Enclosure III 

ARB Hearing Transcript 
 

 MEETING 

 

 STATE OF CALIFORNIA 

 AIR RESOURCES BOARD 

 

 

 

 

 JOE SERNA, JR. BUILDING 

 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY 

 BYRON SHER AUDITORIUM, SECOND FLOOR 

 1001 I STREET 

 SACRAMENTO, CALIFORNIA 

 

 

 

 THURSDAY, NOVEMBER 18, 2010 

 9:00 A.M. 

 

 

 

 

 TIFFANY C. KRAFT, CSR 

 CERTIFIED SHORTHAND REPORTER 

 LICENSE NUMBER 12277 

 

 

 

 

 
 

 APPEARANCES 

 

 

 

 BOARD MEMBERS 

 Ms. Mary Nichols, Chairperson 

 Dr. John R. Balmes 

 Ms. Sandra Berg 

 Ms. Doreene D'Adamo 

 Ms. Lydia Kennard 

 Mrs. Barbara Riordan 

 Mr. Ron Roberts 

 Dr. Daniel Sperling 

 Dr. John G. Telles 

 Mr. Ken Yeager 

 

 STAFF 

 Mr. James Goldstene, Executive Officer 

 Ms. La Ronda Bowen, Ombudsman 

 Mr. Tom Cackette, Chief Deputy Executive Officer 

 Mr. Bob Fletcher, Deputy Executive Officer 

 Ms. Ellen Peter, Chief Counsel 

 Ms. Lynn Terry, Deputy Executive Officer 

 Ms. Mary Alice Morency, Board Clerk 

 

 Mr. Nicholas Berger, Staff, Technical Evaluation Section, 

 SSD 

 

 

 

 
 

 APPEARANCES CONTINUED 

 

 

 STAFF 

 

 Mr. Rodney Hill, Staff Air Pollution Specialist, Process 

 Evaluation Section, SSD 

 

 Mr. Wes Ingram, Alternative Fuels Section, SSD 

 

 Mr. Todd Sax, Chief, Mobile Source Analysis Branch, PTSD 

 

 

 

 

 

 ALSO PRESENT 

 

 Mr. Will Barrett, ALA 

 

 Ms. Nidia Bautista, Coalition for Clean Air 

 

 Mr. Peter Bransfield, Rypos, Incorporated 

 

 Mr. Luke Breit, Forests Forever 

 

 Mr. Hank de Carbonel, CA Pumpers 

 

 Mr. Luis Cabrales, Coalition for Clean Air 

 

 Mr. William Davis, Southern California Contractors 

 Association 

 

 Mr. Todd Ellis, Imperium Renewables 

 

 Mr. Michael Endicott, Sierra Club California 

 

 Mr. D. Douglas Fratz, Consumer Specialty Products 

 Association 

 

 Mr. Pedro Guzman, Clean Carwash 

 

 Mr. Henry Hogo, SCAQMD 

 

 Ms. Bonnie Holmes-Gen, ALA 

 

 Mr. Gregory Johnson, Sherwin Williams 

 

 Mr. Joseph Kubsh, Manufacturers of Emission Control 

 Association 
 

 APPEARANCES CONTINUED 

 

 ALSO PRESENT 

 

 Ms. Barbara Losey, APE Research Council 

 

 Mr. James Lyons, Sierra Research 

 

 Mr. Dan Miller, Save Mart 

 

 Mr. Larry Milton, 21 Eagle 

 

 Mr. Simon Mui, NRDC 

 

 Mr. Brian Nowicki, Center for Biological Diversity 

 

 Ms. Betty Plowman, CDTOA 

 

 Senator Richard Polanco, Rypos Incorporated 

 

 Mr. Doug Raymond, National Aerosol Association, Radiator 

 Specialty, CRC, Ecolab 

 

 Ms. Catherine Reheis-Boyd, WSPA 

 

 Mr. Ralph Schulhe, 21 Eagle 

 

 Mr. Matt Scrap, California Trucking Association 

 

 Mr. Tom Sem, Proventia Emission Control 

 

 Mr. John Shears, CEERT 

 

 Mr. Mik Skvarla, Lucas Associates 

 

 Mr. Patrick Smith, Harris Ranch 

 

 Mr. Mike Shuemake, CVTR 

 

 Mr. Bob Sweger, Stoner, Incorporated 

 

 Mr. Mike Tunnell, American Trucking Association 

 

 Dr. Barry Wallerstein, SCAQMD 

 

 Ms. Morgan Wyenn, NRDC 

 

 Mr. Joseph Yost, Consumer Specialty Products Association 

 

 Mr. Harry Zechman, Stoner, Incorporated 
 

 INDEX 

 

 

 Page 

 

 Item 10-10-1, 10-10-2, 10-10-4 12 

 Motion 12 

 Vote 12 

 

 Item 10-10-6 

 Chairperson Nichols 12 

 Executive Officer Goldstene 13 

 Staff Presentation 13 

 Board Q&A 24 

 Mr. Kubsh 31 

 Mr. Sem 33 

 Mr. Smith 34 

 Mr. Miller 35 

 Mr. Shuemake 36 

 Mr. Milton 38 

 Senator Polanco 41 

 Mr. Bransfield 43 

 Mr. Skvarla 46 

 Mr. Schrap 46 

 Mr. Schulhe 49 

 Mr. Tunnell 52 

 Motion 67 

 Vote 67 

 

 Item 10-10-7 

 Chairperson Nichols 67 

 Executive Officer Goldstene 68 

 Staff Presentation 69 

 Mr. Yost 89 

 Mr. Fratz 92 

 Mr. Johnson 94 

 Dr. Wallerstein 96 

 Mr. Zechman 97 

 Mr. Sweger 98 

 Mr. Raymond 100 

 Ms. Wyenn 101 

 Ms. Losey 102 

 Mr. Cabrales 106 

 Mr. Guzman 108 

 Motion 110 

 Vote 110 

 

 

 

 
 

 INDEX CONTINUED 

 

 

 Page 

 

 Item 10-10-9 

 Chairperson Nichols 112 

 Executive Officer Goldstene 114 

 Staff Presentation 115 

 Board Q&A 139 

 Mr. Hogo 145 

 Dr. Wallerstein 148 

 Ms. Wyenn 150 

 Mr. de Carbonel 152 

 Mr. Lee 154 

 Ms. Plowman 155 

 Mr. Lyons 158 

 Mr. Davis 160 

 Ms. Holmes-Gen 163 

 Ms. Bautista 165 

 

 Item 10-10-8 

 Chairperson Nichols 177 

 Executive Officer Goldstene 178 

 Staff Presentation 179 

 Ms. Reheis-Boyd 191 

 Mr. Ellis 194 

 Mr. Barrett 196 

 Mr. Shears 198 

 Ms. Bautista 200 

 Mr. Mui 201 

 Q&A 203 

 Vote 218 

 

 Public Comment 

 Mr. Breit 218 

 Mr. Endicott 220 

 Mr. Nowicki 222 

 

 Adjournment 225 

 Reporter's Certificate 226 

 

 

 

 

 

 

 

 
 1 

 1 PROCEEDINGS 

 2 CHAIRPERSON NICHOLS: Welcome, everybody. We are 

 3 pleased to welcome you to the November 18th, 2010, public 

 4 meeting of the Air Resources Board. 

 5 And I will ask you to come to order, please. 

 6 We customarily begin our meeting by saying the 

 7 Pledge of Allegiance to the flag, so if you could please 

 8 rise and join me, I would appreciate it. 

 9 (Thereupon the Pledge of Allegiance was 

 10 Recited in unison.) 

 11 CHAIRPERSON NICHOLS: Thank you. 

 12 The Clerk will please call the roll. 

 13 BOARD CLERK MORENCY: Dr. Balmes? 

 14 BOARD MEMBER BALMES: Here. 

 15 BOARD CLERK MORENCY: Ms. Berg? 

 16 Ms. D'Adamo? 

 17 BOARD MEMBER D'ADAMO: Here. 

 18 BOARD CLERK MORENCY: Ms. Kennard? 

 19 BOARD MEMBER KENNARD: Here. 

 20 BOARD CLERK MORENCY: Mayor Loveridge? 

 21 Mrs. Riordan? 

 22 BOARD MEMBER RIORDAN: Here. 

 23 BOARD CLERK MORENCY: Supervisor Roberts? 

 24 BOARD MEMBER ROBERTS: Here. 

 25 BOARD CLERK MORENCY: Professor Sperling? 
 2 

 1 BOARD MEMBER SPERLING: Here. 

 2 BOARD CLERK MORENCY: Dr. Telles? 

 3 BOARD MEMBER TELLES: Present. 

 4 BOARD CLERK MORENCY: Supervisor Yeager? 

 5 BOARD MEMBER YEAGER: Here. 

 6 BOARD CLERK MORENCY: Chairman Nichols? 

 7 CHAIRPERSON NICHOLS: Here. 

 8 BOARD CLERK MORENCY: Madam Chair, we have a 

 9 quorum. 

 10 CHAIRPERSON NICHOLS: Thank you very much. 

 11 I need to make the announcements about the 

 12 logistics here. 

 13 In case there is anyone who's planning to speak 

 14 who has not yet signed up and isn't familiar with our 

 15 procedures, we have a table outside the auditorium and you 

 16 can fill out a card. We appreciate it so we know how many 

 17 speakers we need to accommodate. 

 18 We will impose during the regular comment period 

 19 a three-minute time limit and ask people to just state 

 20 their name when they come up to the podium. And if you 

 21 have written comments, please submit them in writing and 

 22 just summarize them when you speak so we can save time. 

 23 And we can all learn better from reading than we can from 

 24 listening. 

 25 For safety reasons, I would appreciate it if you 
 3 

 1 would note the exits, the signs at the back of the room. 

 2 In the event of a fire alarm, we are required to exit this 

 3 room immediately, go down stairs, and out of the building 

 4 until the all-clear signal is given. 

 5 I think that's it as far as housekeeping is 

 6 concerned. 

 7 And we do have a number of items on our agenda 

 8 today, but before we get to them, I want to take just a 

 9 couple of minutes. It's been an amazing week for us with 

 10 the Governor's third climate summit taking place at U.C. 

 11 Davis in addition to meetings of ICAP, the International 

 12 Carbon Group, and the Western Climate Initiative. And I 

 13 think it's fair to say that the focus has been on 

 14 California this week for many reasons; obviously, the 

 15 results of the November election and the very large 

 16 victory for the no on 23, of course, has generated a lot 

 17 of excitement. Some people are immediately spinning it as 

 18 signs that California is about to fall into the ocean and 

 19 we've really taken leave of our senses. 

 20 But I think the greater majority of people who 

 21 commented on this have recognized that what happened here 

 22 was not necessarily a vote of endorsement for any 

 23 particular policy but a rejection of a campaign that was 

 24 designed to reverse or completely deviate efforts that 

 25 California has been making for many years to make our 
[Pages 4-10 of the transcript contain the remarks from Chairman Nichols on 

Governor Schwarzenegger’s Global Climate Summit 3, and at the Chairman’s 

request, from Messrs. Noel de Tilly, Steve Anderson, and Tim Leslie on 

international climate change policies and actions. 

The pages are available at: http://www.arb.ca.gov/board/mt/2010/mt111810.pdf.] 
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 1 closer and closer to reality, it gives us and our staff an 

 2 opportunity to look at what else can we do to make sure 

 3 that the MOU and our actions to address climate change are 

 4 truly regional and not just focused on a few sectors of 

 5 our economy. 

 6 We made significant progress on the mechanics of 

 7 the emissions tradings systems and have moved forward in 

 8 the area of offsets. As well, we continue to expand our 

 9 discussions with the Regional Greenhouse Gas Initiative, 

 10 some members of which were able to join us here in 

 11 California as well. So the collaboration is continuing to 

 12 expand and I think pay off, driven by your leadership and 

 13 our Governors and Premieres. I thank you for that and the 

 14 opportunity today. 

 15 CHAIRPERSON NICHOLS: Thank you for joining us 

 16 this morning. 

 17 Would any of the Board members like to ask any 

 18 questions of this group? Just nod. 

 19 Thank you for being here. And we will continue 

 20 to get reports from James as to the progress that's going 

 21 on here. 

 22 I get asked questions all the time about whether 

 23 any of this stuff is real. People can say yes, it's real. 

 24 Thank you. 

 25 Okay. Our first item of business here is a 
 12 

 1 consent calendar. We have several different items that 

 2 are on the consent where we had no indication of anybody 

 3 wishing to speak on these items and no particular 

 4 controversy. And I told the staff not to make a 

 5 presentation. But if any Board member has a question, 

 6 they're certainly welcome to raise it. 

 7 So we have the PM10 implementation and 

 8 maintenance plan and redesignation request for Sacramento 

 9 County. We have the approval of proposed Imperial County 

 10 8-hour ozone modified Air Quality Management Plan 2009 

 11 SIP. And we have two research proposals all in front of 

 12 us. 

 13 Is there any discussion on any of these items? 

 14 If not, I think I can ask for a motion to move 

 15 all three of them at the same time. 

 16 BOARD MEMBER RIORDAN: So moved. 

 17 BOARD MEMBER BERG: So moved. 

 18 BOARD MEMBER ROBERTS: Second. 

 19 CHAIRPERSON NICHOLS: Thank you very much. We'll 

 20 take care of those. 

 21 That moves us to the proposed amendment of the 

 22 ATCM for in-use diesel fuel ACTM TRU. We're talking about 

 23 airborne toxic control measures for transport 

 24 refrigeration units. Staff is proposing three amendments 

 25 to this regulation. These proposed amendments address two 
[Pages 13–224 of the transcript records the balance of the Board hearing as 

specified in the Index of the transcript. These pages are available at: 

http://www.arb.ca.gov/board/mt/2010/mt111810.pdf.] 
 225 

 1 (Thereupon the California Air Resources 

 2 Board meeting adjourned at 4:17 p.m.) 

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 226 

 1 CERTIFICATE OF REPORTER 

 2 I, TIFFANY C. KRAFT, a Certified Shorthand 

 3 Reporter of the State of California, and Registered 

 4 Professional Reporter, do hereby certify: 

 5 That I am a disinterested person herein; that the 

 6 foregoing hearing was reported in shorthand by me, 

 7 Tiffany C. Kraft, a Certified Shorthand Reporter of the 

 8 State of California, and thereafter transcribed into 

 9 typewriting. 

 10 I further certify that I am not of counsel or 

 11 attorney for any of the parties to said hearing nor in any 

 12 way interested in the outcome of said hearing. 

 13 IN WITNESS WHEREOF, I have hereunto set my hand 

 14 this 2nd day of December, 2010. 

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 22 TIFFANY C. KRAFT, CSR 

 23 Certified Shorthand Reporter 

 24 License No. 12277 

 25