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1ka AIR RESOURCES BOARD PROPOSES REGULATION FOR RETROFIT OF DIESEL GARBAGE TRUCKS In mid -June, the Air Resources Board (ARB) issued draft regulations to require public and private diesel garbage truck fleets to be retrofitted to reduce particulate air emissions. This is part of an ongoing effort by the ARB to address the prob- lem of air pollution from diesel trucks. The ARB is taking a fleet by specific fleet approach to this task. Most recently, the ARB completed adoption of regulations that covered transit fleet buses. The proposed ARB rule would apply to both garbage trucks that are owned and operated by public agencies (i.e., the city provides the garbage collection service itself), and to those fleets that are owned and operated by private waste haulers who operate in the jurisdiction by exclusive or non- exclusive franchise, permit or contact. Retrofit would be phased in over several years. In its current form, the proposed rule is highly objection- able to local governments, since it requires the local agency to serve as the enforcement and inspection agency for the ARB. It would require the local agency that regulates the rates of a waste hauler to do all of the following: Report to the ARB the names, addresses and detailed garbage truck fleet information of all of its contractors that serve the municipality; • Report to the ARB a description of the total cost and funding source to be used to bring the contractors into compliance; Submit an annual report to the ARB that includes a signed statement by the contractor that it is in compliance with the ARB rule, a signed statement by the municipality stating that the signed statements by the contractors have been received, and information about contractors that are not in compliance. A violation by the municipality would subject it to civil penalties. Interestingly, the waste industry also is strongly opposed to the part of the proposed rule that covers fleets that are rate regulated. They are concerned that in communities in which they oper- ate under a rate regulated system (i.e., an exclu- sive franchise), they are required to comply with the retrofit, but have no assurance that they will receive any rate increase to cover their cost of compliance. League staff has discussed the proposed regulation with a representative of the waste industry and a staff at Cal EPA. Both the League and waste industry representative explained our individual objections and intention to strongly object to the proposal. At its recent meeting, the League's Environmental Quality policy committee discussed the proposed rule, as well as elements of a possible alternative approach. Based upon that discussion, the League, CSAC and the Regional Council of Rural Counties will communicate to the ARB to object to the regulations as originally proposed and suggest the following proposal. • Object strenuously to the regulations as originally proposed • Clarify that the following only applies to waste hauling fleets that operate under rate regula- tion in a community. • Waste hauler fleets would develop a retrofit implementation plan, including identification of Best Available Control Technology and cost, and submit the plan to the ARB for review. • ARB would approve or certify the implemen- tation plan. • The waste hauler could submit the ARB approved /certified plan to the jurisdiction with franchise authority as a cost of compliance part of its business plan. This approach is attractive because it removes the local agency from any enforcement role, which should be the responsibility of the ARB. It does not abrogate any contracts or franchises, and retains the usual rate review relationship between the hauler and local government. Cities that contract with waste haulers for solid waste services and regulate the rates should consider writing the ARB to oppose the proposed regulations and instead support the above alternative approach. Written comments must be received by the ARB no later than 12:00 noon, July 23, 2003. They should be addressed as follows: Air Resources Board, 1001 "I" Street, 23rd Floor, Sacramento, CA 95814. Visit the League's Official Web Site -- www.cacities.org PRIORITY FOCUS /PAGE 5