2008 California Statewide Truck and Bus Rule

Last updated
California Air Resources Board
Agency overview
Formed1967
Preceding agencies
  • Bureau of Air Sanitation
  • Motor Vehicle Pollution Control Board
Headquarters1001 I Street Sacramento, California
Annual budget$759 million
Agency executive
  • Mary D. Nichols, Chairman
Parent agency California Environmental Protection Agency
Website http://www.arb.ca.gov

The California Statewide Truck and Bus Rule was initially adopted in December 2008 by the California Air Resources Board (CARB) and requires all heavy-duty diesel trucks and buses that operate in California to retrofit or replace engines in order to reduce diesel emissions. [1] All privately and federally owned diesel-fueled trucks and buses, and privately and publicly owned school buses with a gross vehicle weight rating (GVWR) greater than 14,000 pounds, are covered by the regulation. [1]

Contents

Implementation was originally scheduled for January 1, 2011 but recent amendments were considered in December 2010. The rule now requires the installation of particulate matter filters beginning January 1, 2012 and replacement of older engines beginning January 1, 2015. Nearly all applicable vehicles are required to have 2010 model year or the equivalent to 2010 engines by January 1, 2023. [2]

Background

Diesel trucks are the largest emitter of toxic diesel particulate matter in California. Diesel-smoke.jpg
Diesel trucks are the largest emitter of toxic diesel particulate matter in California.

Diesel exhaust particulate matter (PM) was identified as a toxic air contaminant by the Air Resources Board in 1998 after study results showed its potential to cause cancer, premature death, and other health problems. [3] Two years later, in September 2000, the Air Resources Board adopted the Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles which committed to establish retrofit requirements for in-use diesel vehicles to reduce diesel particulate matter 75 percent by 2010 and 85 percent by 2020. [4] In 2007 the Air Resources Board then adopted a State Implementation Plan (SIP) which requires heavy-duty in-use diesel trucks operating in the South Coast and San Joaquin Valley to be retrofitted to meet model year 2007 emission levels by 2014 and 2017, respectively. The State Implementation Plan was implemented to help California's Air Quality Control Regions (AQCR) meet the requirements of the Federal Clean Air Act and also aims to reduce nitrogen oxide emissions (NOx) and ozone in the state. This regulation is the next step to help the Air Resources Board achieve their goal to reduce diesel particulate matter.

With the new amendments in place, diesel emissions are estimated to be 68 percent lower than they would be without the regulation, and emissions of the smog-forming pollutant, nitrogen oxide, will be 25 percent lower. [1] The regulation also aims to save lives and dollars spent on health care. The Air Resources Board estimates that the reduction in diesel emissions is expected to save 9,400 lives within the 11 year time frame and reduce health care costs, with an estimated savings between US$48 billion and $69 billion. [1] By the time the rule is fully implemented in 2023, no truck or bus more than 13 years old will be allowed to operate in California without particulate matter and nitrogen oxide emissions controls.

Support

The Truck and Bus Rule is considered by the Air Resources Board and other organizations such as the Union of Concerned Scientists and the Environmental Defense Fund as a win-win for the State of California: reducing global greenhouse gas emissions, reducing fuel use, providing fuel and operating cost-savings for truck owners, and reducing smog-forming pollution, in addition to providing human health benefits. According to the Union of Concerned Scientists, the retrofits could reduce global warming pollution by 17 million metric tons of carbon dioxide equivalent (CO2e) by 2020 and a net savings of $30,000 over the life of one long-range truck. [5] In addition to reducing air pollution, this regulation is thought to have helped broaden and strengthen the environmental movement in California.

Opposition

On February 15, 2011, the California Dump Truck Owners Association (CDTOA) which changed its name to the California Construction Trucking Association (CCTA) in January 2012, filed suit against CARB, stating the Truck and Bus Rule is "unconstitutional as it is preempted by the Federal Aviation Authorization Act (FAAAA) and seeks an injunction prohibiting CARB from enforcing the rule". [6] The FAAAA, enacted in 1994 by the U.S. Congress, "prohibits any state or any political subdivision from enacting or enforcing any regulation related to the price, route, or service of a motor carrier". [7]

The California Dump Truck Owners Association also expresses concerns about the regulation because of the costs to retrofit or replace engines and the economic impact it will have on small business owners whose livelihood relies on the income generated by their trucks. Many of the association's members work closely with the construction industry; therefore, business is already slow during this economic depression. The association has alerted the Air Resources Board that many small businesses will close down if they cannot afford to comply with the regulation. [7]

The science which supports the U.S. Environmental Protection Agency (EPA) and the Air Resources Board's conclusions about the health impacts of diesel particulate matter are also disputed. The conclusions being made to protect human health are considered "exaggerated" and not supported by other research in the field, there are also claims that the Environmental Protection Agency and the Air Resources Board did not correctly calculate all the necessary cancer risks in order to properly regulate diesel emissions. [8]

Other Key Legal Actions & Dates: On October 30, 2013, CCTA received an order from the Ninth Circuit Court of Appeal denying its motion for reconsideration of the ‘en banc’ (full court) petition to review the EPA's determination and approval of the California State Implementation Plan or SIP. This was a longshot based on the timing issues, as the SIP was ‘stealthily’ filed and approved during the litigation against CARB. Related to this is a petition directly to EPA for reconsideration of the approval of the SIP by EPA – again all ‘surreptitiously’ done during direct litigation. This challenge is more an exercise of thoroughness than legal utility. The CCTA's main legal action or FAAAA argument claim, stating that state law (CARB regulations) violates federal law is also on Appeal to the Ninth Circuit Court. The appeal of Judge England's order saying that "he no longer had authority over the case" is still pending and will be appealed ultimately to the U.S. Supreme Court. 1/16/12 – CCTA files a Notice to Appeal with the 9th Circuit Court. View Appeal

2012 12/19/12 – Judges England renders decision. Does not address any elements of our complaint but instead states that “it cannot retain jurisdiction over this action in light of EPA’s approval of the Truck and Bus Regulation as part of California’s SIP”. EPA is now considered an indispensable party to our litigation. View Decision (130.3 kB 2013-01-17 15:57:28). 9/6/12 – Final hearing on our request for relief under the Supremacy Clause (decision pending shortly). 7/19/12 – Court orders second round of supplemental briefing, at issue is whether EPA's SIP adoption makes it an indispensable party 5/31/12 – Court orders supplemental briefs regarding EPA adoption of the SIP (Supplemental briefing completed by 7/12/12) 5/21/12 – Court orders on its own motion the case is stayed indefinitely (MSJ still pending) 2/8/12 – Eve of hearing on MSJ, matter ordered submitted without oral argument 1/30/12 – Order denying preliminary injunction 1/18/12 – Hearing on Summary Judgment continued to 2/9/12

2011 12/15/11 – Hearing on preliminary injunction 11/15/11 – CDTOA Motion for preliminary injunction (a secondary lawsuit) 7/5/11 – CDTOA Motion for Summary Judgment (MSJ); Hearing originally set for 9/6/11, but continued to 1/26/12 to permit discovery

Regulation

Section 2025 of the rule states that "The purpose of this regulation is to reduce emissions of diesel particulate matter (PM), oxides of nitrogen (NOx) and other criteria pollutants, and greenhouse gases from in-use diesel-fueled vehicles". [9] All fleet owners, with the exception of small fleets, have three options to comply with the regulation:

  1. They can choose to implement the Best Available Control Technology (BACT). To meet control requirements for both particulate matter and nitrogen oxide, owners can choose to retrofit or replace existing diesel vehicles based on a compliance schedule for engine model years every year starting in 2011.
  2. A percent of the total fleet must meet particulate matter Best Available Control Technology and nitrogen oxide Best Available Control Technology by January 1 of each compliance year, by retrofitting or replacing existing diesel vehicles.
  3. The fleet must meet an average requirement set by the Air Resources Board for particulate matter, nitrogen oxide, or both pollutants, depending on the Nitrogen Oxide Index and Particulate Matter Index established by CARB. [9]

These regulations apply to any business, person, federal government agency or school district that owns, operates, sells or runs vehicles operated on diesel-fuel. [9]

The requirements of the regulation are as follows under section 2025: [9]

Vehicles that are exempt from the regulation include: [9]

Fleet compliance assistance tools

In order to assist truck owners to meet the standards of the regulation, the Air Resources Board provides compliance tools on their website. An Excel spreadsheet called the “Fleet Calculator” assists owners to comply with the truck and bus rule. The owners can determine what type of compliance options may be available by inputting engine model year and emission control technology assumptions into the calculator. The tool follows regulation amendments, and a hotline has been set up for fleet owners called the Air Resources Board's Diesel Hotline. [10]

Reporting

The system utilized for reporting is the Truck Regulations Upload and Compliance Reporting System (TRUCRS). Reporting guidelines are not required until 2012, however fleets can take advantage of Agricultural Vehicle Provisions or to meet requirements for Tier 0 auxiliary engines in street sweepers. By April 29, 2011, these previously mentioned two-engine street sweepers have to start reporting hourly meter readings beginning January 1, 2011. In order to meet these guidelines, reports can be made online or in paper format. Also by April 29, 2011, those fleets that reported Agricultural Provisions in the previous year can update their January 1, 2011 odometer readings in order to qualify for Agricultural Vehicle Provisions. Annual reporting will be mandatory as of January 31, 2012. [11]

All fleet owners may submit reporting materials using paper or electronic forms reporting annually until the expiration of requirements or until the year after Best Available Control Technology. Owner contact and vehicle information including but not limited to type, gross vehicle weight rating and model year are mandatory as a part of reporting. Engine information, verified diesel emission control strategies (VDECS), and highest available VDECS must also be submitted into reporting. [9] Low-use vehicles, fleets claiming vehicle retirement credits, school bus fleets/sub-fleets, agricultural fleets, vehicles exempt from NOx BACT and emergency support vehicles have their own specified reporting conditions which coincide and build onto the overall reporting requirements. [9]

All reports must submit compliance certification signed by a responsible official or a designee to confirm that the reporting is accurate prior to submission to the executive officer. [9] If there are any changes since the last reporting, the responsible party must report it to the executive officer. These changes include vehicles that may be removed or added to the fleet or those vehicles that have recently been repowered or retrofitted. [9] New fleet reporting for those that elect to use the Best Available Control Technology percent limits must also submit information to the executive officer. By January 31 of each year, owners must submit information regarding claiming compliance extensions for manufacturer delays including the date of purchase of verified diesel emission control strategies, date the vehicle was placed into service, the date of removal from service, and identification of vehicle that was replaced. [9]

Exhaust retrofits

A diesel particulate filter on a 2008 GM Isuzu 7.8Isuzu7500.jpg
A diesel particulate filter on a 2008 GM Isuzu

Operators of diesel vehicles and equipment must install Diesel Emission Control Strategies (DECS) to new and existing engines in order to comply with the regulation. DECS are technology-based retrofits that reduce pollutants from diesel exhaust before they are released into the air. [12] A commonly used DECS technology is the diesel particulate filter which serves as a substitution for an engine's original factory muffler. [12] All Diesel Emission Control Strategies must be verified and approved by the Air Resources Board to ensure proper particulate matter and nitrogen oxide reductions will be met.

Health impacts

Diesel truck emissions include smog-forming nitrogen oxide and are the largest source of diesel particulate matter which is known to cause harm to the lungs, the immune system, the heart and cardiovascular system, and the developing brain. [13] Seventy percent of California's risk for cancer from airborne toxics in 2000 was attributed to diesel particulate matter. In 2004 it was estimated that premature death rates from diesel pollution would supersede the death rates from homicides that year. It is projected that reducing emissions today would prevent 11,000 premature deaths and 16,000 hospital admissions by 2020. The cost-benefit analysis of reducing diesel pollution concluded with the results that small costs of pollution cleanup can drastically cut health-related costs, such as reduced hospitalization. [14]

The areas of California with the highest health related risks in exposure to diesel pollution are those that are the most densely populated air basins. Half of California's diesel pollution illnesses occur in the South Coast. 45% of the State's population resides here, and they breathe 30% of particulate matter and nitrogen oxide (NOx). The South Coast's projected cost of health impacts is totaled at $10.2 billion per year. The San Francisco Bay Area is the second most highly affected region in California taking in 17% of the state's diesel pollution. The estimated health related costs for the Bay Area are $3.7 billion per year. [14]

See also

Related Research Articles

The California Air Resources Board is an agency of the government of California that aims to reduce air pollution. Established in 1967 when then-governor Ronald Reagan signed the Mulford-Carrell Act, combining the Bureau of Air Sanitation and the Motor Vehicle Pollution Control Board, CARB is a department within the cabinet-level California Environmental Protection Agency.

Vehicle emissions control is the study of reducing the emissions produced by motor vehicles, especially internal combustion engines.

<span class="mw-page-title-main">Vehicle emission standard</span> Legal requirements governing air pollutants released into the atmosphere

Emission standards are the legal requirements governing air pollutants released into the atmosphere. Emission standards set quantitative limits on the permissible amount of specific air pollutants that may be released from specific sources over specific timeframes. They are generally designed to achieve air quality standards and to protect human life. Different regions and countries have different standards for vehicle emissions.

<span class="mw-page-title-main">Exhaust gas</span> Gases emitted as a result of fuel reactions in combustion engines

Exhaust gas or flue gas is emitted as a result of the combustion of fuels such as natural gas, gasoline (petrol), diesel fuel, fuel oil, biodiesel blends, or coal. According to the type of engine, it is discharged into the atmosphere through an exhaust pipe, flue gas stack, or propelling nozzle. It often disperses downwind in a pattern called an exhaust plume.

<span class="mw-page-title-main">Diesel exhaust</span>

Diesel exhaust is the gaseous exhaust produced by a diesel type of internal combustion engine, plus any contained particulates. Its composition may vary with the fuel type or rate of consumption, or speed of engine operation, and whether the engine is in an on-road vehicle, farm vehicle, locomotive, marine vessel, or stationary generator or other application.

Ultra-low-sulfur diesel (ULSD) is diesel fuel with substantially lowered sulfur content. Since 2006, almost all of the petroleum-based diesel fuel available in Europe and North America has been of a ULSD type.

In atmospheric chemistry, NOx is shorthand for nitric oxide and nitrogen dioxide, the nitrogen oxides that are most relevant for air pollution. These gases contribute to the formation of smog and acid rain, as well as affecting tropospheric ozone.

<span class="mw-page-title-main">Diesel particulate filter</span> Removes diesel particulate matter or soot from the exhaust gas of a diesel engine

A diesel particulate filter (DPF) is a device designed to remove diesel particulate matter or soot from the exhaust gas of a diesel engine.

A mobile emission reduction credit (MERC) is an emission reduction credit generated within the transportation sector. The term “mobile sources” refers to motor vehicles, engines, and equipment that move, or can be moved, from place to place. Mobile sources include vehicles that operate on roads and highways ("on-road" or "highway" vehicles), as well as nonroad vehicles, engines, and equipment. Examples of mobile sources are passenger cars, light trucks, large trucks, buses, motorcycles, earth-moving equipment, nonroad recreational vehicles (such as dirt bikes and snowmobiles), farm and construction equipment, cranes, lawn and garden power tools, marine engines, ships, railroad locomotives, and airplanes. In California, mobile sources account for about 60 percent of all ozone forming emissions and for over 90 percent of all carbon monoxide (CO) emissions from all sources.

<span class="mw-page-title-main">Portable emissions measurement system</span> Automotive emissions instrument

A portable emissions measurement system (PEMS) is a vehicle emissions testing device that is small and light enough to be carried inside or moved with a motor vehicle that is being driven during testing, rather than on the stationary rollers of a dynamometer that only simulates real-world driving.

<span class="mw-page-title-main">Idle reduction</span> Attempts to reduce idling of vehicle engines

Idle reduction describes technologies and practices that minimize the amount of time drivers idle their engines. Avoiding idling time has a multitude of benefits including: savings in fuel and maintenance costs, extending vehicle life, and reducing damaging emissions. An idling engine consumes only enough power to keep itself and its accessories running, therefore, producing no usable power to the drive train.

United States vehicle emission standards are set through a combination of legislative mandates enacted by Congress through Clean Air Act (CAA) amendments from 1970 onwards, and executive regulations managed nationally by the Environmental Protection Agency (EPA), and more recently along with the National Highway Traffic Safety Administration (NHTSA). These standard cover common motor vehicle air pollution, including carbon monoxide, nitrogen oxides, and particulate emissions, and newer versions have incorporated fuel economy standards.

<span class="mw-page-title-main">Clean Air Act (United States)</span> 1963 United States federal law to control air pollution

The Clean Air Act (CAA) is the United States' primary federal air quality law, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, it is one of the United States' first and most influential modern environmental laws.

<span class="mw-page-title-main">Pollution in California</span> Overview of pollution in the U.S. state of California

Pollution in California relates to the degree of pollution in the air, water, and land of the state of California. Pollution is defined as the addition of any substance or any form of energy to the environment at a faster rate than it can be dispersed, diluted, decomposed, recycled, or stored in some harmless form. The combination of three main factors are the cause of notable unhealthy levels of air pollution in California: the activities of over 39 million people, a mountainous terrain that traps pollution, and a warm climate that helps form ozone and other pollutants. Eight of the ten cities in the US with the highest year-round concentration of particulate matter between 2013 and 2015 were in California, and seven out of the ten cities in the US with the worst ozone pollution were also in California. Studies show that pollutants prevalent in California are linked to several health issues, including asthma, lung cancer, birth complications, and premature death. In 2016, Bakersfield, California recorded the highest level of airborne pollutants of any city in the United States.

The Diesel Emissions Reduction Act, or DERA, is a part of the Energy Policy Act of 2005. The law appropriated funds to federal and state loan programs to either rebuild diesel-powered vehicle engines to more stringent emission standards or install emission reduction systems, notify affected parties, and share the technological information with countries that have poor air quality standards.

The Carl Moyer Memorial Air Quality Standards Attainment Program is a State of California engine retrofit and replacement program implemented through the cooperative efforts of local air districts such as the Bay Area Air Quality Management District (BAAQMD) and the California Air Resources Board (ARB). The BAAQMD's Carl Moyer Program is managed by the Air District's Strategic Incentives Division (SID). The program provides grant funding to encourage the voluntary purchase of cleaner-than-required engines, equipment, and emission reduction technologies in an effort to rapidly reduce air pollution. While regulations continue to be the primary means to reduce air pollution emissions, the Carl Moyer Program plays a complementary role to California’s regulatory program by funding emission reductions that are surplus, that is, early and/or in excess of what is required by regulation.

<span class="mw-page-title-main">California Smog Check Program</span>

The California Smog Check Program requires vehicles that were manufactured in 1976 or later to participate in the biennial smog check program in participating counties. The program's stated aim is to reduce air pollution from vehicles by ensuring that cars with excessive emissions are repaired in accordance with federal and state guidelines. With some exceptions, gasoline-powered vehicles, hybrid vehicles, and alternative-fuel vehicles that are eight model-years old or newer are not required to participate; instead, these vehicles pay a smog abatement fee for the first 8 years in place of being required to pass a smog check. The eight-year exception does not apply to nonresident vehicles being registered in California for the first time, diesel vehicles 1998 model or newer and weighing 14,000 lbs or less, or specially constructed vehicles 1976 and newer. The program is a joint effort between the California Air Resources Board, the California Bureau of Automotive Repair, and the California Department of Motor Vehicles.

<span class="mw-page-title-main">Mobile source air pollution</span>

Mobile source air pollution includes any air pollution emitted by motor vehicles, airplanes, locomotives, and other engines and equipment that can be moved from one location to another. Many of these pollutants contribute to environmental degradation and have negative effects on human health. To prevent unnecessary damage to human health and the environment, environmental regulatory agencies such as the U.S. Environmental Protection Agency have established policies to minimize air pollution from mobile sources. Similar agencies exist at the state level. Due to the large number of mobile sources of air pollution, and their ability to move from one location to another, mobile sources are regulated differently from stationary sources, such as power plants. Instead of monitoring individual emitters, such as an individual vehicle, mobile sources are often regulated more broadly through design and fuel standards. Examples of this include corporate average fuel economy standards and laws that ban leaded gasoline in the United States. The increase in the number of motor vehicles driven in the U.S. has made efforts to limit mobile source pollution challenging. As a result, there have been a number of different regulatory instruments implemented to reach the desired emissions goals.

As the most populous state in the United States, California's climate policies influence both global climate change and federal climate policy. In line with the views of climate scientists, the state of California has progressively passed emission-reduction legislation.

<span class="mw-page-title-main">Innovative Clean Transit rule</span>

The Innovative Clean Transit Rule (ICT) is a regulation promulgated by the California Air Resources Board which requires public transit agencies in the state of California to shift their bus fleets to zero emissions buses (ZEB), either electric buses or fuel cell buses. By 2029, only ZEBs will be allowed for new bus purchases, and the entire fleet must use ZEBs by 2040.

References

  1. 1 2 3 4 "ARB adopts landmark rules to clean up pollution from "big rigs"". California Environmental Protection Agency/Air Resources Board. 12 December 2008. Retrieved 6 May 2011.
  2. ↑ "Truck and Bus Regulation: On-Road Heavy-Duty Diesel Vehicles (In Use) Regulation". California Environmental Protection Agency/Air Resources Board. 15 April 2011. Archived from the original on 10 March 2011. Retrieved 19 April 2011.
  3. ↑ "Health Effects of Diesel Exhaust". California Environmental Protection Agency/Air Resources Board. 20 January 2011. Retrieved 6 May 2011.
  4. ↑ "Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles" (PDF). California Environmental Protection Agency/Air Resources Board. October 2000. Retrieved 3 May 2011.
  5. ↑ Anair, Don (2008). "Delivering the Green: Reducing truck's climate impacts while saving at the pump" (PDF). Union of Concerned Scientists. Archived (PDF) from the original on 5 May 2011. Retrieved 6 May 2011.
  6. ↑ "California Dump Truck Owners Association Sue State Air Resources Board to Overturn Overreaching Truck and Bus Rule". California Dump Truck Owners Association. 24 February 2011. Archived from the original on 14 March 2011. Retrieved 3 May 2011.
  7. 1 2 "CA Dump Truck Owners Association sues CARB". Better Roads. 17 February 2011. Retrieved 6 May 2011.
  8. ↑ McClernon, Rob. 27 April 2011. Letter to CARB Staff: Subject: PM2.5 SIP – Why Didn’t EPA Calculate a Separate and Exact Cancer Risk from Diesel Emissions if it so Dangerous?
  9. 1 2 3 4 5 6 7 8 9 10 "Final Regulation Order to Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen, and other Pollutants from In-use Heavy-Duty Diesel-Fueled Vehicles" (PDF). California Environmental Protection Agency/Air Resources Board. 11 December 2008. Retrieved 6 May 2011.
  10. ↑ "Fleet Compliance Assistance Tools". California Environmental Protection Agency/Air Resources Board. 23 February 2011. Retrieved 25 April 2011.
  11. ↑ "Truck and Bus Upload and Compliance Reporting System". California Environmental Protection Agency/Air Resources Board. 11 April 2011. Retrieved 6 May 2011.
  12. 1 2 "Heavy-Duty Diesel Emission Control Strategy (DECS) Installation and Maintenance". California Environmental Protection Agency/Air Resources Board. 7 December 2010. Retrieved 25 April 2011.
  13. ↑ "California Rules to Cut Diesel Truck Pollution Called Most Sweeping in U.S.: Will Dramatically Cut Largest Source of Deadly Diesel Pollution in State". Environmental Defense Fund. 12 December 2008. Archived from the original on 24 January 2011. Retrieved 6 May 2011.
  14. 1 2 Anair, Don; Monahan, Patricia (June 2004). "Sick of Soot: Reducing the Health Impacts of Diesel Pollution in California" (PDF). Union of Concerned Scientists. Archived (PDF) from the original on 5 May 2011. Retrieved 6 May 2011.
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