Addressing Climate Change with Biomass-based Diesel

I led a large team of engineers, specialists, and technical staff who develop and implement the Air Resources Board's Cap and Trade program, transportation fuels programs such as the Low Carbon Fuel Standard, energy sector programs, and oil and gas sector programs (including hydraulic fracturing measures).

Assistant Division Chief of the Emissions Compliance, Automotive Regulations, and Science (ECARS) Division. ECARS has over 200 engineers, specialists, technicians, and support staff working together to promulgate and implement statewide regulatory programs covering light-duty vehicles (including advanced clean cars and zero emission vehicles); certifies/verifies LDV and HDV engines and vehicles, including hybrids; conducts in-use compliance assessments of certified vehicles; evaluates for certification on-board diagnostic (OBD) systems; and performs mobile source emissions testing for regulatory compliance and scientific research.

Heading newly-repurposed branch with a focus on implementing the alternative fuels (CNG, LNG, biodiesel, renewable diesel, hydrogen, biogas, etc.) aspects of the Low Carbon Fuel Standard and developing/implementing other fuels-related programs. Supervising three sections with three managers and 21 engineers, specialists, and technical staff.

I manage 7 engineers and specialists in the Industrial Section, Criteria Pollutants Branch, Stationary Source Division. We are currently part of the team developing the Low Carbon Fuel Standard regulation, as well as conducting multimedia evaluations pursuant to State law.

Conduct air pollution rulemakings pursuant to California Health and Safety Code and Administrative Procedure Act, enforce State regulations and laws, provide legal advice to Air Resources Board staff and divisions, resolve contract disputes, process non-immigrant worker visas (H-1B, O-1, J-1, F-1, A-2).

Witherspoon, No. 2:06-CV-02791-WBS-KJM (E.D. Cal., filed Dec. 6, 2006), a complex lawsuit involving preemption of ARB's ship auxiliary engine regulation under multiple federal statutes (Clean Air Act, Submerged Lands Act, Ports and Waterways Safety Act) and the Commerce and Admiralty Clauses of the U.S. Constitution.Lead attorney on various ARB rulemakings, including the first State regulation for reducing air emissions from diesel auxiliary engines on ocean-going ships beyond 3 nautical miles of California. (see tit. 13, Cal. Code Reg. (CCR), §2299.1; tit. 17, CCR, §93118); new off-road diesel engines and equipment (13 CCR §2420 et seq.); and the original stationary diesel- engine airborne-toxicant control measure (17 CCR §93115).Lead attorney on Goods Movement Emission Reduction Plan rulemakings for ocean-going ship main engines; Lead attorney on nearly all ARB contract-related issues and disputes, including Requests for Proposal (RFPs), Carl Moyer contracts, and performance breaches.Lead attorney on Proposition 1B ($1 Billion Trade Corridor Mitigation Program) trailer bill language and adoption of Prop. 1B Guidelines (Feb. 2008). Authored legal opinions on various issues relating to air quality control, federal preemption, international law, maritime law, contracts, and non-immigrant work visas.Negotiated settlements in excess of $200,000 for violations of air quality regulations.

Authored four opinions on legal issues such as legality of digital signatures for compliance reports and ARB's authority to regulate abrasive blasting materials.Researched legislative intent and history for various statutes in the Health & Safety Code.Co-authored and provided legal advice under supervision on statewide regulation for controlling diesel particulate matter and other air pollutants from stationary diesel engines (17 CCR §93115). Provided legal research, memoranda, and other assistance as required by senior attorneys.

Developed statewide air pollution regulation for on-road motorcycles and lead staff on cost analysis for enhanced vapor recovery (EVR) regulation while attending law-school; worked under the Hon. James Ryden, ALJ (SBN 118998).Authored or co-authored 8 major regulations and suggested control measures (SCMs), which cost effectively reduced smog-forming emissions by over 73,000 tons per year from consumer products, architectural coatings, on-road motorcycles, and gasoline stations.; Authored ARB's first emissions trading programs to provide regulatory flexibility for area-wide sources (consumer products), the Alternative Control Plan and the Architectural Coatings Averaging and Trading Program. Developed foundation for the California Low Emissions and Reactivity (CLEAR) Program, ARB's first photochemical reactivity-based regulation for solvent-use sources (consumer products and aerosol coatings). Conducted 17 public rulemaking workshops and evaluated technical and commercial feasibility of proposed air pollution regulations pursuant to State law. Negotiated directly with affected industry, local air districts and the U.S. Environmental Protection Agency during rule development. Developed innovative, first-at-ARB, cost-effectiveness methodologies and analyses in 1990-2000 for rulemakings involving consumer products, architectural coatings, and enhanced vapor recovery that are still in use by agency staff. The innovations used a modular approach to cost-effectiveness analyses to allow the Board to "cherry pick" which regulatory requirements and standards to adopt based on their relative cost-effectiveness.