South Coast Air Quality Management District
South Coast Air Quality Management District
BOARD MEETING DATE: August 18, 2000 AGENDA NO. 31
Adopt Proposed Rule 1186.1 - Less-Polluting Sweepers
SYNOPSIS:
Proposed Rule 1186.1 will require public and private fleet operators to acquire alternative-fuel sweepers or otherwise less-polluting sweepers when purchasing or leasing these vehicles for sweeping operations undertaken by or for government jurisdictions or agencies with greater than 15 vehicles.
COMMITTEE:
Mobile Source, July 28, 2000, Reviewed
RECOMMENDED ACTION:
Adopt the attached resolution:
Barry R. Wallerstein, D.Env.
Executive Officer
Background
The recent results from the AQMD Multiple Air Toxic Exposure Study (MATES-II) indicate that mobile source emissions are major contributors to the potential cancer risk from air toxics in the South Coast Air Basin. In addition, mobile source emissions have become the major emission sources to the ozone, fine particulate matter and carbon monoxide air quality problem in the South Coast Air Basin. Despite current regulatory actions that have reduced overall mobile source emissions dramatically over the past twenty years and will continue emission reductions in the future, additional mobile source emission reductions are needed in the near-term to reduce population exposure to mobile source toxic air pollutants. Therefore, the AQMD Governing Board has directed staff to evaluate ways to reduce mobile source emissions within the AQMD’s regulatory authority.
In recognition of the substantial contribution of motor vehicles to the critical air pollution problem in the region, the AQMD is authorized to require operators of public and commercial fleet vehicles of 15 or more vehicles, when adding vehicles to or replacing vehicles in an existing fleet or purchasing vehicles to form a new fleet, to purchase vehicles which are capable of operating on clean burning alternative fuel and to require that these vehicles be operated, to the maximum extent feasible, on the alternative fuel. [Health & Safety Code Section 40447.5(a)].
Sweepers powered by alternative fuels are commercially available today. Several public and private street sweeper operators in the District have embarked on programs to purchase cleaner alternative-fuel sweepers over the past several years. Examples include the City of Cypress that has operated propane-powered sweepers since 1979 and the cities of Santa Monica and Placentia that currently use sweepers fueled by compressed natural gas (CNG). Sunline Transit Agency has been operating a fleet of CNG-sweepers for the past three years in the Coachella Valley. Sunset Property Services, a private fleet operator, has been operating dual-fuel sweepers over the last five years and is transitioning its fleet to be CNG-dedicated. Lastly, at least one other private sweeper operator has applied under the Carl Moyer Program and to the Mobile Source Air Pollution Reduction Review Committee (MSRC) for funding to purchase alternative-fuel sweepers and related infrastructure.
Proposal
Proposed Rule 1186.1 (PR1186.1) will require public and private fleet operators that provide sweeping services to governmental jurisdictions and agencies with greater than 15 vehicles (excluding police, fire, and other emergency vehicles) to purchase alternative-fuel sweepers or otherwise less-polluting sweepers when adding or replacing vehicles in their fleet after July 1, 2002. A fleet operator can delay the procurement of an individual alternative-fuel sweeper purchase before July 1, 2005, if the District approves a Technical Infeasibility Certification. Under PR1186.1 requirements, such a Certification must be based on a demonstration that an alternative-fueling station is not within five miles of the applicable maintenance yard or that, based on solely technical reasons, there are no commercially available alternative-fuel sweepers for the specific sweeping operations conducted by the fleet operator. If the District approves a Technical Infeasibility Certification for an individual sweeper purchase, the fleet operator must purchase a Rule 1186-certifed sweeper powered by ultra-low sulfur diesel with all exhaust vented through a CARB-approved control device(s).
PR1186.1 is applicable to sweepers with a gross vehicle weight of 14,000 pounds and heavier. The proposed rule exempts sweepers operated by manufacturer or dealer representatives that are used exclusively for testing/evaluation purposes. Upon demonstration to the Executive Officer, fleet operators can be exempted from the alternative-fuel sweeper procurement process if the individual sweeper is solely dedicated to serving governmental agencies that are not subject to the rule. A summary of the PR1186.1 requirements is in Attachment A.
Public Process
In November 1999, staff originally proposed an umbrella on-road motor vehicle fleet rule (PR 1190) and a preliminary draft staff report was prepared and released in December 1999. Two public workshops were conducted (December 21, 1999 and January 12, 2000) with a combined attendance of over 700 members from the public. The most significant comments concerned: costs associated with alternative-fueled vehicle purchases and maintenance, development of alternate-fueling infrastructure, availability of alternative-fueled engines/chassis specifications, and a request for additional time for greater public review and input.
In response to these comments, staff separated the original PR 1190 into several rule development efforts so that rule requirements could be crafted to respond to implementation issues associated with each specific fleet type (i.e., light- and medium-duty vehicles, transit vehicles and urban buses, refuse collection vehicles, school buses, street sweepers, heavy-duty vehicles, and airport ground access). In addition, the rule development schedule was extended to allow more time for the public to review and comment on each of the rule proposals. A summary of PR1186.1 rule development, as part of the overall clean fleet rule development, is in Attachment B.
Draft rule language for PR1186.1 was released on April 11, 2000 to the PR1186.1 Working Group, which is comprised of representatives from local jurisdictions, state agencies, street sweeper manufacturers/distributors, private sweeping contractors, and alternative-fuel providers. (Key contacts, including PR1186.1 Working Group members, are listed in Appendix C.) Based on public comment, several more versions of PR1186.1 were distributed at subsequent PR1186.1 Working Group meetings held at the AQMD headquarters. In total, four PR1186.1 Working Group meetings were held on March 7th, April 11th, May 9th, and July 18th of 2000. Additionally, a formal public workshop was conducted on May 24, 2000 to solicit further public comments. A preliminary draft staff report, including preliminary draft rule language, was released at the May 24, 2000 public workshop. It was subsequently revised based on public and Working Group comments, as well as additional technical and cost information. The draft staff report, with revised draft rule language, was available on July 13, 2000 and distributed to the PR1186.1 Working Group at its July 18, 2000 meeting.
Policy Issues
AQMD staff received a number of comments relative to the development of the public fleet rules. Major comments on PR1186.1 were relative to the availability of alternative-fuel sweepers to meet specific sweeping applications, fuel availability, and the costs associated with alternative-fuel sweeper purchases, maintenance, and operations. Sweeper manufacturers also provided comments on the lack of alternative-fuel engines in the ~100 horsepower range (used as auxiliary engines to power many sweepers’ material collection systems) and the costs associated with developing a new product line for a relatively small market.
Through the PR1186.1 Working Group process and by direct communication with street sweeper manufacturers, AQMD staff continues to work with all affected parties to implement PR1186.1 in a feasible and cost-effective manner. To facilitate this effort and to be consistent with other AQMD Clean Fleet rules, language is included in the Governing Board adoption resolution directing staff to continue and expand the Rule 1186.1 Working Group, as a technical advisory implementation group to ensure continued staff coordination of the PR1186.1 program.
Consistent with the Board resolutions from Rules 1192 and 1193, the PR1186.1 Board resolution will also provide for expeditious amendments to Rule 1186.1 if a conventionally-fueled sweeper is CARB-certified to meet emission levels that achieve at least a 54 percent reduction in nitrogen oxides, a 71 percent reduction in PM exhaust emissions and that achieve a reduction in toxic risk equivalent to alternative-fuel sweepers.
Taken together, the PR1186.1 Governing Board resolution (Attachment D) and PR1186.1 rule language (Attachment E), have been crafted to address the policy issues described above. The PR1186.1 Final Staff Report (Attachment F) describes all aspects of PR1186.1 rule development.
Emission Reductions
According to a recent survey, PR1186.1 would affect approximately 700 sweepers in the current public and private fleets today. Based on this inventory and a ten-year equipment life, the PR1186.1 emission reductions estimate at complete fleet turnover is 109.8 tons per year for oxides of nitrogen and 10.7 tons per year for PM. In addition, the reduction in diesel PM emissions would result in a reduction in air toxic emissions. Finally, PR1186.1 would promote technology advancement that would likely result in emission reductions beyond those indicated above.
California Environmental Quality Act (CEQA)
In accordance with the California Environmental Quality Act (CEQA), the AQMD, as the Lead Agency, has reviewed the proposed fleet vehicle rules and related rule amendments, which includes PR1186.1. Pursuant to state CEQA Guidelines §§15252 and 15168, the AQMD prepared a Draft Program Environmental Assessment (PEA) for the proposed project which was released on March 10, 2000 for a 45-day public review and comment period. The Draft PEA analyzed potential adverse environmental impacts that are comprised primarily of cross-media impacts, including air quality, water resources, transportation, energy, hazards, public services and solid/hazardous waste, from refinery modifications to produce low sulfur fuel and construction of alternative fuel refueling stations. The analysis concluded that short-term construction-related air quality impacts were significant. Significant adverse construction air quality impacts were related primarily to refinery modifications to implement the proposed amendments to Rule 431.2. All comments received on the Draft PEA were addressed and incorporated into the Final PEA for the proposed fleet vehicle rules including PR1186.1.
The Final PEA for the proposed fleet vehicle rules and related amendments was certified by the Board at the June 16, 2000 Public Hearing. CEQA Guidelines §15168(c) states, "Subsequent activities in the program must be examined in the light of the program [EA] to determine whether an additional environmental document must be prepared." CEQA Guidelines §15168(c)(2) states further, "If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program [EA], and no new environmental document would be required." The Final PEA analyzes potential adverse environmental effects of the overall fleet vehicle rule program as specifically and comprehensively as possible, given the level of detail of the program. The environmental analysis in the Final PEA provides sufficient detail of the potential adverse environmental impacts generated by the proposed fleet vehicle rule program in general. Further, the environmental effects of implementing PR1186.1 are considered to be within the scope of the Final PEA. No new significant information is presented; therefore, no further environmental documentation is required (CEQA Guidelines §15168(c)(5)).
Due to the bulk of this document (Attachment G), it has been initially provided to the Board and parties providing written comments on the Draft PEA. Members of the public may receive copies upon request from the Public Information Center at no charge.
Socioeconomic Assessment
AQMD staff has also prepared a socioeconomic assessment for PR1186.1, as part of the overall economic assessment of the clean fleet rules, entitled " Economic Assessment, Assumptions, Funding Sources, and Socioeconomic Report for the Proposed Rule 1190 Series – Clean On-Road Vehicles." The final Program Economic Assessment (dated June 8, 2000) envisioned that much, if not all, of the capital cost differential associated with the purchase of alternative-fuel sweepers can be covered by the Clean Fuel Partnership funds and AB2766 and Mobile Source Emission Reductions Review Committee (MSRC) funds. (Other funding programs are also available to sweeper fleet operators.) Comments were raised, however, that there would be additional operational and maintenance costs associated with alternative-fuel sweepers when compared to conventionally fueled vehicles. The economic assessment was conducted for funding scenarios: no funding, best-case funding, worst-case funding, and most-likely funding. Under the most-likely and best-case funding scenarios, costs for implementing PR1186.1 that exceeded available funding levels were significantly reduced or eliminated. This cost-effectiveness analysis includes capital and operational costs.
Subsequent to the preparation of the final Economic Assessment for the clean fleet rules, a focused cost-effectiveness assessment for PR1186.1 was prepared. This analysis, based on further staff research and public comment, included refinements to the emission reduction estimates for dual-engine sweepers, sweeper fuel usage, annual vehicle miles traveled, and the incremental purchase price differential. Under the revised analysis, the PR1186.1 cost-effectiveness is estimated at approximately $20,000 per ton of criteria pollutants, with an annualized cost of $1.7 million. Despite modifications made to the cost assumptions, the revised cost of PR1186.1 is not significantly different than that described in the final Program Economic Assessment. As such, the conclusions in that assessment are not affected by this revised cost analysis.
Due to the bulk of this document (Attachment H), it has been initially provided to the Governing Board and parties providing written comments on the draft document. Members of the public may receive copies upon request from the Public Information Center at no charge.
Resource Impacts
Beginning July 1, 2002, PR1186.1 would require public and private fleet operators to purchase alternative-fuel sweepers or otherwise less-polluting sweepers when adding or replacing sweepers to their fleets. It is envisioned that operators will specify in their procurement process the purchase of alternative-fuel sweepers. Staff believes that there will be minimal resource impacts on the AQMD since fleet operators keep records of their purchases and procurement information. AQMD staff time will be required to process any Technical Infeasibility Certification requests submitted prior to June 30, 2005; however, the extent of such requests is unknown at this time. AQMD will be collecting filing and evaluation fees to offset the costs for processing such requests, pursuant to Rule 306. There will be small administrative costs associated with random inspection of fleet operators for rule implementation and enforcement purposes and the tracking of the penetration of alternative-fuel sweepers into the market.
Attachments
A. Summary of PR1186.1
B. Rule Development Process
C. Key Contacts
D. Resolution
E. Proposed Rule 1186.1 Language
F. PR1186.1 Final Staff Report
G. Final Program Environmental Assessment
H. Final Program Economic Assessment, including the Socioeconomic Assessment
/ / /