2005 RES R-31-05 - Laserfiche WebLink

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RECEIVED South Coast Air Quality Management District "/!��AR 3 0 2005 21865 Copley Drive, Diamond Bar CA, 91765 Contact: Janet Laiblin CIT CT C_ I Phone: 909-396-2713 Fax: 909-396-3968 E-mail: jlaiblin@aqmd.gov Locomotive Air Pollution Mitigation Program (SB 459 — Romero) A Legislative Bill to Mitigate the Impact of Railroad Locomotive Air Pollution Emissions Railroad locomotives emit substantial quantities of smog -forming nitrogen oxides and other air toxic contaminants. Diesel exhaust emissions are responsible for 70 percent of the cancer risk from air pollution in California. These emissions are also preventing California from achieving state and federal clean air standards because of the smog -forming oxides of nitrogen. Over the years, stringent regulations in California have reduced emissions by over 90 percent from most significant stationary sources and from motor vehicles and other mobile sources under the jurisdiction of state and local authorities. However, locomotives have been controlled far less stringently and therefore have not achieved their fair share of emission reductions needed to meet state and federal clean air standards. The ability of state and local governments to control emissions from these sources is constrained. Although federal law mandates that the state adopt rules to attain national ambient air quality standards, it preempts state and local jurisdiction from establishing exhaust emission standards from this significant pollution source. This proposal would provide that unless and until the United States Environmental Protection Agency adopts regulations requiring locomotives in the South Coast Air Basin to achieve all feasible emission reductions as necessary to achieve federal clean air standards, or until all of the affected railroads have entered into binding agreements with the south coast district to accomplish the same results, the south coast district would be authorized to adopt a locomotive emission impact mitigation program for operations within its jurisdiction. The program would include a mitigation fee for locomotive emissions based on their hours of operation within the South Coast Air Basin. This fee would: • not exceed the reasonable costs of mitigating the identified air pollution impacts resulting from railroad operations; • be established through an open and inclusive public process; • be used to offset locomotive emissions by funding air pollution emission reductions from other, yet similar, sources. • not interfere with federal authority over establishing new locomotive exhaust emission standards • not violate any provisions of a 1998 memorandum of understanding between the railroad companies and the state Air Resources Board to accelerate introduction of newer, lower-emifting locomotives into the South Coast Air Basin by 2010. The South Coast Air Quality Management is the air pollution control agency for Orange County and the major portions of Los Angeles, San Bernardino and Riverside Counties.