Air Quality Management District Office
Auditorium
21865 Copley Drive
Diamond Bar, California 91765-4182

PUBLIC MEETING AGENDA

September 24 & 25, 2009

WEBCAST

Electronic Board Book

This facility is accessible by public transit. For transit information, call: (800) 743-3463, http://www.foothilltransit.org/ (This facility is accessible to persons with disabilities.)

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September 24, 2009
9:00 a.m.

DAY-ONE

Agenda Item #

 Agenda Topic
09-8-3: Public Meeting to Consider a Report on Staff’s Recommended Area Designations for the 2008 Federal Lead Standard
Staff will present its recommended area designations for the 2008 federal lead standard of 0.15 ug/m3.  The Air Resources Board (ARB or Board) must submit these recommendations to the United States Environmental Protection Agency by October 15, 2009.
More Information   
09-8-6: Public Meeting to Consider Appointment of Replacement Member to AB 32 ETAAC
Staff will ask the Board to approve the appointment of a new member to the Economic and Technology Advancement Advisory Committee.  A member, representing the California Chamber of Commerce, has resigned from the Committee and staff will recommend filling this seat, effective immediately, by appointing Mr. Marc Burgat, of the California Chamber of Commerce.

More Information   
 09-8-2: Public Meeting to Present to the Board a Draft Report on Planned Air Pollution Research, FY 2009-2010
Staff will present a draft report, “Planned Air Pollution Research for Fiscal Year 2009-2010,” to the Board and recommend its approval.  The draft report provides a portfolio of research concepts to guide ARB’s extramural research program.  This research portfolio supports key policy and regulatory drivers: Health Effects and Exposure, Climate Change, and State Implementation Plan Support.  If the Board approves the Plan, staff will bring the proposed concepts to future Board meetings for approval as fully designed research proposals.
  More Information    Staff Presentation   
09-8-9: Public Meeting to Update the Board on ARB’s Plan to Hold a Workshop on its Enforcement Program
The Executive Officer will report back to the Board on staff’s plan to conduct outreach and hold a workshop on ARB’s enforcement program.  The workshop is scheduled to be held on October 12, 2009, from 1:00 pm to 5:00 pm, in the Byron Sher Auditorium of the Cal/EPA Headquarters Building.
More Information   
09-8-4:Public Hearing to Consider Adoption of Proposed Amendments to the California Consumer Products Regulations
Staff will present proposed amendments to the existing Consumer Products Regulation that would establish volatile organic compound limits for three product categories.  Minor modifications are also proposed to clarify requirements and/or enhance enforceability.
More Information   Staff Presentation
09-8-7:Public Hearing to Consider Proposed Amendments to New Passenger Motor Vehicle Greenhouse Gas Emission Standards
Staff will present proposed amendments to California’s regulations to control greenhouse gas emissions from new light-duty vehicles.  The amendments would allow manufacturers to demonstrate compliance based on a combined sales of California-certified vehicles in California and all other states that have adopted California’s greenhouse gas regulations.  The proposed amendments would also allow manufacturers to demonstrate compliance with the California greenhouse gas requirements by submitting test data from the federal Corporate Average Fuel Economy program.
More Information   Staff Presentation
09-8-8:Public Meeting to Consider Adoption of the Climate Action Reserve Updated Forest Project Protocol for Greenhouse Gas Accounting
Staff will recommend adoption of the updated Climate Action Reserve Forest Project Protocol (version 3.0) for greenhouse gas accounting for emission reduction projects.  The Protocol is the result of almost two years of work with considerable stakeholder involvement to update the previously-adopted forest protocols in order to encourage greater participation in forest projects. 
More Information   Staff Presentation

September 25, 2009
8:30 a.m.

DAY-TWO

09-6-5:CONTINUED FROM THE JUNE 25, 2009 BOARD MEETING:  Public Hearing to Consider Adoption of a Proposed AB 32 Cost of Implementation Fee Regulation and Proposed Amendment to the Existing Regulation for the Mandatory Reporting of Greenhouse Gas Emissions
The Board will conduct a continuation of a public hearing to consider adopting a regulation to assess fees on sources of greenhouse gas emissions and an amendment to the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions.  The revenue from these fees would be used for the purpose of carrying out the California Global Warming Solutions Act of 2006 (AB 32, Stats. 2006; Ch. 488; Health and Safety Code sections 38500 et seq.).
More Information   Staff Presentation
09-8-5:Public Meeting to Consider Staff Recommendations to Provide Further Locomotive and Railyard Emissions Reductions
Staff will present specific recommendations to provide further locomotive and railyard emissions and risks reductions beyond those expected from existing United States Environmental Protection Agency and ARB regulations and agreements.
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 litigation:

Central Valley Chrysler-Jeep, Inc. et al. v. Goldstene, U.S. Court of Appeals, Ninth Circuit, No. 08-17378 on appeal from U.S. District Court (E.D. Cal. - Fresno).

Fresno Dodge, Inc. et al. v. California Air Resources Board et al., Superior Court of California (Fresno County), Case No. 04CE CG03498.

General Motors Corp. et al. v. California Air Resources Board et al., Superior Court of California (Fresno County), Case No. 05CE CG02787.

Green Mountain Chrysler-Plymouth-Dodge-Jeep, et al. v. Crombie, 508 F.Supp.2d 295, U.S. District Court Vermont (2007), appeal to U.S. Court of Appeals, Second Circuit,
Nos. 07-4342-cv(L) and 07-4360-cv(CON).

California Business Properties Association, et al. v. California Air Resources Board, et al., Superior Court of California (Sacramento), Case No. 34-2009-80000232.

Pacific Merchant Shipping Association v. Goldstene, U.S. District Court, EDCA, Case No. 2:09-CV-01151-MCE-EFB.

American Trucking Association, et al. v. U.S. Environmental Protection Agency, et al., U.S. Court of Appeals, District of Columbia Circuit, Case No. 09-1090.

Yamaha Motor Corporation, USA v. James Goldstene, et al., Superior Court of California (San Diego County), Case No. 37-2009-00094919-CU-MC-CTL.

   

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.

THE AGENDA ITEMS LISTED ABOVE MAY BE CONSIDERED IN A DIFFERENT ORDER AT THE BOARD MEETING.  BOARD ITEMS NOTED ABOVE WHICH ARE NOT COMPLETED ON SEPTEMBER 24, WILL BE HEARD ON SEPTEMBER 25 BEGINNING AT 8:30 A.M.



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