HomeMy WebLinkAboutCC AG PKT 2005-04-25 #J •
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AGENDA REPORT r �
DATE: April 25, 2005
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: June Yotsuya, Assistant City Manager
SUBJECT: ADOPTION OF RESOLUTION IN SUPPORT OF AB 1222
(JONES); AB 888 (DE LA TORRE); AND SB 459
(ROMERO); WHICH WOULD ENACT LOCOMOTIVE
AND RAIL YARD EMISSIONS REDUCTION AND
MITIGATION PROGRAMS; A REMOTE SENSING
PROGRAM; AND CALL UPON U.S. EPA TO FURTHER
LIMIT LOCOMOTIVE EMISSIONS
SUMMARY OF REQUEST:
City Council is requested to adopt a resolution supporting three bills that would enact the
following: 1) locomotive and rail yard emissions reduction and mitigation programs, 2) a
remote sensing program; and 3) call upon U.S. EPA to further limit locomotive emissions.
DISCUSSION:
The South Coast Air Quality Management District (SCAQMD) is responsible for ensuring
that the South Coast Air Basin meet federal clean air standards. Since its creation by the
California Legislature in 1977, it has made significant progress in reducing air pollution
from stationary sources such as manufacturers, refineries and small businesses. However,
the SCAQMD does not have authority to regulate pollution emissions from mobile sources
such as trains, planes, ships, trucks and cars, that account for over 75% of pollution
emissions in the region. Pollution from those sources may prevent the Basin from
achieving clean air standards by the legally mandated federal deadline of 2010. Failure to
meet this deadline may result in more economic and business constraints by the federal
government and a loss of federal transportation dollars.
In May 2004, the City Council adopted a resolution in support of a bill sponsored by
Escutia that would provide authority to SCAQMD to regulate emissions of air
contaminants from locomotives and rail yards and help the District respond to the
mandates of the Federal Clean Air Standards.
Agenda Item L/
April 25, 2005
City Council Agenda Report- Support of AB 1222; AB 888; and SB 459
Page 2
Recently, three bills have been sponsored that further address the issues surrounding the
regulations of pollution emissions in our Basin. SCAQMD has respectfully requested that
the City Council adopt the attached resolution that would support AB 1222 (Jones) that
would enact locomotive and rail yard emissions reduction and mitigation programs; AB
888 (De La Torre) enacting a remote sensing program; and SB 459 (Romero) that would
call upon the United States Environmental Protection Agency to further limit locomotive
emissions.
FINANCIAL IMPACT:
No projected direct fiscal impact to cities.
RECOMMENDATION:
City Council to consider the adoption of Resolution No. supporting AB 1222
(Jones); AB 888 (De La Torre); and SB 459 (Romero) which would enact locomotive and
rail yard emissions programs; a remote sensing program; and call upon U.S. EPA to further
limit locomotive emissions.
Submitted by:
e Yotsu a, Assistant City Manager
NO - D AN II AP OV 4 D
l --
John B : ahorski, City Manager
1
Att. chments:
Resolution
AB 1222
AB 888
SB 459
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April 25, 2005
Dr. William A. Burke, Chair
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765
Dear Dr. Burke,
At the April 25, 2005 meeting, the Seal Beach City Council passed Resolution No. 5326
in support of Assembly Bill 1222, Assembly Bill 888 and Senate Bill 459. These bills
address enacting locomotive and rail yard emissions reduction and mitigation programs,
creating a remote sensing program, and calling upon U.S. EPA to further limit locomotive
emissions.
Sincerely,
1 1) 0 ,,„q" ---------
Paul Yost
Mayor
— South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar CA, 91765
Contact: Oscar Abarca
Phone: 909-396-3242
Fax: 909-396-3641
661ii, E -mail: oabarca @agmd.gov
Remote Air Pollution Sensing Program for Railroad Locomotives (AB 1222 — Jones)
A Legislative Bill to Facilitate the Detection and Reporting of Highly Polluting Locomotives
Over ninety percent of Californians breathe unhealthful air. California's air pollution control
programs for mobile sources and fuels have helped to reduce emissions of air contaminants, but
significant additional reductions in mobile source emissions are needed for the state to attain and
maintain state and national ambient air quality standards, as well as reduce the effects of
emissions of toxic air contaminants such as diesel exhaust.
Railroad locomotives create a large amount of air pollution in California. The state board
estimates that locomotives emit over 177 tons of smog- forming nitrogen oxides per day in the
state. Locomotive exhaust also includes diesel particulates, which are designated toxic air
contaminants based on carcinogenic effects. Because of the size of locomotive engines, the
close proximity of their operations to populated areas, and the toxic nature of diesel exhaust,
high - polluting locomotives can pose a unique risk to public health and safety.
Diesel exhaust emissions are responsible for 70 percent of the cancer risk from air pollution in
California. These emissions are also preventing California from achieving state and federal clean
air standards because of the oxides of nitrogen.
Over the years, stringent regulations in California have reduced emissions by over 90 percent
from most significant stationary sources and from motor vehicles and other mobile sources under
the jurisdiction of state and local authorities. However, locomotives have been controlled far less
stringently and therefore have not achieved their fair share of emission reductions needed to
meet state and federal clean air standards.
The ability of state and local governments to control emissions from these sources is constrained.
Although federal law mandates that the state adopt rules to attain national ambient air quality
standards, it preempts state and local jurisdiction from establishing exhaust emission standards
or other requirements related to the control of emissions from this significant pollution source.
However, new technologies such as remote air pollution sensing, can be used to identify high -
polluting locomotives. Coupled with a program to alert the owners and operators of these
locomotives (along with the community) as to which units are creating excessive air pollution -
maintenance, repair, or replacement can be recommended on a voluntary basis to help reduce
the public's exposure.
This proposal would direct the California Air Resources Board to establish a program to utilize
remote - sensing technology, on a statewide basis, to monitor railroad locomotives and encourage
voluntary repair, maintenance or replacement of high - polluting locomotives by their owners or
operators. It would also provide a mechanism to allow the public easy access to the monitoring
results so that they can be aware of air emissions within their communities.
The cost of this state program would be recovered through authorization by this proposed bill
from a minimal fee levied upon the owners and operators of the locomotives.
The South Coast Air Quality Management District is the air pollution control agency for Orange
County and the major portions of Los Angeles, San Bernardino and Riverside Counties.
Rev. 3 -01 -05 KH
CALIFORNIA LEGISLATURE - 2005 -06 REGULAR SESSION
ASSEMBLY BILL No. 1222
Introduced by Assembly Member Jones
February 22, 2005
An act to add Part 5.5 (commencing with Section 44275) to
Division 26 of the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1222, as introduced, Jones. Air pollution: Locomotive Air
Pollution Control: High - Polluting Locomotive Program.
Existing law designates the State Air Resources Board as the state
agency charged with coordinating efforts to attain and maintain
ambient air quality standards. Existing law generally designates the
state board as the state agency with the primary responsibility for the
control of vehicular air pollution, and air pollution control districts
and air quality management districts with the primary responsibility
for the control of air pollution from all sources other than vehicular
sources.
This bill would establish the High - Polluting Locomotive Program,
and would require the State Air Resources Board to encourage
voluntary testing, repair, maintenance. or replacement of
high - polluting locomotives by their owners or operators, as provided.
This bill would, among other things, require the state board to
establish a remote sensing program to determine the levels of air
contaminants emitted by locomotives during operations, and would
require the state board to identify and notify the public and the owners
and operators of the operation of a high - polluting locomotive, as
defined.
This bill would also require the state board to notify the California
Public Utilities Commission of any circumstance in which operation
99
AB 1222 — 2 —
of a high - polluting locomotive may endanger the public health and
safety of railroad employees, passengers, and the general public. The
bill would permit the state board to impose a fee on owners or
operators of locomotives operating within the state for the purpose of
recovering costs of the program, as provided.
This bill would make legislative findings and declarations relating
to the emissions of air contaminants in the state by locomotives.
This bill would declare that if any of its provisions are held invalid,
that invalidity shall not affect the validity of other provisions of the
bill to the extent they are severable.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Part 5.5 (commencing with Section 44275) is
2 added to Division 26 of the Health and Safety Code, to read:
3
4 PART 5.5. LOCOMOTIVE AIR POLLUTION CONTROL
5
6 44275. The Legislature finds and declares all of the following:
7 (a) Over 90 percent of Californians breathe unhealthful air.
8 California's air pollution control programs for mobile sources
9 and fuels have helped to reduce emissions of air contaminants,
10 but significant additional reductions in mobile source emissions
11 are needed for the state to attain and maintain state and national
12 ambient air quality standards, and to reduce the effects of
13 emissions of toxic air contaminants such as diesel exhaust.
14 (b) Locomotives create a large amount of air pollution in
15 California. The state board estimates that the locomotives emit
16 over _ tons of smog - forming nitrogen oxides per day in the
17 state. Locomotive exhaust also includes diesel particulate, which
18 are designated toxic air contaminants based on carcinogenic
19 effects. Because of the size of locomotive engines, the close
20 proximity of their operations to populated areas, and the toxic
21 nature of diesel exhaust, high - polluting locomotives can pose a
22 unique risk to public health and safety.
23 (c) New technologies such as remote sensing can identify
24 high - polluting locomotives and promote their repair,
25 maintenance, or replacement.
99
- AB 1222
1 (d) Promoting repair, maintenance, or replacement of
2 high - polluting locomotives is a cost - effective method to reduce
3 emissions and help achieve air quality standards throughout the
4 state.
5 (e) People residing or working in close proximity to
6 locomotive operations have a right to be informed regarding
7 locomotive emissions that may affect the quality of air that those
8 people breathe.
9 44276. (a) The High - Polluting Locomotive Program is
10 hereby established as provided in this section.
11 (b) The state board shall establish a program to encourage
12 voluntary testing, repair, maintenance, or replacement of
13 high - polluting locomotives by their owners or operators. The
14 program shall include all of the following elements:
15 (1) Remote sensing or other techniques and technologies
16 carried out by or on behalf of the state board to identify
17 high - polluting locomotives. In implementing this paragraph, the
18 state board shall establish a remote sensing program to determine
19 levels of nitrogen oxides, particulates, and, if feasible, other air
20 contaminants emitted by locomotives during operation. A
21 locomotive shall be deemed to be "high- polluting" pursuant to
22 this paragraph if it is determined through remote sensing or other
23 means to emit air contaminants at a rate that is determined by the
24 state board to meet any of the following:
25 (A) Is inconsistent with best repair and maintenance practices.
26 (B) Is 25 percent or more in excess of certification standards
27 applicable to the locomotive, or, if no certification standard is
28 applicable, at a rate 25 percent or more in excess of average
29 emission rates for similar, well- maintained locomotives.
30 (C) Is likely within the top 20 percent of emissions rates of
31 locomotives operating in the nonattainment area, including, but
32 not limited to, locomotives of any age that are in line haul or
33 switcher service.
34 (2) Notification procedures to inform the locomotive owner or
35 operator and the public regarding the operation of a locomotive
36 determined to be high - polluting. The notification procedures
37 shall include notification in writing to the owner or operator of
38 any high - polluting locomotive that the locomotive has been
39 identified as high - polluting, and that continued operation of the
40 locomotive may contribute to adverse effects on the health of
99
AB 1222 —
1 Californians. The state board shall require the owner or operator
2 of the locomotive to publicly identify information regarding the
3 emissions characteristics of the locomotive, and any actions the
4 owner or operator has taken or will take to reduce emissions from
5 the locomotive or to replace the locomotive with a lower emitting
6 unit.
7 (3) A public data bank for the purpose of tracking the testing,
8 repair, maintenance, and replacement of high - polluting
9 locomotives.
10 (c) The state board shall notify the California Public Utilities
11 Commission of any circumstance in which operation of a
12 high - polluting locomotive may endanger the public health and
13 safety of railroad employees, passengers, and the general public.
14 (d) The state board shall adopt any regulations that are
15 necessary to enable the board to implement this section. These
16 regulations may include, but are not limited to, requirements for
17 the owner or operator of a locomotive to provide information
18 regarding the age, model, or maintenance, rebuild, or
19 remanufacture history of a locomotive, or, to the extent that it is
20 reasonably available, information regarding the operating
21 parameters of the locomotive at the time its emissions were
22 subjected to remote sensing.
23 (e) If any provision of this section or the application thereof to
24 any person or circumstance is held invalid, it is the intent of the
25 Legislature that the invalidity not affect other provisions or
26 applications of the section that can be given effect without the
27 invalid provision or application, and to this end the provisions of
28 this section are severable.
29 44277. The state board, at a public hearing, may impose a fee
30 on owners or operators of locomotives operating within the state
31 for the purpose of recovering the costs of implementing the
32 High - Polluting Locomotive Program. The board may contract
33 with another state agency for the collection of the fees authorized
34 by this section.
0
99
— South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar CA, 91765
" ' Contact: Oscar Abarca
Phone: 909-396-3242
- Fax: 909- 396 -3641 '
1AO * E -mail: oabarca@agmd.gov
Railroad -Yard Equipment Emission Reduction Program (AB 888 — De La Torre)
A Legislative Bill to Reduce Air Pollution from Rail Yard Operations
Air pollution from rail yard equipment, including yard- tractors, hostiers, cranes, fork lifts and other
mobile source equipment primarily fueled with diesel fuel, contribute to exceedances of federal
and state ozone and particulate standards in the South Coast Air Basin.
Diesel exhaust emissions are also responsible for 70 percent of the cancer risk from air pollution
in California. Communities near rail yards, including, but not limited to, low- income communities,
are adversely impacted by toxic exhaust from diesel - powered rail yard equipment. In October
2004, the state board released a study of cancer risks in the vicinity of a railyard in Roseville,
California which estimated that persons in the vicinity of the railyard are exposed to diesel
exhaust at a level that creates a cancer risk of 500 in one million.
Over the years, stringent regulations in California have reduced emissions by over 90 percent
from most significant stationary sources and from motor vehicles and other mobile sources under
the jurisdiction of state and local authorities. However, rail yard equipment has been controlled
far less stringently and therefore has not achieved its fair share of emission reductions needed to
meet state and federal clean air standards.
New technologies to reduce diesel particulate and ozone precursor emissions at rail yards are
available and are cost - effective. Such emission reduction technologies include low sulfur diesel
fuel, particulate matter traps, NOx reduction catalysts, and emulsified diesel fuel.
This proposal would authorize the south coast district to adopt regulations within its jurisdiction
requiring the owner or lessee of any heavy -duty motor vehicle, nonroad engine, or nonroad
vehicle to install retrofit controls or replace existing equipment with clean technologies to reduce
emissions of air contaminants to the maximum extent feasible if those vehicles or engines
operate substantially in a rail yard.
This bill would also:
• require the California Air Resources Board to submit any AQMD regulations
initiated by this program to the United States Environmental Protection Agency
for any necessary authorizations prior to their implementation.
• not interfere with federal authority over establishing new locomotive exhaust
emission standards
• not violate any provisions of a 1998 memorandum of understanding between the
railroad companies and the state Air Resources Board to accelerate introduction
of newer, lower- emitting locomotives into the South Coast Air Basin by 2010.
• Not be duplicative of planned USEPA/CARB regulation adoption regarding Diesel
fuel sulfur content.
The South Coast Air Quality Management District is the air pollution control agency for Orange
County and the major portions of Los Angeles, San Bernardino and Riverside Counties.
Rev. 2 -24 -05 KH
CALIFORNIA LEGISLATURE - 2005 -06 REGULAR SESSION
ASSEMBLY BILL No. 888
Introduced by Assembly Member De La Torre
February 18, 2005
An act to add Article 9 (commencing with Section 40550) to
Chapter 5.5 of Part 3 of Division 26 of the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 888, as introduced, De La Torre. Air pollution: South Coast
Air Quality Management District: rail yard equipment emissions.
(1) Existing law designates the State Air Resources Board as the
state agency charged with coordinating efforts to attain and maintain
ambient air quality standards. Existing law generally designates the
state board as the state agency with the primary responsibility for the
control of vehicular air pollution, and air pollution control districts
and air quality management districts with the primary responsibility
for the control of air pollution from all sources other than vehicular
sources. Existing law, the Lewis - Presley Air Quality Management
Act, designates the South Coast Air Quality Management District
(south coast district) as the sole and exclusive authority within the
South Coast Air Basin with the responsibility for comprehensive air
pollution control. Existing law, the federal Clean Air Act, prohibits
any state from adopting or enforcing any standard relating to the
control of emissions from new motor vehicles or new motor vehicle
engines, but requires the Administrator of the federal Environmental
Protection Agency to waive that prohibition, or authorize a state to
adopt and enforce standards relating to motor vehicles or motor
vehicle engines or to nonroad vehicles or nonroad engines, if a state
99
AB 888 — 2 —
determines that its standards are at least as protective of human health
as the federal standards.
This bill would authorize the south coast district to establish a rail
yard equipment emission reduction program by permitting the south
coast district to adopt regulations requiring the owner or lessee of any
heavy -duty motor vehicle, nonroad engine, or nonroad vehicle to
install retrofit controls or replace existing equipment with clean
technologies to reduce emissions of air contaminants to the maximum
extent feasible, if that vehicle or engine operates substantially in a rail
yard within the south coast district, as determined by the south coast
district. The bill would specify that a regulation adopted pursuant to
the bill that is applicable to motor vehicles shall not be implemented
until January 1, 2007.
The bill would also require the State Air Resources Board to submit
any regulations adopted by the south coast district to the federal
Environmental Protection Agency for a waiver or authorization,
unless the state board makes certain findings.
This bill would preclude the south coast district from adopting any
regulation within the scope of preemption established by federal
regulations.
This bill would declare that if any of its provisions are held invalid,
that invalidity shall not affect the validity of other provisions of the
bill to the extent the provisions are severable.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. (a) The Legislature finds and declares all of the
2 following:
3 (1) Federal and state health -based ambient air quality
4 standards for ozone and particulates are exceeded regularly and
5 by a wide margin in the South Coast Air Basin. The South Coast
6 Air Basin is one of two areas in the United States designated as
99
-3— AB888
1 extreme nonattainment for the National Ambient Air Quality
2 Standard for ozone. Attaining this standard will require
3 extraordinary efforts by federal, state, and local regulatory
4 authorities working in concert.
5 (2) The federal Environmental Protection Agency recently
6 adopted more stringent 8 -hour ozone and PM2.5 particulate
7 standards that will require even greater emission reductions in the
8 South Coast Air Basin. The South Coast Air Basin is designated
9 "Severe 17" for the 8 -hour ozone standard, the worst in the
10 nation.
11 (3) Air pollution from rail yard equipment, including
12 yard- tractors, hostlers, cranes, fork lifts and other mobile source
13 equipment primarily fueled with diesel fuel, contribute to
14 conditions that exceed federal and state ozone and particulate
15 standards in the South Coast Air Basin.
16 (4) Diesel exhaust is designated as a toxic air contaminant and
17 accounts for over 70 percent of the cancer risk from air
18 contaminants in southern California. Communities near rail
19 yards, including, but not limited to, low- income communities and
20 communities of minority populations, are adversely impacted by
21 toxic exhaust from diesel - powered rail yard equipment. In
22 October 2004, the state board released a study of cancer risks in
23 the vicinity of a rail yard in Roseville, California, which
24 estimated that persons in the vicinity of the rail yard are exposed
25 to diesel exhaust at a level that creates a cancer risk of 500 in one
26 million. Emissions from rail yards in the south coast district
27 contribute to regional cancer risks that have been estimated by
28 the district to average 1,400 in a million, with higher risk levels
29 in the vicinity of transportation sources.
30 (5) Emissions from equipment within rail yards are expected
31 to rise as train traffic increases due to increases in international
32 trade. In order to attain state and federal standards for ozone and
33 particulates, as well as to reduce toxic air contaminants, it is
34 necessary that emissions from rail yard equipment be further
35 controlled.
36 (6) Existing state law authorizes the south coast district to
37 adopt regulations controlling emissions from nonvehicular
38 sources, including nonroad engines or vehicles, and authorizes
39 the California Air Resources Board to adopt regulations
40 controlling emissions from vehicular sources. Federal law
99
AB 888 —4 —
1 requires that a waiver or authorization be obtained from the
2 federal Environmental Protection Agency for certain standards or
3 other requirements relating to the control of emissions from
4 specified engines and vehicles.
5 (7) New technologies to reduce diesel particulate and ozone
6 precursor emissions at rail yards are available and are
7 cost - effective. The emission reduction technologies include low
8 sulfur diesel fuel, particulate matter traps, NOx reduction
9 catalysts, emulsified diesel fuel, and other technologies.
10 (8) In 1998, the state board entered into a memorandum of
11 understanding with the Burlington Northern and Santa Fe
12 Railway Company, and the Union Pacific Railroad Company,
13 under which the railroads agreed to utilize by 2010 locomotives
14 in the South Coast Air Basin that meet a specified fleet average
15 emissions limitation. The memorandum of understanding does
16 not contain provisions pertaining to rail yard equipment.
17 (9) The memorandum of understanding referred to in
18 paragraph (8) provides that the railroads may terminate the
19 agreement in the event the state or any political subdivision takes
20 any action to establish any requirement applicable to locomotives
21 or locomotive engines that is within the scope of the preemption
22 established in the Emission Standards for Locomotives and
23 Locomotive Engines adopted by the federal Environmental
24 Protection Agency on April 16, 1998, as set forth in Parts 85, 89,
25 and 92 of Title 40 of the Code of Federal Regulations.
26 (10) The authorization in this act for establishment by the
27 south coast district of a rail yard equipment emission reduction
28 program does not include adoption by the district of a regulation
29 that would constitute a requirement applicable to locomotives
30 that is within the scope of federal preemption referred to in the
31 memorandum of understanding between the state board and the
32 participating railroads. It is therefore necessary to implement
33 legislation to authorize the South Coast Air Quality Management
34 District to implement a rail yard equipment emission reduction
35 program.
36 (b) It is the intent of the Legislature to provide authorization
37 for the South Coast Air Quality Management District to
38 implement a rail yard equipment emission reduction program.
99
-5— AB 888
1 SEC. 2. Article 9 (commencing with Section 40550) is added
2 to Chapter 5 of Part 3 of Division 26 of the Health and Safety
3 Code, to read:
4
5 Article 9. RAIL YARD EQUIPMENT EMISSION
6 REDUCTION PROGRAM
7
8 40550. The purpose of this article is to authorize the south
9 coast district to establish a rail yard equipment emission
10 reduction program, to decrease the emissions from equipment
11 within rail yards in the south coast district.
12 40551. (a) The south coast district may adopt regulations
13 requiring the owner or lessee of any heavy -duty motor vehicle,
14 nonroad engine, or nonroad vehicle to install retrofit controls or
15 replace existing equipment with clean technologies to reduce
16 emissions of air contaminants to the maximum extent feasible, as
17 determined by the south coast district, if that vehicle or engine
18 operates substantially in a rail yard within the south coast district,
19 as determined by the south coast district. A regulation adopted
20 pursuant to this section that is applicable to motor vehicles shall
21 not be implemented until January 1, 2007.
22 (b) The state board shall submit any regulations adopted by the
23 district pursuant to this section to the federal Environmental
24 Protection Agency for a waiver or authorization pursuant to
25 subdivision (b) or (e), as applicable, of Section 7543 of Title 42
26 of the United States Code, if the south coast district board makes
27 the determinations required by those subdivisions, unless the
28 state board finds, based on evidence presented at a public
29 hearing, that either of the following apply:
30 (1) The proposed waiver or authorization is unnecessary in
31 order for the south coast district to implement the regulations.
32 (2) The proposed waiver or authorization cannot lawfully be
33 granted by the federal Environmental Protection Agency, and no
34 actions could be taken by the state board that would allow the
35 grant of that waiver or authorization.
36 Unless the state board makes one of the findings specified in
37 paragraph (1) or (2), the state board shall expeditiously take any
38 actions necessary to enable the federal Environmental Protection
39 Agency to grant a waiver or authorization, including making any
40 required findings or undertaking any required rulemaking. The
99
AB 888 — 6 —
1 south coast district shall reimburse the state board for any costs
2 incurred by the state board in implementing this subdivision.
3 (c) For the purposes of this section, "motor vehicle," "nonroad
4 engine," and "nonroad vehicle" have the same meaning as those
5 terms are defined in Section 7550 of Title 42 of the United States
6 Code.
7 (d) This section does not apply to new locomotives or new
8 engines used in locomotives as those terms are used in Section
9 7543 of Title 42 of the United States Code.
10 (e) It is the intent of the Legislature that, in adopting
11 regulations pursuant to this section, the south coast district board
12 grant priority to reducing emissions of air contaminants from
13 vehicles and engines that contribute to air pollution problems, or
14 the public health risks associated with air contaminants,
15 including, but not limited to, airborne toxics and particulate
16 matter, in communities adjacent to rail lines within the south
17 coast district with the most significant exposure to air
18 contaminants, localized air contaminants, or both, including, but
19 not limited to, communities of low- income populations.
20 (f) The south coast district may not adopt or implement any
21 regulation pursuant to this section if the state board has adopted a
22 regulation achieving at least the same percentage amount of
23 emission reductions from the same sources.
24 40552. (a) The provisions of this article shall be effective
25 notwithstanding any other provision of law and to the extent
26 permissible under federal law. This article does not authorize the
27 south coast district to adopt any regulation that is within the
28 scope of preemption established by Section 7543 of Title 42 of
29 the United States Code.
30 (b) If any provision of this article or the application thereof to
31 any person or circumstance is held invalid, it is the intent of the
32 Legislature that the invalidity not affect other provisions or
33 applications of the division that can be given effect without the
34 invalid provision or application, and to this end the provisions of
35 this article are severable.
36 (c) This article does not limit the authority of the south coast
37 district established by preexisting law.
38 SEC. 3. No reimbursement is required by this act pursuant to
39 Section 6 of Article XIII B of the California Constitution because
40 the only costs that may be incurred by a local agency or school
99
-7— AB 888
1 district are the result of a program for which legislative authority
2 was requested by that local agency or school district, within the
3 meaning of Section 17556 of the Government Code and Section
4 6 of Article XIII B of the California Constitution.
0
99
1 -- South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar CA, 91765
C O scar Ab arca
Phone: 909-396-3242
� g Fax: 909 - 396 -3641
E -mail: oabarca@aqmd.gov
Locomotive Air Pollution Mitigation Program (SB 459 — Romero)
A Legislative Bill to Mitigate the Impact of Railroad Locomotive Air Pollution Emissions
Railroad locomotives emit substantial quantities of smog- forming nitrogen oxides and other air
toxic contaminants. Diesel exhaust emissions are responsible for 70 percent of the cancer risk
from air pollution in California. These emissions are also preventing California from achieving
state and federal clean air standards because of the smog- forming oxides of nitrogen.
Over the years, stringent regulations in California have reduced emissions by over 90 percent
from most significant stationary sources and from motor vehicles and other mobile sources under
the jurisdiction of state and local authorities. However, locomotives have been controlled far less
stringently and therefore have not achieved their fair share of emission reductions needed to
meet state and federal clean air standards.
The ability of state and local governments, to control emissions from these sources is constrained.
Although federal law mandates that the state adopt rules to attain national ambient air quality
standards, it preempts state and local jurisdiction from establishing exhaust emission standards
from this significant pollution source.
This proposal would provide that unless and until the United States Environmental Protection
Agency adopts regulations requiring locomotives in the South Coast Air Basin to achieve all
feasible emission reductions as necessary to achieve federal clean air standards, or until all of
the affected railroads have entered into binding agreements with the south coast district to
accomplish the same results, the south coast district would be authorized to adopt a locomotive
emission impact mitigation program for operations within its jurisdiction.
The program would include a mitigation fee for locomotive emissions based on their hours of
operation within the South Coast Air Basin.
This fee would:
• not exceed the reasonable costs of mitigating the identified air pollution impacts
resulting from railroad operations;
• be established through an open and inclusive public process;
• be used to offset locomotive emissions by funding air pollution emission
reductions from other, yet similar, sources.
• not interfere with federal authority over establishing new locomotive exhaust
emission standards
• not violate any provisions of a 1998 memorandum of understanding between the
railroad companies and the state Air Resources Board to accelerate introduction
of newer, lower- emitting locomotives into the South Coast Air Basin by 2010.
The South Coast Air Quality Management District is the air pollution control agency for Orange
County and the major portions of Los Angeles, San Bernardino and Riverside Counties.
Rev. 2 -24 -05 KH
AMENDED IN SENATE APRIL 12, 2005
SENATE BILL No. 459
Introduced by Senator Romero
February 18, 2005
An act to add Article 4.5 (commencing with Section 40459.5) to
Chapter 5.5 of Part 3 of Division 26 of the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 459, as amended, Romero. Air pollution: South Coast Air
Quality Management District: emissions of air contaminants:
locomotives.
(1) Existing law designates the State Air Resources Board as the
state agency charged with coordinating efforts to attain and maintain
ambient air quality standards. Existing law generally designates the
state board as the state agency with the primary responsibility for the
control of vehicular air pollution, and air pollution control districts
and air quality management districts with the primary responsibility
for the control of air pollution from all sources other than vehicular
sources. Existing law, the Lewis - Presley Air Quality Management
Act, designates the South Coast Air Quality Management District
(south coast district) as the sole and exclusive authority within the
South Coast Air Basin with the responsibility for comprehensive air
pollution control. Existing law, the federal Clean Air Act, prohibits
any state from adopting or enforcing any standard relating to the
control of emissions from new motor vehicles or new motor vehicle
engines, but requires the Administrator of the federal Environmental
Protection Agency to waive that prohibition, or authorize California to
adopt and enforce standards relating to nonroad vehicles and
locomotives, if California determines that the state standards are at
least as protective of human health as the federal standards.
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SB 459 —
This bill would authorize the south coast district to adopt a
locomotive emission impact mitigation fee to be imposed on specified
railroad companies that operate in whole or in part within the County
of Los Angeles, the County of Orange, the County of Riverside, the
County-or of San Bernardino, or any combination thereof, if specified
requirements are met.
This bill would also authorize the south coast district to expend the
revenues derived from the mitigation fee for specified purposes, and
in a manner that directly reduces air contaminants or reduces the
public health risks associated with air contaminants, including the
funding of a program of projects to reduce emissions.
This bill would exempt any passenger rail equipment operating in
the south coast district from the provisions of the bill, and would make
legislative findings and declarations relating to the emissions of air
contaminants contributed to the South Coast Air Basin by
locomotives. The bill would expressly preclude the south coast district
from adopting any regulation within the scope of preemption
established by federal law, as provided. This bill would also express
the Legislature's intent that if any provision of this act is held invalid,
that invalidity not affect other provisions of this bill, as specified.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) Air pollution emissions from locomotives in the South
4 Coast Air Basin contribute significantly to conditions that exceed
5 state and federal ozone and particulate matter standards, as well
6 as emissions of diesel exhaust, a toxic air contaminant.
7 (b) The primary authority to adopt emission standards for new
8 locomotives resides with the federal government.
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1 (c) In order to attain state and federal standards for ozone and
2 particulate matter, it is necessary that the air quality impact
3 caused by emissions from locomotives be mitigated.
4 (d) One means of mitigating the impacts of emissions from
5 locomotives is by funding programs to reduce the same types of
6 emissions from those sources that contribute to ozone, particulate
7 matter, or toxic air pollution.
8 (e) Unless and until the federal Environmental Protection
9 Agency adopts regulations requiring locomotives in the South
10 Coast Air Basin to achieve all feasible emission reductions as
11 necessary to meet federal clean air standards, the South Coast Air
12 Quality Management District should be authorized to adopt a
13 locomotive emission impact mitigation program. That program
14 could include a mitigation fee for locomotive emissions that is
15 based on the ; - - .. - -. - . - - . . . - . - - . • , hours of
16 operation,or-both,, within the South Coast Air Basin.
17 (f) In 1998, the State Air Resources Board entered into a
18 memorandum of understanding with the Burlington Northern and
19 Santa Fe Railway Company, and the Union Pacific Railroad
20 Company, under which the railroads agreed to utilize
21 locomotives in the South Coast Air Basin that meet certain
22 emissions limitations. Substantial time has elapsed since the
23 agreement was signed, and the agreement no longer potentially
24 contains the best available air pollution controls for the time
25 period covered by the agreement.
26 (g) The memorandum of understanding referred to in
27 subdivision (f) provides that the participating railroads may
28 terminate the agreement in the event the state or any political
29 subdivision of the state takes any action to establish any
30 requirement applicable to locomotives or locomotive engines that
31 is within the scope of the preemption established in the Emission
32 Standards for Locomotives and Locomotive Engines adopted by
33 the federal Environmental Protection Agency on April 16, 1998,
34 as set forth in 40 C.F.R. Parts 85, 89, and 92.
35 (h) The authorization in this act for the establishment by the
36 South Coast Air Quality Management District of a locomotive
37 emissions impact mitigation fee does not include adoption by the
38 district of a regulation that would constitute a requirement
39 applicable to locomotives that is within the scope of federal
40 preemption referred to in the memorandum of understanding
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1 between the State Air Resources Board and the participating
2 railroads.
3 SEC. 2. Article 4.5 (commencing with Section 40459.5) is
4 added to Chapter 5.5 of Part 3 of Division 26 of the Health and
5 Safety Code, to read:
6
7 Article 4.5. Locomotive Emission Impact Mitigation
8
9 40459.5. The purpose of this article is to authorize the
10 establishment of a locomotive emission impact mitigation
11 program in the south coast district.
12 40459.6. (a) On or before July 1, 2006, in a public hearing,
13 the south coast district board shall confirm that mitigation of the
14 impacts caused by locomotive emissions will be reasonably
15 necessary to attain state or federal ambient air quality standards
16 or to prevent significant risk to human health from toxic air
17 contaminants.
18 (b) The south cost district board shall establish an advisory
19 committee to make recommendations to the south coast district
20 board on all of the following:
21 (1) The determination made by the south coast district board
22 pursuant to subdivision (a).
23 (2) The amount of the mitigation fee imposed pursuant to
24 Section 40459.7.
25 (3) The program of projects funded by fee revenues adopted
26 pursuant to Section 40459.8.
27 (c) The south coast district board shall consider at a public
28 meeting any recommendations of the advisory committee
29 established pursuant to subdivision (b), in making the
30 determination described in subdivision (a).
31 40459.7. (a) On or after July 1, 2006, the south coast district
32 board may adopt by regulation a reasonable mitigation fee to be
33 imposed upon railroad companies that operate in whole or in part
34 within the County of Los Angeles, the County of Orange, the
35 County of Riverside, the County of San Bernardino, or any
36 combination thereof, if both of the following requirements are
37 satisfied:
38 (1) The south coast district board confirms pursuant to
39 subdivision (a) of Section 40459.6 that the mitigation of
40 locomotive emission impacts will be reasonably necessary to
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1 attain state or federal ambient air quality standards or to prevent
2 significant risk to human health from toxic air contaminants.
3 (2) The south coast district board has made all of the following
4 findings:
5 (A) There is a clear nexus between the activities for which the
6 fee is charged and the pollution impacts sought to be mitigated.
7 (B) The fee is necessary to mitigate the adverse impacts on
8 health and the environment caused by air pollution resulting from
9 the activities for which the fee is imposed.
10 (C) The fee does not exceed the reasonable costs of mitigating
11 the identified air pollution impacts resulting from those
12 operations, including vehicle idling at rail crossings.
13 (D) The fee will not result in a significant adverse impact on
14 air quality in any area in the south coast district as a result of
15 shifting traffic from rail to other forms of transportation.
16 (E) The fee is apportioned in a manner that bears a fair and
17 reasonable relationship to the air pollution impacts caused by
18 each fee payer's operations.
19 (b) The fee adopted and imposed pursuant to subdivision (a)
20 shall be based on the ; - - ; • - : -. • ' • - - ,
21 hours of operation by the locomotives, or both, within the South
22 Coast Air Basin. In determining the amount of the fee to be
23 imposed, the south coast district board shall consider at a public
24 meeting any recommendations of the advisory committee
25 established pursuant to subdivision (b) of Section 40459.6.
26 (c) (1) The revenues resulting from the imposition of the fee
27 described in subdivision (a) may only be used by the south coast
28 district to mitigate the emission impacts of the activity or
29 activities for which the fee is imposed, including, but not limited
30 to, mitigating or avoiding emissions from vehicle idling at rail
31 crossings in the Counties of Los Angeles, Orange, Riverside, or
32 San Bernardino.
33 (2) The south coast district shall ensure that the funds are
34 expended in a manner that directly reduces air contaminants or
35 reduces the public health risks associated with air contaminants,
36 including, but not limited to, airborne toxics and particulate
37 matter, in communities adjacent to rail lines within the south
38 coast district with the most significant exposure to air
39 contaminants or localized air contaminants, or both, including,
40 but not limited to, communities of low- income populations.
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1 (d) Not more than 5 percent of the annual revenues derived
2 from the fee may be used for administration of the fee and the
3 mitigation program established by this article, including
4 mitigating or avoiding emissions from vehicle idling at rail
5 crossings. This 5- percent limitation shall not include actual
6 program implementation.
7 (e) Notwithstanding the authority granted to the south coast
8 district board pursuant to subdivision (a), the south coast district
9 board may not impose a mitigation fee and shall repeal, by
10 regulation, the imposition of any fee previously adopted pursuant
11 to subdivision (a) if all of the affected railroads have entered into
12 binding agreements with the south coast district, or if the United
13 States Environmental Protection Agency has adopted emission
14 regulations applicable to locomotives such that the agreements or
15 regulations will, in conjunction with projected emission
16 reductions from other sources, result in timely attainment of state
17 and federal ambient air quality standards and prevent significant
18 risk to human health from toxic air contaminants, as determined
19 by the south coast district.
20 40459.8. (a) Prior to expending any revenues resulting from
21 the imposition of the mitigation fee authorized by Section
22 40459.7, the south coast district board shall adopt a program of
23 projects for the expenditure of revenues, after holding at least one
24 public hearing, and taking into consideration any
25 recommendations of the advisory committee established pursuant
26 to Section 40459.6.
27 (b) The program of projects shall include both of the
28 following:
29 (1) An identification of proposed expenditures that sets forth
30 the expected costs and the quantitative and qualitative emission
31 reduction benefits of each proposed project.
32 (2) An identification of the cost - effectiveness of each
33 proposed project, or in the case of an air toxics emission
34 reductions project, a quantification of the expected benefit of
35 each project.
36 (c) Within 18 months after first adopting a program of projects
37 as specified in this section, and by March 31 of each year
38 thereafter, the south coast district shall issue a public report that
39 sets forth all of the following:
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1 (1) The revenue received as mitigation fees in the prior fiscal
2 year.
3 (2) The actual costs of each project funded during the prior
4 fiscal year.
5 (3) The emissions benefit achieved during the prior fiscal year.
6 (4) A comparison, set forth by each project, of the emissions
7 benefits achieved and the expected costs.
8 (5) Any problems that were encountered in implementing the
9 projects during the prior fiscal year.
10 (6) The impact of activities associated with each program on
11 communities in the district with the most significant exposure to
12 air contaminants or toxic air contaminants, or both, including, but
13 not limited to, communities of minority populations and
14 communities of low- income populations.
15 (d) (1) Prior to the issuance of the report required by
16 subdivision (c), the south coast district shall conduct public
17 workshops, including, but not limited to, public workshops in
18 each of the four counties within the district in communities near
19 rail yards in the district with the most significant exposure to air
20 contaminants, toxic air contaminants, or both, including, but not
21 limited to, communities of minority populations and
22 communities of low- income populations.
23 (2) The south coast district shall solicit public comments at the
24 workshops regarding the ability of the areas within the South
25 Coast Air Basin to attract and maintain businesses in
26 communities near railroads or rail yards with the most significant
27 exposure to air contaminants, localized air contaminants, or both,
28 including, but not limited to, communities of minority
29 populations and communities of low - income populations.
30 (3) The south coast district shall incorporate all comments
31 received as a result of the public workshops conducted pursuant
32 to this subdivision into the report required by subdivision (c).
33 40459.9. This article does not apply to any passenger rail
34 equipment operating in the south coast district.
35 40459.10. (a) The provisions of this article shall be effective
36 notwithstanding any other provision of law and to the extent
37 permissible under federal law. This article does not authorize the
38 south coast district to adopt any regulation that is within the
39 scope of preemption established in Section 85.1603 of Title 40 of
40 the Code of Federal Regulations.
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1 (b) If any provision of this article or the application thereof to
2 any person or circumstance is held invalid, it is the intent of the
3 Legislature that the invalidity not affect other provisions or
4 applications of the division that can be given effect without the
5 invalid provision or application, and to this end the provisions of
6 this article are severable.
7 SEC. 3. No reimbursement is required by this act pursuant to
8 Section 6 of Article XIII B of the California Constitution because
9 the only costs that may be incurred by a local agency or school
10 district are the result of a program for which legislative authority
11 was requested by that local agency or school district, within the
12 meaning of Section 17556 of the Government Code and Section
13 6 of Article XIII B of the California Constitution.
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