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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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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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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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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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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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

J&K COURT REPORTING, LLC 916.476.3171worth 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25The 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25strengthened 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25is 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25and 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25drought 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25the 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25--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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25from 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25important 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25drought. 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25(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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25(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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25And 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25huge, 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25just 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25(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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25into 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25C 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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