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Home My WebLink AboutItem H January 10, 2000 STAFF REPORT To: Mayor and Members of the City Council Attention: Keith R. Till, City Manager From: Lee Whittenberg, Director of Development Services Subject: APPROVAL OF COMMENT LETTER - SCAQMD PROPOSED RULE 1190, CLEAN ON-ROAD VEHICLES FOR GOVERNMENT AND AIRPORT OPERATIONS SUMMARY OF REQUEST Authorize Mayor to sign comment letter, with any amendments determined appropriate. Instruct staff to forward to the Environmental Quality Control Board for information, and receive and file the Staff Report. DISCUSSION Summary of Proposed Rule 1190: Proposed Rule 1190, Clean On-Road Vehicles for Government and Airport Operations, will require fleets operating in the South Coast Air Quality management District (SCAQMD) to acquire clean-burning low-emission or alternative-fuel vehicles when procuring or leasing new vehicles. The proposed rule targets fleets of 15 or more vehicles operating within SCAQMD, specifically including: o federal, state, county, and city fleets; o public agencies (i.e., public transit operators and school districts; o privately owned fleets that are contracted by these agencies; o airport fleets; o private fleets operating under contract by the airports to conduct airport operations; and Agenda Item /74- C:\My Documerits\AQMP\Propo.od Rule 1190.CC Sluff Report.doc\l.wA01-05-99 Approval of Comment Letter— SCAQAID Proposed Rule 1190, Clean On-Road Vehicles for Government and Airport Operations City Council Staff Report January 10, 2000 ❑ private fleets that transport cargo and/or passengers to and from airports. This particular proposed rule is on a fast-track review process at SCAQMD and is not required to comply with the Air Quality Management Plan. Staff has been following this issue and in concert with other local agencies and the Orange County Council of Government's (OCCOG). Given some of the issues and concerns this proposed rule has generated, staff is recommending the City Council approve a comment letter setting forth some of those concerns. The proposed comment letter is provided as Attachment 1. The OCCOG Air Quality Technical Assistance Program has prepared a "Briefing Paper" on Proposed Rule 1190 and that is provided as Attachment 2 for the information of the City Council. The Department of Development Services has available for public review the following documents relating to Proposed Rule 1190: o Notice of Preparation of a Draft Environmental impact Report - Proposed Rule 1190, Clean On-Road Vehicles for Government and Airport Operations, dated November 12, 1999 o Preliminary Draft Staff Report - Proposed Rule 1190, Clean On-Road Vehicles for Government and Airport Operations, dated December 1999 FISCAL IMPACT Potential fiscal impact if rule is adopted as proposed due to possible increased cost of vehicle acquisition, increased costs may be able to be offset by use of AB 2766 for differential vehicle acquisition costs to comply with Proposed Rule requirements. RECOMMENDATION Authorize Mayor to sign comment letter, with any amendments determined appropriate. Instruct staff to forward to the Environmental Quality Control Board for information, and receive and file the Staff Report. Proposed Rule 1190.CC Staff Report 2 s Approval of Comment Letter- SCAQMD Proposed Rule 1190, Clean On-Road Vehicles for Government and Airport Operations City Council Staff Report January 10, 2000 NOTED AND APPROVED Whittenberg, Director Keith R. Till Development Services Department City Manager Attachments: (2) ATTACHMENT 1: Proposed City Council Comment Letter to SCAQMD re: Proposed Rule 1190, Clean On-Road Vehicles for Government and Airport Operations ATTACHMENT 2: OCCOG Briefing Paper re: "Proposed Rule 1190, Clean On-Road Vehicles for Government and Airport Operations", dated December 27, 1999 Proposed Rule 1190.CC Staff Report 3 Approval of Comment Letter- SCAQMD Proposed Rule 1190, Clean On-Road Vehicles for Government and Airport Operations City Council Staff Report January 10, 2000 ATTACHMENT 1 PROPOSED CITY COUNCIL COMMENT LETTER TO SCAQMD RE: PROPOSED RULE 1190, CLEAN ON-ROAD VEHICLES FOR GOVERNMENT AND AIRPORT OPERATIONS Proposed Rule 1190.CC Staff Report 4 SfAt 1 yih X . ? ty yam" O21x1Y .' t CITY 1ALL + d >iGt1jH 1 'SEAL.BEACH,CAtf0RNlA�O7AOi it p 1562)d31:2S27 • January 10, 2000 Mr. Dave Coel Mobile Sources Strategies Section Planning, Rule Development&Area Sources South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 SUBJECT: CITY OF SEAL BEACH COMMENT RE: PROPOSED RULE 1190, CLEAN ON-ROAD VEHICLES FOR GOVERNMENT AND AIRPORT OPERATIONS Dear Mr. Coel: The City of Seal Beach City Council has reviewed information regarding this proposed rule and has several concerns and issues that we feel need to be raised prior to any Board action on the subject rule. Given the potential fiscal and operational impacts to the subject agencies, we request the rule making time schedule be modified to allow for fuller discussion and consideration of the substantial issues revolving around this proposed rule. Our comments and concerns should be taken in conjunction with the Orange County Council of Governments' concerns, which we understand will be forwarded to you after OCCOG Board approval. The City of Seal Beach has been a strong supporter of the use of alternative-fuel and low-emission vehicles. Within the past year our city has acquired 4 electric vehicles and 8 CNG vehicles, representing approximately 15% of the total city fleet, and has shared in the costs of developing a public fast-fuel CNG fueling facility within the City. We will continue to replace existing vehicles with the appropriate low- emission/alternative fuel vehicle after an appropriate analysis of the overall operating characteristics of new vehicle available for replacement. Our City is supportive of utilizing advanced technologies to address issues addressed in the recently released Multiple Air Toxics Exposure Study (MATES H) study. However, it is our position that the proposed rule, as it is currently written, will unduly burden regulated C:1My Documents AQMP'Proposed Rule 1190.CC Comment Letter.doc\L.W\01-10-00 s 3 City of Seal Beach Comment Letter re: Proposed Rule 1190- Clean On-Road Vehicles for Government and Airport Operations January 10, 2000 agencies through the aggressive implementation schedule proposed within the rule and by forcing significant financial commitments to be made to technologies that may not be best suited over the short- and long-term. As indicated within the MATES II Study, approximately 70 percent of the risks associated with toxic air contaminants are generated by diesel particles. Although light-duty gasoline fueled vehicles also generate toxic emissions, they represent a much smaller percentage, approximately 20%. Given the bulk of the toxic air emissions are generated by diesel- fueled vehicles, it is strongly requested the SCAQMD focus this rule making effort to diesel-fueled vehicles only. In addition, the following general concerns should be considered by SCAQMD staff and the Board prior to any final action on this proposed rule: o The Proposed Rule should include the following components to ensure flexibility , such as allowing exemptions if: o Financial hardship can be demonstrated o Technology is unavailable o There is a lack of reasonably adequate fueling infrastructure, and o Vehicles have extremely low annual vehicle miles. o An infrastructure gap analysis should be conducted to identify areas without adequate fueling facilities. This information may justify allowing for extensions or possibly extensions. It should be recognized that additional time and funding will be required to develop the needed facilities to meet the increase fueling needs, depending on the type of low-emission or alternative-fuel vehicles selected by an agency. o The Proposed Rule includes a two phased approach beginning with fleets with 100 or more vehicles in 2001 and then 15 or more vehicles in 2002. This phasing schedule should be carefully reviewed and evaluated prior to any final Board action. We appreciate the opportunity to comment on Proposed Rule 1190. The City Council considered this matter on January 10, 2000, and authorized the Mayor to sign this letter, representing the formal comments of the City of Seal Beach. If you have questions regarding this matter, please contact Mr. Lee Whittenberg, Director of Development Services, at (562) 431-2527, extension 313. He will be most happy to clarify any concerns or answer additional questions that you may have. Proposed Rule 1190.CC Comment Letter 2 7 City of Seal Beach Comment Letter re: Proposed Rule 1190- Clean On-Road Vehicles for Government and Airport Operations January 10, 2000 Sincerely, /,6_1? Paul Yost Mayor, City of Seal Beach cc: City Council Environmental Quality Control Board Director of Development Services Orange County Council of Governments Proposed Rule 1190.CC Comment Letter 3 Approval of-Comment Letter— SCAQMD Proposed Rule 1190, Clean On-Road Vehicles for Government and Airport Operations City Council Staff Report January 10, 2000 ATTACHMENT 2 OCCOG BRIEFING PAPER RE: "PROPOSED RULE 1190, CLEAN ON-ROAD VEHICLES FOR GOVERNMENT AND AIRPORT OPERATIONS", DATED DECEMBER 27, 1999 Proposed Rule 1190.CC Staff Report 8 ORANGE COUNTY COUNCIL OF GOVERNMENTS Air Quality Technical Assistance Program BRIEFING PAPER PROPOSED RULE 1190 Clean On-Road Vehicles for Government and Airport Operations As part of the South Coast Air Quality Management District's (AQMD)effort to reduce toxic air pollutants, the AQMD Governing Board directed staff to develop a Rule requiring public fleets to acquire clean-burning vehicles. Concern over toxic air contaminants has come on the heals of a study recently completed by the AQMD, referred to as MATES ll (Multiple Air Toxics Exposure Study), which concluded that diesel particulates account for 70 percent of total cancer risk estimated in the South Coast Air Basin. Proposed Rule 1190 has been developed to reduce diesel emissions from heavy- duty vehicles, as well as other toxic pollutants generated by light-duty vehicles. OVERVIEW 100 percent of all vehicle purchases clean-burning. The other fleets targeted by the Proposed Rule are not Proposed Rule 1190, Clean On-Road Vehicles for currently mandated to acquire clean-burning vehicles. Government and Airport Operations, will require fleets The SCAQMD estimates between 60,000 to 80,000 operating in the South Coast Air Quality Management vehicles will be affected by Rule 1190 in the public District (SCAQMD) to acquire clean-burning low- sector alone. emission or alternative-fuel vehicles when procuring or leasing new vehicles. The SCAQMD includes Orange What vehicles comply with the Rule? County and the non-desert portions of Los Angeles, San Bernardino and Riverside counties. California Health and Safety Code Section 39017.05 defined a low emission vehicles as "a motor vehicle Who is affected? which has been certified by the California Air Resources Board to meet all applicable emission standards and The Proposed Rule targets fleets of fifteen or more which meets at least one of the following additional vehicles operating in the District, specifically including: requirements: • federal, state, county and city fleets; 1) Is capable of operating on methanol and meets the • public agencies (i.e, public transit operators and requirements of section (3). school districts); and 2) Is capable of operating on available fuel other than • privately owned fleets that are contracted by these gasoline or diesel. agencies. 3) Operates in gasoline and is certified to meet • Airport fleets, hydrogen exhaust standards which is at least twice • private fleets operating under contract by the as stringent as gasoline vehicles. airports to conduct airport operations; and District staff has developed a list of vehicle models and • private fleets that transport cargo and/or passengers engines which meet the criteria discussed above (see to and from airports. Attachment 1 of Proposed Rule). The vehicle list includes vehicles for light-, medium-, and heavy-duty Federal and state agencies are already required to super- acquire clean-fueled vehicles as mandated by under the vehicles which meet certification standards from Energy Policy Act of 1992 (EPAct). Beginning in 2002, ultra low (SULEV), ultra-low (ULEV), and low emission these fleets will be required to make 75 percent of light- vehicles (LEV). duty vehicles purchases clean-fueled. However, the Proposed Rule would require these agencies to make PROPOSED RULE 1190 Clean On-Road Vehicles for Government and Airport Operations Page 1 12/27/99 fl J Briefing Paper: Proposed Rule 1190 Who is exempt? Is funding available to support the The Rule exempts vehicles operated by police purchase of the vehicles? department, fire department, hospital, medical or The lack of support for mandates such as Rule 1190 is paramedic facility, and exclusively used for responding always a concern. The SCAQMD feels there are to situations where potential threats to life or property adequate incentives available from a variety of sources. exists. • Local jurisdictions' AB2766 subvention funds can IMPLEMENTATION SCHEDULE support purchase of clean fuel vehicles purchases. • The Proposed Rule will be implemented in phases Carl Moyer Program funds can be utilized to support beginning upon Rule adoption. The following identifies heavy-duty clean fuel acquisitions. the implementation schedule. In addition, District staff has suggested they intend to work with the local colleges to offer mechanic training • Upon Rule adoption: fleet operators of 15 or more programs. urban buses shall procure clean-burning vehicles when adding or replacing urban buses to their Is the SCAQMD Required to Implement this vehicle fleet. Rule? • Beginning January 1, 2001: public and airport fleets of 100 or more vehicles shall procure clean- Rule 1190 is intended to assist the SCAQMD in its effort to reduce toxic air emissions and is not a part of the Air burning vehicles when adding or replacing vehicles. Quality Management Plan (AQMP). As such, the District • Beginning January 1, 2002: public and airport is not mandated by federal or state law to implement fleets of 15 or more vehicles shall procure clean- Rule 1190 specifically. Because it is not part of the burning vehicles when adding or replacing vehicles. AQMP, the SCAQMD will not be required to achieve a specified level of emission reductions as result of Rule RULE COMPLIANCE 1190 implementation. Therefore, additional flexibility could be incorporated into the Proposed Rule to reduce Compliance with Proposed Rule 1190 will be conducted the level of impact on affected fleets. through a vehicle registration program. Clean-burning vehicles do not meet my • Vehicle Registration: Within 4 months of Rule operational needs. adoption and annually thereafter, fleets targeted by the Proposed Rule shall provide the SCAQMD with Clean-burning vehicles do not currently satisfy the fleet data including for each vehicle: official DMV operational demands for all vehicle applications. As the registrations, principal vehicle location, Rule is currently written it requires the deployment of manufacturer, model year, model and fuel type. clean burning vehicles, regardless of whether or not • Auditing: The District may: 1) request files/records technologies are available which meet the various operational demands of public fleets. An extensive created to comply with the Rule, and 2) inspect facilities and vehicles. assessment of the fleet vehicles targeted and their operational needs and the availability of clean-burning • Violations: Fleets deemed not in compliance with vehicles should be conducted prior to Rule adoption. the Rule shall be cited and subjected to the penalties specified in the California Health and What if fueling facilities are not available? Safety Code for violation of District Rules. SCAQMD staff recognizes that some fleets are not adequately supported by infrastructure to fuel clean- ISSUES burning vehicles. Lack of infrastructure has traditionally been a major barrier for fleets, particularly with CNG Following are a few issues that need to be addressed fueling stations, which are sometimes quite costly. prior to action being taken on Proposed Rule 1190: Private fueling providers often provide facilities if the demand can be demonstrated and funding programs are available. Page 2 The Planning Center ORANGE COUNTY COUNCIL OF GOVERNMENTS Air Quality Technical Assistance Program Why ALL vehicle types? with fleets with 100 or more vehicles on 2001 and then 15 or more vehicles in 2002. The phasing The primary purpose of the Proposed Rule is to reduce schedule could be altered/extended. toxic air emissions. As demonstrated in the recently completed MATESII study, 70 percent of the risks • Exemptions: Although funding programs are associated with toxic air contaminants are generated by available, increased costs could cause a financial diesel particulates. Although light-duty gasoline fueled hardship for several fleets. Financial constraints vehicles also generate toxic emissions, they represent a could justify a fleet exemption. much smaller percentage of the toxic emission inventory (the MATESII study indicated passenger cars and other ADOPTION SCHEDULE mobile sources generate 20% of the risks from toxic emissions). Given the bulk of toxic emissions are The Proposed Rule is on a fast track adoption schedule. generated by diesel-fueled vehicles, is it necessary to The following identifies the proposed adoption also focus on non-diesel vehicles? schedule: Why Focus on Local Government? November 1999 Release Draft Rule Preliminary data released by District staff indicates the December 21, 1999 Public Workshop Proposed Rule will affect close to 63,000 vehicles, 34% January 12, 2000 Public Workshop of which are estimated to be diesel-fueled. Local January 21, 2000 Comments Due government vehicles make-up 56% of the vehicles targeted, or 35,000 vehicles. The Air Resources Board February 2000 AQMD Board Adoption estimates approximately 10.5 million vehicles are The timeframe identified by the AQMD does not seem currently registered in the South Coast Air Basin (Basin) adequate to address the issues being raised regarding (source: MVEI7G Burden Run). Because local Proposed Rule 1190. Additional time should be allotted government fleets represent a small percentage of the to thoroughly examine the impacts of the Proposed total vehicles in use in the Basin it can also be assumed Rule, to ensure a firm understanding of vehicle that they generate a small percentage of emissions categories affected, and comprehensively evaluate the relative to the other vehicles in use. Therefore, potential technologies required to meet the Rule requirements. emission reductions resulting from Proposed Rule 1190 would be minimal compared to the potential emission reductions which could be achieved by targeting larger CONCLUSION fleet categories. Proposed Rule 1190 has potential to impact several How can the Rule be modified to reduce its jurisdictions in Orange County as well as, school districts and local transit providers. Close to 300 people attended impact on fleet operators? the December 21' Workshop. Many of the issues Several options where discussed regarding the potential discussed above were raised during public testimony. impacts on fleet operators and how to reduce those Due to the fast-tracked adoption schedule and potential impacts while still meeting the objectives of the Rule. impact of the Proposed Rule, it is recommended that Some of the suggestions are discussed below: jurisdictions and agencies potentially affected by the Rule attend the Public Workshops and report to their • Phased acquisition: Currently the Proposed Rule City Councils/governing boards at the earliest requires 100 percent of vehicle purchases to be opportunity. A detailed report will be presented to the clean burning. A phased acquisition schedule could OCCOG TAC on January 4' and issues and possible be developed allowing fleet operators to become recommendations will be presented to the OCCOG familiar with the varying fuel types, their operational Board in January. characteristics and to select the appropriate applications to use clean-burning vehicles. P:\od-06\R11901RuIe119OBr}pep tloc • Phased Implementation: Currently the Proposed Rule includes a two phased approach beginning PROPOSED RULE 1190 Clean On-Road Vehicles for Government and Airport Operations Page 3 12/27/99 O U a) O U O O D N Q xi co - a) Z 03 C 11( ._E C z o > Co L I- Co o a) m c 0 v Zh ,2 co v) V .0 C J C PI c U a)) > •v O a) .p 0 0, z v U4-1(1) N VCUN Co >N w 0 ID Ch N a) O C.) 0 Co t5 (0 (1) 2 U) -o n co Q F Q) m OV Z p Q a) _0 • Oo a ) Q - cn 4 IISDA.k a) Q a) Va) X U v CC Li_ W co IN O U U O i L N O ) a) .p Q O t 0) N 0 00 0 Z .O et CD C v c a) u) +r U p a cr 15 Cll 0 CU a) U co C.) 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