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California Air Resources Board proposed regulations

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  • Pacific Merchant Marine Council, NLUS
    http://www.thetrucker.com/News/Stories/2007/12/6/Californiaportspollutionrulingcouldhavewidespreadimplications.aspx California ports pollution ruling could
    Message 1 of 1 , Dec 16, 2007

      California ports pollution ruling could have widespread implications

      The Associated Press


      LOS ANGELES — California regulators are taking aim at major shipping companies and thousands of individual truckers with two landmark measures intended to cut air pollution at large state ports and rail yards.

      The proposed regulations would force operators of cargo ships and other large vessels to use land-based electric power while docked, and require trucks operating at major ports and rail yards to reduce emissions.

      If approved, California would be the first state to impose such requirements on the shipping and transportation industries.

      California ports account for more than 40 percent of all cargo container traffic into the U.S.

      The California Air Resources Board has scheduled two days of public hearings beginning Thursday. Votes on the two measures are expected to take place by Friday.

      The board will also vote on whether to require the state's largest oil refineries, electricity plants and other facilities to report their greenhouse gas emissions beginning in 2009.

      Currently, businesses can voluntarily track their emissions and report them to the nonprofit California Climate Action Registry.

      The state's initiatives come amid growing concern among residents living near major cargo ports about health risks due to air pollution.

      The communities, particularly cities near the neighboring ports of Los Angeles and Long Beach, have benefited economically from a boom in cargo imports from Asia.

      In recent years, however, many residents have begun pressing the industry and the state to do more to curtail the emissions generated by ships and trucks servicing the ports.

      Mary Nichols, who chairs the air resources board, said the proposed rules will do just that.

      "Residents from San Pedro to Oakland will breathe easier as a result of our aggressive actions to clean up diesel emissions from ports throughout the state," Nichols said in a statement issued Wednesday. "We owe it to the long-suffering ports communities to continue our quest of reducing all the emissions we can from ships, trucks and trains."

      The regulation aimed at cutting pollution from docked ships requires cargo container, passenger and refrigerated cargo ships to shut off their auxiliary diesel engines while berthed and to tap electric power from a land-based source.

      The rule would apply to ships visiting California's busiest ports, including the Los Angeles, Long Beach, Port Hueneme in Ventura County, San Diego, Oakland and San Francisco.

      A study by the board found that emissions from docked ships elevated the risk of cancer to greater than 10 in a million for the more than two million people living near the ports of Los Angeles and Long Beach.

      The shore-power measure would reduce diesel and smog-forming emissions from docked vessels by nearly 50 percent by 2014 and by 80 percent by 2020, the state said.

      The Pacific Merchant Shipping Association, which represents marine terminal operators and ocean carriers responsible for handling 90 percent of the containerized cargo moving through the West Coast, is not objecting to the overall goal of relying more on shore power to cut back ship emissions.

      The organization, however, plans to raise objections to facets of the language in the proposed rule, which it says would place the responsibility of implementing the initiative solely on terminal operators, said T.L. Garrett, an association spokesman.

      The industry also faces major compliance costs that would ultimately be passed on to shippers.

      While many ocean carriers have voluntarily begun equipping ships to receive onshore power, the regulation would require the industry to pay to refit other ships, a cost that ranges from $300,000 to $2 million per vessel, Garrett said.

      The industry has recommended to the board that the program be voluntary.

      The added costs on shippers and concerns about whether the rules on trucks will lead to a shortage of port drivers, potentially causing a cargo slowdown, could lead some shippers to divert cargo away from California to ports to the north and in the Gulf of Mexico, said Paul Bingham, an economist with Global Insight.

      Still, it is likely that if the board approves the proposals, other ports in the U.S. would follow, he said.



      Release 07-58
      December 5, 2007

        Leo Kay
      Karen Caesar
      (626) 575-6728

      The ARB adopted both the Shore Power and Port Truck measures at its December 6-7 hearing. For specific information regarding emissions reductions due to these efforts, please refer to the December 5 press release, or contact the Public Information Office at 626/575-6728. Information is also available on these ARB webpages:
      Shore Power
      Port Trucks

      ARB proposes new regulations to reduce diesel pollution at state's ports

      Port electrification, cleaner trucks also have greenhouse gas benefits

      LONG BEACH, Calif. -- ARB Chairman Mary Nichols highlighted two port-related emissions reductions programs today that, if passed by the full Board later this week, will dramatically reduce diesel particulate matter pollution from ships and trucks throughout the state by 2014.

      The first regulation requires operators of certain types of ocean-going vessels to shut down their diesel auxiliary engines while docked at the state's busiest ports in favor of using shore-based electrical power. The second regulation is aimed at cleaning up emissions from the aging fleet of dirty diesel trucks that hauls goods around the clock to and from ports and rail yards throughout the state.

      "These first-of-their-kind measures will continue our work to slash port-related emissions," Nichols said. "Residents from San Pedro to Oakland will breathe easier as a result of our aggressive actions to clean up diesel emissions from ports throughout the state. We owe it to the long-suffering ports communities to continue our quest of reducing all the emissions we can from ships, trucks and trains."

      ARB adopted strategies in December 2005 that require cleaner engines in cargo handling equipment and clean fuel on ships. Combined with the measures before the Board this week, ARB regulations will reduce diesel particulate matter emissions from container and cruise ship terminals by almost two-thirds by 2010, and by an estimated 75 percent by 2014. Overall diesel soot emissions will decline by 1,800 tons per year in 2014.

      Shore Power

      The new regulation will require certain fleet operators of container, passenger and refrigerated cargo ships ("reefers") to turn off their auxiliary engines -- which power lighting, ventilation, pumps and other onboard equipment -- while a ship is docked for most of its stay in port. The rule will affect almost 95 percent of the ship visits in these three categories. Once docked, operators would then be expected to receive their electricity from shore-based sources or meet percentage reductions through other means. Ports affected by the regulation are those most visited: Los Angeles, Long Beach, Oakland, San Diego, San Francisco and Hueneme in Ventura County.

      A 2005 ARB exposure study at the ports of Los Angeles and Long Beach shows that more than two million people live in areas around the ports with predicted cancer risks of greater than 10 in a million due emissions from docked ocean-going vessels. From that study and other data, ARB estimates that about 61 premature deaths per year can be attributed to exposure to diesel exhaust generated from ships in port.

      Container, passenger and reefer vessels call at California ports almost 6,000 times each year, accounting for nearly 85 percent of the emissions from all docked ships. In 2006, approximately 1.8 tons per day of diesel particulate matter and 21 tons per day of oxides of nitrogen (NOx), a key ingredient of smog, were emitted from the diesel-fueled auxiliary engines of docked ships. The regulation is expected to reduce diesel and smog-forming emissions from docked container, passenger and reefer ships by nearly 50 percent relative to levels otherwise expected to be emitted in 2014, and 80 percent by 2020.

      Next year, ARB expects to introduce a similar rule that will reduce emissions from bulk ships, tankers and vehicle carriers.

      Port Trucks

      ARB staff estimates that California has about 20,000 port or "drayage" trucks that frequently visit the ports and rail yards and have the greatest impact on local air quality. Drayage trucks are a significant source of diesel particulate matter, contributing three tons per day statewide. With regards to the smog precursor NOx, port trucks emit 61 tons per day.

      The regulation is expected to reduce diesel particulate matter emissions from drayage trucks from baseline 2007 levels some 86 percent (2.6 tons per day) by 2010. Emissions of NOx are expected to be reduced from 2007 baseline levels by 62 percent (42 tons per day) by 2014.

      ARB estimates that the proposed regulation will prevent 1,200 premature deaths from 2009 through 2020, with benefits being the most dramatic in the communities where port trucks are heavily concentrated.

      Phase one of the new regulation requires all pre-1994 drayage truck engines be retired or replaced with 1994 and newer engines by the end of 2009. In addition, trucks with 1994-2003 engines will need to be either replaced or retrofitted to achieve an 85 percent reduction in diesel particulate matter by the same deadline. The second phase of the regulation requires all drayage trucks to meet 2007 emissions standards by the end of 2013.

      The rule also requires compliant trucks working at the 14 ports and 11 rail yards affected by this regulation to be entered into a special registry by late 2009. (Affected ports are Benicia, Crockett, Hueneme, Humboldt Bay (Eureka), Long Beach, Los Angeles, Oakland, Pittsburgh, Redwood City, Richmond, Sacramento, San Diego, San Francisco and Stockton. Affected intermodal rail yards are: Oakland Union Pacific (UP) and Oakland Burlington (BNSF); Hobart BNSF; LATC UP; Commerce UP; Commerce Eastern BNSF; Richmond BNSF; ICTF UP; San Bernardino; Stockton Intermodal BNSF; and Lathrop Intermodal UP.)

      Next year, the Board will consider a similar measure which will focus on reducing emissions from in-use private heavy duty diesel truck fleets.

      Additional Benefits

      In addition to substantially helping local communities, the port truck regulation, if passed, will help the entire Los Angeles region meet federally mandated air quality standards by 2014. In terms of greenhouse gas, it will help to reduce carbon dioxide emissions by 55,000 - 89,000 tons per year (3 - 5 percent). The shore power regulation is expected to reduce CO2 emissions by roughly 40 percent by 2020, equivalent to about 200,000 tons per year.

      Long-term exposure to diesel exhaust increases the risk of developing lung cancer and respiratory disease, and can cause premature death.

      The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.


      This page updated November 6, 2007.

      Proposed At-Berth Ocean-Going Vessels Regulations

      November 9, 2007 Workshop
      The ARB has developed a proposed regulation for reducing emissions from diesel auxiliary engines on ocean-going vessels while at-berth at a California Port. The proposed regulation will be presented to the Board on December 6, 2007. The proposed regulation would require operators of vessels meeting specified criteria to turn off their auxiliary engines for most of their stay in port. We anticipate that such vessels would then receive their electrical power from the shore, or use an alternative, but equally effective, means of emission reductions. The process of shutting off engines and connecting to power on shore is sometimes referred to as "shore power" or "cold-ironing." The term "cold-ironing" is derived from the metal aboard the ships "going cold" when combustion equipment is shut down.

      Background Information

      In March 2006, the ARB released a draft report, Evaluation of Cold-Ironing Oceangoing Vessels at California Ports, which presented an analysis of the feasibility and cost effectiveness of cold-ironing ships at California ports. The report concluded that the most attractive vessel candidates for cold-ironing are container ships, refrigerated cargo (reefer) ships, and passenger ships, and the most likely locations for cold-ironing in California are the Ports of Los Angeles, Long Beach, Oakland, San Diego, San Francisco, and Hueneme.
      In April 2006, the Board approved the Goods Movement Emission Reduction Plan, which identifies strategies for reducing emissions created from the movement of goods throughout the State. Shore power was a strategy identified for reducing hotelling emissions, with a goal of 20 percent emission reductions from cold-ironing or an equivalent reduction strategy by 2010, 60 percent reductions by 2015, and 80 percent reductions by 2020.
      Upcoming Meetings

      November 9, 2007 Meeting Information

      Previous Meetings
      The ARB staff created a workgroup to assist us with the development of a shore power regulation. Five workgroup meetings were held between January and August 2007. ARB staff held a series of public workshops the last week of September 2007 to present a draft proposed regulation for discussion and comment.

      September 24, 25, and 27, 2007 Meeting Information

      Information for the public meetings is provided below. The Sacramento meeting will have a webcast and conference call option available.


      This page updated November 28, 2007.

      new button ARB Staff's Proposed Modifications to the Regulation to Control Emissions from In-Use On-Road Diesel-Fueled Heavy Duty Drayage Trucks (As of November 28, 2007) Go There.


      The proposed regulation will be presented to the Air Resources Board (Board) at the December 6-7, 2007 Board hearing in El Monte. Please review the Public Meeting Agenda to verify the date and time when this item will be heard. Go There.

      (10-19-2007) The Notice of Public Hearing to Consider the Adoption of Proposed Regulation to Control Emissions from In-Use On-Road Diesel Fueled Heavy-Duty Drayage Trucks at Ports and Intermodal Rail Yard Facilities is now available. The Notice and all other regulatory documents, including the Initial Statement of Reasons (ISOR or Staff Report) are available on the regulatory activities page. Go There.

      (10-11-2007) Draft regulation language is now available for public comment and review.
      To view the draft regulation language: Click

      To submit comments and suggestions, or if you have questions, please contact:

      Mr. Michael Miguel
      Project Support Section Manager:
      E-mail: (
      Phone: (916) 445-4236

      Population and emission reduction summaries resulting from the implementation of the draft drayage truck regulation are now available for public review. To view the summaries: Click Here.

      Welcome to the "Intermodal Truck" webpage devoted to the development of a regulatory control measure to reduce emissions from heavy-duty diesel-powered trucks at California's ports and rail facilities. This webpage will be maintained to provide a single site to obtain information on public meeting schedules, documents, contact information, regulatory status and development, and share information.

      Please join our
      Port Truck Listserve to automatically receive email notices of future public meetings and regulatory status reports.


      Regulatory Timeline (tentative)

      • ARB Board Hearing Date: December 6-7, 2007
      • Staff Report Release: October 2007
      • Public Meetings: Started August 2006

      What's New

      October 11, 2007new button

      Updated Draft Drayage Truck regulatory language is now available for public comment and review.

      To view the draft regulation language: Click
      For comments or questions on the summaries, please contact:
      Mr. Michael Miguel
      Project Support Section Manager:
      E-mail: (
      Phone: (916) 445-4236
      September 18, 2007

      Population and emission reduction summaries resulting from the implementation of the draft drayage truck regulation are now available for public review.

      To view the summaries: Click
      September 5, 2007

      Board Hearing Postponed until December 6-7, 2007


      Air Resources Board
      9530 Telstar Avenue
      El Monte, California 91731


      December 6 & 7, 2007

      Electronic Board Book


      This facility is accessible by public transit. For transit information, call: Metropolitan Transit Authority (MTA) at 1-800-COMMUTE, website: www.mta.net. (This facility is accessible to persons with disabilities.)




      December 6, 2007
      9:00 a.m.

      Agenda Item #

       Agenda Topic


      Health Update:A Review of Chronic Air Pollution Exposure and Adverse Effects on the Brain
       Staff will present a review of recent studies investigating the relationship between air pollution and adverse effects on the brain. The studies show that chronic exposure to air pollution is associated with inflammation and structural damage to the brain. These findings suggest that health impacts associated with exposure to air pollution are more far-reaching than previously thought.

      More Information Staff Presentation


      Public Meeting to Consider Appoinment to Replace a Member to the Economic and Technology Advancement Advisory Committee
       The representative to the Assembly Bill 32 Economic and Technology Advancement Advisory Committee from the California Chamber of Commerce has resigned from the Committee. Staff will ask the Board to approve the appointment to the Committee of Ms. Amisha Patel of the California Chamber of Commerce, effective immediately.


      Public Meeting to Update the Board on a Climate Change Science Update: Action at a Local Level
       Staff will provide an update on how local cities and counties are implementing a variety of climate action strategies to reduce greenhouse gas emissions.
       More Information Staff Presentation


      Public Hearing To Consider Adoption of a Regulation for the Mandatory Reporting of Greenhouse Gas Emissions
       Staff will present a proposed regulation establishing a mandatory greenhouse gas (GHG) reporting program for California. This regulation is being developed pursuant to requirements of the California Global Warming Solutions Act (AB 32, Statutes of 2006, Chapter 488). Under the proposed regulation the most significant sources of GHGs in the State would be required to report their GHG emissions annually, beginning in 2009. The proposed regulation includes detailed specifications for emissions calculations, reporting, and verification of GHG emission estimates. Key industrial sectors subject to reporting include the electricity sector, oil refineries, cement plants, cogeneration facilities, and other significant industrial sources of GHGs.
       More information Staff Presentation


      Public Meeting to Consider Consideration the 1990 Statewide Greenhouse House Gas Emissions Level and 2020 Emissions Limit
       AB 32 requires ARB to determine what the statewide GHG emissions level was in 1990 and approve a statewide greenhouse gas emissions limit equivalent to that level to be achieved by 2020. Beginning with the California Energy Commission's "Inventory of California Greenhouse Gas Emissions and Sinks: 1990-2004," staff undertook an extensive review of the methods and data used to develop the statewide GHG inventory, with particular focus on the 1990 statewide GHG emissions level. After completing a comprehensive review and update process, ARB staff is proposing for Board approval a 1990 statewide GHG level and 2020 limit of 427 million metric tonnes of carbon dioxide equivalent.
       More Information Staff Presentation


      Public Hearing to Consider the Adoption of Gaseous Pollutant Measurement Allowances for California's Heavy-Duty Diesel In-Use Compliance Regulation
       In 2006, the Board adopted a new heavy-duty diesel in-use compliance regulation and test procedures, known as the manufacturer-run heavy-duty diesel in-use testing program. All testing in this program will be conducted by engine manufacturers with portable emission measurement systems (PEMS). ARB, the U. S. Environmental Protection Agency (U.S. EPA), and the Engine Manufacturers Association (EMA) agreed to fund a test program to determine a "measurement allowance" for each gaseous pollutant to account for any potential difference in measurement accuracy between measurements made with PEMS in the field and laboratory grade analyzers in the laboratory. The test program has been completed and ARB, U.S. EPA, and EMA have agreed on the appropriate measurement allowances.
       More Information Staff Presentation


      Note: This item may go over into Friday, December 7.

      Public Hearing to Consider the Adoption of Proposed Regulations to Reduce Emissions from Diesel Auxiliary Engines on Ocean-Going Vessels While at Berth at a California Port
       The proposed regulations would require ocean-going vessels to reduce their emissions while docked at a California port.
       More Information Staff Presentation


      Public Meeting to Consider Options Regarding the Requested Disclosure of Zero Emission Vehicle (ZEV) Credit Data Based on Submittals by Vehicle Manufacturers Who Have Designated the Data as Confidential Trade Secret Information
       The staff will describe the potential options in responding to public requests for disclosure of information compiled by ARB from submittals by vehicle manufacturers of information on their production of ZEVs, partial ZEV allowance vehicles (PZEV) and advanced technology PZEVs, and any exchanges of ZEV credits. This information, which has been claimed to be trade secret by all large volume manufacturers, is relevant to the upcoming rulemaking on proposed amendments to the ZEV regulations.

      December 7, 2007
      8:30 a.m.



      Report to the Board on the Nonattainment Area Recommendations for the Revised Federal PM2.5 24-Hour Standard
       Staff will present recommendations to the Board on proposed nonattainment areas for the revised federal PM2.5 24-hour standard. The 24-hour PM2.5 standard was recently revised from 65 ug/m3 to 35 ug/m3. These recommendations are to be submitted to the U.S. Environmental Protection Agency by December 18, 2007.
       More Information Staff Presentation


      Public Hearing to Consider the Adoption of Proposed Regulation to Control Emissions from In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks at Ports and Intermodal Rail Yard Facilities
       The proposed regulation would require on-road heavy-duty diesel trucks servicing California's ports and intermodal rail yards to reduce their emissions by meeting specified emission standards.
       More Information Staff Presentation
       The Board will hold a closed session as authorized by Government Code section 11126(e) to confer with, and receive advice from, its legal counsel regarding the folllowing pending litigation:

      Central Valley Chrysler-Jeep, Inc. et al. v. Witherspoon, U.S. District Court (E.D. Cal. - Fresno), No. CIV-F-04-6663 REC LJO.

      Fresno Dodge, Inc. et. al. v. California Air Resources Board and Witherspoon, Superior Court of California (Fresno County), Case No. 04CE CG03498.

      General Motors Corp. et. al. v. California Air Resources Board and Witherspoon, Superior Court of California (Fresno County),No. 05CE CG02787.

      Massachusetts v. E.P.A., 415 F. 3d 50 (D.C. Circ. 2005), Certiorari granted, 126 S. Ct. 2960 (June 26, 2006.)

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