TITLE 13. CALIFORNIA AIR RESOURCES BOARD
NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED MODIFICATIONS TO THE FLEET RULE FOR TRANSIT AGENCIES AND NEW REQUIREMENTS
FOR TRANSIT FLEET VEHICLES
The Air Resources Board (the Board or ARB) will conduct a public hearing at the time and place noted below
to consider adoption of amendments to the Fleet Rule for Transit Agencies. The amendments would establish new requirements
for vehicles owned or operated by transit agencies that are not currently covered by the Fleet Rule, add a new
definition for commuter service buses, add requirements for newly formed transit agencies, modify the urban bus
particulate matter (PM) fleet standard to allow for fleet growth, modify the urban bus engine emission standard
for 2004 to 2006 model year diesel hybrid-electric bus engines to clarify the standards, and make structural changes
that move the existing Fleet Rule for Transit Agencies from sections devoted to new engine emission standards to
a new section set aside for the regulation of fleet diesel particulate emissions. This notice summarizes the significant
amendments. The Initial Statement of Reasons, or staff report, presents all of the proposed amendments in greater
detail.
DATE: February 24, 2005
TIME: 9:00 a.m.
PLACE: California Environmental Protection Agency
Air Resources Board
Byron Sher Auditorium, Second Floor
1001 I Street
Sacramento, California 95814
This item will be considered at a two-day meeting of the Board, which will commence at 9:00 a.m., February 24,
2005, and may continue at 8:30 a.m., February 25, 2005. This item may not be considered until February 25, 2005.
Please consult the agenda for the meeting, which will be available at least ten days before February 24, 2004,
to determine the day on which this item will be considered.
If you have a disability-related accommodation need, please go to http://www.arb.ca.gov/html/ada/ada.htm
for assistance or contact the ADA Coordinator at (916) 323-4916. If you are a person who needs assistance in a
language other than English, please contact the Bilingual Coordinator at (916) 324-5049. TTY/TDD/Speech-to-Speech
users may dial 7-1-1 for the California Relay Service.
INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW
Sections Affected: Proposed adoption of sections 2023, 2023.1, 2023.2, 2023.3, 2023.4; amendment
of sections 1956.1, 2020, 2021; and repeal of sections 1956.2, 1956.3, 1956.4, title 13, California Code of Regulations
(CCR).
Background: In February 2000, the Board confirmed its continued commitment to improving emissions
from public transportation by establishing a new fleet rule for transit agencies and more stringent emission standards
for new urban bus engines and vehicles. The Board directed staff to report back regularly on implementation progress
and to develop a test procedure to certify hybrid-electric urban buses (HEBs). Staff reported back to the Board
at its September 20, 2001, and March 21, 2002, public meetings.
As instructed by the Board, staff developed modifications to the fleet rule for transit agencies and a new test
procedure for certification of HEBs, which were adopted at the October 24, 2002, public hearing. Subsequently,
the Board approved further modifications at the June 24, 2004, hearing, to allow any transit agency on the diesel
path to purchase diesel hybrid electric buses at a higher oxides of nitrogen (NOx) emission level, provided that
the transit agency offset the higher NOx emissions through actions to reduce NOx emissions from other buses in
its fleet. In addition, the June 24, 2004, amendments adjusted the zero emission bus demonstration requirements
to better reflect the actual evolution of the relevant technology and markets.
Proposed Actions: Staff is proposing to expand the fleet rule to include smaller diesel and alternative-fueled
buses, commuter buses, and heavy-duty trucks owned or operated by transit agencies. The affected vehicles are called
transit fleet vehicles, and would be subject to a fleet average NOx limit and PM reduction requirement, phased-in
between 2007 and 2010. These standards can be met by using verified retrofit technology, installing newer engines,
or replacement of vehicles. About 4000 vehicles, which is about 25 percent of all the vehicles owned or operated
by transit agencies, would be affected. The engines used in newly purchased transit fleet vehicles would remain
subject to the on-road heavy-duty truck engine exhaust emission standards.
Staff's proposal would require transit agencies to reduce emissions from transit fleet vehicles. By December 31,
2007, transit agencies must reduce PM emissions of transit fleet vehicles by 40 percent relative to their January
1, 2005, baseline, and reduce average NOx emissions to 3.2 grams per brake horsepower-hour (g/bhp-hr). By December
31, 2010, the transit agencies would be required to reduce PM fleet emissions by 80 percent relative to their January
1, 2005, baseline, and achieve average NOx fleet emissions of 2.4 g/bhp-hr.
As a part of these changes, staff is proposing to add a definition for a commuter service bus, which is a subcategory
of a transit fleet vehicle. A commuter service bus is a bus that would otherwise meet the definition of an urban
bus except that its duty cycle includes very little of the stop-and-go operations of an urban bus. This definition
is necessary to clarify existing policy regarding when a commuter service bus is not subject to the urban bus new
engine emission standards and requirements in the fleet rule for transit agencies. In this case, a commuter service
bus will be classified as a transit fleet vehicle, not an urban bus. This definition codifies existing policy based
on a guidance issued in 2001.
Another proposed amendment concerns newly formed transit agencies. The fleet rule for transit agencies is currently
silent on how a newly formed transit agency is to comply with the existing rule, which has requirements that began
as early as 2001. The new proposed language will clarify how new transit agencies are to comply.
Staff is also proposing to amend the PM reduction schedule for urban buses. At its October 2002 hearing, the Board
modified the mechanism used by transit agencies to reduce diesel PM emissions from urban buses in recognition of
the lack of available retrofit technology originally projected to be available for PM reduction from all diesel
fuelled urban buses. After working with the transit agencies, staff recognized that the new PM reduction requirements
did not allow for fleet growth after 2007 (diesel path agencies) or 2009 (alternative-fuel path agencies) when
the transit agencies were to have reduced total fleet PM emissions to 15 percent of their January 1, 2002, baseline
PM emissions. Staff is proposing to modify the urban bus PM fleet standard to allow for fleet growth while maintaining
emission reductions.
Another modification is being proposed to clarify standards that were inadvertently left out of the amendments
adopted at the June 2004 Board hearing. The new engine emission standards for 2004 to 2006 model year diesel hybrid-electric
urban buses provide specific language for NOx and PM engine exhaust emission standards, but are silent on exhaust
emission standards for carbon monoxide, hydrocarbon, and formaldehyde. Staff is proposing language to clarify the
engine exhaust emission standards for these pollutants.
Finally, staff is proposing a codification change to move the existing fleet rule for transit agencies from title
13, CCR, sections 1956.2-1956.4, currently located with the engine emission standards, to new sections set aside
for controlling diesel particulate emissions from fleets in title 13, CCR, section 2020, 2023 to 2023.4.
COMPARABLE FEDERAL REGULATIONS
There are no comparable federal regulations that reduce emissions from in-use urban buses or other buses and vehicles
owned or operated by transit agencies.
AVAILABILITY OF DOCUMENTS AND AGENCY CONTACT PERSONS
The Board staff has prepared a Staff Report: Initial Statement of Reasons (ISOR) for the proposed regulatory action,
which includes a summary of the economic and environmental impacts of the proposal. The report is titled: "Proposed
Modifications to the Fleet Rule for Transit Agencies: Addition of Proposed Requirements for Transit Fleet Vehicles."
Copies of the ISOR and the full text of the proposed regulatory language, in underline and strikeout format to
allow for comparison with the existing regulations, may be accessed on ARB's web site listed below, or may be obtained
from the Public Information Office, Air Resources Board, 1001 I Street, Visitors and Environmental Services Center,
1st Floor, Sacramento, California 95814, (916) 322-2990 at least 45 days prior to the scheduled hearing
February 24, 2005.
Upon its completion after the Board hearing, the Final Statement of Reasons (FSOR) will be available and copies
may be requested from the agency contact persons in this notice, or may be accessed on ARB's web site listed below.
Inquiries concerning the substance of the proposed regulation may be directed to Ms. Kathleen Mead, Air Pollution
Specialist, by email at kmead@arb.ca.gov or by phone at (916) 324-9550, or
to Dr. Nancy L.C. Steele, Manager, by email at nsteele@arb.ca.gov or by
phone at (626) 350-6598.
Further, the agency representative and designated back-up contact persons to whom nonsubstantive inquiries concerning
the proposed administrative action may be directed are Artavia Edwards, Manager, Board Administration & Regulatory
Coordination Unit, (916) 322-6070, or Amy Whiting, Regulations Coordinator, (916) 322-6533. The Board has compiled
a record for this rulemaking action, which includes all the information upon which the proposal is based. This
material is available for inspection upon request to the contact persons.
This notice, the ISOR and all subsequent regulatory documents, including the FSOR, when completed, are available
on ARB Internet site for this rulemaking at http://www.arb.ca.gov/regact/bus04/bus04.htm.
COSTS TO PUBLIC AGENCIES AND TO BUSINESSES AND PERSONS AFFECTED
The determinations of the Board's Executive Officer concerning the costs or savings necessarily incurred by public
agencies and private persons and businesses in reasonable compliance with the proposed regulations are presented
below.
Pursuant to Government Code sections 11346.5(a)(5) and 11346.5(a)(6), the Executive Officer has determined that
the proposed regulatory action will not create costs or savings to any state agency or in federal funding to the
state, costs or mandate to any local non-transit agency or school district whether or not reimbursable by the state
pursuant to Part 7 (commencing with section 17500), Division 4, Title 2 of the Government Code, or other nondiscretionary
savings to state or local agencies.
The proposed regulation would impose fiscal impacts on local public transit agencies. All direct costs that will
be required to comply with staff's proposal and achieve emissions reductions will only impact public transit agencies.
Staff estimates that the proposed regulation will cost $12.8 million to $26.7 million overall, with an average
estimate of just under $19 million (in 2005 dollars) over the lifetime of the regulation. In addition, transit
agencies can be expected to experience relatively minor impacts due to additional record-keeping and auditing requirements.
In developing this regulatory proposal, ARB staff evaluated the potential economic impacts on representative private
persons or businesses. It is possible that transit passengers may experience slight increases in fares or other
fees as an indirect result of relatively small increases in transit agency costs.
The Executive Officer has made an initial determination that the proposed regulatory action will not have a significant
statewide adverse economic impact directly affecting businesses, including the ability of California businesses
to compete with businesses in other states, or on representative private persons. There are no associated costs
for business, only for local public transit agencies. Staff expects there will be benefits to those businesses
that produce or sell new vehicles or engines, and retrofit technology.
In accordance with Government Code section 11346.3, the Executive Officer has determined that the proposed regulatory
action will not result in the elimination of jobs within the State of California, or the elimination of existing
businesses within the State of California. It is possible that the proposed regulatory action may lead to the creation
of a few jobs or new businesses, or the slight expansion of existing businesses, in California. A detailed assessment
of the economic impacts of the proposed regulatory action can be found in the ISOR.
The Executive Officer has also determined, pursuant to title 1, CCR, section 4, that the proposed regulatory action
will not affect small businesses because the modifications do not directly affect any businesses.
In accordance with Government Code sections 11346.3(c) and 11346.5(a)(11), the Executive Officer finds that the
reporting requirements of the regulation that apply to businesses are necessary for the health, safety, and welfare
of the people of the State of California.
Before taking final action on the proposed regulatory action, the Board must determine that no reasonable alternative
considered by the Board or that has otherwise been identified and brought to the attention of the Board would be
more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome
to affected private persons than the proposed action.
BENEFITS OF THE PROPOSAL
ARB staff estimates that in 2010 the proposed amendments would result in the reduction of 44 pounds per day (lbs/day)
of diesel PM, 0.19 tons per day (tpd) of NOx, 0.04 tpd of HC, and 0.04 tpd of CO emissions. In 2020, staff estimates
reductions of 47 lbs/day of diesel PM, 0.31 tpd of NOx, 0.07 tpd of HC, and 0.05 tpd of CO emissions. The PM reductions
represent a 43 percent and 81 percent reduction in 2010 and 2020, respectively, from the 2000 baseline emissions.
NOx is reduced 29 percent in 2010 and 83 percent in 2020 from the 2000 baseline emissions.
ARB staff estimates that approximately 11 premature deaths would be avoided by 2020 as a result of emission reductions
obtained through this regulation. The proposed regulation will reduce PM emissions by a cumulative amount of 140
tons by the end of year 2020, and therefore prevent an estimated 10 premature deaths (5 to 15, 95 percent confidence
interval (95% CI)) by year 2020. In addition, staff estimates that the proposed regulation will accrue a cumulative
reduction of 620 tons of NOx by the end of 2020, therefore avoiding an estimated one premature death (0 to 1, 95%
CI).
The estimated cost of the proposed regulatory amendments is $0.90 to $1.90 per pound of NOx and $42 to $88 per
pound for PM. These values are within the range of recently adopted regulations.
Staff calculated the value of avoiding one premature death, arriving at a range from $4 million to $6 million (in
2004 dollars). For the proposed regulation, the estimated cost of control per premature death prevented is about
$1.5 million to $2 million for this proposal which is about three times lower the United States Environmental Protection
Agency's benchmark for value of avoided death. This rule is, therefore, a cost-effective mechanism to reduce premature
deaths that would otherwise be caused by diesel emissions without this regulation.
SUBMITTAL OF COMMENTS
The public may present comments relating to this matter orally or in writing at the
hearing, and in writing or by e-mail before the hearing. To be considered by the
Board, written submissions not physically submitted at the hearing must be received no later than 12:00 noon, February
23, 2005, and addressed as follows:
Postal mail is to be sent to:
Clerk of the Board
Air Resources Board
1001 I Street, 23rd Floor
Sacramento, California 95814
Electronic mail is to be sent to: bus04@listserv.arb.ca.gov and
received at the ARB no later than 12:00 noon, February 23, 2005.
Facsimile transmissions are to be transmitted to the Clerk of the Board at (916) 322-3928 and received at the ARB
no later than 12:00 noon February 23, 2005.
The Board requests but does not require that 30 copies of any written statement be submitted and that all written
statements be filed at least 10 days prior to the hearing so that ARB staff and Board Members have time to fully
consider each comment. The Board encourages members of the public to bring to the attention of staff in advance
of the hearing any suggestions for modification of the proposed regulatory action.
STATUTORY AUTHORITY AND REFERENCES
This regulatory action is proposed under that authority granted in Health and Safety Code sections 39600, 39601,
39659, 39667, 39701, 41511, 43013, 43018, 43100, 43101, 43104, 43701(b) and 43806, and section 28114 of the Vehicle
Code. This action is proposed to implement, interpret and make specific sections 39002, 39003, 39017, 39018, 39033,
39500, 39650, 39657, 39667-39675, 39700, 39701, 40000, 41510, 41511, 43000, 43000.5, 43009, 43013, 43018, 43101,
43102, 43104, 43105, 43700, 43701(b), 43801, 43806 of the Health and Safety Code, and sections 233 and 28114 of
the Vehicle Code.
HEARING PROCEDURES
The public hearing will be conducted in accordance with the California Administrative Procedure Act, Title 2, Division
3, Part 1, Chapter 3.5 (commencing with section 11340) of the Government Code.
Following the public hearing, the Board may adopt the regulatory language as originally proposed, or with non-substantial
or grammatical modifications. The Board may also approve the proposed regulatory language with other modifications
if the text as modified is sufficiently related to the originally proposed text that the public was adequately
placed on notice that the regulatory language as modified could result from the proposed regulatory action; in
such event the full regulatory text, with the modifications clearly indicated, will be made available to the public,
for written comment, at least 15 days before it is adopted.
The public may request a copy of the modified regulatory text from the ARB's Public Information Office, Air Resources
Board, 1001 I Street, Visitors and Environmental Services Center, 1st Floor, Sacramento, California 95814,
(916) 322-2990.
CALIFORNIA AIR RESOURCES BOARD
/s/
Catherine Witherspoon
Executive Officer
Date: December 28, 2004