This memorandum was prepared for the
Manufacturers Council of the Central Valley

Coleman & Horowitt, LLP
Attorneys at Law


The following are the items that were identified that may be of interest to the MCCV Working Groups with respect to Air Quality Issues.

1. AB 617

AB 617 is the statute that was passed last year along with the revisions to the Cap & Trade and emphasizes enhanced source monitoring in certain identified communities. With respect to the Valley, South Fresno and Shafter have been identified.

2. Community Steering Committee Applications

The SJVAPCD is considering hiring third party Service Providers to assist in developing the steering committees for the communities identified in the initial round. This is an exerpt of the related staff report:

To ensure that this new and extensive community engagement process is successful and meets your Board’s expectations, the use of services to assist the District may be necessary. Given the short timeframe under state law, District staff is seeking your Board’s approval to contract with experienced service providers to assist in the facilitation of these steering committees and with community outreach and participation.

3. CARB October Board Meeting- October 25-26, 2018

In particular the cap and trade program is being considered, this is from a letter that was circulated to the business community urging participation at the CARB meeting and sign on to a group letter.

Last year, the California Legislature passed legislation (known as AB 398) to renew the state’s cap-and-trade program. The goal is to reduce carbon emissions, while also containing costs for California families. The California Air Resources Board (CARB) will be implementing the policy. To be sure that CARB follows the legislation passed, they are to “avoid adverse impacts on resident households, businesses, and the state’s economy.” There is an indication that CARB is ignoring this direction and proposing to increase the costs that will impact the economy. There is an effort by industry to get people to this meeting and sign on to the following:

California Air Resources Board

10001 I Street

Sacramento, CA 95814

Dear Board Members,

As a group of concerned businesses and consumers in California, we are united in strongly opposing specific provisions of the proposed amendments to the regulation for administering Cap-and-Trade for the period of 2020 to 2030. Specifically, we believe the proposed Price Ceiling would fail entirely at its statutory purpose of controlling costs that are placed on households, businesses, and the overall economy.

Assembly Bill 398 (Garcia, 2017) directs the California Air Resources Board (CARB) to include a Price Ceiling in the proposed regulation to control the prices of allowances. When setting the Price Ceiling, the legislation specifically directs CARB to “avoid adverse impacts on resident households, businesses, and the state’s economy.” This important and straightforward direction reflects a widespread and bipartisan recognition that the costs of climate regulations must be managed in order for the regulations to be successful and avoid driving California consumers, workers, and businesses into insolvency.

Unfortunately, CARB is proposing to set a Price Ceiling that is nearly twice as high as experts recommend. This proposal threatens to impose unaffordable, runaway costs on all Californians, and violates the legislative directions to “avoid adverse impacts.” This includes adding up to $1.08 to the cost of a gallon of gasoline, as well as potential cost increases on energy, food, and other necessities.

These cost increases will dramatically impact California consumers, workers, and businesses, who already contend with some of the highest costs of living in our nation.

For these reasons, we are in strong opposition to the lack of proper price-containment provisions in the proposed amendments. We ask CARB to consider an approach to cost-containment that is more aligned with the Legislature’s direction in AB 398.

Thank you for your consideration.

5. CAC Meeting

PM 2.5 Plan

  1. District’s Summary

    Update on District PM2.5 Planning Efforts – Sheraz Gill, Deputy APCO, provided an update on the status of the District’s PM2.5 planning efforts. For the past three years, the District and the California Air Resources Board (CARB) have led an extensive public process to develop an attainment strategy to address multiple federal PM2.5 standards. This public process has included multiple workshops and public meetings, Public Advisory Workgroup meetings, and regular discussions at Citizens’ Advisory Committee and Environmental Justice Advisory Group meetings. Through the public engagement process, the District and CARB have identified a comprehensive list of potential new regulatory and incentive-based measures to achieve significant emissions reductions from both stationary and mobile sources. Modeling conducted by CARB as part of the SJVUAPCD Governing Board planning process demonstrates that the Valley will attain all three PM2.5 standards by their respective deadlines. The District posted the draft plan for public review on August 31, 2018. The District and CARB are working to finalize the remaining elements of the plan prior to posting the final draft of the plan for public comment ahead of the November 2018 Governing Board meeting where the plan is scheduled to be considered for adoption.

  2. Recommendations to the Board from Sub committee

    Due to the breadth and complexity of the plan, CAC members felt additional time to review and analyze the plan was necessary prior to making any recommendations to the Governing Board. To allow for this time, the CAC voted to convene a meeting of the full committee on November 6, 2018, to consider adopting recommendations for the Governing Board on the District’s 2018 PM2.5 Plan. To facilitate an enhanced review of the plan, CAC members voted to create an ad hoc subcommittee which will meet in October 2018 to review the plan further and report back to the CAC at the November 2018.

6. Additional Issues of Interest


  1. Dairy Sustainability Summit
    Showcase California’s world-leading achievements in sustainable dairy farm practices and the role dairy plays in the global food system Explore new ways for dairy farmers to continue improving environmental sustainability, develop new business opportunities, and reduce on-farm costs Highlight information, technology, and services that can support dairy farmers’ efforts to meet continuing challenges, further improve efficiency, and ensure economic and environmental sustainability.
  2. SNAPS
    Excerpts from an Industry Email, this may be a foreshadowing of the AB 617 program. California Air Resources Board (CARB) is developing a project to better characterize air quality in communities near oil and gas operations. The Study of Neighborhood Air near Petroleum Sources (SNAPS) includes limited-term, intensive air quality monitoring with a particular focus on production facilities. This project can also provide valuable information to support the Community Air Protection Program (CAPP), formed pursuant to AB 617.Under SNAPS, candidate communities for monitoring are identified based on their proximity to oil and gas wells, and from public suggestions. CARB staff will locate stationary trailers equipped with state-of-the art monitoring technologies in communities for up to four months to determine air quality. The trailers are capable of measuring toxic air contaminants (TACs), volatile organic compounds (VOCs), particulate matter (PM), metals, and criteria pollutants. An analysis of available air pollution measurements, local characteristics, public input, and potential partnerships in each candidate community will help to prioritize trailer deployment. Staff will analyze the air quality measurements obtained through trailer monitoring to characterize exposures to measured pollutants. Where appropriate, the Office of Environmental Health Hazard Assessment (OEHHA) will perform a more in-depth health analysis, potentially including risk assessment. Some air monitoring data will be posted in real-time and CARB will publish a complete analysis of results in separate reports for each site.