Staff is proposing amendments to five regulations - the Regulation for In-Use On-Road Diesel Vehicles (Truck and Bus regulation), the Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulation (Tractor-Trailer GHG regulation), the Regulation for In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks (Drayage Truck regulation), the In-Use Off-Road Diesel Fueled Fleets (Off-Road regulation), and the Large Spark-Ignition (LSI) fleet regulation.
In order to implement the directives given by the Board in April 2010, staff is proposing amendments to the Truck and Bus regulation and Off-Road regulation to provide relief to fleets adversely affected by the economy, and take into account the fact that emissions are lower than previously predicted. Both regulations will be considered together to identify an equitable proposal to reduce the compliance costs of both regulations, while still providing the necessary emission reductions to meet the Board’s State Implementation Plan commitments and protect public health.
The proposed amendments to the Truck and Bus regulation will provide economic relief for fleets by eliminating requirements for trucks with a gross vehicle weight rating less than 26,001 pounds, and by easing the compliance schedule for heavier trucks. The proposed amendments to the Off-Road regulation will delay the initial compliance date, significantly reduce annual requirements, and provide a path to compliance without any required retrofits. The proposed amendments to both regulations will substantially simplify the regulations while retaining flexibility for fleets, and will give credit to fleets that have already taken actions to comply with the regulations. The overall effect of the proposed amendments will be to significantly lower the costs of the regulations while still maintaining progress toward clean air.
Staff will also propose amendments to the Drayage Truck regulation to add flexibility to fleets’ compliance schedules, mitigate the use of noncompliant trucks outside port and rail properties, and to provide for a smooth transition to the Truck and Bus regulation. The proposed amendments to the Tractor-Trailer GHG regulation will add flexibility to fleets’ compliance schedules and reporting requirements while still meeting the GHG emissions reduction goals of the regulation. The amendments also address requirements for storage trailers and refrigerated van trailers.
Finally, staff will propose amendments to the LSI regulation that make several minor changes and clarifications, including extending the limited hours of use provisions and broadening compliance extension flexibility.
||CLOSED SESSION – LITIGATION|
The Board will hold a closed session, as authorized by Government Code section 11126(e), to confer with, and receive advice from, its legal counsel regarding the following pending or potential litigation:
Pacific Merchant Shipping Association v. Goldstene, U.S. District Court (E.D. Cal Fresno), Case No. 2:09-CV-01151-MCE-EFB.
American Trucking Association, et al. v. U.S. Environmental Protection Agency, et al., U.S. Court of Appeals, District of Columbia Circuit, Case No. 09-1090.
POET, LLC, et al. v. Goldstene, et al., Superior Court of California (Fresno County), Case No. 09CECG04850.
Rocky Mountain Farmers Union, et al. v. Goldstene, U.S. District Court (E.D. Cal. Fresno), Case No. 1:09−cv−02234−LJO−DLB.
National Petroleum & Refiners Association, et al. v. Goldstene, et al., U.S. District Court (E.D. Cal. Fresno) Case No. 1:10-cv-00163-AWI-GSA.
Association of Irritated Residents, et al. v. California Air Resources Board, Superior Court of California (San Francisco County), Case No. CPF-09-509562.