Air Resources Board
1001 I Street, 2nd Floor
Byron Sher Auditorium
Sacramento, California 95814


December 11 & 12, 2008

Electronic Board Book


This facility is accessible by public transit. For transit information, call: (916) 321-BUSS, website http://www.sacrt.com/ (This facility is accessible to persons with disabilities.)



December 11, 2008
9:00 a.m.


Agenda Item #

 Agenda Topic


Public Meeting to Consider the Approval of Assembly Bill 32 (AB 32) Scoping Plan to Reduce Greenhouse Gas Emissions in California
In 2006, Governor Schwarzenegger signed the California Global Warming Solutions Act of 2006 (AB 32).  AB 32 directs the Air Resources Board (ARB) to adopt a Scoping Plan on or before January 1, 2009, which will delineate the measures and strategies that will be used to reduce California’s greenhouse gas emissions to 1990 levels by 2020.  At the Board Meeting, there will be a continuation of testimony and discussion from the November Board Meeting.  The Board will then consider the Proposed Scoping Plan for approval.

As indicated in the public notice for this agenda item, the Board designated last month’s hearing as the main forum for hearing oral testimony on the Plan.  While oral testimony will also be accepted at the December 11 hearing, the Board requests that the public not duplicate their previous comments.

More Information     Staff Presentation
Agenda item numbers 08-11-1, 08-11-3, and 08-11-4 will begin no sooner than 1:30 p.m., Thursday, December 11.  Staff presentations for item numbers 08-11-3 and 08-11-4 will be combined.  Public testimony for these items will also be combined and will begin immediately after the staff presentations.  These items will continue on Friday morning, December 12 at 8:30 a.m.


Health Update:  Lung Cancer by Occupation in the United States Trucking Industry
Staff will present a study which assesses lung cancer deaths by job type in Teamsters Union members.  This analysis found an increased risk of mortality due to lung cancer among pickup and delivery drivers and combined drivers (long haul plus pickup and delivery), compared to other job categories, such as clerks and mechanics.  These results are consistent with previous studies in the United States and Canada showing an increased risk of lung cancer in occupations which are likely to be associated with exposure to diesel vehicle exhaust.
  More Information     Staff Presentation
08-11-3: Public Hearing to Consider Adoption of a Proposed Regulation to Reduce Emissions from In-Use On-Road Diesel Vehicles, and Amendments to the Regulations for In-Use Off-Road Vehicles, Drayage Trucks, Municipality and Utility Vehicles, Mobile Cargo Handling Equipment, Portable Engines and Equipment, Heavy-Duty Engines and Vehicle Exhaust Emissions Standards and Test Procedures and Commercial Motor Vehicle Idling
Existing in-use on-road diesel vehicles are a significant contributor to the statewide emissions of the particulate matter (PM) and oxides of nitrogen (NOx) from diesel mobile sources.  The proposed regulation would require existing vehicles to be upgraded or replaced to comply with specified PM and NOx emission standards.  The regulation would require exhaust retrofits in 2010 and 2011, and fleet modernization would be required between 2012 and 2022.  School buses are included, but would generally be required only to add exhaust retrofits and would not be required to replace engines.  In addition, proposed amendments to other existing regulations are needed to ensure that these regulations and the proposed regulation work together effectively.  The proposed changes to the existing regulations will also clarify their requirements, provide additional flexibility, and generally improve their enforceability.
More Information   Staff Presentation
08-11-4: Public Hearing to Consider the Adoption of a Regulation to Reduce Greenhouse Gas Emissions from Heavy-Duty Vehicles
This regulation would reduce greenhouse gas emissions from heavy-duty tractors pulling 53 foot-or-longer box-type trailers on California highways.  It would accomplish this goal by requiring owners of tractors and trailers to use new United States Environmental Protection Agency (U.S. EPA) SmartWay Certified tractors and trailers, or retrofit existing tractors with U.S. EPA SmartWay-approved, low-rolling resistance tires and retrofit existing 53 foot or longer box-type trailers with U.S. EPA SmartWay-approved aerodynamic technologies and low-rolling resistance tires.
More Information    Staff Presentation

December 12, 2008
8:30 a.m.


The Chair will open the meeting, then adjourn for about a 30-minute break for Board members and the public to go outside and view trucks on display with SmartWay and other clean technology systems.  The Board meeting will be reconvened at approximately 9:00 a.m.

Agenda Item #

 Agenda Topic
Continue Agenda Items 08-11-3 and 08-11-4 from December 11, 2008


Public Hearing to Consider a Research Proposal
“Potential Design, Implementation, and Benefits of a Feebate Program for New Passenger Vehicles in California” $796,640.
  Staff Presentation
08-11-5: Public Meeting to Present to the Board a Strategic Plan for Enforcement of Diesel Emission Control Regulations Pursuant to Assembly Bill (AB) 233, Jones (Chapter 592 Statutes of 2007)
AB 233, requires ARB to review its enforcement of diesel emission control regulations and develop a strategic plan for consistent, comprehensive, and fair enforcement of these regulations.  AB 233 requires that the plan be developed in conjunction with local air districts and the public and be reviewed by the Board in a public hearing.  ARB is required to submit this plan to the California Legislature by January 1, 2009, and every three years thereafter.

  The Board will hold a closed session, as authorized by Government Code section 11126(e), to confer with, and receive advice from, its legal counsel regarding the following pending litigation:

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

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

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

State of California by and through Arnold Schwarzenegger, the California Air Resources Board, and the Attorney General v. U.S. Environmental Protection Agency, and Stephen L. Johnson, Administrator, U.S. Court of Appeals, District of Columbia Circuit, Case No. 08-1178.

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

Tesoro Refining and Marketing Company v. Calif