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Sept. 22, 2005
Following a lengthy public hearing, the California Air Resources Board
last week adopted a regulation ensuring that new transit buses purchased in
the Los Angeles Basin will have the lowest possible emissions.
The Air Resources Board (CARB) also adopted a
resolution at its Sept. 15
meeting supporting the South Coast Air Quality Management District’s effort
to reduce emissions through its clean fleet rules, and affirming its legal
authority to do so under state law.
“We are pleased that the Air Resources Board has taken these positive
steps to support our efforts to reduce toxic diesel exhaust and smog-forming
emissions from heavy-duty fleets in our region,” said AQMD Executive Officer
Barry Wallerstein.
Following extensive testimony from engine manufacturers, fleet operators,
environmental group representatives and others, CARB’s board adopted
amendments to its existing clean transit bus rule requiring all 18 transit
agencies in the South Coast region to purchase only alternative fuel transit
buses starting next year. The South Coast region encompasses all of Orange
County and major portions of Los Angeles, San Bernardino and Riverside
counties.
Prior to last week’s action, six of the 18 agencies had chosen CARB’s
“diesel bus purchase path.” Last week’s action commits those six transit
districts to be on an “alternative fuel path” when purchasing new transit
buses.
The six districts affected are Gardena Municipal Bus Lines, Long Beach
Transit, Montebello Bus Lines, Norwalk Transit System, Santa Clarita Transit
and Torrance Transit. Collectively they operate about 460 buses
representing about 10 percent of the region’s transit fleet.
The other 12 transit districts in the region previously had chosen CARB’s
alternative fuel path.
All of the region’s transit agencies with fleets of 15 or more buses,
including the six affected by CARB’s action, are currently in compliance
with AQMD’s Rule 1192 – Clean On-Road Transit Buses. AQMD’s rule requires
that transit agencies purchase alternate fuel buses when adding to their
fleets.
Today, 68 percent of the region’s more than 4,000 transit buses operate
on clean-burning alternative fuel. Santa Clarita Transit, one of the six
affected transit agencies, already has taken delivery of 14 compressed
natural gas buses. The other five transit agencies plan to purchase
gasoline-hybrid buses, which also are much cleaner than today’s
diesel-powered buses.
CARB is expected to submit the state transit bus rule to the U.S.
Environmental Protection Agency for a waiver of preemption under section
209(b) of the Clean Air Act. Under the federal Clean Air Act, California is
the only state in the nation that can petition the EPA for a waiver, which
allows California to adopt stricter vehicle emission and fuel standards than
the rest of the nation.
CARB’s urban transit fleet rule adoption is the latest step by local and
state air quality officials to maintain clean fleet rules in the face of a
five-year legal battle waged against them by oil companies and engine
manufacturers.
Since 2000, the Engine Manufacturers Association and Western States
Petroleum Association have fought AQMD’s fleet rules in court, to the U.S.
Supreme Court and back. In April 2004, the Supreme Court ruled that it
appeared likely that at least certain aspects of the fleet rules were
preempted by the federal Clean Air Act.
At the same time, the Supreme Court sent the case back to the federal
District Court in Los Angeles to resolve several issues, including whether
some of the fleet rules could be characterized as internal state purchasing
decisions, and if so, whether they were preempted under the Clean Air Act.
In May 2005 the District Court ruled that AQMD’s fleet rules, as applied to
state and local governments, are valid procurement requirements and are not
preempted under the Clean Air Act.
Further legal challenges to AQMD’s fleet rules are possible, and for that
reason, AQMD last year requested that CARB develop and adopt three fleet
rules for school bus, waste hauling and urban transit fleets. The state
board’s action provides added assurance that Southland transit agencies will
purchase the cleanest available buses.
At last week’s meeting, the CARB board took no action on proposed school
bus and waste hauling fleet rules. It did adopt a general resolution
“recognizing the authority of (AQMD) to adopt rules affecting fleet
purchases as provided in state law.”
The resolution also directed CARB staff to suggest actions to its board
if AQMD should lose portions or all of its authority to regulate fleets
under its fleet rules.
AQMD is the air pollution control agency for Orange County and major
portions of Los Angeles, San Bernardino and Riverside counties.
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