BOARD MEETING DATE: June 4, 2004
AGENDA NO. 42

Amend Rule 1186.1 – Less-Polluting Sweepers
Amend Rule 1196 – Clean On-Road Heavy-Duty Public Fleet Vehicles

SYNOPSIS:

Proposed amendments to Rules 1186.1 and 1196 will extend sunset dates to allow the acquisition of non-rule compliant vehicles where an approved Technical Infeasibility Certification has been issued based on the unavailability of an alternative-fuel refueling station within five miles of the vehicle storage or maintenance yards. The proposed amendments are in response to near-term public fleet heavy-duty vehicle acquisitions that are located in service areas where alternative fuel refueling stations do not yet exist. The proposed amendment for Rule 1186.1 would also allow approved Technical Infeasibility Certifications to be issued where alternative-fuel sweeper models do not exist for specific applications.

COMMITTEE:

Mobile Source, May 28, 2004, Reviewed

RECOMMENDED ACTION:

Adopt the attached resolution:

1. Certifying the Addendum to the June 2000 Program Environmental Assessment for Fleet Vehicle Rules completed in compliance with CEQA (California Public Resources Code Section 21000 et. seq.); and
2. Amending Rule 1186.1 – Less-Polluting Sweepers
3. Amending Rule 1196 – Clean On-Road Heavy-Duty Public Fleet Vehicles

Barry R. Wallerstein, D.Env.
Executive Officer

Background

In an effort to reduce mobile source emissions from certain public and private sector fleet vehicles, the Governing Board adopted Rule 1186.1 – Less-Polluting Sweepers and Rule 1196 – Clean On-Road Heavy-Duty Public Vehicles on August 18, 2000 and October 20, 2000, respectively. These fleet rules reduce mobile source emissions by accelerating the implementation of currently available cleaner-burning or alternative-fuel vehicle technology. Rule 1186.1 affects public fleets with 15 or more on-road vehicles and private fleets that provide street sweeping services to affected public agencies, and Rule 1196 affects public fleets with 15 or more heavy-duty vehicles. Beginning July 1, 2002, both rules require affected fleet operators to purchase alternative-fuel vehicles when adding or replacing vehicles to their existing fleets. For Rule 1196, fleet operators may also purchase gasoline-powered vehicles or dual-fuel vehicles as well.

Rules 1186.1 and Rule 1196 include provisions that allow the purchase of diesel-powered vehicles if certain requirements are met by the fleet operator. In general, the affected fleet operator must submit a Technical Infeasibility Certification Request (TICR) with appropriate documentation for AQMD evaluation in order to determine if these requirements have been met. On or before June 30, 2004, a Rule 1186.1 fleet operator may obtain TICR approval if a demonstration is made that: (1) no alternative-fuel engine and chassis configuration is commercially available for sweeping operations conducted by the fleet operator, or (2) a fueling station for alternative-fuel sweepers is not available within five miles of the fleet operator’s vehicle storage or maintenance yards. Rule 1196 contains similar provisions, with a sunset date of June 30, 2004 applying to the approval of a TICR, if a demonstration is made that no alternative-fuel refueling station for alternative-fueled or dual-fuel heavy-duty vehicles is available within five miles of the vehicle storage or maintenance yards.

Proposal

A limited number of Rule 1186.1 and 1196 TICR approvals have been issued for lack of refueling infrastructure authorizing the purchase of one or two diesel powered vehicles per TICR, mostly in the rural areas of Riverside and San Bernardino Counties. If these approvals had not been issued, staff believes that the affected fleet would have most likely postponed the vehicle purchase or would been forced to install a relatively expensive fast-fill station to properly accommodate the fueling requirements of rule compliant alternative-fuel vehicles. In recognition of this implementation issue as well as the current lack of alternative-fuel refueling stations in limited areas in the District, staff is proposing to extend the sunset dates associated with Rule 1186.1 and 1196 TICR provisions affecting alternative-fuel refueling station availability by one year. A one year extension is being proposed so that momentum is maintained for affected fleet operators, fuel suppliers and the AQMD to cooperatively work together in the near term to further expand the alternative-fuel refueling infrastructure within the District.

As mentioned earlier, the proposed extension date for Rule 1186.1 would allow TICR approvals for the purchase of diesel-powered street-sweepers in applications where no alternative-fuel model exists. Based on input from street-sweeper manufacturers, there are two specialized applications (sweeping of certain parking lots and airport runways) where alternative-fuel street-sweeper product offerings are not currently available. Given this situation, staff is recommending to continue allowing Rule 1186.1 TICR approvals for street-sweeping applications where no alternative-fuel engine chassis configurations are available.

Public Process

A public workshop was held on April 21, 2004. Representatives of public and private fleet operators, equipment vendors, and a fuel supplier attended the workshop. Nearly all meeting participants providing comments at the workshop supported the proposed rule amendments to extend the sunset dates by one year for both Rule 1186.1 and 1196. In addition, although not part of staff’s proposed rule amendments, utility service fleets proposed an additional amendment for Rule 1196 that would provide an exemption for utility vehicles that are used in emergency situations such as earthquakes, fires, and civil disorders. Staff indicated that they believe the current rule provisions do address this situation. Regardless, staff is evaluating this situation on a case-by-case basis. Staff will propose rule amendments if it is deemed appropriate.

Emission Reductions

At this time staff estimates that PAR 1186.1 and PAR 1196 would not have a significant impact on the air quality benefits of the rules as estimated in the August 2000 and October 2000 staff reports for these two rules, respectively. This is because only a limited number of Rule 1186.1 and Rule 1196 TICR approvals have been issued for lack of alternative-fuel refueling infrastructure since their adoption, and it is anticipated that this trend will not change for the one year time period associated with the proposed sunset date extensions. To date, three Rule 1186.1 TICRs for a total of three street sweepers have been approved by AQMD based on the lack of alternative-fuel refueling stations within five miles of the vehicle’s storage and maintenance yards. For Rule 1196, twenty-one TICRs have been submitted to-date, and nine TICRs have been approved to-date for lack of alternative-fuel refueling stations, incorporating thirteen vehicles, two TICRs incorporating three vehicles have been disapproved, and ten TICRs covering sixteen vehicles are pending.

California Environmental Quality Act (CEQA)

Pursuant to the California Environmental Quality Act (CEQA) Guidelines §15164, the SCAQMD has prepared an Addendum to the June 2000 Final Program Environmental Assessment (PEA) for the Fleet Vehicle Rules and Related Rule Amendment, to address the proposed extension of the sunset date for a compliance provision in Rules 1186.1 and 1196. The Addendum to the Final PEA concluded that the extension of the provision would not create any new significant adverse impacts or make substantially worse any existing significant adverse impacts generated by the original project. The proposed modification will not change the environmental analysis or conclusions in the previously certified Final PEA. Pursuant to CEQA Guidelines §15164 (c), an addendum need not be circulated for public review. The previously released CEQA document can be obtained from the SCAQMD’s Public Information Center by calling (909) 396-2309.

Socioeconomic Assessment

The proposed amendments would extend the sunset dates on the availability of TICR approvals for lack of alternative fuel refueling stations for Rules 1186.1 and 1196, and the lack of rule compliant models for Rule 1186.1. Such relief would result in a reduction in cost burden, thus minimizing adverse socioeconomic impacts, if any, on the fleet operators.

Recommendation

Staff recommends that the proposed amendments to Rule 1186.1 and 1196 be adopted. The proposed rule amendments will provide appropriate regulatory relief to affected Rules 1186.1 and Rule 1196 fleets where alternative-fuel refueling facilities are not sufficiently close to fleet storage and maintenance yards, and Rule 1186.1 fleets where an appropriate alternative-fuel street sweeper model is unavailable.

Attachments

1. Summary of PAR 1186.1 and PAR 1196 Proposals
2. Rule Development Process
3. Resolution
4. Proposed Amendments to Rule 1186.1
5. Proposed Amendments to Rule 1196
6. Draft Staff Report on PAR 1186.1 and Rule 1196
7. Addendum to the June 2000 Final Program Environmental Assessment for the Fleet Vehicle Rules and Related Rule Amendments

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