BOARD MEETING DATE: June 6, 2008
AGENDA NO. 42

RECOMMENDED ACTIONS:

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.);
2. Amending Rule 1186.1 – Less-Polluting Sweepers; and
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 public and certain private sector fleet vehicles, the 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.

Rule 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, 2008, 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, 2008 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. The above mentioned sunset dates were the result of two-year extensions to sunset dates approved by the Board on May 5, 2006. There remains a need to provide affected fleet operators the ability to request exemptions if necessary.

Proposal

A limited number of Rule 1186.1 and 1196 TICR approvals have been issued for lack of refueling infrastructure, mostly in remote 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 purchases and continue to operate their older, existing diesel vehicles. In recognition of this implementation issue as well as the current lack of alternative-fuel refueling stations in certain 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 two years. A two-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.

Finally, staff is proposing administrative amendments to Rule 1186.1 subparagraphs (d)(1)(B)(iv) and (d)(2)(B)(ii) to delete the following text: “without invoking the exemption provision in Rule 1186 paragraph (i)(3)”, which references Rule 1186 paragraph (1)(3). This paragraph no longer exists in Rule 1186.

Public Process

A public workshop was held on March 19, 2008. Nineteen representatives from public and private fleet operators and fuel providers attended the workshop. Questions focused on AQMD funding availability to help subsidize the construction of alternative-fuel refueling infrastructure and purchase of compliant vehicle models.

Emission Reductions

At this time staff estimates that Proposed Amended Rule (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 two-year time period associated with the proposed sunset date extensions. To date, six Rule 1186.1 TICRs for a total of six street sweepers have been approved based on the lack of alternative-fuel refueling stations within five miles of the vehicle’s storage and maintenance yards. For Rule 1196, 48 TICRs have been submitted by entities and approved to-date for lack of alternative-fuel refueling stations, related to 64 vehicle purchases.

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 (EA) 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 EA 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 EA. Pursuant to CEQA Guidelines §15164 (c), an addendum need not be circulated for public review. For completeness, the Addendum to the Final EA is provided in Attachment G to the Board package. The previously released CEQA document can be obtained from the SCAQMD’s Public Information Center by calling (909) 396-2039.

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. The rule amendments will not have a significant effect on air quality or emissions limitations, and no socioeconomic assessment is required.

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 Rule 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. In addition, the proposed administrative amendment to Rule 1186.1 will delete references to a paragraph in Rule 1186 that no longer exists.

Attachments (exe 303KB)

A. Summary of PAR 1186.1 and PAR 1196 Proposals
B. Rule Development Process
C. Resolution
D. Proposed Amendments to Rule 1186.1
E. Proposed Amendments to Rule 1196
F. Draft Staff Report on PAR 1186.1 and PAR 1196
G. Addendum to the June 2000 Final Program Environmental Assessment for the Fleet Vehicle Rules and Related Rule Amendments