June 28, 2005
Barbara Riordan, Acting Chair
California Air Resources Board
1001 I Street
Sacramento, CA 95814
Re: ARB/Railroad Statewide Agreement
Dear Barbara:
Our agency received a copy of the new Memorandum of Understanding (MOU) between CARB staff, BNSF Railway Company, and Union Pacific Railroad Company last Friday, upon public release. I have learned that the public, including our agency, has not been consulted in any way regarding the contents of the MOU. Given its potential adverse impact on initiatives to clean the air at the federal, state and local levels, I am surprised at the lack of public opportunity to discuss its contents. Moreover, it is equally surprising that such a document could be executed by staff, without Governing Board review.
A cursory review of the document by our staff indicates numerous potential deficiencies, which undermine the enforceability of the agreement, existing law, and newly proposed legislative and regulatory initiatives. Our concerns are shared by a broad cross-section of stakeholders. Members of the Legislature are even contemplating a hearing on the MOU and its approval process.
Therefore, I am requesting the following action by the CARB Board: Delay implementation of the MOU until the CARB Board can conduct a public hearing regarding its contents, consider comments and concerns, and modify the MOU as appropriate. Since the agreement does not take effect until June 30th, there is an opportunity for your agency to correct the current situation, and provide for an open and transparent process that is better representative of government at its best. I also believe that such action would be consistent with CARB and CalEPA’s stated Environmental Justice goals.
I would appreciate your immediate attention to this matter.
Sincerely,
William A. Burke,
Chairman
Cc: Governor Schwarzenegger
Alan Lloyd
CARB Board Members