### TITLES 13 AND 17. CALIFORNIA AIR RESOURCES BOARD

NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION O F PROPOSED

AMENDMENTS TO THE REGULATIONS TO REDUCE EMISSIONS F ROM DIESEL

ENGINES ON COMMERCIAL HARBOR CRAFT OPERATED WITHIN CALIFORNIA

WATERS AND 24 NAUTICAL MILES OF THE CALIFORNIA BASE LINE

The Air Resources Board (ARB or Board) will conduct a public hearing at the time and place noted below to consider the adoption of amend ments to the regulations affecting commercial harbor craft (title 17, California Code of Regulations (CCR) section 93118.5 and title 13, CCR section 2299.5). 1 These amendments will further reduce emissions of diesel particulate matter (PM) and oxides of nitrog en (NO

x ) from diesel engines on commercial harbor craft operating in any California port, roadstead or terminal facility, or within all California inland waters; all California estuarine waters; and within 24 nautical miles, except as otherwise specified in this propos al, of the California baseline (collectively referred to hereinafter as “Regulated California Waters”). The Board adopted regulations affecting Commercial Harbor Cra ft (CHC) on November 17, 2007. These regulations became effective on January 1, 20 09. The primary purpose of the proposed amendments is to require that diesel-fuele d engines on crew and supply, barge, and dredge vessels be subject to in-use engi ne requirements of the CHC regulation (title 17, CCR section 93118.5). The pr oposed amendments also include several additional clarifying and/or editorial amen dments to the CHC regulation. Minor conforming amendments are proposed to the Low Sulfu r Fuel Requirement Regulation for Commercial Harbor Craft (title 13, CCR section 2299.5) to align numbering changes to the CHC regulation.

DATE: June 24, 2010

TIME: 9:00 a.m.

PLACE: California Environmental Protection Agency

Air Resources Board Byron Sher Auditorium, Second Floor

1001 I Street Sacramento, California 95814

This item may be considered at a two-day meeting of the Board, which will commence at 9:00 a.m., June 24, 2010, and may continue at 8: 30 a.m., June 25, 2010. This item may not be considered until June 25, 2010. Please consult the agenda for the meeting, which will be available at least 10 days before Jun e 24, 2010, to determine the day on

which this item will be considered.

1 Title 17, CCR section 93118.5. is known as the Comm ercial Harbor Craft Regulation (CHC regulation) and establishes emission standards, reporting, reco rd keeping, fuel, and monitoring requirements for certain categories of marine vessels. Title 13, CC R section 2299.5 is the corresponding Low Sulfur Fu el Regulation for Commercial Harbor Craft.2

INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY ST ATEMENT

OVERVIEW

Sections Affected : Proposed amendment of title 13, California Code of Regulations (CCR) section 2299.5 and title 17, CCR section 9311 8.5. The following documents would be incorporated in the amendments by referenc e: (1) the following National Oceanic and Atmospheric Administration (NOAA) Nauti cal Chart, as authored by the NOAA Office of Coast Survey: (G) Chart 18740, San Diego to Santa Rosa Island (March 2007); (2) U.S. Environmental Protection Age ncy (U.S. EPA) Tier 2 Nonroad Emission Standards, set forth in Title 40, Code of Federal Regulations (CFR) Part 89.112(a), (as it existed on April 27, 2010); (3) the U.S. EPA Tier 2 Family Emissions Limit set forth in Title 40, CFR Part 89. 112(d), (as it existed on April 27, 2010); (4) U.S. EPA Tier 3 Nonroad Emissi on Standards set forth in Title 40, CFR Part 89.112(a), (as it existed on April 27, 201 0); (5) the U.S. EPA Tier 3 Family Emissions Limit set forth in Title 40, CFR Part 89. 112(d) (as it existed on April 27, 2010); (6) the U.S. EPA Final Tier 4 Nonr oad Emission Standards, set forth in Title 40, CFR section Part 1039.101, (as it existed on April 27, 2010); (7) the U.S. EPA Tier 4 FEL set forth in Title 40, CFR Part 1039.101 (as it existed on April 27, 2010); (8)

the U.S. EPA Interim Tier 4 Nonroad Emission Standa rds, set forth in Title 40, CFR Part 1039.101, (as it existed on April 27, 2010); (9) Th e methods and procedures set forth in Title 40, CFR Parts 94 and 1042 (as they existed on April 27, 2010); and (10) The methods and procedures set forth in Title 40, CFR P arts 89 and 1039 (as they existed on April 27, 2010).

Background : Over 90 percent of Californians breathe unhealth ful air at times. To improve air quality and human health, ARB establish es requirements to reduce

emissions from new and in-use on-road and off-road vehicles, engines, and other sources. The CHC regulation (title 17, CCR section 93118.5) and the corresponding Low Sulfur Fuel Requirement for Commercial Harbor C raft (title 13, CCR section 2299.5) are part of ARB’s ongoing effort to reduce PM and NO

xemissions from dieselfueled engines and vehicles and improve air quality associated with goods movement.

Health and Safety Code (H&SC) sections 43013 and 43 018 direct ARB to adopt standards and regulations that the Board has found to be necessary, cost-effective, and technologically feasible for all mobile source cate gories, including off-road diesel engines and equipment such as marine vessels, throu gh the setting of emission control requirements. Specifically, H&SC 43013 directs ARB to adopt such standards and regulations on marine vessels to the extent permitt ed by federal law.

The California Toxic Air Contaminant Identification and Control Program, established under California law by Assembly Bill 1807 (Stats. 1983, Ch. 1047) and set forth in H&SC sections 39650-39675, requires ARB to identify and control air toxicants in California. In 1998, the Board identified diesel P M as a toxic air contaminant (TAC) with no Board-specified threshold exposure level.3

Following the identification of a substance as a TA C, H&SC section 39665 requires ARB, with participation of the air pollution contro l and air quality management districts (districts) and in consultation with affected sourc es and interested parties, to prepare a report on the need and appropriate degree of regula tion for that substance. Health and Safety Code section 39665(b) requires that this “ne eds assessment” address, among other things, the technological feasibility of prop osed airborne toxic control measures (ATCMs) and the availability, suitability, and rela tive efficacy of substitute products or processes of a less hazardous nature.

A needs assessment for diesel PM was conducted betw een 1998 and 2000, which resulted in ARB’s development of the Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles ( Diesel RRP). The Diesel RRP presented information that identified the available options for reducing diesel PM and

recommended control measures to achieve further red uctions. The scope of the Diesel RRP was broad, addressing all categories of engines , both mobile and stationary.

Once ARB has evaluated the need and appropriate deg ree of regulation for a TAC, H&SC section 39666(c) requires ARB to adopt regulat ions to reduce emissions of the

TAC from nonvehicular sources to the lowest level a chievable through the application of best available control technology (BACT) or a more effective control method, in consideration of cost, risk, environmental impacts, and other specified factors. In developing the proposed amendments, State law also requires an assessment of the appropriateness of substitute products or processes

.

The purpose of this proposed regulatory action is t o reduce emissions of diesel PM and

NO

x from in-use engines on crew and supply, barge and dredge vessels. Diesel PM

emission reductions from commercial harbor craft ar e needed to reduce cancer risk, premature mortality, and other adverse health impac ts from exposure to people who live in the vicinity of California’s major ports and shi pping lanes. The proposed amendments help to achieve the 2020 goals set forth in the 2000 Diesel RRP and the

2006 Emission Reduction Plan for Ports and Goods Mo vement of reducing diesel PM emissions and health risks by 85 percent. Reduction s in diesel PM and NO

x (which forms “secondary” nitrate PM in the atmosphere as w ell as contributes to the formation of ozone) will also assist California in its goal o f achieving and maintaining State and federal air quality standards.

Staff estimates about a 55 percent reduction in die sel PM emissions and a 25 percent

reduction in NO

x

emissions from crew and supply, barge, and dredge vessels due to the proposed amendments in 2025. The proposed amendmen ts will reduce about 275 tons of diesel PM and 3,475 tons of NO

x emissions between 2011 and 2025. These emission reductions will occur in areas along water ways and near ports where environmental justice concerns are especially preva lent.

ARB staff has prepared a Staff Report: Initial Stat ement of Reasons (Staff Report) as part of this rulemaking. Together with the needs a ssessment (i.e., the Diesel RRP), this document serves as a report on the need and appropr iate degree of regulation of diesel4

engines used on in-use crew and supply boats, barge s, and dredges operating in Regulated California Waters.

DESCRIPTION OF THE PROPOSED REGULATORY ACTION

The ARB staff is proposing to amend the CHC regulat ion (title 17, CCR section 93118.5) that the Board adopted on November 17, 200 7, and became effective January 1, 2009. The amendments primarily subject the diesel-fueled engines on crew and supply, barge, and dredge vessels to in-use eng ine requirements in the CHC regulation. Other clarifying and/or editorial amen dments are also included. A more detailed description of the proposed amendments is presented below. Minor amendments to align section numbering are also prop osed to the Low Sulfur Fuel Regulation for Commercial Harbor Craft (title 13, C CR section 2299.5).

Commercial Harbor Craft Regulation (title 17, CCR s ection 93118.5)

Applicability

The proposed amendments would extend the applicabil ity of in-use engine requirements of the CHC regulation to in-use (exist ing) crew and supply, barge, and dredge vessels operating within any of the Regulate d California Waters. Regulated

California Waters include all California inland wat ers, all California estuarine waters, and

all waters within a zone 24 nautical miles seaward of the California coastline, except for specified areas along the Southern California coast line.

Emission Limits

The proposed amendments would require in-use diesel engines on crew and supply, barge, and dredge vessels to meet United States Env ironmental Protection Agency (U.S. EPA) Tier 2 or Tier 3 marine or off-road (non road) engine standards in effect at the time the engine is required to comply under the proposed requirements.

In-Use Vessels

The proposed amendments would require that currentl y unregulated (“Tier 0”) and Tier 1 in-use propulsion and auxiliary engines on crew a nd supply, barge, and dredge vessels meet emission limits equal to or more strin gent than the U.S. EPA engine standards in effect for the year that in-use engine compliance is required under this proposal. Separate compliance schedules are propos ed for crew and supply vessels and for barge and dredge vessels. The compliance s chedules are based on engine model and horsepower and designed to remove the old est, dirtiest engines first.5

Allowing Certified Off-Road or Nonroad Engines to b e used as Auxiliary Engines

The proposed amendments would allow vessel owners/o perators more flexibility to comply with the CHC regulation by allowing currentl y available Tier 2 or higher certified off-road engines to meet the regulatory requirement s for auxiliary engines. Owners/operators may elect to install a Tier 3 (mar ine or off-road) engine on a vessel as a replacement auxiliary engine after Tier 4 marine, interim Tier 4 and final Tier 4 offroad standards are in effect, but only if the engin e being replaced is not a Tier 4 certified engine.

Adding “Swing Engine” Recordkeeping Requirements

The proposed amendments add a definition and report ing and recordkeeping requirements for swing engines. A swing engine is used to replace an existing engine

that has to be removed from service for maintenance or repair. Swing engines would be considered in-use engines and must meet the appl icable in-use engine compliance requirements.

Delete Multipurpose Harbor Craft Definition and Low Use Exemption

The “multipurpose harbor craft” term and definition , and the low use exemption in section (c)(12) have been removed in the proposed a mendments. Instead, language has been added that allows a vessel owner/operator to operate vessel engines for up to 300 hours per year in any single category or combin ation of categories that are subject to in-use requirements. Barge and dredge vessels a re limited to operating less than 80 hours per year to be exempt from the in-use engine compliance.

Special Circumstances to Use Non-CARB Diesel Fuel

The current CHC regulation requires CARB diesel fue l or specific alternative diesel fuel to be used. The proposed amendments would allow th e use of U.S. EPA on-road diesel fuel or U.S. EPA nonroad diesel fuel (after June 1, 2010), in those situations where the vessel operator cannot obtain CARB diesel fuel prio r to operating in Regulated

California Waters.

Deadline for Alternative Control of Emission Plans

The current CHC regulation does not specify the dat e by which a vessel owner/operator

must submit an annual Alternative Control of Emissi on (ACE) Plan. The proposed amendments would require the ACE to be submitted pr ior to or before February 28 of the year the vessel engine compliance is required.6

Out-of-State Vessels Operating in California

The proposed amendments clarify that out-of-state C HC vessel owners/operators must complete an initial report within 30 days of a vess el being brought into California to operate in Regulated California Waters and to submi t a Compliance Plan within 90 days demonstrating how the in-use engine requirements sh all be met. All other applicable requirements of the CHC regulation shall be met upo n initial operation of a vessel in Regulated California Waters.

Replacement Engine Exemption

The current CHC regulation requires that if an engi ne is replaced, the replacement engine must meet the U.S. EPA current model year ma rine engine standards. The proposed amendments provide the vessel owner/operat or an exemption, in specific cases, to install a non-compliant engine if the own er/operator can demonstrate that a suitable engine replacement is not available, or th at a new engine will not operate properly with the existing engines. The Executive Officer must approve any exemption
request.

Allowing the Use of an Available Engine to Replace an Older Engine Subject to In-use Requirements

The proposed amendments would allow, in certain sit uations, an engine that does not meet the Tier 2 or Tier 3 requirements to be used o n a temporary basis. The engine must be within the same fleet, and the original com pliance date of the older, replaced engine must be kept.

Clarification of Requirements Applicable to Newly A cquired Ferry Vessels

The proposed amendments have been reworded to clari fy existing requirements that owners/operators of new ferries having the capacity to transport 75 or more passengers are required to equip diesel propulsion engines tha t meet either Tier 2 or Tier 3 marine standards with BACT. BACT is not required for dies el propulsion engines that are

certified to Tier 4 marine standards.

Compliance Extensions

The proposed amendments would expand the availabili ty of the current compliance extension of subsection (e)(6)(E)4 to allow an owne r to also request a compliance extension in situations where that owner has multip le vessels that are subject to compliance dates of 2011 or 2012 for crew and suppl y, barge, and dredge vessels, similar to the current compliance extension allowed for ferries, excursion vessels, tugboats, towboats, and push boats.7

Exemptions

The proposed amendments would eliminate the exempti on in section (c)(7)(C) of the current CHC regulation. This change will make harb or craft engines registered in the Portable Equipment Registration Program (PERP) or p ermitted by air districts prior to January 1, 2009 subject to the CHC regulation. Thi s amendment aligns the CHC regulation with recent amendments to PERP, making a ll commercial harbor craft vessels, including barge and dredge vessels, subjec t to a single statewide regulation.

Definitions

The proposed amendments revise section (d) of the e xisting regulation by adding several definitions and deleting one to clarify the proposed amended language. Definitions that were added include, “certified non road engine”, “dredge”, “family emission limit”, “permanently affixed to a harbor c raft”, “regulated in-use vessel”, “swing engine”, ”tier 2 off-road or nonroad emission stand ards”, ”tier 3 off-road or nonroad emission standards”, ”tier 4 final off-road or nonr oad emission standards”, ”tier 4 interim

off-road or nonroad emission standards” and deletin g the definition of “multipurpose harbor craft.” The amendments would also update a new chart incorporated by reference in “California Baseline” - “Chart 18740, San Diego to Santa Rosa Island” (March 2007 for April 2005).

Low Sulfur Fuel Requirements for CHC (title 13, CCR section 2299.5)

The proposed amendments to the CHC regulation will change the section numbers that are referenced in the Low Sulfur Fuel Requirement f or CHC regulation. Proposed amendments to section 2299.5, title 13, CCR would a lign section numbers with proposed amendments to section 93118.5, title 17, C CR.

COMPARABLE FEDERAL REGULATIONS

U.S. EPA has already promulgated Tier 3 and Tier 4 standards for new marine and offroad (nonroad) engines. However, no federal standa rds have been promulgated addressing emission reductions from in-use commerci al harbor craft engines. Under federal Clean Air Act (CAA) section 213, U.S. EPA i s without authority to adopt in-use standards for off-road (nonroad) engines, including marine engines. 2

California is the only governmental entity in the U nited States authorized by the CAA, in the first instance, to adopt emission requirements for in-use off-road engines. 3

Section 209(e)(1) of the CAA conclusively preempts states, including California, from adopting requirements for new off-road engines less than 175 horsepower that are used in farm or construction equipment. However, the pr oposed amendments address off-

2 The California term “off-road” and the federal term “nonroad” refer to the same sources and are used interchangeably.

3 See Engine Manufacturers Association v. U.S. EPA (D.C. Cir. 1996) 88 F.3d 1075, 1089-1091.8

road engines used in marine vessels, rather than th ose used in farm or construction equipment. Under section 209(e)(2), California may adopt and enforce emission standards and other requirements for off-road engin es and equipment not conclusively preempted by section 209(e)(1), so long as Californ ia applies for and receives

authorization from the Administrator of U.S. EPA.

AVAILABILITY OF DOCUMENTS AND AGENCY CONTACT PERSON S

The Board staff has prepared a Staff Report: Initia l Statement of Reasons (ISOR) for the proposed regulatory action, which includes a su mmary of the economic and environmental impacts of the proposed regulatory am endments and which also describes the basis of the proposed action in more detail. The Staff Report is entitled, “Staff Report: Initial Statement of Reasons for the Proposed Rulemaking – Proposed Amendments to the Regulations to Reduce Emissions f rom Diesel Engines on Commercial Harbor Craft Operated Within California Waters and 24 Nautical Miles of

the California Baseline.”

Copies of the ISOR with the full text of the propos ed regulatory language may be accessed on the ARB’s website listed below, or may be obtained from the Public Information Office, Air Resources Board, 1001 I Str eet, Visitors and Environmental Services Center, First Floor, Sacramento, Californi a 95814, (916) 322-2990 at least 45 days prior to the scheduled hearing on June 24, 2010.

Upon its completion, the Final Statement of Reasons (FSOR) will be available and copies may be requested from the agency contact per sons in this notice, or may be

accessed on the ARB’s website listed below.

Inquiries concerning the substance of the proposed regulation may be directed to the designated agency contact persons, Todd Sterling, A ir Pollution Specialist, at (916) 445-1034, or Carolyn Suer, Staff Air Pollutio n Specialist in the Control Strategies Section, at (916) 327-5985.

Further, the agency representative and designated b ack-up contact persons to whom nonsubstantive inquiries concerning the proposed ad ministrative action may be directed are Lori Andreoni, Manager, Board Administration & Regulatory Coordination Unit, (916) 322-4011, and Amy Whiting, Regulations Coordi nator, (916) 322-6533. The Board has compiled a record for this rulemaking act ion, which includes all the information upon which the proposal is based. This material is available for inspection upon request to the contact persons.

This notice, the Staff Report, and all subsequent r egulatory documents, including the FSOR, when completed, are also available on the ARB website for this rulemaking at http://www.arb.ca.gov/regact/2010/chc10/chc10.htm

.9

COSTS TO PUBLIC AGENCIES AND TO BUSINESSES AND PERS ONS AFFECTED

Costs to Businesses and Private Individuals

The determinations of the Board's Executive Officer concerning the costs or savings necessarily incurred by public agencies and private persons and businesses in reasonable compliance with the proposed amendments are presented below.

The total regulatory cost of compliance with the pr oposed amendments to the CHC regulation is expected to be about $15 million in 2 009 expenditure-equivalent dollars (2009 dollars). Regulatory costs are the estimated costs resulting from the proposed amendments taking into consideration the residual v alue of the in-use engine being replaced, the residual value of the most recent eng ine rebuild work, recordkeeping and reporting costs, and the time value of money associ ated with the early engine replacement. These costs would be spread over the years 2011 to 2022. On an annual basis, the cost would vary between approximately $1 78,000 and $2.7 million per year, averaging about $1.3 million per year. Approximate ly 60 percent of the compliance costs will be incurred by the crew and supply boat fleets and 40 percent by the barge and dredge fleets.

New equipment costs are the total out-of-pocket cos ts of complying with the regulation, not taking into consideration the remaining useful life of the engine being replaced. New equipment costs are estimated to be approximately $ 46 million (2009 dollars) spread over the years 2011 to 2022, with an average annual cost of about $3.9 million. Specifically, the new equipment costs for purchasin g and installing a new engine – are costs that the vessel owner would eventually pay, b ut the proposed amendments require this service to be performed earlier than n ormal.

Staff estimates the cost-effectiveness of the propo sed amendments in terms of dollars per pound of PM emission reduction to be about $35 per pound (2009 dollars) if all the total annualized cost is attributed solely to the P M reduction. Since the proposal would

also result in NO

x

emission reductions, staff also evaluated cost-eff ectiveness by attributing half the total annualized cost to the P M emission reductions and half to the

NO

x emission reductions. The resulting cost-effective ness values using the latter method are about $17 per pound of PM and $2,700 per ton of NO

x . These values are based on the cost of regulatory compliance.

California businesses are affected by the proposed annual cost of the amendments to the extent that the implementation of the proposed amendments reduces their profitability. Overall, most affected businesses w ill be able to absorb the costs of the proposed amendments with no significant adverse imp acts on their profitability. This finding is based on the staff’s analysis of the est imated change in “return on owner’s equity” (ROE). Dun and Bradstreet financial data w ere used for the analysis, when available, to determine the change in ROE for typic al businesses from each industry category. The staff found that the average overall change in ROE was a 0.95 percent10

decline. This range in ROE reduction is not consid ered to represent a significant impact on profitability. Because the proposed amendments would not alter significantly the profitability of most businesses, we do not expect a noticeable change in employment, business creation, elimination, or expansion, and b usiness competitiveness in California for these industries. The change in ROE is expecte d to be larger for a small business.

The Executive Officer has made an initial determina tion that the proposed regulatory action will not have a significant statewide advers e economic impact directly affecting businesses, including the ability of California bus inesses to compete with businesses in other states, or on representative private persons based on the estimated change in

ROE. A number of businesses are integrally linked to Cal ifornia ports. However, we do not believe that the added costs of the proposed am endments are high enough for crew and supply, barge, and dredge vessel operators to c onsider alternate ports outside of California. The ARB staff has considered proposed alternatives and evaluated the economic impact on businesses.

Alternatives that staff considered are described in more detail in the Staff Report.

In accordance with Government Code section 11346.3, the Executive Officer has determined that the proposed regulatory action may affect the creation or elimination of jobs within the State of California, the creation o f new businesses or elimination of existing businesses within the State of California, or the expansion of businesses currently doing business within the State of Califo rnia. Some businesses that provide vessel repower services could expand due to the vol ume of business created by the regulatory requirements. A detailed assessment of the economic impacts of the proposed regulatory action can be found in the Staf f Report.

The Executive Officer has also determined, pursuant to title 1, CCR, section 4, that the proposed regulatory action would affect small busin esses.

In accordance with Government Code sections 11346.3 (c) and 11346.5(a)(11), the Executive Officer has found that the reporting requ irements of the proposed amended regulation which apply to businesses are necessary for the health, safety, and welfare of the people of the State of California.

In accordance with Health and Safety Code sections 43013(a) and (b), the Executive

Officer has determined that the standards and other requirements in the proposed amended regulation are necessary, cost-effective, a nd technologically feasible for diesel engines on all commercial harbor craft and specific ally crew and supply, barge, and dredge vessels operated within Regulated California Waters.

Before taking final action on the proposed regulato ry action, the Board must determine that no reasonable alternative considered by the Bo ard or that has otherwise been identified and brought to the attention of the Boar d would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the pro posed action.11

Costs to Local and State Government Agencies

Pursuant to Government Code sections 11346.5(a)(5) and 11346.5(a)(6), the Executive Officer has determined that the proposed regulatory action would create costs to one State agency, one federal agency, and two local age ncies. The California Department of Parks and Recreation operates two crew and suppl y vessels service Angel Island in the San Francisco Bay area and would be impacted by the in-use engine requirements. Regulatory cost to this state agency is estimated t o be about $60,000. Barge and dredge vessels are owned and operated by two local agencies in Santa Cruz and Monterey and by the federal agency, the United Stat es Army Corps of Engineers. The estimated regulatory costs range from approximately $1,900 to $45,000 over the life of the regulation for these agencies that operate barg e and dredge vessels. ARB may incur an additional cost of less than $200,000 per year for implementation and enforcement beginning in 2011. The Executive Offic er has also determined that the proposed regulatory action would not create savings to any State agency or in federal funding to the State, costs or mandate to any local agency or school district, whether or not reimbursable by the State pursuant to Governmen t Code, title 2, division 4, part 7 (commencing with section 17500), or other nondiscre tionary cost or savings to State or local agencies.

In developing this regulatory proposal, ARB staff e valuated the potential economic impacts on representative private persons or busine sses. The ARB is not aware of any cost impacts that a representative private person o r business would necessarily incur in reasonable compliance with the proposed action.

A detailed assessment of the economic impacts of th e proposed regulatory action can be found in the Staff Report.

SUBMITTAL OF COMMENTS

Interested members of the public may also present c omments orally or in writing at the meeting, and comments may be submitted by postal ma il or by electronic submittal before the meeting. The public comment period for this regulatory action will begin on May 10, 2010. To be considered by the Board, writt en comments, not physically submitted at the meeting must be submitted on or af ter May 10, 2010 and received no later than 12:00 noon, Pacific Standard Time, June 23, 2010, and must be addressed to the following:

Postal mail: Clerk of the Board, Air Resources Bo ard

1001 I Street, Sacramento, California 95814

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

Please note that under the California Public Record s Act (Gov. Code, § 6250 et seq.), your written and oral comments, attachments, and as sociated contact information (e.g.,12

your address, phone, email, etc.) become part of th e public record and can be released to the public upon request. Additionally, this inf ormation may become available via Google, Yahoo, and any other search engines.

The Board requests, but does not require, that 20 c opies of any written statement be

submitted and that all written statements be filed at least 10 days prior to the hearing so that ARB staff and Board members have time to fully consider each comment. The Board encourages members of the public to bring to the attention of staff in advance of the hearing any suggestions for modification of the proposed regulatory action.

STATUTORY AUTHORITY AND REFERENCES

This regulatory action is proposed under the author ity granted to ARB in Health and Safety Code sections 39600, 39601, 39650, 39658, 39 659, 39666, 41511, 43013, and 43018. This action is proposed to implement, inter pret, or make specific Health and Safety Code sections 39000, 39001, 39515, 39516, 39 650, 39658, 39659, 39666, 41510, 41511, 43013, 43016, and 43018; and Western Oil and Gas Ass’n v. Orange County Air Pollution Control District , 14 Cal.3rd 411, 121 Cal.Rptr. 249 (1975).

HEARING PROCEDURES

The public hearing will be conducted in accordance with the California Administrative Procedure Act, title 2, division 3, part 1, chapter 3.5 (commencing with §11340) of the

Government Code.

Following the public hearing, the Board may adopt t he regulatory language as originally proposed, or with non-substantial or grammatical mo difications. The Board may also adopt the proposed regulatory language with other m odifications if the text as modified is sufficiently related to the originally proposed text that the public was adequately placed on notice that the regulatory language as mo dified could result from the proposed regulatory action. In the event that such modifications are made, the full regulatory text, with the modifications clearly ind icated, will be made available to the public for written comment at least 15 days before it is adopted.

The public may request a copy of the modified regul atory text from ARB’s Public Information Office, Air Resources Board, 1001 I Str eet, Visitors and Environmental Services Center, First Floor, Sacramento, Californi a, 95814, (916) 322-2990.

To request a special accommodation or language need s for any of the following:

• An interpreter to be available at the hearing.

• Have documents available in an alternate format (i .e. Braille

, Large print) 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 th an 10 business days before the13

scheduled Board hearing. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service.

Para solicitar alguna comodidad especial o necesida d de otro idioma para alguna de las siguientes:

• Un intérprete que esté disponible en la audiencia

• Tener documentos disponibles en un formato alterno (por decir, sistema Braille, o en impresión grande) u otro idioma.

• Una acomodación razonable relacionados con una inc apacidad.

Por favor llame a la oficina del Secretario del Con sejo 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 teléfon os TDD pueden marcar al 711.

CALIFORNIA AIR RESOURCES BOARD

James N. Goldstene

Executive Officer

Date: April 27, 2010

The energy challenge facing California is real. Ev ery Californian needs to take immediate action to r educe energy consumption. For a list of simple ways you can red uce demand and cut your energy costs see our Websit e at
www.arb.ca.gov

.