| Dec. 1, 2006
To Reduce Residents' Health Risk from Toxic Diesel Emissions
In a potentially precedent-setting case, attorneys for the South Coast
Air Quality Management District argued in a federal court trial this week
that the agency has the authority to reduce harmful emissions from
unnecessary locomotive idling.
“We are confident that we have a sound legal basis for our railroad
rules, which seek to protect public health by reducing locomotive idling and
assessing the health risk from railyards,” said Barry Wallerstein, AQMD’s
executive officer. “These rules are a key element of our overall strategy to
achieve federal clean air standards and reduce toxic air pollution.”
Locomotives are a significant source of air pollution in the Southland,
responsible for more than 32 tons per day of smog- and particulate-forming
nitrogen oxides. That is equivalent to the emissions from about 1.4 million
cars, pickups and SUVs. Locomotive pollution in the region also exceeds the
combined emissions from the Southland’s 350 largest facilities. In
addition, idling locomotives spew toxic diesel soot into neighborhoods,
backyards and school yards, posing a health risk to residents.
The three-day trial, which concluded late Thursday before Judge John F.
Walter in U.S. District Court in Los Angeles, resulted from a lawsuit filed
in March by Union Pacific Railroad Co., BNSF Railway Co. and the American
Association of Railroads (CV06-1416). The lawsuit challenged AQMD’s three
railroad rules:
- Rule 3501, adopted on Feb. 3, 2006, requiring railroads in the region
to keep records of certain locomotive engine idling events;
- Rule 3502, also adopted Feb. 3, 2006, requiring idling locomotives in
certain circumstances to shut down after 30 minutes; and
- Rule 3503, adopted on Oct. 7, 2005, requiring 19 railyards in the
region to submit emissions inventories and health risk assessments to
AQMD, and to notify the public if a specified risk level is exceeded.
The precedent-setting case addresses the issue of whether local air
districts such as AQMD have the ability to adopt regulations that are not
pre-empted by federal law to reduce unnecessary locomotive idling.
Attorneys for AQMD maintain that the agency’s three railroad rules are
not pre-empted under federal law provided the regulations do not place an
unreasonable burden on railroad operations or interstate commerce. The
federal Clean Air Act explicitly requires severely polluted regions such as
Southern California to pursue all feasible measures to reduce emissions and
achieve federal air quality standards.
The non-jury civil trial consisted of testimony by more than 20 witnesses
including officials from the railroads and AQMD as well as health experts
and members of the public. At the conclusion of the trial, Judge Walter
asked both parties to submit post-trial briefs by Dec. 8 and other legal
documents by Dec. 13 prior to his issuing an opinion in the case.
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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