MEETING

STATE OF CALIFORNIA

AIR RESOURCES BOARD

CAL/EPA HEADQUARTERS

BYRON SHER AUDITORIUM

SECOND FLOOR

1001 I STREET

SACRAMENTO, CALIFORNIA

THURSDAY, MAY 21, 2015

9:05 A.M.

JAMES F. PETERS, CSR

CERTIFIED SHORTHAND REPORTER

LICENSE NUMBER 10063

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A P P E A R A N C E S

BOARD MEMBERS:

Ms. Sandra Berg, Acting Chairperson

Dr. John Balmes

Mr. Hector De La Torre

Mr. John Eisenhut

Ms. Judy Mitchell

Mrs. Barbara Riordan

Supervisor Phil Serna

Dr. Alexander Sherriffs

Professor Daniel Sperling

STAFF:

Mr. Richard Corey, Executive Officer

Dr. Alberto Ayala, Deputy Executive Officer

Ms. Edie Chang, Deputy Executive Officer

Mr. Kurt Karperos, Deputy Executive Officer

Ms. Ellen Peter, Chief Counsel

Ms. La Ronda Bowen, Ombudsman

Ms. Analisa Bevan, Assistant Chief, ECARS

Mr. Joshua Cunningham, Branch Chief, Sustainable 

Transportation Technology Branch, ECARS

Mr. Nesamani Kalandiyur, Manager, Transportation Analysis 

Section, AQPS

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A P P E A R A N C E S C O N T I N U E D

STAFF:

Ms. Elise Keddie, Manager, ZEV Implementation Section

Ms. Annette Hebert, Chief, ECARS

Ms. Christina Morkner Brown, Assistant Chief Counsel

Ms. Karen Magliano, Chief, Air Quality Planning and 

Science Division

Terry Roberts, Manager, Sustainable Communities Policy & 

Planning Section, AQPS

Mr. Webster Tasat, Manager, Central Valley Air Quality 

Planning Branch, AQPS

Mr. Jon Taylor, Chief, Transportation Planning Branch, 

AQPS

Ms. Sylvia Vanderspek, Chief, Air Quality Planning Branch, 

AQPS

Ms. Patricia Velasco, Staff Air Pollution Specialist

Mr. Daniel Whitney, Staff Counsel

Mr. Mark Williams, Air Pollution Specialist, ECARS

ALSO PRESENT:

Mr. Clinton Blair, Jaguar Land Rover

Mr. John Caldwell, Cal Electric Trans Coalition

Mr. Andy Chesley, San Joaquin Council of Governments

Mr. Jamie Hall, CalStart

Mr. Henry Hogo, South Coast Air Quality Management 

District

Carey Knecht, Climate Plan

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A P P E A R A N C E S C O N T I N U E D

ALSO PRESENT:

Mr. Bill Magavern, Coalition for Clean Air

Mr. Ken Morgan, Tesla Motors

Mr. Simon Mui, Natural Resources Defense Council

Ms. Elaine O'Grady, NESCAUM

Ms. Kathryn Phillips, Sierra Club

Mr. David Reichmuth, Union of Concerned Scientists

Ms. Katelyn Roedner Sutter, Catholic Charities Diocese of 

Stockton

Mr. Daniel Ryan, Mazda

Ms. Phoebe Seaton, Leadership Counsel

Ms. Anne Smart, Charge Point

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I N D E X

PAGE

Opening remarks 1

Roll Call 2

Item 15-4-2

Acting Chairperson Berg 3

Executive Officer Corey 4

Staff Presentation 4

Mr. Hogo 13

Mr. Morgan 14

Mr. Blair 16

Mr. Ryan 18

Ms. O'Grady 20

Ms. Smart 23

Ms. Phillips 24

Mr. Magavern 26

Mr. Reichmuth 27

Mr. Caldwell 30

Mr. Hall 30

Mr. Mui 31

Board Discussion 34

Motion 52

Vote 52

Item 15-4-1

Acting Chairperson Berg 54

Motion 54

Vote 54

Item 15-4-3

Acting Chairperson Berg 55

Executive Officer Corey 55

Staff Presentation 57

Mr. Chesley 73

Ms. Roedner Sutter 76

Ms. Knecht 79

Ms. Seaton 80

Board Discussion 81

Motion 89

Vote 89

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I N D E X C O N T I N U E D

PAGE

Item 15-4-4

Acting Chairperson Berg 89

Executive Officer Corey 90

Staff Presentation 91

Board Discussion 99

Motion 104

Vote 105

Closed Session 106

Adjournment 106

Reporter's Certificate 107

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worth a hearty discussion, and we would encourage that, 

and again congratulations. 

Before us is Resolution 15-10. Can I have motion 

to move it forward? 

BOARD MEMBER SHERRIFFS: Motion to approve. 

ACTING CHAIRPERSON BERG: Can I have a second?

BOARD MEMBER BALMES: Second. 

ACTING CHAIRPERSON BERG: All in favor? 

(Unanimous aye vote.)

ACTING CHAIRPERSON BERG: Any opposed? 

Any abstentions? 

Motion passes. 

We have just one more item. Shall we work 

through it or would we like to take a break?

From our court reporter, we can work through it?

THE COURT REPORTER: Yes. 

ACTING CHAIRPERSON BERG: Okay. Why don't we 

tackle our last item.

That's me. I've got to get on the right page. 

Sorry. 

Our last item is 15-4-4. And it's consideration 

of the San Joaquin Valley PM2.5 State Implementation Plan. 

Attaining federal quality standards in this San Joaquin 

Valley is a significant challenge, and absolutely has been 

exacerbated by the impact of the California drought. 

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The plan being presented today identifies the 

actions necessary to keep the valley on the path towards 

attainment, even if these adverse weather conditions 

continue. 

Mr. Corey, would you please introduce this Board 

item. 

EXECUTIVE OFFICER COREY: Yes. Thank you, Chair 

Berg. 

In 2008, the Board approved the San Joaquin 

Valley's PM2.5 State Implementation Plan for the PM2.5 

standards that the U.S. EPA established in 1997. Through 

implementation of control strategies specified in the 

plan, the valley obtained the daily standard and was 

nearing attainment of the annual standard. 

However, weather conditions associated with the 

drought increased PM2.5 levels to an extent that the 

valley can no longer meet these standards by the 2015 

attainment date. 

Today, staff will present the San Joaquin 

Valley's 2015 State Implementation Plan revision, which 

was developed in response to the impact of the drought to 

demonstrate attainment of both standards over the next 

five years. 

Ongoing implementation of ARB's mobile source 

strategy, coupled with the district's recently 

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strengthened residential wood burning rule, and increased 

efforts to address commercial cooking provide the 

reductions needed to meet the standard by 2020. 

In light of the request for an attainment date 

extension, the plan also identifies a number of efforts to 

achieve further near-term reductions. These include 

district incentives targeting the replacement of older 

trucks and wood stoves and ARB actions focusing on cleaner 

technologies for trucks. 

These efforts to achieve further near-term 

reductions, also provide a foundation for the development 

of upcoming attainment plans for the more stringent PM 2.5 

standard that are due to EPA next year. 

Patricia Velasco will now provide an overview of 

the plan. 

Patricia. 

(Thereupon an overhead presentation was

presented as follows.)

AIR POLLUTION SPECIALIST VELASCO: Thank you, Mr. 

Corey. Good morning Ms. Berg and members of the Board. 

Today's presentation will provide an overview of 

the San Joaquin Valley's 2015 PM2.5 State Implementation 

Plan. 

--o0o--

AIR POLLUTION SPECIALIST VELASCO: Because there 

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is not just one standard, and for that matter, not just 

one PM2.5 plan, let me put this plan in context. Based on 

assessment of the adverse health effects associated with 

exposure to PM2.5, U.S. EPA has set a series of 

increasingly health protective air quality standards. 

Based -- Federal PM2.5 standards were first 

established in 1997 with a 24-hour standard of 65 

micrograms per cubic meter and an annual standard of 15 

micrograms per cubic meter. The 24-hour standard was 

first -- further strengthened to 35 micrograms per cubic 

meter in 2006, and the annual standard to 2012 in -- to 12 

micrograms per cubic meter in 2012. 

To meet Clean Air Act requirements, the San 

Joaquin Valley adopted a SIP addressing the original 1997 

standards in 2008. Today's SIP revision updates the plan 

to a account for the effects of California's drought. At 

the same time, planning efforts are underway to address 

the revised 24-hour an annual standards as part of the 

SIPs that will be due in 2016. 

--o0o--

AIR POLLUTION SPECIALIST VELASCO: The SIP 

adopted in 2008 set forth a control strategy to meet both 

the 24-hour and annual standards by 2015. U.S. EPA 

approved this SIP in 2011. The strategy focused on 

reducing directly emitted PM2.5 nitrogen oxides, or NOx, 

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and sulfur oxides, or SOx. 

Ongoing implementation of ARB's mobile source 

control program provided significant NOx reductions, 

especially from the truck and bus and off-road equipment 

regulations. Key district measures included rules 

reducing PM2.5 from residential wood returning and 

agricultural burning, along with SOx reductions from glass 

manufacturing. 

--o0o--

AIR POLLUTION SPECIALIST VELASCO: Through 

implementation of this control strategy, PM2.5 air quality 

in the valley had been improving with annual PM2.5 levels 

decreasing over 30 percent between 2001 and 2012. The 

valley met the 24-hour standard in 2010, and by 2012, only 

a few locations remained above the annual standard. 

However, the weather conditions associated with the 

drought substantially increased PM2.5 levels in 2013 

affecting both 24-hour and annual average concentrations. 

These drought conditions have increased the challenge of 

meeting PM2.5 in the valley, compounding the valley's 

geography and inversion prone meteorology that provide 

conditions that favor the formation and accumulation of 

PM2.5, especially during the winter. 

--o0o--

AIR POLLUTION SPECIALIST VELASCO: Both the 

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drought and the valley's high PM2.5 levels are related to 

common weather conditions. Extended periods without storm 

systems prevent the dispersion and removal of PM2.5 that 

would typically occur with more frequent rainfall. The 

stagnant conditions associated with persistent dry periods 

also allow PM2.5 buildup over multiple weeks. 

During December 2013 and January 2014, nearly two 

months without rain, more than doubled the number of 

exceedance days compared to the prior winter. This 

episode results in increased levels of the major 

constituents of PM2.5, including ammonium nitrate and 

organic carbon. In addition, the drier conditions have 

increased PM2.5 dust concentrations. 

--o0o--

AIR POLLUTION SPECIALIST VELASCO: The high PM2.5 

levels associated with these weather conditions increased 

2013 annual design values up to 2 micrograms in 2012. 

While designed values at locations in the northern valley 

remained below the standard, design values at most 

locations in the central and southern valley rose above 

the standard, increasing the severity and scope of 

nonattainment. 

The graph on the right illustrates the impact 

with 2012 annual design values in green and 2013 design 

values in orange at three monitoring sites representing 

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the northern, central, and southern valley regions. 

24-hour design values were also affected with 

concentrations increasing to at or near the level of the 

standard. As a result, the valley can no longer attain 

the 2015 attainment deadline. 

--o0o--

AIR POLLUTION SPECIALIST VELASCO: To address 

these impacts, the district has prepared an updated plan 

and attainment demonstration that accounts for the 

potential that drought conditions may continue to occur in 

the future. 

--o0o--

AIR POLLUTION SPECIALIST VELASCO: The attainment 

demonstration uses modeling approved as part of the 2008 

SIP, coupled with air quality reflecting 2013 drought 

impacts. Following provisions in the Clean Air Act, the 

SIP contains a request for an attainment date extension to 

2018 for the 24-hour standard and 2020 for the annual 

standard. 

The attainment demonstration includes the 

benefits of ARB and district control programs that provide 

further emission reductions. In addition, in light of the 

attainment date extension request, the SIP identifies 

further ARB and district actions to achieve additional 

near-term emission reductions. 

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--o0o--

AIR POLLUTION SPECIALIST VELASCO: Continued 

implementation of ARB and district control programs 

provide ongoing emission reductions each year. By 2020, 

implementation of new standards for passenger cars and 

heavy-duty vehicles as well as regulations accelerating 

turnover of diesel fleets results in 120 tons of 

NOx -- tons per day of NOx reductions. Implementation of 

the district's recently strengthened wood-burning rule, 

along with enhancements to the commercial charbroiling 

rule slated for adoption in 2016 provides a further two 

tons per day reduction in PM2.5 emissions. 

--o0o--

AIR POLLUTION SPECIALIST VELASCO: The 2015 SIP 

also identifies a number of district actions to achieve 

further near-term emission reductions, beyond those from 

existing programs. These efforts include a district 

commitment to provide targeted incentive funding for the 

purchase of clean air heavy-duty trucks and replacement of 

residential wood-burning devices with cleaner burning 

technologies. District funding of $10 million for cleaner 

heavy-duty trucks and $7.5 million for clean wood burning 

devices will provide reductions in both NOx and PM2.5

In addition, the district has committed to 

evaluate the potential for further emission reductions 

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from rules that address flares and conservation management 

practices, as well as promoting the use of warm mix 

asphalt. 

Actions identified as part of this process and 

corresponding implementation schedules will be included in 

the SIPs for the revised PM2.5 standards due next year 

that I mentioned at the beginning of the presentation. 

--o0o--

AIR POLLUTION SPECIALIST VELASCO: Heavy-duty 

trucks represent the largest source of both NOx and diesel 

PM emissions in the valley. Recognizing the need to 

continue to clean up the heavy-duty diesel fleet, ARB has 

identified a number of additional actions to further 

reduce emissions. 

These near-term efforts outlined in the recently 

released sustainable freight report include development of 

strategies to ensure truck durability and in-use 

performance. These include a focus on enhanced truck 

inspection and maintenance programs, in new certification 

and warranty requirements. 

Strategies will also be developed to increase the 

flexibility for manufacturers to certify advanced systems 

to provide for accelerated introduction of cleaner 

technologies into the market. 

Incentive funding will also continue to play an 

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important role in promoting the transition to cleaner 

combustion technologies, and to support the development 

and commercialization of advanced technologies. 

--o0o--

AIR POLLUTION SPECIALIST VELASCO: In addition to 

the attainment demonstration and control strategy, the 

2015 SIP also addresses the necessary Clean Air Act 

requirements. As part of the attainment date extension 

request, the SIP demonstrates that ARB and the District 

have adopted the most stringent measures that have been 

include in other SIPs that can be feasibly implemented in 

the valley. The SIP also documents that ARB and the 

District have met all of the other requirements and 

commitments contained in the original 2008 SIP. 

In addition to the elements, the plan addresses 

PM2.5 precursor requirements, as well as those for 

emission inventories, progress milestones, and contingency 

measures. Finally, transportation conformity budgets 

ensure that transportation plans and projects are 

consistent with SIP emission levels. 

--o0o--

AIR POLLUTION SPECIALIST VELASCO: In closing, 

the 2015 PM2.5 SIP establishes the pathway to attainment 

for the 24-hour PM2.5 standard by 2018, and the annual 

standard by 2020 in light of the impacts of the ongoing 

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drought. The additional actions identified as part of the 

2015 plan will also serve as a foundation for development 

of the PM2.5 SIPs for more stringent standards due next 

year. 

ARB staff has determined that the SIP meets the 

air quality -- the requirements of the Act and recommends 

that the Board approve the plan, along with ARB's staff 

report as a revision to the California State 

Implementation Plan. As part of our standard practice, 

ARB will work closely with U.S. EPA staff in their review 

of the plan and will provide any additional information or 

transmit any rules necessary to facilitate U.S. EPA's 

approval process. 

This concludes staff presentation, and we would 

be happy to answer any questions you might have. 

ACTING CHAIRPERSON BERG: Thank you very much, 

Patricia. We do not have anybody who has signed up for -- 

to testify, so I'm going to go ahead and close the record 

on this agenda item, and open up comments from the Board. 

Dr. Balmes. 

BOARD MEMBER BALMES: Once again, I'll start off. 

(Laughter.)

BOARD MEMBER BALMES: Thank you. 

BOARD MEMBER SHERRIFFS: I'm taking your coffee 

away from you.

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(Laughter.)

BOARD MEMBER BALMES: Thanks, Dr. Sherriffs for 

worrying about my health. 

You know, again, I appreciate that it's tough for 

the valley to have to deal with the new more stringent 

PM2.5 air quality standards that federal EPA is mandating. 

And, you know, I applaud the efforts of the district to 

come up with ways to meet that. 

I guess I would just point out on slide 9, the 

additional district actions, when we're talking about 

getting down to the level of flares and warm mix asphalt, 

I don't have expertise in either one of those, in terms of 

it. But above, heavy-duty truck replacement seems like 

where we should be putting our money and our efforts. And 

I'm sure that the district is doing that. 

But I just feel like when we look at evaluate 

potential for further emission reductions from these other 

things, it's really heavy-duty trucks and high polluting 

wood burning devices. I just want to -- I know everybody 

knows that, but I think -- it just strikes me when you see 

flares that, you know, there are higher value -- 

BOARD MEMBER SHERRIFFS: Oil and gas flare. 

BOARD MEMBER BALMES: Oh, it's oil and gas flare. 

Now, I get it. Thank you, Dr. Sherriffs. All right. 

Warm mix asphalt -- 

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(Laughter.)

BOARD MEMBER BALMES: -- I don't know how 

important that is.

ACTING CHAIRPERSON BERG: Dr. Sherriffs, do you 

have a comment for us?

BOARD MEMBER SHERRIFFS: Sure. Thank you. 

As a resident of the Central Valley, as we are so 

challenged by this, I've fallen into the language of -- 

that we live in this beaker. And -- although actually we 

don't create very much pollution relative to many other 

parts of the State, we get to keep it. 

(Laughter.)

BOARD MEMBER SHERRIFFS: But I'd like to reframe 

that thinking, because actually we don't live in a beaker, 

we live in a cradle. And we wouldn't live there unless it 

was a cradle. People who live in the valley, love the 

valley. They love the mountains. They love the 

agriculture. And it's our activities that convert that 

cradle to a beaker. 

But indeed, we live in a cradle. It is a 

fabulous place, but we are so challenged because of that 

geography and meteorology. And the valley was so thrilled 

to believe that it achieved standard, and then the new 

normal arrived, which people could see coming, but yes, it 

actually came, and having to rethink. 

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And yes, how important it is the big stuff and 

the role that we play in the big stuff, particularly 

transportation and freight, and how important it is the 

work that we do on that for the health of people in the 

valley, ten percent of our State. 

But the little things do count. They do make a 

big difference. We do have to focus on them. I just want 

to mention in terms of the wood burning stoves, sort of a 

reminder. On the face of it, it seems small, but actually 

direct PM2.5, it's a big number. It's a very important 

number. And a lot of important work on the part of the 

district to develop collaboration, as we've seen with 

stakeholders with industry to move this forward, to 

develop public acceptance, and to craft a plan that had 

some flexibility, so that people had some choice. 

And I think the district was very pleasantly -- I 

know we were very pleasantly surprised in the wood stove 

change out, where you could take your fireplace, your 

non-certified stove, put in a cleaner burning device, get 

incentive funding from the air district. 

In fact, most -- 80 percent of people are 

choosing not to put a cleaner wood burning device in, but 

a natural gas device, which, from a greenhouse gas 

perspective, may not be what we want, but from a air 

quality standpoint is huge. The benefits of that are 

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huge, much, much bigger than the district expected to get. 

But again, we have to be flexible. We don't 

necessarily know how the public is going to respond to 

things. And then needing to think and adapt and how do we 

take advantage of what we learn with that. 

Anyway, thank you for your work. And I hope we 

will approve. 

ACTING CHAIRPERSON BERG: Thank you very much. 

Mr. Eisenhut. 

BOARD MEMBER EISENHUT: Yeah. I want to in my 

comments acknowledge Dr. Sherriffs and the district. This 

has been -- they've worked on behalf of the valley. This 

has been hard work and we need to support it. The comment 

that I would add that reflects our activity, and I'm 

heartened by the inclusion of additional funding for truck 

replacement, I recall back to our last meeting, and 

reflect on what we can do to support that in addition to 

adopting this. And we sat in, I think, uniformly last 

month, and I'll say it again, enforcement. So that would 

be my addition as well as the word of support for the 

motion. 

ACTING CHAIRPERSON BERG: Thank you. 

Mrs. Riordan. 

BOARD MEMBER RIORDAN: Yes. A compliment for the 

district. Of course, staff has done a wonderful job. But 

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just so staff knows this, and I had forgotten to share it 

with others, the Mojave Air Quality District happened to 

have some additional Carl Moyer money that we could not 

use. We didn't have a project ready to go to use that 

last little increment, so we were able to send that to the 

San Joaquin Valley because their staff and Board had 

projects ready to go. And, you know, all we had to do was 

provide the funding. 

And I'm so pleased that obviously your staff is 

doing such a good job to have a project ready to take 

that, albeit not a lot of money, but it will help. Every 

little bit helps, I know, the San Joaquin Valley. 

BOARD MEMBER SHERRIFFS: Thank you again for that 

money. 

(Laughter.) 

BOARD MEMBER SHERRIFFS: And I will let the staff 

know your appreciation again. 

ACTING CHAIRPERSON BERG: Thank you very much.

We have before us Resolution 15-9. Can I have a 

motion to move it forward.

BOARD MEMBER BALMES: So moved. 

BOARD MEMBER EISENHUT: Second. 

ACTING CHAIRPERSON BERG: With a first and a 

second. 

All in favor? 

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(Unanimous aye vote.)

(Supervisor Serna not present for vote.)

ACTING CHAIRPERSON BERG: Any opposed? 

Any abstain? 

Motion passes. 

BOARD MEMBER SHERRIFFS: And may I also suggest, 

don't expect to got a charbroiled burger in the valley in 

a year or two.

(Laughter.)

ACTING CHAIRPERSON BERG: You can go on health 

conscious. 

(Laughter.)

BOARD MEMBER SPERLING: Should we change our 

vote? 

(Laughter.)

ACTING CHAIRPERSON BERG: We do not have anybody 

signed up for the public comment. So at this point, we 

will go ahead and break for closed session. The Board 

will be done. I will come back and close the meeting 

after Ellen Peter's report on the closed session. 

So we're taking a break, closing, and going into 

closed session. 

Thanks for waiting. 

(Off record: 11:30 AM)

(Thereupon the meeting recessed

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into closed session.) 

(On record: 12:04 PM)

ACTING CHAIRPERSON BERG: We'll please come back 

to order. The meeting the California Air Resources Board 

is now back into session. I'd like to ask our Chief 

Counsel, Ellen Peter, to summarize the closed session. 

CHIEF COUNSEL PETER: Yes, Ms. Berg. Today, we 

had a closed session on possible litigation. No action 

was taken, and there's nothing else to report in this 

public session. 

ACTING CHAIRPERSON BERG: Thank you. 

Having no other issues before us, I close the 

meeting and look forward to seeing you next month. 

(Thereupon the meeting adjourned at 12:04 PM)

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 C E R T I F I C A T E OF R E P O R T E R

I, JAMES F. PETERS, a Certified Shorthand 

Reporter of the State of California, do hereby certify:

That I am a disinterested person herein; that the 

foregoing California Air Resources Board meeting was 

reported in shorthand by me, James F. Peters, a Certified 

Shorthand Reporter of the State of California, and was 

thereafter transcribed, under my direction, by 

computer-assisted transcription;

I further certify that I am not of counsel or 

attorney for any of the parties to said meeting nor in any 

way interested in the outcome of said meeting.

IN WITNESS WHEREOF, I have hereunto set my hand 

this 4th day of June, 2015.

JAMES F. PETERS, CSR

Certified Shorthand Reporter

License No. 10063

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