Feb. 16, 2023 — Valley Air Board
Documented by Josef Sibala
Here’s what you need to know:
- At its Feb. 16 meeting, the Valley Air Board approved the project plan and reallocated funding for a new Residential Air Filtration Program for AB 617 communities in South Central Fresno, Shafter, And Stockton. The program will provide a free filtration unit for residents who apply and live in the eligible communities.
- Policy Coordinator at Central Valley Air Quality Coalition Cynthia Pinto Cabrera encouraged the District to distribute the filters equitably. Director of Central California Environmental Justice Network Nayamin Martinez suggested expanding the program to Tulare, Kings, and Fresno counties.
- Since the launch of the District’s Ag Burn Alternatives Grant Program in September 2021, the District said it has received significant interest from chipping contractors in purchasing additional equipment. 55 pieces of equipment are funded to date.
Follow-up questions:
- How will residents avail of the Residential Air Filtration Program?
- What federal measures will be needed to ensure attainment of PM2.5 standards?
- How can the District use measures in the Inflation Reduction Act and the Bipartisan Infrastructure Law to curb emissions?
The Scene
According to its website, the San Joaquin Valley Air Pollution Control District (SJVAPCD) comprises eight counties in California’s Central Valley: San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and the San Joaquin Valley Air Basin portion of Kern.
The Valley Air District Board includes a fifteen-member governing board of representatives from the Board of Supervisors of all eight counties, one health and science member appointed by the Governor, one physician appointed by the Governor, and five Valley city representatives.
The District held a meeting on Thursday, February. 16, 2023, at 9 am at 1990 E Gettysburg Ave, Fresno, CA 93726.
Officials Present
- Chair and Supervisor at Stanislaus County Vito Chiesa
- Vice Chair and Supervisor at Fresno County Buddy Mendes
- Supervisor at Merced County Lloyd Pareira
- City of Clovis Council Member Drew M. Bessinger
- Supervisor at Tulare County Amy Shuklian
- Supervisor at Madera County Brian Macaulay
- Executive Director And Air Pollution Control Officer Samir Sheikh
- Supervisor at Kern County David Couch
- Councilmember at City Of Los Banos Deborah Lewis
- Robert Rickman, Supervisor, San Joaquin County
- Alexander C. Sherriffs, M.D., appointed by Governor
- Mayor of Avenal Alvaro Preciado
- Supervisor at Kings County Rusty Robinson
Officials not present:
- Tania Pacheco-Werner, Ph.D. appointed by Governor
Others Present
- Connie Young
- Janet Dietzkamei
- Jazmarie LaTour
- Nahui Gonzalez Millan from Central Valley Air Quality Coalition
- Director of Community Strategies and Resources Jessica Olsen
- Kevin Hamilton of Central California Asthma Collaborative
- Director of Central California Environmental Justice Network Nayamin Martinez
- Margo Praus from Stockton
- Michele McManus
- Project Coordinator Todd DeYoung
- Project Coordinator Jonathan Klassen
- Program Manager Emily Kneeland
- Jed Holtzman
- Policy Coordinator at Central Valley Air Quality Coalition Cynthia Pinto Cabrera
Discussions/Actions
The Governing Board (12-0) approved items #14-18 of the consent calendar.
#14 The board approved action summary minutes for the San Joaquin Valley Unified Air Pollution Control District Governing Board meeting of January 19, 2023
#15 The board approved the reappointment of hearing board members
#16 The board received and filed a list of scheduled meetings for 2023
#17 The board received and filed an operations statistics summary for January 2023
#18 The board received and filed budget status reports as of January 31, 2023
During public comment, Connie Young shared climate provisions in the Inflation Reduction Act that speed up the transition to “clean, renewable energy” through research and technology funding.
Jazmarie LaTour urged indoor air purifiers to mitigate health impacts to AB 617 communities.
Nahui Gonzalez Millan from Central Valley Air Quality Coalition suggested expanding the air filtration program.
Janet Dietzkamei sought action to mitigate the effects of climate change while adding that “it is real.”
6. The board received the report on District Citizens Advisory Committee activities
Manuel Cunha said that workshops on the implementation of AB 617 have been ongoing.
7. The board (12-0) approved the project plan and reallocated community air protection funding for the new Residential Air Filtration Program within the AB 617 communities of South Central Fresno, Shafter, And Stockton (reported by Director of Community Strategies and Resources Jessica Olsen)
The District has invested in additional community-focused resources to support local engagement efforts and uplift communities.
CARB selected four Valley communities for focused AB 617 Community Air Protection Program resources.
- South Central Fresno
- Shafter
- Stockton
- Arvin/Lamon
With recent severe wildfire smoke impacts, the District has encouraged the public to use air filtration devices to create “clean air rooms” –Ensure safe indoor air quality, especially during smoke events.
In June 2022, the Board authorized the Clean Air Rooms Pilot Program to support the use of filtration devices in homes.
The program provided free, off-the-shelf residential air filtration devices to residents living in disadvantaged Valley communities.
Through collaboration with local organizations to spread the word, the $250,000 pilot program resulted in over 1,200 devices being distributed to vulnerable populations throughout the Valley.
The Residential Air Filtration Program will provide free, off-the-shelf residential air filtration devices to eligible residents living within the boundaries of the South Central Fresno, Shafter, and Stockton AB 617 communities Device Selection.
California Air Resources Board must certify eligible air filtration devices, primarily High-Efficiency Particulate Air filters. They will meet a set of minimum requirements described in the project plan, including a minimum energy and filtration efficiency.
Participant Selection Criteria and Outreach:
- Eligible participants must reside within respective community boundaries and can include single-family residences, in-home daycare facilities, and private preschools
- One (1) device per household
- District to work with community partners, focus outreach to low-income residents, or those with respiratory illness
- Each applicant will receive one (1) device and one (1) replacement filter free of charge.
Distribution options are as follows:
- The device and filter will be shipped by the contracted manufacturer/vendor directly to the applicant’s house or designated mailing address
- The district will work with community members and partner organizations to host in-person distribution events in AB 617 boundaries.
In Stockton, the measure was included in the board-adopted CERP for up to $1 million. No funding reallocation is necessary.
In South Central Fresno, the measure was not included in the original Board adopted CERP. CSC members supported reallocating $1 million from the Locomotive Replacement Measure to this proposed new measure.
In Shafter, the measure was not included in the original Board-adopted CERP. CSC members supported reallocating $750,000 from the Locomotive Replacement Measure and $250,000 from the School Air Filtration measure to this proposed new measure.
The proposed Residential Air Filtration Program is a new addition to South Central Fresno and Shafter CERPs. Funding was not originally allocated.
District and CSC identified funding from other measures that needed to be supported or moved as expected.
With an influx of pandemic relief funding, Shafter area schools no longer need funding to support improved school air filtration. The proposed reallocation would refocus all $250,000 from this measure.
District staff working to identify potential locomotive replacement projects in Fresno and Shafter since 2019 have yet to receive interest.
Proposed reallocations would leave at least $2,700,000 in Fresno and $2,100,000 in Shafter to support future locomotive replacement.
Dedicated AB 617 funding is subject to Community Air Protection (CAP) guidelines. Guidelines contain pre-approved project types, which generally follow Carl Moyer Program.
Measures in the Community Emissions Reduction Program (CERPs) not pre-approved must receive CARB approval before implementation.
The District is required to submit project plans to CARB for approval. CARB approval is expected within the coming weeks.
Staff anticipates CARB will approve the project plan fully in the coming weeks.
The district will work closely with community steering committees and partner organizations to begin targeted outreach to community residents.
Recommendations for the items are as follows:
- Approving Project Plan to establish a Residential Air Filtration Program for implementation within AB 617 communities of South Central Fresno, Shafter, and Stockton, consistent with District Board and CARB-approved Community Emissions Reduction Programs (CERPs) for these and future AB 617 communities, as applicable.
- Reallocating $1,000,000 in South Central Fresno approved CERP from Locomotive Replacement Measure HD.1 to new Residential Air Filtration Program Measure.
- Reallocating $750,000 in Shafter-approved CERP from Locomotive Replacement Measure HD.7 and $250,000 from School Air Filtration SC.1 to the new Residential Air Filtration Program Measure.
- Authorizing the Executive Director/APCO to make administrative changes to programs as necessary to ensure successful implementation of programs.
Board member Alexander Sheriffs asked how long the devices expect to work. Director of Community Strategies and Resources Jessica Olsen said the devices have a one-year replacement requirement for filters.
Councilmember at the City Of Los Banos Deborah Lewis asked whether counties, not AB 617, be given devices.
Executive Director Samir Sheikh stated that staff would explore expanding the program while partnering with vendors.
Kevin Hamilton of Central California Asthma Collaborative and Janet Dietzkamei
expressed support for the program.
Policy Coordinator at Central Valley Air Quality Coalition Cynthia Pinto Cabrera encouraged the District to distribute the filters equitably.
Director of Central California Environmental Justice Network Nayamin Martinez suggested expanding the program to Tulare, Kings, and Fresno counties.
Margo Praus from Stockton urged the board for approval of the program. Michele McManus approved the reallocation of the funds under the program.
Mayor of Avenal Alvaro Preciado also suggested defining the boundaries for AB 617 communities.
8. The board received an update on the District’s Agricultural Open Burning Phase-Out Strategy (reported by Project Coordinators Todd DeYoung and Jonathan Klassen)
In June 2021, the Board adopted and CARB approved the final phase-out requirements for agricultural open burning.
The District is currently in the process of implementing and enforcing a phase-out strategy.
Extensive outreach to Valley growers regarding phase-out requirements from 2021 through 2024 and available resources for alternative practices is ongoing.
Through the combination of the phase-out strategy and the Ag Burn Alternatives Grant Program, agricultural open burning has decreased significantly in recent years.
- Over 1,000,000 tons of material open burned annually in past
- 2021: Approximately 480,000 tons of material open burned
- 2022: Approximately 125,000 tons of material open burned (new record low for Valley)
The burning is expected to decrease in 2023 as the final phase-out continues to be implemented.
Recognizing the need to develop new alternatives, in 2018, the Board authorized the development of the new Ag Burn Alternatives Grant Program.
The program provides financial incentives to growers to chip ag material for soil reincorporation, land application, and off-site beneficial reuse. At the same time, over $25 million in local funding is invested in supporting emerging alternatives.
In August 2021, through strong advocacy and program success, the District received $178,200,000 in additional state funding to expand fleet capacity and support the deployment of new alternative practices.
The Board has approved enhancements to ensure smaller ag operations have equitable access.
The district launched the expanded Ag Burn Alternatives Grant Program on September 1, 2021, utilizing newly available state funding. The additional program focuses on assisting small growers.
The enhanced program has been critical to supporting the transition to new alternatives, including increasing the availability of chipping equipment and reducing the high cost of new alternatives.
Since its inception, the District’s Ag Burn Alternatives Grant Program has supported alternative practices across the Valley:
- 162,000 acres of orchard and vineyard removals
- 4,500,000 tons of agricultural materials
- Reduction of 8,791 tons of NOx, 16,212 tons of PM, and 13,702 tons of VOC
Since Sept. 1, 2021, $110 million in funding has been provided to support alternative practices throughout the Valley.
Since December 2020, the Board directed that 30 percent of available funding be initially set aside for smaller agricultural operations, less than 500 acres in size.
In August 2021, the Board allocated an additional $100/acre for each funding category for agricultural operations less than 100 acres in size.
To ensure adequate capacity to accommodate the increase in chipping, the Board allocated up to $30 million of the new state funding for new chipping/grinding equipment purchases within the program.
Since the launch of the District’s Ag Burn Alternatives Grant Program in September 2021, the District has seen significant interest from chipping contractors in purchasing additional equipment. 55 pieces of equipment are funded to date.
Given the emerging market for alternatives and to maximize the reach of remaining incentive funding, staff recommended:
- Institute cap of 500 acres of removals per entity per calendar year
- Increase small grower incentive (adder) from $100 per acre to $400 per acre.
Reasons for recommendations are:
- Significant progress has already been made (small growers of less than 100 acres represent 22 percent of total applications), and proposed enhancements are designed to increase access to the program further.
- Small growers receive an additional $100 per acre in all categories – Costs for small growers are considerably higher due to minimum fixed costs.
- Incentives currently cover 50 percent of project costs for small growers.
- Proposed enhancements would result in average incentives of ~70% of project costs.
Additional funding will be needed to support the final phase-out by Jan. 1, 2025.
The District will continue advocating for additional state/federal funding to support the transition from open burning in the Valley.
Staff will continue to engage with Valley stakeholders on ongoing program implementation.
Supervisor at Merced County Lloyd Pareira asked what the acreage requirement for the program is. Program Coordinator Todd DeYoung said that it is based on the total acreage.
Councilmember at the City Of Los Banos Deborah Lewis suggested that small farmers’ costs be reduced for wood chipping equipment.
Policy Coordinator at Central Valley Air Quality Coalition Cynthia Pinto Cabrera stated that the phase-out is overdue and sought support for small farmers.
Janet Dietzkamei hoped the program would remedy the “black smog” in the Valley.
Kevin Hamilton of Central California Asthma Collaborative expressed support for the program.
9. The board received an update on attainment planning efforts to address federal standards (reported by Jonathan Klassen and Program Manager Emily Kneeland)
2018 PM2.5 Plan adopted by District/CARB to address latest PM2.5 standards
- Strategy for bringing Valley into attainment with 1997, 2006, and 2012 PM2.5 standards
The plan includes stringent stationary and mobile source control measures and incentive-based control measures to accelerate the deployment of new clean vehicles, equipment, and technologies across various sectors.
The vast majority of the District’s emission reduction commitments are achieved through enhanced regulations.
Plan revision to address the 1997 PM2.5 standard adopted and submitted to EPA in October 2021.
EPA has approved some key PM2.5 actions, but significant pending actions remain with EPA. EPA disapproval or inaction can result in devastating consequences to public health and the economy.
On the 1997 PM2.5 standard:
- District/CARB submitted SIP revision for 1997 standard in Oct 2021, awaiting EPA approval
- Valley meets 24-hr standard, and potentially meets annual standard (wildfire impacts)
On the 2012 PM2.5 standard:
- EPA proposed full approval of Plan in December 2021 (except for contingencies), then reversed decision and proposed disapproval in October 2022
- In response to EPA reversal, CARB/District withdrew plan – District working with CARB on updated Plan for 2012 standard, due in 2023
Regarding the contingency measures for PM2.5 Standards:
- Interpretation of CAA contingency measure requirements changed in recent years due to litigation.
- EPA has yet to provide guidance addressing contingency requirements
- EPA has disapproved or proposed disapproval of District contingency measures (significant disapproval issue for all nonattainment areas).
On the Federal Sanctions and Federal Implementation Plan:
- Clocks running for Contingency and other Plan elements (18 to 24 months)
Contingency measures extremely difficult in light of court rulings challenging EPA’s interpretations.
District working with CARB to evaluate options for addressing evolving contingency requirements, including regular meetings with EPA.
District has identified Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) as a
potential contingency measure.
South Coast residential wood burning rule contains similar contingency measure provision
(fully approved by EPA in April 2022 as meeting PM2.5 contingency).
District anticipates returning to your Board with contingency submission and associated
regulatory amendments in 2nd quarter 2023. Timely action is required by EPA to ensure action ahead of Clean Air Act sanctions.
Mobile sources make up majority of emissions.
Given stringent District/CARB regulations, increasingly critical that the federal government provide necessary actions and resources to reduce emissions under federal control.
Unprecedented funding opportunities are provided under Inflation Reduction Act and Bipartisan Infrastructure Law.
Valley has already demonstrated attainment of the federal PM10, 1-hour ozone, and 1997 24-hour PM2.5 standards, and EPA has issued clean data findings.
Upcoming clean data findings are as follow:
- 1997 8-hour ozone standard (84 ppb)
- 1997 annual PM2.5 standard (15 µg/m³)
- District/CARB are conducting additional analysis, including Exceptional Event documentation, for submission to EPA for action as provided under the Clean Air Act.
Maintenance plans are required to demonstrate continued compliance and support formal redesignation to attainment.
The Board adopted the 2022 Ozone Plan in December 2022, addressing the federal 2015 ozone standard.
CARB adopted the 2022 Ozone Plan in January 2023, which will now be submitted to EPA for review.
District will work with EPA and CARB should any further information be needed during EPA’s review of the Plan, and will urge EPA to take timely action.
On Jan. 6, 2023, the EPA proposed new PM2.5 standard, including a variety of other related elements. The standard can only consider health effects, not implementation challenges.
San Joaquin Valley was designated “extreme” nonattainment for ozone and “serious” nonattainment for PM2.5.
Given that District rules are the most stringent in the nation, further emission reductions will be more difficult to achieve.
Latest 2022 Ozone Plan projects that Valley NOx levels must reach approximately 62 tons per day to meet 70 ppb 8-hour ozone standard
- Requires another 72 percent NOx reduction from baseline levels, being achieved through strict controls on stationary sources and significant emission reductions from mobile sources.
Significant further emission reductions beyond this will be needed to reach the new forthcoming annual PM2.5 standard.
Becoming more critical to achieve emission reductions from federal sources to achieve federal health-based standards.
Kevin Hamilton of Central California Asthma Collaborative emphasized that standards must include health concerns.
Janet Dietzkamei shared how air pollution affects her health. She stressed that PM 2.5 and residential burning has to be reduced.
She added that the board must be aware of people that suffer the consequences of air pollution.
Jed Holtzman urged the Board to include a zero-emission appliance standard as a control measure to curb PM2.5 and NOx.
Policy Coordinator at Central Valley Air Quality Coalition Cynthia Pinto Cabrera encouraged the District to invite the community for input.
10. The board (12-0) appointed Supervisor Robert Rickman, Rusty Robinson, and Robert Macaulay in the Ad-Hoc Budget Subcommittee.
11. Verbal Report On California Air Resources Board (CARB) Activities
The CARB Board adopted the San Joaquin Valley 70 parts per billion Ozone State Implementation Plan (SIP) (2022 Ozone Plan) along with the aggregate emission reduction commitment in the accompanying CARB Staff Report.
The 2022 Ozone Plan and aggregate emission reduction commitment demonstrate that the San Joaquin Valley Air Basin will attain the 70 ppb 8-hour ozone standard by 2037 and meet other Clean Air Act SIP requirements.
If adopted, the 2022 Ozone Plan and aggregate emission reduction commitment will be submitted to EPA for inclusion in the California SIP.
Additional requirements as applicable under the 70 ppb ozone standard have already been addressed through separate submittals.
With the adoption, CARB staff will be submitting the 2022 Ozone Plan and State aggregate emission reduction commitment in the CARB Staff Report to the US EPA as a revision to the California SIP.
The CARB Board approved the proposed research projects for fiscal year 2023-2024 (Proposed Research).
These research projects are intended to advance the state of science with the goal of supporting the Board’s efforts to meet California’s air quality and climate goals.
For Fiscal Year 2023-2024, a research budget of approximately $6 million is anticipated to fund eleven projects.
The projects will identify and prioritize strategies that have health, environmental, and economic co-benefits, support the Board’s decision-making and effective program implementation.
CARB Staff also outlined proposed changes to future Board updates on the Research Program.
The CARB Board heard an overview by Executive Officer Dr. Steven Cliff on CARB’s program priorities for 2023.
The presentation outlined key activities that CARB plans to undertake in 2023 to achieve air quality, carbon neutrality, and environmental justice goals.
Milestones from 2022 include passing the Advanced Clean Cars II Regulation, adopting the 2022 State SIP Strategy, and approving the 2022 Scoping Plan Update.
In 2023, CARB will continue to work towards ensuring that their plans and policies align with the principles of integrating environmental justice and racial equity.
CARB discussed key regulations that will come before the Board in 2023, including the Advanced Clean Fleets Rule and the In-Use Locomotive Regulation.
Long Range clean air and climate plan efforts will continue to be a priority in 2023, including SIPs to meet federal requirements, implementation of their Scoping Plan, and finalization of the Community Air Protection Program Blueprint 2.0.
Efforts in 2023 will also be devoted to implementation of a range of CARB programs.
The CARB Board were presented the Proposed Amendments to their Airborne Toxic Control Measure for Chromium Electroplating and Chromic Acid Anodizing Operations (Proposed Amendments).
The hearing was the first of two on the Proposed Amendments.
The Proposed Amendments will result in reductions in hexavalent chromium emissions from chrome plating facilities, which will result in reduction in cancer risk for people in nearby communities.
The Proposed Amendments will cover two types of chrome plating facilities:
- decorative chrome plating facilities, and
- functional chrome plating facilities, which include both hard chrome plating facilities and chromic acid anodizing facilities.
The Proposed Amendments include a phase out of hexavalent chromium, which is intended to protect public health through the development of safer alternatives to hexavalent chromium in chrome plating operations.
CARB staff will bring the final Proposed Amendments to the Board for consideration at a subsequent hearing.
CARB is expected to consider amendments to the medium and heavy-duty zero-emission fleet regulation with the goal of achieving a zero-emission truck and bus California fleet by 2045 everywhere feasible and significantly earlier for certain market segments such as last mile delivery and drainage applications.
CARB is in the process of developing an In-Use Locomotive Regulation to accelerate the adoption of advanced, cleaner technologies, including zero-emission technologies, for locomotive operations.
The regulation would be implemented statewide and would include a pathway to accelerate the adoption of advanced cleaner technologies for locomotive operations.
The meeting ended at 1:00 p.m. The next meeting will be available through Zoom on Thursday, March. 16, 2023.
If you believe anything in these notes is inaccurate, please email us at fresnodocs@fresnoland.org with “Correction Request” in the subject line.
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