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 BOARD MEETING

 STATE OF CALIFORNIA

 AIR RESOURCES BOARD

 JOE SERNA, JR. BUILDING

 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

 CENTRAL VALLEY AUDITORIUM, SECOND FLOOR

 1001 I STREET

 SACRAMENTO, CALIFORNIA

 THURSDAY, OCTOBER 20, 2005

 9:07 A.M.

 TIFFANY C. KRAFT, CSR, RPR

 CERTIFIED SHORTHAND REPORTER

 LICENSE NUMBER 12277

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 ii

 APPEARANCES

 BOARD MEMBERS

 Mrs. Barbara Riordan, Acting Chairperson

 Ms. Sandra Berg

 Ms. Dorene D'Adamo

 Supervisor Mark DeSaulnier

 Mr. Henry Gong, Jr., M.D.

 Ms. Lydia H. Kennard

 Mr. Ronald O. Loveridge

 Supervisor Barbara Patrick

 Supervisor Ron Roberts

 STAFF

 Mr. Tom Cackette, Chief Deputy Executive Officer

 Mr. Tom Jennings, Acting General Counsel

 Mr. Michael Scheible, Deputy Executive Officer

 Ms. Kathleen Tschogl, Ombudsman

 Ms. Catherine Witherspoon, Executive Officer

 Ms. Lori Andreoni, Board Secretary

 Mr. Robert D. Barham, Ph.D., Assistant Chief, SSD

 Ms. Barbara Fry, Chief, Measures Assessment Branch, SSD

 Mr. Jose Gomez, Manager, Technical Development Section,

 SSD

 Ms. Annette Hebert, Chief, Heavy-Duty Diesel In-Use

 Strategies Branch, MSCD

 Mr. Stephan Lemieux, Manager, On-Road Heavy-Duty Diesel

 Section

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 APPEARANCES CONTINUED

 STAFF

 Ms. Kathleen Mead, Manager, Retrofit Implementation

 Section, MSCD

 Mr. Rob Oglesby, Legislative Director, Office of

 Legislative Affairs

 ALSO PRESENT

 Mr. Don Anair, Union of Concerned Scientists

 Ms. Diane Bailey, NRDC

 Mr. Todd Campbell, Coalition for Clean Air

 Mr. Arthur Douwes, VTA

 Mr. Richard Evans, Inter-Industry Conference on Auto

 Collision Repair

 Mr. David Everhart, IdleAire

 Mr. John Fehrenbach, Winston & Strawn, LLP

 Mr. Randal Friedman, US Department of Defense

 Ms. Dawn Friest, EMA

 Mr. Joshua Goldman, ISE Corp. Transportation for a Clean

 Plan

 Mr. Rex Greer, Pony Pack, Inc.

 Mr. David Grose, Sacramento Metropolitan AQMD

 Mr. Warner Harris, Coval H2 Partners, LLC

 Mr. Chuck Harvey, Chief Operating Officer for the San

 Mateo Transit District

 Ms. Staci Heaton, CTA

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 Mr. Steve Heminger, MTC

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 APPEARANCES CONTINUED

 ALSO PRESENT

 Ms. Bonnie Holmes-Gen

 Ms. Rebecca Kaplan, External Affairs Committee, AC Transit

 Board of Directors

 Ms. Mary King, AC Transit

 Mr. Mike Koss, NPCA

 Ms. Jeanne Krieg, Tri Delta Transit

 Mr. Rolf Lichtner, Webasto Product North American

 Mr. Wayne Lorentzen, California National Guard

 Mr. John Maga

 Mr. Bill Magavern, Sierra Club of California

 Mr. Bruce Magnani, California Chamber of Commerce

 Mr. Marty Mellera, SF Muni

 Mr. David Modisette, California Electric Transportation

 Association

 Mr. George Patterson, DuPont/NPCA

 Ms. Karen Pierce, Ditching the Dirty Diesel Collaborative

 Dr. Daniel Pourreau, Lyondell Chemical

 Ms. Jean Roggenkamp, Bay Area AQMD

 Mr. Peter Rooney, Pony Pack

 Ms. Andrea Samulon, Pacific Institute

 Mr. Will Schaefer, TMA

 Mr. Kenneth Scheidig, AC Transit

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 Mr. Carl Sedoryk, MST

 Mr. Jim Sell, National Paint & Coating Association

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 APPEARANCES CONTINUED

 ALSO PRESENT

 Mr. Joshua Shaw, CTA

 Mr. Bob Simmons

 Mr. Peter Spaulding, California Association for

 Coordinated Transportation

 Mr. Joe Sparano, WSPA

 Mr. Mike Tunnell, ATA

 Ms. Vallerie Turella, representing Assembly Majority

 Leader Dario Fromer

 Mr. Jason Vega, CCEEB

 Mr. Mike Veney, Sherwin-Williams/NPCA

 Mr. Gene Walker, Golden Gate Transit/CTA

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 vii

 INDEX CONTINUED

 PAGE

 Item 05-10-3

 Acting Chairperson Riordan 173

 Executive Officer Witherspoon 174

 Staff Presentation 174

 Ombudsman Tschogl 198

 Q&A 201

 Ms. Friest 203

 Mr. Schaefer 206

 Mr. Tunnell 208

 Ms. Heaton 215

 Mr. Friedman 219

 Mr. Vega 221

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 Mr. Lichtner 221

 Mr. Everhart 225

 Mr. Fehrenbach 226

 Mr. Modisette 227

 Mr. Harris 234

 Mr. Greer 236

 Mr. Rooney 238

 Ms. Samulon 246

 Ms. Bailey 247

 Ms. Pierce 249

 Ms. Holmes-Gen 251

 Mr. Anair 253

 Mr. Lorentzen 256

 Mr. Magavern 256

 Ex Parte 258

 Motion 260

 Vote 261

 

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20 I'm take a moment while we change staff, and

21 we're going to move on with our next item.

22 This is Agenda Item 05-10-3, on Proposed

23 Requirements to Reduce Idling Emissions from New and

24 Existing Diesel Trucks.

25 Last July, the Board approved a five-minute

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 1 idling limit for diesel trucks and buses. Previously, in

 2 2002, the Board adopted a rule to limit idling at and near

 3 schools. However, we asked the staff to do some

 4 additional work on trucks equipped with sleeper cabs,

 5 because the issue is a little more complicated. The staff

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 6 has now finished that work and has brought us a proposal

 7 for a regulation to address sleeper cabs.

 8 And Ms. Witherspoon, would you like to introduce

 9 this item, please?

10 EXECUTIVE OFFICER WITHERSPOON: Yes. And thank

11 you, Madam Chairman.

12 ARB's five-minute idling rule became effective

13 February 1st, and we have been working with local

14 districts and other agencies since then to educate

15 affected owners and operators about the rule and enforce

16 the five-minute limit. However, the current rule does not

17 apply to sleeper cabs, even though those trucks are the

18 largest contributors to statewide idling emissions -- I

19 should say those operations. During the 2004 hearing, we

20 expressed our intent to come back to the Board with a

21 comprehensive proposal to address this source. And

22 Stephan Lemieux from the Mobile Source Control Division

23 will now make staff's presentation.

24 (Thereupon an overhead presentation was

25 presented as follows.)

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 1 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 2 LEMIEUX: Good afternoon, Madam Chair and members of the

 3 Board. Today's presentation will summarize --

 4 --o0o--

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 5 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 6 LEMIEUX: -- staff's proposal to reduce idling emissions

 7 from new and in-use diesel trucks beginning in 2008. In

 8 particular, the proposal primarily focuses on emissions

 9 from extended idling on trucks equipped with sleeper cabs.

10 --o0o--

11 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

12 LEMIEUX: Today's presentation will first provide

13 background information related to the proposal. This will

14 be followed by a discussion on the regulatory requirements

15 of the proposal, the impacts this regulation will have on

16 owners and operators of diesel trucks, the benefits

17 associated with this proposal, and the issues brought by

18 stakeholders. I will conclude with a summary and staff's

19 recommendation.

20 --o0o--

21 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

22 LEMIEUX: Truck operators idle truck engines for various

23 reasons. Some idle the truck engine to perform work or to

24 operate auxiliary equipment known as power take-off

25 devices, or PTOs. Examples of trucks with power take-off

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 1 equipment include concrete mixers, fire trucks, trash

 2 trucks, mobile cranes, and vehicles with conveyors or

 3 other loading and unloading devices.

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 4 Idling of the engine is also commonly used to

 5 provide cooling or heating for the cab of the sleeper

 6 berth while the truck operator waits to load and unload

 7 freight or during extended rest periods. Truck idling can

 8 be used to provide electrical power to operate on-board

 9 accessories, such as televisions, microwaves, and

10 computers. It is also a common practice to idle the main

11 engine to keep the engine warm in cold weather.

12 Idling the truck's large diesel engine is an

13 inefficient way to generate power for climate control and

14 running accessories or to keep the engine warm. Staff

15 proposal focuses on reducing this type of engine idling

16 since it can be substituted using more efficient and less

17 polluting means.

18 --o0o--

19 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

20 LEMIEUX: In 2010, total statewide idling emissions from

21 both in-state and out-of-state trucks are estimated to be

22 approximately 53 tons per day of oxides of nitrogen; 4.6

23 tons per day of hydrocarbons; and 7/10s of a ton a day of

24 particulate matter. In addition to producing smog-forming

25 emissions, idling trucks also produce greenhouse gas

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 1 emissions such as carbon dioxide. It is estimated that in

 2 2010 sleeper trucks will emit approximately 1.1 mega tons

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 3 of greenhouse gas emissions per year statewide. Idling

 4 trucks typically consume approximately one gallon per hour

 5 of diesel fuel. This translated into approximately 2100

 6 gallons per year of a truck that idles an average of

 7 six hours per day representing a significant cost for idle

 8 operation. Also, idling an engine increases the cost of

 9 maintenance.

10 --o0o--

11 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

12 LEMIEUX: To fulfill in part the requirements in the

13 Diesel Risk Reduction Plan and the State Implementation

14 Plan, or SIP, the Board in December of 2002 adopted the

15 school bus idling air toxic control measure, or ATCM.

16 This regulation limits idling of school buses, commercial

17 buses, and trucks at or near schools. Subsequently, in

18 July of 2004, the Board adopted a diesel truck idling ATCM

19 that limits unnecessary idling of diesel trucks and

20 commercial buses to no more than five minutes.

21 However, this rule as it exists now exempts

22 sleeper trucks. At the time the rule was adopted, the

23 Board deferred consideration of sleeper trucks and

24 directed staff to come back with a comprehensive proposal

25 that considers idling emission requirements for new diesel

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 1 engines and emission performance requirements for

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 2 technologies used as alternatives to truck engine idling.

 3 Staff's current proposal addresses these issues.

 4 --o0o--

 5 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 6 LEMIEUX: Staff's proposal consists of two major

 7 components: In-use requirements, and new diesel engine

 8 requirements. The proposed in-use requirements amends the

 9 current commercial vehicle idling requirement to include

10 sleeper trucks which would require all diesel trucks

11 statewide to shut down the main engine within five

12 minutes.

13 The proposed new diesel engine requirements would

14 reduce idling emissions from new engines and vehicles.

15 Specifically, staff's proposal would require manufacturers

16 to equip new diesel engines with an automatic engine shut

17 down system that shuts down the engine after five minutes

18 of idling. Or as an alternative to the engine shut down

19 system, certifies engines to a low NOx idling emission

20 standard.

21 The proposed regulation also addresses emission

22 performance of technologies used as an alternative to

23 truck engine idling. Specifically, emission performance

24 requirements are proposed to ensure that emissions from

25 operating these technologies do not exceed those from an

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 1 idling diesel truck. Staff proposed in-use and new diesel

 2 engine requirements will take effect beginning in 2008.

 3 --o0o--

 4 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 5 LEMIEUX: The proposed new diesel engine requirements

 6 apply to California certified diesel-fueled engines

 7 installed on trucks with a gross vehicle weight rating

 8 greater than 14,000 pounds. These requirements would

 9 begin starting in the 2008 model year. These engines are

10 typically used in a variety of vehicles, such as inner

11 city delivery trucks, utility trucks, trash trucks, bulk

12 hauling trucks, tankers, construction trucks, in-line haul

13 trucks. The new diesel engine requirements do not apply

14 to motor homes and buses.

15 --o0o--

16 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

17 LEMIEUX: As previously mentioned, the proposed new engine

18 requirements would require engine manufacturers to equip

19 new California certified 2008 and subsequent model diesel

20 engines with an engine shut down system that automatically

21 shuts down the engine after five minutes of continuous

22 idling. The shut down system must be non-adjustable and

23 tamper resistant. Similar systems currently exist as a

24 programmable standard feature in modern electronically

25 controlled diesel engines.

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 1 As an alternative to the engine shut down system,

 2 a manufacturer may elect to control engine emissions

 3 during extended idling by certifying engines to a low NOx

 4 emission standard of 30 grams per hour. Engine

 5 manufacturers could likely meet this standard in 2010 and

 6 later years when NOx after-treatment devices will be used

 7 to meet the stringent 2010 NOx emission standards.

 8 --o0o--

 9 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

10 LEMIEUX: Staff's proposal would require the engine shut

11 down system to automatically activate when the vehicle

12 stops, the transmission is set in the neutral or park

13 position, and the parking brake is engaged. The engine

14 would then shut down after five minutes of continuous

15 idling.

16 The proposal also includes provisions that would

17 enable the driver to manually reset the engine shut down

18 timer before engine shut down and override the engine shut

19 down system when the engine is operating a power take-off

20 device. The system can also be overridden to warm up the

21 engine during engine start-up under cold ambient

22 conditions.

23 --o0o--

24 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

25 LEMIEUX: With an automatic engine shut down system,

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 1 compliance with the proposed idling regulation will be

 2 assured. This is because without such a system,

 3 compliance would depend on the assistance of the operator

 4 and an effective enforcement program. The automatic shut

 5 down system not only ensures compliance with sleeper

 6 trucks, but non-sleepers as well, especially since

 7 non-sleepers typically can idle at essentially any

 8 location throughout the state, making it difficult to

 9 effectively enforce the idle restriction.

10 Since the engine shuts down after five minutes of

11 idling, this would encourage operators of sleeper trucks

12 to use a cleaner alternative technology to provide cab

13 comfort and power. As a result, the expected emission

14 reductions from staff's proposal can be achieved.

15 --o0o--

16 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

17 LEMIEUX: As an alternative to the automatic shut down

18 system, staff proposal also provides manufacturers the

19 option to certify engines to a low NOx idling emission

20 standard of 30 grams per hour. During the development of

21 the proposed regulation, some engine manufacturers request

22 that an option to certify engines to a new NOx idling

23 emission standard in lieu of an engine shut down system,

24 siting that NOx after-treatment devices may to some degree

25 reduce NOx emissions during extended idling operation.

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 1 This low idling emission option is proposed to accommodate

 2 the engine manufacturers' request.

 3 A truck equipped with a diesel engine certified

 4 to the low NOx idling standards would allow the operator

 5 to continue to idle the main engine for more than five

 6 minutes and not require the operator to install

 7 alternative cab comfort devices. Thus, the truck operator

 8 would not be effected in any way with this option.

 9 However, it is not yet clear whether the low NOx

10 idling engine is technically feasible. This is because

11 NOx after-treatment devices, such as NOx absorbers,

12 typically operate most efficiently when exhaust

13 temperatures are above 200 degrees Celsius, while exhaust

14 temperatures during extended idling reach no more than 150

15 degrees Celsius.

16 --o0o--

17 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

18 LEMIEUX: Having discussed the new engine requirements,

19 now we'll discuss the proposed amendments to the in-use

20 idling ATCM that will effect all sleeper trucks, including

21 those registered out of state.

22 The in-use idling restriction requirements has

23 two components: One that directly affects idling of

24 sleeper trucks; and the second that affects technologies

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25 used as alternatives to main engine idling. As discussed

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 1 earlier, the existing in-use idling ATCM allows sleeper

 2 trucks to idle continuously. Staff's proposal would

 3 sunset this proposal for sleeper trucks and require them

 4 to shut down their engines beginning in 2008. Thus, the

 5 operator of sleeper trucks would be required to manually

 6 shut off the main engine after five minutes of

 7 continuously idling.

 8 The existing in-use idling ATCM includes a number

 9 of exemptions where idling of the main engine for more

10 than five minutes is allowed. Listed are a few examples

11 of the exemptions such as idling in traffic or during

12 repairs or performing work.

13 Staff is also proposing emission performance

14 requirements for alternative cab comfort devices depending

15 on the standard the main engine was certified to. For

16 diesel engines certified to the more stringent 2007 and

17 subsequent heavy-duty diesel regulation, the alternative

18 technologies used will need to be as clean or cleaner than

19 the main engine operating at idle.

20 --o0o--

21 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

22 LEMIEUX: When the proposed idling restriction

23 requirements take effect in 2008, truck operators that

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24 want to rest in their trucks during layover hours in

25 California will need an alternative cab comfort device to

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 1 provide cab cooling or heating and power for on-board

 2 accessories during rest periods. Staff proposal allows

 3 the use of such alternative cab comfort devices.

 4 This slide will list some of the options that the

 5 operators can use to provide cab comfort and power.

 6 Traditionally, an auxiliary powered system, or APS, uses a

 7 small off-road diesel engine to provide heating, cooling,

 8 and electrical power. Battery powered APSs have very

 9 recently entered into the market and used batteries to

10 provide heating, cooling, and electric power.

11 Fuel-fired heaters is a small device that uses

12 diesel fuel from the truck's fuel tank to provide heat.

13 Thermal storage devices are also a recent introduction and

14 store cooling energy when the truck is being driven, which

15 is later discharged to cool the sleeper cab when the

16 vehicle is stopped and the driver is resting.

17 Other options include plug-in electrified parking

18 spaces to provide 110 volts to operate an

19 electrically-driven air conditioning system and on-board

20 accessories. Or an operator may choose to stay at a truck

21 stop that provides off-board power, heating, cooling, such

22 as provided by IdleAire technology. This technology works

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23 with any truck and does not require the installation of

24 additional devices.

25 --o0o--

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 1 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 2 LEMIEUX: As mentioned earlier, staff's proposal includes

 3 emission performance requirements for alternative

 4 technologies that produce emissions. Staff identified the

 5 diesel fueled APS as the most predominantly alternative

 6 technology used today. Based on whether the diesel APU is

 7 installed in a 2007 or newer truck or a 2008 and older

 8 truck, staff's proposal requires the following emission

 9 performance requirements.

10 If a diesel fueled APS is installed in a pre-2007

11 truck, the APS must meet current new diesel off-road

12 emission standards. NOx emissions from the APS are much

13 cleaner than idling the main engine, but particulate

14 matter and hydrocarbon emissions from APS would be

15 comparable to or lower than that of the truck's main

16 engine while idling. And, thus, no additional controls

17 would be necessary.

18 However, if the diesel fueled APS is installed in

19 a 2007 and newer truck, the APS must have its particulate

20 matter emissions controlled, because the main engine will

21 be equipped with a PM filter that will reduce PM emissions

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22 by 90 percent. In APS, PM emissions must be controlled by

23 either broadening the APS exhaust through the PM filter of

24 the truck engine or retrofitting the APS with the verified

25 Level 3 PM control device that must reduce engine-out PM

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 1 emissions by at least 85 percent. Without this

 2 requirement, diesel APS installed on 2007 and newer trucks

 3 will produce more particulate matter emissions than the

 4 idling truck engine. Note that this requirement is a

 5 major issue with the Engine Manufacturers Association, and

 6 it will be discussed later when we discuss issues raised

 7 by stakeholders.

 8 --o0o--

 9 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

10 LEMIEUX: Another alternative cab and engine heating

11 technology commonly used today is the diesel fuel-fired

12 heater. Staff's proposal also sets emission performance

13 requirements for these devices. Operators of pre-2007

14 trucks could install any commercially available fuel-fired

15 heater. However, fuel-fired heaters installed on 2007 and

16 newer trucks will be required to meet the fuel-fired

17 heater standards specified in the low emission vehicle

18 program for light-duty vehicles. Specifically, fuel-fired

19 heaters on 2007 and newer trucks must meet the ultra-low

20 emission vehicle, or ULEV, standards. Several

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21 manufacturers already currently produce fuel-fired heaters

22 that meet the ULEV standards.

23 --o0o--

24 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

25 LEMIEUX: Most electronically controlled engines today are

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 1 equipped with engine shut down devices which are

 2 software-based idle limit controls. However, the current

 3 engine shut down devices are programmed and usually not

 4 activated when the engine is sold. Setting the idle time

 5 is left to the truck operator, and they can easily be

 6 overridden to allow the engine to idle continuously.

 7 Therefore, staff expects engine manufacturers will comply

 8 with this request to a change in the programming and

 9 electronic engine software. As a result, staff expects

10 that engine manufacturers will not incur any significant

11 cost in developing the engine shut down technology to

12 comply with the proposed requirements.

13 However, since the proposed requirement is a

14 California-only requirement, it is projected to have a

15 minimal cost impact on engine manufacturers. Staff cost

16 estimate includes changes to the engine software and

17 additional administrative costs related to tracking those

18 engines destined for sale in California from those in the

19 other 49 states.

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20 These costs may be further reduced should engine

21 manufacturers elect to incorporate California's engine

22 shut down requirements and engines destined for sale in

23 other 49 states. Staff estimates a price increase of $100

24 per engine to cover the additional administrative costs

25 and minimal engine shut down reprogramming costs.

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 1 --o0o--

 2 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 3 LEMIEUX: Some engine manufacturers are currently

 4 developing fully integrated truck engine APS systems.

 5 Such systems are expected to significantly minimize a

 6 perceived APS drawback associated with the high initial

 7 cost and shorter maintenance intervals.

 8 The trucks' heating and air conditioning system

 9 are fully integrated with the APS system to provide a

10 reliable and low cost power supply. The APS engine

11 consumes less fuel and produces significantly less

12 emissions. However, unless controlled, particulate matter

13 emissions will be more than those from the truck engine if

14 the truck engine has a 2007 or newer model. Two of the

15 manufacturers developing such a system are Caterpillar and

16 Cummins.

17 --o0o--

18 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

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19 LEMIEUX: Traditional diesel fueled APSs are stand-alone

20 truck-mounted systems that provide climate control to the

21 cab, heat the engine for cold weather starting, electrical

22 power to charge the batteries and operate on-board

23 accessories. They were usually an aftermarket purchase.

24 A diesel-fueled APS typically uses fuel from the

25 truck's fuel system and consumes much less fuel than

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 1 idling the truck engine. It provides significant

 2 reduction in oxides of nitrogen, hydrocarbon, carbon

 3 monoxide, and greenhouse gas emissions. As discussed

 4 earlier, particulate matter emissions reductions depends

 5 on the model year of the truck engine on which the APS is

 6 mounted. Depending on the APS engine type and the

 7 capacity of the climate control system, the cost of the

 8 diesel fuel APSs including installation range between

 9 6,000 and $8500.

10 Because APS is installed on 2007 and later

11 trucks, we'll need to further control PM emissions used in

12 Level 3 verified PM reduction device. Staff has also

13 included the estimated cost of APSs with a verified PM

14 trap, which increases the overall cost of the APS slide by

15 $2,000. The pictures show a few of the currently

16 commercially available diesel-fueled APSs.

17 --o0o--

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18 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

19 LEMIEUX: Fuel-fired heaters are used to provide heat to

20 the sleeper cab and also to the engine block for easy

21 engine start-up during cold weather. They can operate 20

22 or more hours on a gallon of diesel fuel and typically use

23 the fuel from the truck's fuel tank. They are relatively

24 small and inexpensive. The cost of these devices range

25 between 1,000 to $3,000 installed.

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 1 --o0o--

 2 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 3 LEMIEUX: Battery electric APSs include a battery pack and

 4 independent electrically-driven heating and air

 5 conditioning system and inverter charger to provide 110

 6 volts of electricity for on-board accessories. They are

 7 capable of providing more than ten hours of continuous cab

 8 comforts between charges. They require two to six hours

 9 of charge time, which occurs during normal truck

10 operation. The cost of such systems range between 4,000

11 and $10,000 installed. The higher amount corresponds to

12 an advanced battery system, a heavy-duty alternator, a

13 high capacity heating, and cooling system and an inverter

14 charger.

15 --o0o--

16 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

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17 LEMIEUX: Thermal storage systems are on-board systems

18 that utilize the truck's air conditioning system to store

19 cooling energy when the truck is operated. The cooling

20 energy is later used to cool the sleeper cab when the

21 truck is stopped and the operator is resting. As with

22 battery electric APSs, these systems require four to six

23 hours of truck operation for recharging.

24 The thermal energy storage system provides only

25 cooling. The cost of a commercially-available energy

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 1 storage system including installation is approximately

 2 $3600. The system can be integrated with a fuel-fired

 3 heater to provide both heating and cooling. A currently

 4 commercially available system that includes a fuel-fired

 5 heater costs approximately $4600 installed.

 6 --o0o--

 7 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 8 LEMIEUX: Another alternative to truck engine idling is

 9 the development of an electrical infrastructure at truck

10 stops and other locations. Shore power with on-board

11 truck equipment involves the electrification of truck

12 parking spaces at truck stops or other locations to

13 provide trucks with 110 volts of electric power to operate

14 the sleeper cab climate control and on-board accessories.

15 It requires the parking spaces to be equipped with

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16 electrical outlets, and trucks need to be equipped with

17 inverter chargers, electrical power connections, and

18 electrically-driven heating and air condition system.

19 The power infrastructure costs range between 3500

20 and $6,000 per truck parking space. The cost for add-on

21 parts to the truck, which includes the electric air

22 conditioning unit and an inverter charger and electrical

23 connection, is approximately $4,000 installed.

24 --o0o--

25 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

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 1 LEMIEUX: An alternative to typical shore power is the

 2 off-board power infrastructure being developed by IdleAire

 3 Technologies. This technology provides 110 volts of

 4 electrical power for on-board accessories, an externally

 5 installed heating and air conditioning system, and

 6 hook-ups for telephone and internet and television

 7 services at each parking space. The unit is connected to

 8 the window through a console placed in the truck window.

 9 Currently, the cost for basic services that provide only

10 climate control ranges between $1.60 and $1.88 per hour.

11 The infrastructure costs at truck stops or other locations

12 range between 12,000 and $20,000 per parking space.

13 --o0o--

14 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

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15 LEMIEUX: This table shows the costs and the payback

16 periods of alternative technologies. As you can see from

17 the table, the pay-back period from fuel savings alone

18 ranges between seven months for an inverter charger with

19 and electrically heated heating and air conditioning

20 system to be a little more than two years for the Thermo

21 King APS with a verified PM trap.

22 These estimates are based on the truck idling

23 2,100 hours per year and fuel costs of $3.05 per gallon

24 and does not include savings from reduced maintenance

25 costs for the main engine. Staff expects that when the

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 1 proposed regulation takes effect in 2008, the payback

 2 periods will be much lower than what is shown in this

 3 table. Because it is expected that diesel fuel prices

 4 will be higher in 2008, while the cost of the alternative

 5 technologies will go down due to reduced production costs

 6 with the expected increase in sales volume.

 7 --o0o--

 8 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 9 LEMIEUX: Staff's proposal will also effect Carl Moyer

10 Program funding for auxiliary powered systems. If staff

11 proposed requirements are adopted starting in 2008,

12 funding for alternative technologies may be possible for

13 technologies that goes beyond the proposed requirement:

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14 That is, technologies that are cleaner than a diesel APS.

15 Such technologies may include battery electric APSs,

16 thermal storage systems and truck on-board equipment for

17 use with on-shore power. Systems qualifying for the Carl

18 Moyer program will result in less cost for the owner and

19 will significantly reduce the payback period for the

20 device.

21 Under the proposed guidelines, staff will return

22 to the Board next month to revise the Carl Moyer Program

23 funding guidelines, including funding for technologies

24 that provide benefits beyond staff's idling proposal.

25 --o0o--

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 1 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 2 LEMIEUX: Now I'll cover the emission benefits expected

 3 from this proposal. This table displays a projected

 4 statewide emission reduction from both California and

 5 out-of-state sleeper trucks in 2010. It is projected

 6 there will be over 75,000 sleeper trucks in 2010 on a

 7 daily basis in California. Assuming full compliance with

 8 the proposed regulation, statewide emissions will be

 9 reduced by approximately 46 tons per day of oxides of

10 nitrogen, 4.2 tons per day of hydrocarbon, and 4/10 of a

11 ton per day of particulate matter, and approximately 1,930

12 tons per day of greenhouse gas emissions.

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13 --o0o--

14 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

15 LEMIEUX: In addition to the emission benefits, staff's

16 proposal will fulfill in part the requirements specified

17 in the SIP and the Diesel Risk Reduction Plan. Consistent

18 with the Board's environmental justice policy, the

19 proposal will result in significant emission reductions in

20 locations disproportionately impacted by air pollution

21 from other sources, such as truck stops, ports,

22 distribution centers, and warehouses.

23 In addition, staff's proposal is consistent with

24 the Governor's Executive Order to reduce greenhouse gas

25 emissions. Staff's proposal reduces greenhouse gas

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 1 emissions by approximately one megaton per year in 2010.

 2 Staff's proposals is consistent with the ARB and

 3 California Energy Commission's policy recommendations to

 4 reduce the demand of petroleum use through anti-idling

 5 measures. Assuming full compliance, staff proposal would

 6 result in reduced fuel consumption of approximately 160

 7 million gallons of diesel fuel per year in 2010 in

 8 California.

 9 --o0o--

10 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

11 LEMIEUX: The Engine Manufacturers Association, or EMA,

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12 has raised several issues related to staff's proposed

13 requirements. The EMA has stated that staff's proposed

14 requirements change the current agreed upon practices of

15 fully aligning and harmonizing the recently adopted Tier 4

16 off-road standards with those adopted by the U.S. EPA. In

17 addition, EMA has stated that the proposed new NOx idling

18 standard may not be technologically feasible and that it

19 violates the lead time and stability requirements as

20 required by federal law.

21 In response to EMA's comments, staff believes

22 that this proposal does not violate any agreement made

23 with engine manufacturers. Staff proposal safeguards the

24 already adopted 2007 heavy-duty diesel engine standards by

25 requiring APSs to have PM emissions that are at least as

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 1 clean. Thus, staff's proposal provides an opportunity for

 2 diesel-fueled APSs to compete in this market. More

 3 importantly, it should be emphasized that the requirement

 4 to install a particulate filter would likely not even

 5 apply to the engine manufacturer. The engine manufacturer

 6 could continue to produce and sell Tier 4 compliant

 7 engines in California. The truck operator would be

 8 responsible for having the particulate filter installed.

 9 With regard to the new engine requirement, staff

10 proposal only requires a non-adjustable automatic engine

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11 shutoff device. The optional low NOx idling standard was

12 proposed to accommodate several engine manufacturers'

13 request to have the option of certifying their engines to

14 a low NOx idling standard as an alternative to an engine

15 shut down requirement.

16 --o0o--

17 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

18 LEMIEUX: The American Trucking Association, or ATA, and

19 the California Trucking Association, or CTA, also raised

20 issues stating that more lead time is needed for truck

21 operators and owners to adjust to the proposed

22 requirements. Furthermore, they raise the issue that the

23 inconsistent patterns of states and local idling

24 restriction laws nationwide make it difficult for truck

25 operators to understand and comply with the laws and thus

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 1 would prefer a nationwide requirement working in

 2 coordination with the U.S. EPA. They state that this

 3 approach would provide consistency for truck operators.

 4 Staff does not believe this implementation date

 5 or the proposed requirement should be delayed. First,

 6 emissions from idling trucks are significant and need to

 7 be addressed today. Second, cost effective alternative

 8 technologies with a payback period of less than two years

 9 are already commercially available. Finally, the U.S. EPA

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10 currently does not have any plans for adopting a

11 nationwide idling requirement.

12 --o0o--

13 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

14 LEMIEUX: Staff has reviewed comments submitted by the

15 public regarding this proposal during the 45-day notice

16 process. Based on those comments, staff is proposing

17 15-day changes to the regulation language for the new

18 engine requirements related to one of the PTO override

19 provisions to address safety concerns.

20 Also, staff is proposing two modifications to the

21 amendments to the in-use idling ATCM requirements. The

22 first will allow battery electric infrastructure or

23 technologies related to the usage of electric shore power

24 to offer these technologies as alternatives without prior

25 Executive Officer approval. The second will clarify

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 1 language regarding electric shore power availability as a

 2 compliance option.

 3 --o0o--

 4 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 5 LEMIEUX: In summary, staff's proposed regulation is a

 6 necessary measure to help reduce emissions and health risk

 7 from idling sleeper trucks in all areas of the state. As

 8 already stated, it fulfills in part the requirements in

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 9 the SIP and the Diesel Risk Reduction Plan. It also

10 provides significant emission reductions at locations such

11 as truck stops, ports, distribution centers, and

12 warehouses, and therefore helps achieve the Board's

13 environmental justice policy. It is consistent with

14 achieving the Governor's greenhouse gas emission reduction

15 goals and ARB and California Energy Commission's fossil

16 fuel consumption reduction goals. Alternatives are

17 technologically feasible, and the payback periods are less

18 than two years.

19 Staff, therefore, recommends that the Board

20 approve this proposal. Thank you. This concludes my

21 presentation.

22 ACTING CHAIRPERSON RIORDAN: Thank you very much.

23 Madam Ombudsman.

24 OMBUDSMAN TSCHOGL: Thank you.

25 Madam Chairman and members of the Board, the

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 1 Engine Manufacturers Association, Truck Manufacturers

 2 Association, California Trucking Association, American

 3 Trucking Association, Manufacturers of Emission Controls

 4 Association, engine dealers, manufacturers of alternative

 5 technologies, and the U.S. EPA provided input and comments

 6 to staff's current proposal as well as to staff's proposal

 7 during the development of the in-use airborne toxic

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 8 control measure adopted in July of 2004.

 9 The regulatory process to develop this rule began

10 in 2002 to fulfill ARB's responsibilities in the Diesel

11 Risk Reduction Plan and in the State Implementation Plan.

12 Staff held two public workshops to discuss

13 proposed actions and to solicit ideas and feedback from

14 stakeholders. The first workshop was held on June 4th,

15 2003, and the second on March 23th, 2005, both in El

16 Monte. The public workshops were also accessible by

17 teleconference and with the ability to ask questions and

18 receive responses. Approximately 40 persons attended each

19 of the two workshops. Attendees included the

20 representatives from the groups previously mentioned plus

21 members of the public.

22 Staff held six conference calls with EMA and its

23 members on September 23rd, 2003; December 18th, 2003;

24 April 2nd, 2004; December 2nd, 2004; February 28th, 2005;

25 and September 29th, 2005. Staff also held one in-person

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 1 meeting and two conference calls with the Truck

 2 Manufacturers Association and its members. The meeting

 3 was held on December 17th, 2003, in El Monte. And the two

 4 conference calls were held on August 26th, 2003, and March

 5 16th, 2005.

 6 On April 25th, 2005, staff conducted a conference

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 7 call with both the CTA and the American Trucking

 8 Association. Additionally, staff held conference calls

 9 with staff of the U.S. EPA on March 24, 2005, and July

10 21st, 2005, with staff, before it was released along with

11 proposed regulatory amendments on September 2nd, 2005.

12 Only the Notice of Rulemaking was physically mailed to

13 stakeholders. The staff report was made available as a

14 web document only. Hard copies of the staff report and

15 the proposed regulatory amendments are made available to

16 the Sacramento Public Information Office on September 2nd,

17 2005. The Notice was mailed to a total of 1,770

18 subscribers. The list serve dedicated to the current

19 proposal, the truck idling list serve, has 790

20 subscribers. In addition, the Notice of Rulemaking was

21 sent to subscribers of the list serves for the mobile

22 source programs, in-use idling, airborne toxic control

23 measure, and the school bus idling ATCM. These lists have

24 1,013, 802, and 6,295 subscribers respectively.

25 This concludes my comments. Thank you.

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 1 ACTING CHAIRPERSON RIORDAN: Thank you, Madam

 2 Ombudsman.

 3 Board members, any questions for staff?

 4 Dr. Gong.

 5 BOARD MEMBER GONG: Just a quick question about

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 6 the U.S. EPA. I was a little surprised to see there's no

 7 EPA position on this idling business, this process.

 8 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

 9 LEMIEUX: When we initiated this process back in 2001, we

10 did contact U.S. EPA to find out if they wanted to work

11 together on an idling rule. They had already been working

12 on a program where it was sort of a voluntary program

13 where they were trying to encourage fleets and

14 stakeholders to go toward that direction. And it had been

15 working for several years. But from what we can see when

16 we were working with them, they weren't getting very much

17 progress. It wasn't progressing very fast in terms of

18 getting technology on these trucks. So at that time they

19 were not interested in pursuing any kind of regulatory

20 action for diesel idling. And to this date, they do not

21 have any plans to do such.

22 EXECUTIVE OFFICER WITHERSPOON: Dr. Gong, I would

23 say the federal rulemaking process is far more arduous

24 than ours. And their resources are completely tapped with

25 both their on-road rulemaking, their off-road rulemaking,

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 1 and the Tier 3 rulemaking that's underway right now for

 2 locomotives and marine vessels. So it was lower on their

 3 priority list. Not that they are against having idling

 4 regulations, they just don't have time to develop them.

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 5 And they instead had other staff working on smart way

 6 transportation for greenhouse gas reductions actually.

 7 But it will be a while before they get around to it on the

 8 regulatory side.

 9 ACTING CHAIRPERSON RIORDAN: Ms. Kennard.

10 BOARD MEMBER KENNARD: First of all, staff, this

11 was an excellent presentation, very, very well organized.

12 So thank you.

13 I had one quick question, this acronym that I was

14 not familiar with on page 15, PTO.

15 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

16 LEMIEUX: That means power take off devices. It's the

17 work that an engine does besides the propulsion of the

18 vehicle. Like a cement mixer needs to run the mixer. It

19 uses the engine to operate that piece of equipment.

20 BOARD MEMBER KENNARD: Thank you.

21 ACTING CHAIRPERSON RIORDAN: Any further

22 questions?

23 We've got quite a list in front of us, so here's

24 what we're doing. Again, three minutes. If you have

25 written testimony, we'll make that part of the record, but

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 1 please put in your own succinct words what your position

 2 is.

 3 Dawn Friest, Will Schaefer, Mike Tunnell, Staci

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 4 Heaton, Randal Friedman, Jason Vega, and Rolf Lichtner,

 5 all in the front row, please. We're going to start with

 6 Dawn. And let's go.

 7 MS. FRIEST: Good afternoon. My name is Dawn

 8 Friest. I'm here today representing the Engine

 9 Manufacturers Association. As you know, EMA's members

10 include the manufacturers of diesel fueled engines used in

11 heavy-duty on-highway trucks and the small non-road diesel

12 engines which power APS units, both of which are subject

13 to this rulemaking.

14 EMA has been an active stakeholder in this

15 process proposing an alternative to the staff's approach

16 that would phase out the sleeper berth exemption,

17 implement engines, shut down technology on all new

18 heavy-duty on-highway truck engines nationwide and address

19 APS emissions in a manner consistent with ARB's prior

20 rules and rulemaking commitments.

21 However, ARB staff have rejected EMA's proposal

22 and instead have proposed an invalid, infeasible, and

23 fundamentally unfair rule that is strongly opposed by EMA.

24 ARB's proposal is not only technologically infeasible and

25 in violation of the lead time and stability requirement of

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 1 the Federal Clean Air Act, but is also a direct breach of

 2 ARB's repeated commitments to maintain full alignment with

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 3 EPA's non-road Tier 4 rule.

 4 EMA's concerns are more fully explained in our

 5 written comments. And I'm going to focus on our most

 6 significant objections to the pending rulemaking proposal.

 7 ARB's proposed APS standards represent a blatant

 8 breach of the repeated commitments and assurances that ARB

 9 staff made to EMA and its members pledging that ARB would

10 maintain harmonization with EPA's Tier 4 non-road engine

11 standard. ARB's pledge was key to our unprecedented

12 support of the Tier 4 non-road rules. A critical element

13 of those rules, which this Board approved and adopted so

14 recently, is the conclusion that after-treatment forcing

15 PM standards are not cost effective or technically

16 feasible and should not be mandated for non-road engines

17 in the less than 25 horsepower range, the engines used in

18 APS units.

19 Indeed, the non-road rule as agreed to and

20 adopted by ARB explicitly acknowledges that the continued

21 appropriateness of the decision not to proceed with

22 after-treatment forcing PM standards will be reviewed as

23 part of the 2007 technology review. Nothing has changed

24 since the Board's approval of the Tier 4 standards. PM

25 after-treatment technology is still inappropriate for the

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 1 small off-road engines that power APS units.

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 2 Despite all this, ARB staff is proposing here

 3 today to ignore the relevant facts while also reneging on

 4 their own determinations and assurances regarding this

 5 issue. It is difficult to image a more fundamental and

 6 egregious breach of trust and even more difficult to

 7 ignore the impact that this breach will have on future

 8 collaborative efforts with ARB, including those pertaining

 9 to the ARB's pending Tier 4 rule.

10 Beyond ARB's breach of trust, the simple reality

11 is that APS units equipped with PM after-treatment systems

12 are not feasible and so will not be available as of 2008,

13 nor are the new engine idle shut down standards and low

14 NOx idling emission standards feasible as proposed by ARB

15 staff. Moreover, those standards are in clear violation

16 of the Clean Air Act's lead time and stability

17 requirements and so are invalid as a matter of law.

18 The net result is that the operators of sleeper

19 trucks faced with the mandatory shut down of their

20 vehicles are likely to have no available cost effective

21 option to heat, cool, and otherwise maintain the

22 environment within their cabs to allow for adequate rest

23 and safe alert operation of those vehicles.

24 ACTING CHAIRPERSON RIORDAN: And I need a

25 concluding.

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 1 MS. FRIEST: The Board should not adopt the

 2 pending proposal, but instead should direct staff to work

 3 with interested stakeholders to develop fair and feasible

 4 alternative requirements to control idling emissions.

 5 ACTING CHAIRPERSON RIORDAN: Thank you very much.

 6 And we've made your other comments part of the record.

 7 Any questions for this speaker? I see none at

 8 this time.

 9 Staff, any response that you'd like to make at

10 this time? No.

11 Okay. We'll move on. Will Schaefer.

12 MR. SCHAEFER: Good afternoon, Madam Chairman and

13 members of the Board, CARB staff. My name is Will

14 Schaefer. I'm with the Truck Manufacturers Association.

15 The Truck Manufacturers Association, or TMA, represents

16 the major Northern American manufacturers of Class 6, 7,

17 and 8 medium and heavy-duty trucks.

18 Over the past two years, we have appreciated the

19 opportunity to work directly with CARB staff during the

20 development of CARB's current operator engine shut down

21 requirements and subsequently this idle reduction

22 equipment proposal. We support the policy that whenever

23 practicable, trucks ought not be left idling for extended

24 time periods. We also believe that requiring truck

25 operators to take reasonable and easily accomplished steps

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 207

 1 to achieve this objective is the most effective way to

 2 reduce unnecessary idling.

 3 Since last year, in the face of increased fuel

 4 prices, we've seen an appreciable increase in the

 5 market-driven interest and demand for a variety of systems

 6 that enable truck operators to safely and comfortably stay

 7 in their sleeper berth equipped trucks without having to

 8 idle the vehicle's prime engine. For the first time,

 9 truck equipment manufacturers are offering such systems as

10 integrated options. We view this as a positive trend that

11 should be encouraged and financially incentivized, as

12 California and other state and local governments are

13 doing.

14 We do not believe that CARB has allowed

15 sufficient time for market forces to take effect. Since

16 demand is up and incentives are proving effective, we

17 strongly encourage the ARB to reconsider implementing this

18 proposal. Alternatively, if ARB does proceed, we

19 recommend the sleeper berth exemption be phased out over

20 time, allowing the much lower emitting newer model year

21 vehicles a longer exemption period beyond the 2008

22 effective date in the proposal.

23 On a detailed level, the labeling requirements

24 proposed are too restrictive in terms of the detailed

25 design and size of the levels and the proposed location on

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 1 the vehicle. If labelling becomes necessary, smaller

 2 labels located under and/or behind the driver's side door

 3 are more acceptable.

 4 Also, we noted the proposal appears to allow

 5 battery based and stop systems, but the method and

 6 requirements for obtaining ARB approval are not clear. We

 7 assume that truck OEMs and autonomous suppliers will be

 8 able to seek this approval. We trust ARB will work with

 9 us on these two issues to find mutually acceptable

10 solutions.

11 In summary, we continue to believe the current

12 combination of operator focus requirements and financial

13 incentives is the most effective way to move the industry

14 to adapt and solve this issue. Soaring fuel costs are

15 certain to expedite the shift.

16 Thank you, Madam Chairman and members of this

17 Board.

18 ACTING CHAIRPERSON RIORDAN: Thank you very much.

19 Thank you for staying within your time limit. I

20 appreciate that.

21 Next speaker is Mike Tunnell.

22 MR. TUNNELL: Good afternoon, Madam Chair and

23 members of the Board. My name is Mike Tunnell. I

24 represent the American Trucking Association.

25 I believe everyone in the room supports efforts

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 1 to reduce unnecessary idling and ultimately work towards

 2 reducing sleeper berth idling in order to save fuel and

 3 reduce emissions. ATA supports these goals as well as

 4 evidenced by our involvement in a number of idling

 5 reduction initiatives including the U.S. EPA's smart way

 6 transport partnership and the recently passed energy bill.

 7 The proposed changes to the state's idling

 8 regulation raised three primary concerns among ATA

 9 members. These concerns include, one, the ability of

10 fleets to test and evaluate proposed compliance options

11 prior to widespread deployment. Two, the availability of

12 the enormous amount of capital required for compliance.

13 And three, the need to ensure a safe, comfortable resting

14 environment for drivers.

15 One of the main lessons learned from the 18-month

16 pull ahead of the 2004 federal engine emissions standard

17 was fleets need adequate lead time to test and evaluate

18 the deployment of new expensive emission control

19 technologies. Ideally, fleets would like two-years lead

20 time to test and evaluate equipment, two summers and two

21 winters. Since APS manufacturers will just have over

22 two years to develop compliant equipment, if feasible,

23 fleets will not have adequate time to test and prove the

24 reliability of 2007-plus APS technologies in over-the-road

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25 operations.

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 1 Secondly, we believe that trucking businesses

 2 will need to spend billions of dollars over the next

 3 two years to comply with the proposed regulation. Like

 4 other businesses and consumers throughout America, the

 5 trucking industry is facing unprecedented increases in

 6 operating expenses as a result of higher energy prices.

 7 Combined with federal regulations effecting diesel fuel

 8 engines as well as state regulations effecting

 9 refrigerator trailers, forklifts, yard spotters and idling

10 regulations, the financial well being of some businesses,

11 especially small businesses, will be strained.

12 Lastly, for some trucking businesses, their only

13 compliance will be to shut down their trucks while

14 sleeping in the state. Given the temperature extremes

15 found in California, this option has the potential of

16 compromising the quality of driver rest and vehicle

17 security. Drivers and public safety need to be considered

18 as part of this rulemaking.

19 For these reasons, ATA requests the Board to

20 delay action on the proposed idling regulation until a

21 safer more workable program can be developed to reduce

22 sleeper berth idling. ATA believes the initial efforts

23 must ensure adequate funding to offset some portion of the

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24 high capital cost of this equipment. In addition, a more

25 reasonable implementation schedule is needed to ensure the

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 1 proper development and fleet testing of the advanced idle

 2 reduction technologies envisioned by CARB. And, lastly,

 3 ATA requests CARB to join the efforts of the U.S.

 4 Environmental Protection Agency to develop a consistent,

 5 long-term solution that addresses the issue on a national

 6 basis. And I apologize for running over.

 7 ACTING CHAIRPERSON RIORDAN: You didn't. You

 8 were very close. Very good. Thank you very much.

 9 Any questions?

10 Ms. Berg.

11 BOARD MEMBER BERG: Maybe you can clarify for me.

12 In your written testimony, you have that the trucking

13 industry is spending 85 billion on fuel this year, 23

14 billion more spent than last year. And so what about

15 reducing the idling and the cost that you'll save in fuel?

16 How does that work with the 19 billion that you're saying

17 that this is going to cost you?

18 MR. TUNNELL: Well, see, it's kind of, you know,

19 a two-way street here. Your staff has pointed out that

20 these -- in the long run, you can save fuel. But you

21 still have to -- much like putting in energy efficient

22 windows and solar panels to reduce your energy bill, you

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23 have to get a capital cost to get that equipment on your

24 truck before you can gain any savings from it.

25 BOARD MEMBER BERG: But the capital costs they're

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 1 looking at, are you in disagreement it's going to cost

 2 between 3- to I think $10,000, and their recouping can be

 3 from seven months to two years depending on what system

 4 you choose?

 5 MR. TUNNELL: Well, I would agree that the cost

 6 can be upwards in the $10,000 area.

 7 Now, in terms of their payback time, some fleets,

 8 it depends on how much you idle. In some fleets, it would

 9 take them very aggressive measures to already reduce

10 idling. So their payback time may be much longer than

11 what staff anticipates.

12 But, you know, to be honest with you, fleets are

13 really looking hard at this technology and it is getting

14 deployed today. I think the main problem with this

15 proposal is that expedited time frame you're being asked

16 to phase this in. In the next two years, I just cannot

17 envision all of --

18 BOARD MEMBER BERG: How much time do you need?

19 MR. TUNNELL: Well, like we say in our comments,

20 ideally we would like two years of time to evaluate this

21 technology. And for --

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22 BOARD MEMBER BERG: When do you want it

23 implemented?

24 MR. TUNNELL: When do I want to implement it?

25 Okay. What we need is two things. One is the technology

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 1 to be available to be evaluated.

 2 BOARD MEMBER BERG: How many years?

 3 MR. TUNNELL: Two years after that.

 4 BOARD MEMBER BERG: So four years is what you're

 5 asking for?

 6 MR. TUNNELL: You'd have to check with the

 7 manufacturers when they believe this technology can be put

 8 in place on on-the-road trucks. And then give us

 9 two years after that. And while we're doing that, let's

10 find the funding source to help offset some of this

11 capital costs so that we can minimize --

12 BOARD MEMBER BERG: The funding source, sir, as a

13 business is going to come through the savings of the

14 diesel, I think.

15 MR. TUNNELL: Right. But you need the money up

16 front to get into it.

17 To be honest with you, I get calls all the time

18 that fleets are saying, you know, "Gosh, we've gotten some

19 of our fleet into this technology. We would love to do

20 more. But the cash flow isn't there."

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21 So anything we can do to bring this technology

22 forward in the sense of additional funding would be very

23 beneficial.

24 BOARD MEMBER BERG: Thank you very much.

25 ACTING CHAIRPERSON RIORDAN: Any other questions?

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 1 Dr. Gong.

 2 BOARD MEMBER GONG: My understanding is that some

 3 of this technology is available. I mean, I'm not sure how

 4 in terms of scale. But I think some of these technologies

 5 are well along the way. Perhaps some of the speakers who

 6 will follow you will discuss that. But I'm sure many of

 7 these that -- and we saw demonstrations of them today.

 8 They're here now, I guess.

 9 MR. TUNNELL: And I think the important thing to

10 remember there, if I may, is, you know, there is

11 technology out there today. Now, you're implementing some

12 new standards on this technology in a couple years. And

13 as I understand it, there really is no peer review science

14 of whether this really works in this application. So

15 that's kind of what I'm looking for, is let's get peer

16 reviewed science and make sure this technology works. And

17 then once we know it works, let's get -- that's generally

18 done in labs that don't have over-the-road conditions on a

19 daily basis and get beat up in truck operations.

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20 Give us two years from that date to give our

21 fleets adequate time to -- because, you know, if you think

22 about it, if you need to buy 50 VCRs and you didn't have

23 Consumers Reports, what would you do? You wouldn't go out

24 and buy 50 of them. Maybe you'd talk to your

25 neighborhoods. You need time to evaluate what you're

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 1 buying, especially in the quantities you're being asked to

 2 buy this.

 3 ACTING CHAIRPERSON RIORDAN: I think that's fine.

 4 Moving right along, Staci Heaton.

 5 MS. HEATON: Good afternoon, Madam Chair and

 6 members of the Board. My name is Staci Heaton. I'm the

 7 Director of Environmental Affairs for the California

 8 Trucking Association, and our members really wanted to

 9 support this. They really did. And we really talked a

10 lot and really worked a lot with your staff. And we did

11 support the time limit regulation that was adopted last

12 year in July of '04, the five-minute idling limit.

13 Unfortunately, we come before you with an opposed

14 position today. Drivers of hauling over-the-road and

15 interstate freight, they are subject to federal hours of

16 service laws. They have 14 on-duty hours, 11 of those can

17 be spent driving. Once those hours are done, they're

18 done. They have to be off duty for ten solid hours.

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19 Unfortunately, because of delays, because of things like

20 traffic conditions and delays at the terminals where

21 they're making their deliveries, they cannot always plan

22 when and where they're going to stop what. What that

23 means is that really the only feasible method by which

24 this regulation can be complied with is through APS units.

25 As Mike has already said, that's going to be a significant

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 1 capital outlay cost to an industry that makes a 1 to 2

 2 percent profit margin.

 3 And we're under extreme competitive environments

 4 in the trucking industry. Companies will hire the

 5 trucking companies that are cheapest, bottom line. So

 6 that means the ones that don't comply and charge less will

 7 be the ones that get hired. And the ones that do comply

 8 would be the ones that go out of business.

 9 What this regulation also does is effectively

10 puts a stop to the progress that has been made by

11 technologies like IdleAire and shore power, because a

12 truck driver cannot always make it to a truck stop before

13 he runs out of hours of service. Therefore, APS is the

14 only way for a truck owner to make sure his driver is

15 protected and can rest whenever he needs to stop.

16 We also are opposing the shutoff device. And the

17 main reason we're opposing the shutoff device in 2008 and

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18 model year trucks is because they will be on all trucks,

19 including those that don't have sleeper cabs. And, again,

20 a driver does not know when they're going to run into

21 weather conditions or other conditions under which they're

22 going to have to stop. If there's an emergency situation,

23 a driver of a regular truck won't be able to override that

24 shut down device and won't be able to run their air

25 conditioner or heater if they need to. A truck driver

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 1 cannot leave their truck if they want their cargo to be

 2 there when they get back.

 3 So you know under those circumstances, we must

 4 also oppose this regulation today and ask that staff

 5 continue to work with industry on more feasible

 6 alternatives to this regulation. Thank you.

 7 ACTING CHAIRPERSON RIORDAN: Thank you, Staci.

 8 Question.

 9 BOARD MEMBER GONG: What about the battery

10 electric cold storage alternatives? You don't have to be

11 in any particular place to run those.

12 MS. HEATON: Right. And that's what I mean.

13 Some kind of an on-board electrification unit is what's

14 going to be necessary to comply with this regulation.

15 That means a trucking company can't rely on shore power,

16 can't rely on IdleAire and would have to equip every

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17 single truck, whether it was a sleeper or not, with this

18 type of technology. And it's very expensive.

19 ACTING CHAIRPERSON RIORDAN: Ms. Berg.

20 BOARD MEMBER BERG: Yes. I understood in the

21 staff report that the automatic shut-off did have some

22 overriding capability.

23 ON-ROAD HEAVY-DUTY DIESEL SECTION MANAGER

24 LEMIEUX: Yes. If somebody is in the truck, you can

25 override the shut-down mechanism by touching the gas

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 1 peddle, touching the brake peddle, the clutch peddle and

 2 continue that operation. So in a situation if you're in a

 3 severe weather condition and you're stuck in you truck,

 4 you can keep your engine operating indefinitely. It's

 5 just when the operator jumps out of his truck and is

 6 running around doing errands and typical behavior, is to

 7 leave their truck idling, there will be a warning sound in

 8 the truck. And if they don't touch the brake or the gas

 9 peddle, they'll shut down within that five-minute period.

10 BOARD MEMBER BERG: Thank you. So would you

11 agree that solves that problem?

12 MS. HEATON: No, it doesn't. Because if you're

13 stuck for several hours, it means that a driver is stuck

14 sitting in his driver's seat pushing the brake peddle for

15 however long he's stuck. That doesn't along him to rest

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16 or to stop or to do anything like that.

17 BOARD MEMBER BERG: But the example you gave was

18 in the case they were stuck in weather. So they better be

19 behind the wheel if they're stuck in weather.

20 MS. HEATON: That's if the -- they're in traffic

21 or something like that. But if they're struck in weather

22 where they have to pull off the road for several hours,

23 that does mean they're going to have to continue to touch

24 that brake peddle.

25 ACTING CHAIRPERSON RIORDAN: Okay. I think

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 1 that's all. Thank you.

 2 MS. HEATON: Thank you.

 3 ACTING CHAIRPERSON RIORDAN: Yes, Supervisor

 4 Roberts.

 5 SUPERVISOR ROBERTS: If they're stuck for several

 6 hours, that's precisely when you want them to shut it off.

 7 MS. HEATON: Right. Exactly.

 8 SUPERVISOR ROBERTS: So what's the problem?

 9 MS. HEATON: Well, if they're shutting the truck

10 off, they can't run their heater or air conditioner

11 without an APS system. If they're not in a sleeper cab

12 with an equipped APS, that means they have to just have

13 their truck shut off or continue to tap the brake peddle.

14 ACTING CHAIRPERSON RIORDAN: Thank you.

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15 Randal Friedman, Jason Vega. And let me just

16 tell the next group, David Everhart, John Fehrenbach,

17 David Modisette, Warner Harris, come on down to the front

18 row, please.

19 Thank you, Mr. Friedman.

20 MR. FRIEDMAN: Madam Chair, members of the Board,

21 my name is Randal Friedman from Navy region southwest.

22 I'm here representing the military services in California.

23 I have just a couple of very quick items regarding the

24 shutoff.

25 We would like to seek clarification that the

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 1 automatic shutoff would not apply to military tactical

 2 vehicles operating in California after 2008. I've already

 3 talked with your staff about this, and they informed me

 4 that was never the intent. But it's not listed in the

 5 exceptions in the current regulation.

 6 Second, this is going back to the original idling

 7 rule where we came to you at the hearing. You did add an

 8 exception for military training. While you could broadly

 9 consider military training to include most anything in

10 this go-round, we would ask you to be a little more

11 specific to include both training, testing, and deployment

12 to make it clear that it's not just training, but the

13 other main aspects of military use of tactical vehicles.

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14 Thank you. I'm available for questions.

15 ACTING CHAIRPERSON RIORDAN: Staff, can you

16 respond to the two requests?

17 EMISSION RESEARCH AND REGULATORY DEVELOPMENT

18 BRANCH CHIEF CARTER: Yes, I can. He's correct. I did

19 speak to that gentleman before today, and I assured him we

20 will work that out with them in the 15-day process. It

21 was our intent to exclude the military tactical vehicles

22 as he mentioned. So we will work it out.

23 ACTING CHAIRPERSON RIORDAN: And then to

24 doublecheck if you would take his name and be sure he gets

25 a clarification.

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 1 EMISSION RESEARCH AND REGULATORY DEVELOPMENT

 2 BRANCH CHIEF CARTER: Yes. We have that.

 3 ACTING CHAIRPERSON RIORDAN: Thank you very much.

 4 Jason Vega.

 5 MR. VEGA: Good afternoon, Madam Chair and

 6 members of the Board. My name is Jason Vega. I'm

 7 representing the California Council for Environmental and

 8 Economic Balance. CCEEB is neutral on this rule. But I

 9 want to take this opportunity to make two brief

10 statements.

11 The first is, we fully support the idea that

12 incentive programs such as Carl Moyer is integrated into

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13 rules and other regulations that are adopted.

14 The second is regarding the time line, the start

15 date for the rule. Since it's still not clear about the

16 availability of diesel APS manufacturers to be able to

17 meet the rule of the Level 3 PM control, we think it might

18 be prudent to revisit the start date issue at a later

19 date. That's all. Thank you very much.

20 ACTING CHAIRPERSON RIORDAN: Thank you very much.

21 Appreciate your comments.

22 Rolf Lichtner.

23 MR. LICHTNER: Good afternoon, Madam Chair, Board

24 members, CARB staff, ladies and gentlemen. My name is

25 Rolf Lichtner. I'm representing Webasto Product North

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 1 America.

 2 For over 100 years, Webasto has gone from being a

 3 metal components manufacturer to a global partner of the

 4 transportation industry. The driving force then as well

 5 as now is the quest for innovative solutions that best

 6 serve our customers' needs.

 7 Today, Webasto has over 6,260 employees in 45

 8 countries and is operating in North America for over 30

 9 years. The annual total revenue is close the $2 billion.

10 Webasto is still family-owned, and the majority of profits

11 are being invested in new research and development.

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12 Only this tremendous commitment made it possible

13 to invent, for example, our new Blue Cool Truck parking

14 cooler and to have it commercially available today, as you

15 could see during lunch.

16 Webasto applauds staff's effort to regulate

17 idling. Idling contributes significantly to the overall

18 emission inventory. Idling wastes precious energy.

19 Idling costs the country billions of dollars. And idling

20 makes us even more dependent on foreign oil.

21 Our fuel operated heaters are available as a

22 factory option for all major truck manufacturers, and they

23 can be retrofitted as well. These heaters provide

24 comfortable temperatures in the truck cabin without idling

25 of any engine. Webasto realized that especially in

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 1 California heating only was not sufficient. Consequently,

 2 Webasto developed a new revolutionary technology called

 3 Blue Cool Truck. Blue Cool Truck was first introduced at

 4 Mid America Truck Show in April of this year and is

 5 commercially available since.

 6 Large fleets are currently evaluating Blue Cool

 7 Truck with very positive preliminary results. They have

 8 about 50 units in the field today. We also have serious

 9 inquiries from truck manufacturers for Blue Cool Truck as

10 a factory option. This technology utilizes a cold storage

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11 device to provide engine-off bunk air conditioning for up

12 to 10 hours and ambient temperatures above 90 degrees

13 Fahrenheit. The recharging takes about four to six hours

14 of over-the-road driving. During the rest period, the

15 driver shuts the engine off.

16 Blue Cool Truck is self contained and does not

17 require any significant energy to cool the bunk. No extra

18 batteries that need to be recycled or diesel fuel is

19 needed. Best of all, Blue Cool Truck operates very

20 quietly and has absolutely zero emissions during the

21 discharge mode. Blue Cool Truck combined with our heater

22 provides a total engine-off climate comfort solution at

23 any ambient temperature. At the current fuel price, the

24 entire system will be paid for within 30 weeks or less.

25 Best of all, Webasto's heaters and Blue Cool

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 1 Truck systems are commercially available today. This

 2 winning combination retails for approximately $4,200 plus

 3 installation. Installation time is about four to

 4 six hours. And the total system weighs approximately 300

 5 pounds.

 6 I would also like to take this opportunity to

 7 share with you one of our most exciting current projects.

 8 A large dedicated team of scientists and specialists at

 9 Webasto is in the process of developing a very

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10 sophisticated fuel cell operated axillary power system.

11 First working prototypes of this system are already on the

12 road, and full production capability is scheduled for the

13 year 2010. These auxiliary power systems are currently

14 producing between one and five kilowatts of electrical

15 energy that can be installed in passenger cars, trucks,

16 buses, RV, and marine vessels. Stationary applications,

17 for example, for a single family home are possible as

18 well. Webasto is also researching applications up to 30

19 kilowatts for load refrigeration.

20 ACTING CHAIRPERSON RIORDAN: Mr. Lichtner, a

21 concluding statement.

22 MR. LICHTNER: I have some brochures about the

23 fuel cell. I would like to thank the Board for this

24 opportunity. And we hope this presentation underlines the

25 feasibility of staff's proposal. We, therefore, urge you

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 1 to vote in favor of the proposal today. Thank you very

 2 much.

 3 ACTING CHAIRPERSON RIORDAN: I'm going to ask you

 4 to put on the record what I asked you as I looked at

 5 your -- that this is available in California. That by the

 6 end of the year that there are going to be a number of

 7 people trained in the process and can install it or

 8 service it. Is that correct?

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 9 MR. LICHTNER: Yes. And I will let you know the

10 exact number of authorized installers in the state within

11 a week.

12 ACTING CHAIRPERSON RIORDAN: Thank you very much.

13 Any further questions? Thank you very much.

14 David Everhart.

15 MR. EVERHART: Madam Chairman and Board, I want

16 to thank all the members here. It's been a pleasure to

17 work with the CARB group over the last few years. We've

18 been deploying our technology for the last five years.

19 And we've enjoyed a tremendous success with the truckers

20 and the fleets and the travel centers around the nation.

21 We intend to expand our services in the state of

22 California about three to four times the amount of

23 equipment we have in the state today. When we looked at

24 this rule, we were a little bit concerned because it looks

25 like we were leaning toward -- it looked like it might be

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 1 favoring one technology over another. But I understand

 2 there's language adjustments in the rule today that will

 3 adjust that. And we appreciate everyone's effort to be

 4 fair in this procedure.

 5 We're a little concerned about when this rule is

 6 going to actually come into effect. We'd like to see it

 7 held off until 2009 so we can get more technology deployed

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 8 in the field. I was a little surprised to see in the

 9 report -- it was a great report, by the way. But it

10 didn't show the payback or return for using the IdleAire

11 system on the trucks. And, of course, there is no -- the

12 payback is just the first night. So I thought we might

13 want to make that adjustment.

14 I want to say thank you very much. It's great to

15 work with you guys. And we look forward to installing a

16 lot more equipment and providing a lot more emission

17 reduction across the state.

18 ACTING CHAIRPERSON RIORDAN: Thank you very much.

19 And now that's on the record, payback is the first night.

20 All right. Any questions for the speaker?

21 Seeing none, we'll go on to John Fehrenbach and

22 followed by David Modisette, followed by Warner Harris,

23 followed by Rex Greer, followed by Peter Rooney.

24 MR. FEHRENBACH: Thank you. Thank you, everyone.

25 And thank you to the Board and the staff. As somebody who

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 1 breathes air, I appreciate your efforts. I like clean

 2 air, too.

 3 I'm here on behalf of IdleAire. I'll add one

 4 clarification to what David Everhart just said, and that

 5 is we understand based on the staff presentation today

 6 there's going to be some attempt to clarify in the rule

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 7 that, among other things, shore power is an acceptable

 8 alternative to idling. I think that's probably the better

 9 way to put it. I just want to make sure the IdleAire

10 technology is included within the scope of what that was

11 about. And I think that's true.

12 ACTING CHAIRPERSON RIORDAN: Staff, are we

13 respond -- I see these nodding heads, but --

14 MOBILE SOURCE DIVISION CONTROL CHIEF CROSS: That

15 was in that list --

16 EMISSION RESEARCH AND REGULATORY DEVELOPMENT

17 BRANCH CHIEF CARTER: We've talked to him as well and

18 that's part of the 15-day changes. We'll include that.

19 MR. FEHRENBACH: And I'll take no more of your

20 time. Thank you very much.

21 ACTING CHAIRPERSON RIORDAN: Thank you very much.

22 We appreciate your testimony.

23 David Modisette.

24 (Thereupon an overhead presentation was

25 presented as follows.)

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 1 MR. MODISETTE: Yes, thank you, Madam Chair and

 2 members of the Board. I did provide a hard copy of my

 3 presentation. It's going to be extremely brief.

 4 Truck idling is a major air quality problem. We

 5 very much appreciate your efforts. We come before you

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 6 today in support of this rule, although we are going to

 7 ask for a couple of regulatory changes and a couple of

 8 additional efforts on the part of staff.

 9 --o0o--

10 MR. MODISETTE: You've already seen these

11 technologies in the staff presentation. We are working on

12 three separate technologies. The first one is the

13 off-board IdleAire technology.

14 --o0o--

15 MR. MODISETTE: The second one is shore power

16 technology, which uses a combination of on-board and

17 off-board systems.

18 --o0o--

19 MR. MODISETTE: And third is the battery APU.

20 --o0o--

21 MR. MODISETTE: I think our overall concern is

22 the staff proposal assumes the truckers will comply by

23 purchasing a diesel APU. Electric technologies are a

24 better option as I'm going to explain to you in just a

25 second. It is going to take time and effort to develop

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 1 the necessary infrastructure for them to be a viable

 2 option. So our overall concern with the proposal is that

 3 it may prematurely force people into an option which is

 4 not in the best interest of California.

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 5 --o0o--

 6 MR. MODISETTE: Electric idle reduction

 7 technologies actually provide more emission reduction than

 8 that projected in the proposed rule. And we ran a couple

 9 of scenarios using the staff's number just to show you the

10 magnitude of those reductions. You can see of 25 percent

11 -- only 25 percent of the idle hours were done using

12 electricity, rather than the diesel APU, which is the

13 compliance option in the staff proposal. You can get an

14 additional 3.6 tons per day of the high side of NOx and

15 1100 tons of CO2. If we can get 50 percent of those hours

16 using electric, we can obviously double those numbers.

17 --o0o--

18 MR. MODISETTE: We think electric technologies

19 are a win-win-win for California. They provide more

20 options to the trucker at less cost to the trucker with

21 more emission reductions.

22 What does the ARB do to achieve this? We have

23 four recommendations.

24 --o0o--

25 MR. MODISETTE: ARB should convene a truck stop

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 1 electrification working group of stakeholders, state,

 2 federal, and local agencies, to accelerate truck stop

 3 electrification installations and technology. And here I

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 4 would note other states are much, much, further ahead of

 5 this. Much further ahead in California on this. They are

 6 being extremely aggressive, including some of our

 7 neighboring states.

 8 --o0o--

 9 MR. MODISETTE: Work on incentives for TSE. I

10 guess we need to better integrate regulatory rulemakings

11 with incentive programs. One thing I want the Board to

12 understand is that if you adopt this rule today, you're

13 going to drastically cut Moyer incentives for these

14 cleaner technologies. How much? We don't know, because

15 the staff proposal doesn't contain that. And you don't

16 know.

17 So we think you should be very concerned that

18 you're going to vote on a rule today which has

19 implications for incentives for these technologies. But

20 yet you don't know what those implications are. We're

21 very concerned about that, and we think you should be,

22 too.

23 --o0o--

24 MR. MODISETTE: Recommendation 3 has been already

25 addressed by staff in the 15-day language. And our last

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 1 recommendation --

 2 --o0o--

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 3 MR. MODISETTE: -- is to provide more time for

 4 truck stop electrification to develop as a significant

 5 option. We did note the ATCM last year had a sleeper

 6 berth starting in 2009. We were very surprised to see

 7 when this came out with an '08 start date. We would like

 8 you to give us as much time as possible to develop these

 9 technologies and make a viable option.

10 We think the result will be in 2010 you'll

11 actually have more emission reductions in 2010 than you

12 would under the staff proposal. Thank you very much.

13 ACTING CHAIRPERSON RIORDAN: Thank you very much.

14 Any questions?

15 BOARD MEMBER GONG: Perhaps staff could respond

16 about the Carl Moyer funding for this. Looks like from

17 one of the slides it's up again in November, or for

18 discussion again.

19 EXECUTIVE OFFICER WITHERSPOON: There are two

20 issues about Carl Moyer funding. One of them is based on

21 additional technical work we did for this rule, what is

22 our understanding now of the amount of idling, the

23 activity going on, and the extent to which it could be

24 avoided through electrification. So what is the excess

25 emissions today. And those calculations are changing

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 1 every time the inventory gets more precise.

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 2 The second Carl Moyer issue is once the

 3 regulation goes into effect, what will the compliance

 4 scenario be assumed to be such that anything going beyond

 5 that is surplus. And as we indicated in the staff

 6 presentation, we're presuming a very high use of diesel

 7 powered APUs, and that is the compliance threshold.

 8 And we indicated to Mr. Modisette, we will

 9 clarify in our protocol discussions with him and other

10 stakeholders how the math works out. And we're trying to

11 accelerate that as fast as we can, because IdleAire is

12 seeking public funds today and sort of needs to know for

13 their business plan how much they need to do with private

14 capital and how much might be available to them through

15 public incentive programs. So that's what we're doing.

16 But it's not like the last item where we

17 discussed, you know, in or out, off or on, that kind of a

18 switch. Here it is specific emission calculations based

19 on the precision of the inventory and the compliance

20 choices that truck operators make.

21 BOARD MEMBER GONG: Does the Carl Moyer funding

22 effect the Board's vote today?

23 EXECUTIVE OFFICER WITHERSPOON: No.

24 ACTING CHAIRPERSON RIORDAN: Aren't you pleased?

25 Yes, Ms. Berg.

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 1 BOARD MEMBER BERG: Could you comment on the

 2 request for a postponement of one year when we looked at

 3 this rulemaking, making it effective in 2008 versus 2009?

 4 EXECUTIVE OFFICER WITHERSPOON: Yes. Staff's

 5 opposed to a postponement, because we think the best way

 6 for the IdleAire product and products like it to capture

 7 the market is to get out there early and with a lot

 8 density.

 9 But even once IdleAire is installed, there's

10 still going to be a very high reliance on APUs for

11 truckers who are pulling off between IdleAire stops or not

12 getting anywhere near them at all. And so there's

13 probably a natural limit on how much of the market they

14 might be able to capture. But they'll do better with

15 aggressive front loading than asking us to delay the

16 emission control so they can race against the APUs.

17 BOARD MEMBER BERG: And you're pretty comfortable

18 with the fact the engine manufacturers have also asked us

19 to delay?

20 EXECUTIVE OFFICER WITHERSPOON: We're very

21 comfortable with technological feasibility. We don't see

22 any reason for a delay on those grounds.

23 BOARD MEMBER BERG: Thank you.

24 ACTING CHAIRPERSON RIORDAN: Warner Harris.

25 And while you're coming up to the microphone, let

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 1 me indicate to Andrea Samulon, Diane Bailey, and Karen

 2 Pierce, please come down to this front row, and Bonnie

 3 Holmes-Gen.

 4 Mr. Harris.

 5 MR. HARRIS: Madam Chair, Board members, thank

 6 you for the opportunity to comment to you. My name is

 7 Warner Harris. I'm representing both Idling Solutions and

 8 Coval Partners, a California company. We make a product

 9 that would install at the curbside that can fit both Class

10 7 and Class 8 trucks and provide temperature control air

11 for the cap during the mandatory shut down up to ten

12 hours, can supply electrical power for the hotel

13 appliances, and it uses a zero emission battery

14 technology. It was developed in response to CARB's

15 mandate in 1998 for the introduction of the zero emission

16 automobile. So it has a history.

17 It has flexible configurations. It can provide

18 two different systems self-contained that will stand alone

19 to operate the HV&A system using the idling air system

20 that had been shown to the Board in 2004 and a battery

21 powered DC drive system, HV&AC that you saw today at the

22 curb. It's a bolt-on system that requires no

23 modifications except installation of brackets on points in

24 the truck. Nothing else is changed. The interior of the

25 cabin is able to use the existing controls so the

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 1 operator, the truck driver, it's transparent to him, this

 2 operation. It can go ten hours also.

 3 It's available now. It uses standard parts that

 4 have a long history in its operation. It reduces idling

 5 by 96 percent. And there are 250 systems in the

 6 stand-alone systems that are operating now in the trucking

 7 industry.

 8 The pricing complies with the recommendation of

 9 the Board and less than $10,000, just less than the

10 suggested retail price. As a comment, nobody has ever

11 paid that yet. A fleet has a better opportunity, and most

12 of these will be in that situation. There are leasing

13 options available as well.

14 At the consumption rate of $3 per gallon, and a

15 rate of one to one-and-a-half gallons per hour for idling

16 and a 96 percent reduction, we estimate the payback period

17 for either system to be just less than 12 months.

18 With that, I would like to thank you for this

19 opportunity of showing you the equipment and explaining

20 it.

21 ACTING CHAIRPERSON RIORDAN: Thank you very much.

22 We appreciated the opportunity. And we do thank you.

23 Board members, any questions for this speaker?

24 Thank you very much.

25 Rex Greer.

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 1 MR. GREER: Thank you, Madam Chairman and members

 2 of the Board. I think we've been in and out of here quite

 3 a few times over the last 20 years when I first started

 4 the idea.

 5 One thing I want to bring out, a good amount of

 6 money has been put in the energy bill through some of the

 7 simultaneous efforts of some of the people in this room.

 8 Should help fund some technology. I am totally in favor

 9 of reducing emissions as much as possible. That was one

10 of the things that bothered me sitting in a truck stop out

11 here over the weekend and all the smoke 20 years ago.

12 I'm concerned about no data and the effect to the

13 engines that we're talking about putting particulate traps

14 on. These little engines are naturally aspirated and

15 they're not electronic. There's no means to monitor the

16 air fuel ratios. And anything that has been put on the

17 intake or the exhaust has seemed to cause problems with

18 the engine life.

19 We're totally in favor of cleaning it up. We're

20 in the process of working on a start-stop system for the

21 little engines to where it can be running 20, 30, 40,

22 percent, 50 percent instead of continuous.

23 I've also got another project we're working on to

24 include a third option. Right now, we run the existing

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25 factory on-board system built in the truck by the

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 1 manufacturer with an alternative engine. The next option

 2 I'm working on right now is an option to be able to use

 3 electricity to run the systems as a third alternative.

 4 But the thing I see a problem with is I've spent

 5 a lot of time out here for the first 25 years I was old

 6 enough to work. And many times I've been stuck for two or

 7 three days and had to run something. I've been out in the

 8 field waiting on produce to be picked and packed and

 9 cooled where they had portable equipment to cool and pack

10 the harvest, and it was there two or three weeks and moved

11 again. You might be scheduled to load on Monday evening

12 and get loaded Wednesday morning by the time they got it

13 ready.

14 Anything we can do to help reduce wasted energy

15 and wasted fuel, warn out equipment prematurely from

16 sitting in the parking lots idling, and reducing emissions

17 is great. But I think we need to postpone this project

18 until we've got tested, certified, viable equipment and

19 all the details are worked out. I think the proposed Tier

20 2 and Tier 4 standards that have been worked out already

21 by CARB and EPA and signed off on by everybody in the

22 industry just, what, a year ago, I think there's a

23 reevaluation date set in there.

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24 I think we need to make sure what we're doing

25 before we knock some of the most oldest viable tested

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 1 technology out of the picture. I'd love to have a nice

 2 clean engine. If we had alternate fuel supplies, I could

 3 have gone to a compressed natural gas or some other type

 4 of engine a long time ago. But the infrastructure doesn't

 5 exist for an over-the-road truck to have this available.

 6 ACTING CHAIRPERSON RIORDAN: We're at the end of

 7 your testimony, so if you'd like to make a concluding

 8 remark.

 9 MR. HARRIS: I believe we have submitted some

10 written requests to postpone this project.

11 ACTING CHAIRPERSON RIORDAN: And that will be

12 part of the record. Thank you.

13 Peter Rooney.

14 MR. ROONEY: Madam Chairman, members of the

15 Board, it always nice to be in this room. I think you're

16 making good use of it.

17 One of the most profound things I think I heard

18 today -- and I'm speaking today on behalf Mr. Greer's

19 firm, Pony Pack. And you notice we do have a written

20 submission. One of the most profound things was by Member

21 Kennard. And that is that if you keep changing the rules,

22 you lose credibility. And you may say and you think this

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23 discussion today is not changing the rules, but in reality

24 it's only ten months since this very Board sat in this

25 very room and adopted harmonization with U.S. EPA. And

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 1 that harmonization was about Tier 4 off-road engines.

 2 Now today we're talking about Tier 4 off-road

 3 engines. And ten months ago you laid out the race track.

 4 You laid out the timetable how those are to be used. And

 5 today you're saying the very thing you did ten months ago

 6 can't be used starting January 1, 2008, on one little

 7 particular use.

 8 And that kind of brings us back to what the first

 9 gentlemen of the day said about how this Air Board has

10 conducted its affairs over the year. Two things. One,

11 regulation can drive technology. And I would

12 wholeheartedly subscribe to that. The years I was here, I

13 agree. The problem here is you've asked the tail to wag

14 the dog. You just got through talking about Tier 4

15 engines and the scenario 2007, review; 2008, the new

16 standards; 2011, for the next size bigger engine; 2013, a

17 whole new look at it. And here we're back trying to push

18 the technology on this small segment.

19 Folks, this isn't the automobile industry. This

20 is the APU industry. And Kubota isn't even -- somebody

21 earlier today said, "Well, the engine manufacturers won't

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22 have to do this. The trucker will have to do this." Wait

23 a minute. You buy Dinex's device, it may work fine. And

24 we hope you can verify it soon. Because if you do, we'll

25 start using it. But if we put Dinex's device on Kubota's

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 1 engine and Kubota's engine stops running, guess who's

 2 going to pay for the new engine? It's not going to be

 3 Kubota. You have a lot of things you have to work out

 4 yet.

 5 I think would suggest your better course of

 6 action is to table this particular portion of the

 7 after-treatment requirement to some certain date in the

 8 future. We can talk about -- and you mentioned four

 9 years. Whatever the year is. We already have the time

10 frame. Table that today. Then start working with the

11 engine manufacturers, emission control people, and get a

12 verified technology that will work for this purpose. As

13 Mr. Greer said, he spent the last 25 years of his life

14 trying to clean up emissions, and he has no reason to

15 change that now.

16 So when you verify an after-treatment device that

17 works on a small engine, he can adopt it rather quickly.

18 Now the truckers are rightly saying maybe it will take

19 them two years after that, when Mr. Greer can put it on

20 the market, truckers are going to need a while to make up

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21 their minds whether they want to invest in 600 units or

22 something.

23 But the way it's set now, nobody knows where it's

24 going to go. May work out very fine. If Dinex finishes

25 their tests in the next eight months and it comes to you

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 1 and you verify their device and they work out the warranty

 2 issues, maybe it's going to work. But you're really

 3 asking the poor manufacturers to take and -- I say

 4 manufacturers, in reality men like Mr. Greer are

 5 assemblers. They assemble products that are off the shelf

 6 that other people create. So while he wants to do the

 7 best thing he can, he can't do magic. He has to be able

 8 to do what's feasible.

 9 So I would just suggest again, in summary, table

10 it for some reasonable period of time and the issue will

11 be solved.

12 ACTING CHAIRPERSON RIORDAN: Thank you,

13 Mr. Rooney.

14 Staff, any comments to the request?

15 EXECUTIVE OFFICER WITHERSPOON: We have a bunch

16 of comments.

17 Well, first, on the whole subject of the Tier 4

18 rulemaking and why that should or shouldn't be considered

19 here today, we certainly do have regulations that

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20 harmonize nationally in general on off-road engines in

21 general. But well before your action to align the

22 standards, the Board also adopted a Diesel Risk Reduction

23 Program, which this regulation is aimed at, to reduce

24 diesel particulate on in-use vehicles.

25 And also last year the same time that you were

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 1 doing the Tier 4 off-road standard, you brought up an

 2 idling rule or adopted an idling rule and split it in two

 3 parts. You did a five-minute limit for general idling and

 4 directed us to come back this year with sleeper cab. So

 5 the idea that somehow the Tier 4 rulemaking knocked out

 6 all those other activities is just not accurate. You had

 7 multiple regulatory efforts underway.

 8 Now with respect to is it feasible or not and

 9 does feasibility require a delay, I'm going to ask Mr.

10 Cackette and staff to comment on that.

11 CHIEF DEPUTY EXECUTIVE OFFICER CACKETTE: We do

12 not think there is any feasibility issues here. And, you

13 know, it's perhaps -- we may have done it ourselves to say

14 that the reg effects the trucker. The reg says the

15 trucker can't idle his engine, and he has to go find a

16 solution -- some alternative solution if he wants to idle

17 with air conditioning comfort all night long. That's what

18 the reg says. That's why we talk about it applying to the

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19 trucker here.

20 We're not expecting individual truckers to go out

21 and decide to find a particulate filter to bolt something

22 on. As you've heard today, these technologies that you've

23 seen out on the street and some of them in presentations

24 are available. You know, they're warranted products.

25 They have a price. They have a service network. They're

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 1 able to take care of the equipment if it needs a service.

 2 These are things that are expected to work on trucks.

 3 And so the real choice is, do I have to expend

 4 money to buy one of these technologies so I can have a

 5 cool cabin at night instead of idling? And if I don't

 6 want to spend that money, can I adjust my schedule to find

 7 IdleAire? And where can you for $10 have a template that

 8 goes in your window and get air conditioning and

 9 electricity and everything at a dollar per hour basis?

10 For the low capital people, people that come here

11 just once in a while, have the option of these no-capital

12 approaches. And for those who want to use these idle and

13 stay overnight a lot in California, they have these

14 technologies solutions. And we think these solutions are

15 here. A number of them said they're available. Within

16 this two-year period, there will be more of them that will

17 become commercially available, and people will be able to

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18 choose and use them. We expect on the newer trucks that

19 newer trucks will come with this feature on it as well.

20 Because, you know, the economics are so startling. Spend

21 $3 an hour to idle your engine, or you can spend a fifth

22 of that for an APU. That saves up a lot of money real

23 fast. That's why those payback times are so attractive.

24 EXECUTIVE OFFICER WITHERSPOON: I'm just giving

25 you a cue to add some more. The one innovation here is

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 1 the particulate trap on the APU. And if Mr. Cackette

 2 would address why we think the particulate trap would also

 3 work.

 4 CHIEF DEPUTY EXECUTIVE OFFICER CACKETTE: Of

 5 course, we have installed thousands of particulate filters

 6 on trash trucks, on buses, on all kind of trucks. We

 7 continue to bring you regulations that require the

 8 retrofit filters on to existing diesel engines.

 9 This is pretty much the same thing. Here, we

10 have a small diesel engine, and there's commercial people

11 as you saw out there developing particulate filters for

12 the size for these small commercial engines. And we fully

13 expect they will be verified in time that someone can

14 package it together, whether it be Pony Pack or one of the

15 other diesel APU producers, such that on 2007 and newer

16 engines when you use this, it will clean up the air and

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17 not make the air dirtier. That's what we think will

18 happen.

19 And I'm going to ask someone in the back row here

20 if they want to briefly comment on why we think the

21 filters will work on this cycle of application, but we

22 know they work on other types of applications.

23 EMISSION RESEARCH AND REGULATORY DEVELOPMENT

24 BRANCH CHIEF CARTER: It's a simpler application because

25 of the type of operation. They typically operate under a

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 1 certain steady state condition. However, the challenge

 2 that they have is the temperature of the exhaust. And so

 3 that requires them to have active trap systems. On the

 4 bigger trucks, there are already some manufacturers

 5 verifying active trap systems. And we expect that, like

 6 you saw out in the front there, there are other

 7 manufacturers that are going to be coming online with the

 8 smaller traps, less expensive traps for this application.

 9 And the plan is -- at least the comment was made six

10 months for the plan to come forward going for

11 verification. So we believe that it will work because the

12 basic technology of how a trap works and how it

13 regenerates is consistant on a bigger truck where you

14 collect PM emissions and regenerate.

15 Also, just a comment. When we approach the

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16 solution for trucks, we tried to be technologically

17 neutral. And we considered a ban on APUs all together,

18 because there was so much movement in the alternative

19 technologies, like battery electrics and other available

20 cleaner technologies that we did seriously consider just

21 banning APSs. But we looked at what was coming down the

22 pipe in terms of PM technology, and we looked at the

23 industry using APUs -- diesel APUs right now, and we

24 decided to sort of strike a line in making an even playing

25 field for all technologies. I think that's what you have

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 1 here before you.

 2 ACTING CHAIRPERSON RIORDAN: Okay. Any questions

 3 for staff at this time?

 4 Let's move right along, Andrea Samulon.

 5 MS. SAMULON: My name is Andrea Samulon, and I'm

 6 a research associate with the Pacific Institute in

 7 Oakland. Thank you for this opportunity to comment.

 8 Today, you have an opportunity to close a

 9 loophole in California's diesel idling laws. The current

10 laws that limit idling of diesel trucks and buses to five

11 minutes are an important step in the right direction.

12 However, over half of the pollution from idling diesel

13 trucks comes from sleeper cabs who typically idle all

14 night long. In a single year, truck drivers can save more

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15 than $5,000 by not idling overnight. This figure is based

16 on current cost of fuel.

17 We know that diesel pollution for idling trucks

18 and buses pollutes our communities and poses a severe

19 public health threat. The exhaust from diesel fuel is the

20 number one toxic air contaminant in California,

21 contributing to 70 percent of all airborne cancer risk.

22 Diesel soot not only causes cancer, but it exacerbates

23 asthma and is linked to heart disease and premature death.

24 Of great concern, diesel remains a source of pollution and

25 disproportionately impacts lower income communities and

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 1 communities of color.

 2 Pacific Institute studies in West Oakland and

 3 West Contra Costa County have shown higher diesel

 4 emissions per square mile than their respective county or

 5 state averages. In West Oakland, residents face 90 times

 6 more diesel emissions per square mile than the state

 7 average. Some communities, like Bayview Hunters Point in

 8 West Oakland, have asthma hospitalization rates as much as

 9 ten times higher than neighboring communities.

10 Fighting diesel idling has become central to the

11 agenda of many community-based organizations, health

12 effected groups, environmental organizations, and trucking

13 associations. This week, over 20 groups came together in

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14 the Bay Area to kick off a broad anti-idling campaign,

15 very successfully, I might add. In keeping with CARB's

16 commitment to environmental justice and clean air for all

17 Californians, we urge you to close the loophole and limit

18 engine idling by the existing fleet of in-use heavy-duty

19 trucks.

20 Thank you.

21 ACTING CHAIRPERSON RIORDAN: Thank you very much.

22 Diane Bailey.

23 MS. BAILEY: Good afternoon. Ny name is Diane

24 Bailey. I'm with the Natural Resources Defense Council.

25 I'm happy to say I'm in strong support of the rule as

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 1 staff proposed. I'll make this very short.

 2 Last year, as you heard from Catherine, this

 3 Board adopted a five-minute truck idling rule. But at the

 4 last minute, the sleeper cab idling limit was taken out of

 5 the rule at the request of industry amidst concerns that

 6 the technology and the costs required for that rule were

 7 really uncertain and more work needed to be done.

 8 While staff agreed to do more research, and

 9 they've done exactly that, we really thank them for their

10 hard work and efforts on this. We are greatful they were

11 able to bring the rule back in a year, as they said they

12 would.

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13 This rule is important for so many reasons.

14 Namely, that it will achieve significant diesel emission

15 reductions, and also that there is a potential reduction

16 in diesel fuel use in California on the order of 3

17 percent, which is huge, from a single rule.

18 I also want to note this rule is already listed

19 as one of the strategies to reduce greenhouse gasses in

20 the Governor's climate action plan. And the state is

21 really counting on rules like this to meet the greenhouse

22 gas reduction goals.

23 Finally, this rule is technologically feasible,

24 highly cost effective, and health protective. And for

25 these reasons, we urge you to adopt this important rule as

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 1 staff proposed it. Thank you.

 2 ACTING CHAIRPERSON RIORDAN: Thank you very much.

 3 Karen Pierce.

 4 MS. PIERCE: Good afternoon, members of the

 5 Board. And I thank you also for the opportunity to speak

 6 to you.

 7 I'm a resident of Bayview Hunters Point in San

 8 Francisco. And I'm here today representing the Ditching

 9 Dirty Diesel Collaborative, which is a collaboration of

10 over 20 organizations in the San Francisco Bay Area. We

11 also have over 100 organizations on our list serve.

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12 On Tuesday morning, we launched our anti-idling

13 campaign called, "Don't sit idle." We provided

14 information about existing idling rules in San Francisco,

15 Oakland, Richmond, San Leandro, and Sonoma. Each one of

16 those is in a different county, so we covered five

17 counties.

18 We did this in areas that are directly effected

19 by high diesel emissions and that also have excessively

20 high rates for hospitalizations for asthma incidents. We

21 were joined in our effort not only by the air district --

22 which supported us and provided us with the funding to

23 present the information. We used door hangers. These are

24 the residential door hangers. We used door hangers for

25 truckers and hung them on the mirrors of the -- on the

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 1 trucks and buses. We were also joined by a number of

 2 businesses that rely on trucking. The Longshore Union was

 3 one of our supporters, and San Francisco Port was one of

 4 our supporters. They actually went out and hung our door

 5 hangers for us.

 6 We support the staff recommendation to close this

 7 idling loophole and help us to protect the residents who

 8 live near industries that rely on trucking. My

 9 understanding from sitting here today and listening is

10 that the technology is available and will both lessen the

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11 impact on air quality and be cost effective for truck

12 owners as well. It seems like a no-brainer to me. I

13 don't understand why we need to wait any longer to do

14 something that not only will clean up our air, but has

15 proven that it will protect the drivers, our children, our

16 elderly, and ourselves.

17 Thank you.

18 ACTING CHAIRPERSON RIORDAN: Would you mind

19 making the door hanger available to us?

20 MS. PIERCE: We will. And we'll send you some

21 copies. We have a longer-term program and we also have a

22 wonderful brochure. We'll send you that also.

23 ACTING CHAIRPERSON RIORDAN: Thank you very much.

24 Bonnie Holmes-Gen, followed by Don Anair, if

25 you'd come forward, please. Wayne Lorentzen, Bill

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 1 Magavern, and Todd Campbell, all please come down to the

 2 front low.

 3 MS. HOLMES-GEN: Good afternoon. I'm Bonnie

 4 Holmes-Gen with the American Lung Association of

 5 California. And we are pleased to be here today to

 6 strongly support this regulation as an important step

 7 forward for public health and the environment. This is a

 8 win-win situation for the breathers and for the truckers.

 9 Because as you've heard, these regulations not only

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10 substantially reduce toxic diesel fumes and greenhouse

11 gasses and reduce petroleum consumption, but also pay for

12 themselves in reduced fuel use in a very short time.

13 Why is it so important that you take action today

14 to approve this important regulation? Because this is

15 critical to public health. You're very well aware of

16 diesel health impacts, but just a quick reminder that

17 we're talking about diesel soot linked to asthma attacks,

18 increased respiratory infections, increasing evidence

19 about cardiac illnesses and hospitalizations, concern

20 about slow lung growth in childrn, lung cancer, and

21 premature deaths. And CARB has linked direct exposure to

22 diesel particulate to 3,000 premature deaths every year

23 and thousands of hospital admissions for causes.

24 There's also been recent research that has shown

25 that we're actually experiencing even more premature

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 1 deaths, more chronic health effects from pollution than

 2 previously believed. Over two to three times greater

 3 numbers of premature deaths than previously believed.

 4 We're very concerned about that. This is also a situation

 5 where you have alternative technologies that are readily

 6 available and will actually save money.

 7 We appreciate the Board's strong focus on diesel

 8 pollution control. The diesel risk reduction goal, 85

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 9 percent, is very aggressive. We appreciate that. And of

10 course, this is an important step forward to achieve that

11 aggressive goal.

12 We strongly support electrification alternatives

13 and want to see a strong focus on electrification in the

14 compliance measures. But while we do support

15 electrification, we can't support -- we cannot support a

16 delay in the regulation, because we do feel like it's so

17 important to capture those emission reductions as quickly

18 as possible, and clearly technologies to automatically

19 stop diesel idling are now available. We think we need to

20 move forward quickly, and we ask you to do that.

21 We urge to you strongly support this regulation,

22 to reject the arguments of the Engine Manufacturers

23 Association and the American Trucking Association to

24 delay. And we urge you to do whatever you can to further

25 incentivize and support the use of electric power options

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 1 in this regulation.

 2 The bottom line is that by approving this

 3 regulation, you are having a real impact on communities

 4 throughout the state, as you've just heard in terms of

 5 reducing the range of diesel health effects. And you are

 6 at the same time supporting important statewide policies

 7 to reduce greenhouse gas emissions, reduce petroleum

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 8 consumption, and to reduce our risk from diesel

 9 particulate exposure.

10 Thank you for your consideration.

11 ACTING CHAIRPERSON RIORDAN: Thank you very much,

12 Bonnie.

13 Don Anair.

14 MR. ANAIR: My name is Don Anair. I'm with the

15 Union of Concerned Scientists. Thank you for the

16 opportunity to comment.

17 My comments are pretty much in line with the last

18 four speakers. I've also submitted written comments on

19 behalf of over 20 organizations throughout California

20 across the state that are supportive of staff's proposal

21 today. These organizations consist of environmental

22 organizations, public health advocates, asthma groups,

23 community organizations, physicians, and concerned

24 residents.

25 The most important short- and long-term benefit

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 1 of this rule is cleaner air and improved public health.

 2 Idling trucks are responsible for over 8 percent of

 3 on-road diesel pollution in the state. Sleeper idling

 4 accounts for over half of these emissions. In staff's

 5 report for this additional measure today, they did not

 6 estimate the number of premature deaths that could be

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 7 avoided through this rule. However, I took the liberty of

 8 using staff's methodology in calculating that number, and

 9 that result is substantial. Over 36 premature deaths per

10 year could be avoided, assuming that the average pollution

11 from these trucks -- the pollution from these sleeper

12 trucks has the same exposure as the average diesel source

13 in the state. As we've heard today, obviously communities

14 are facing diesel trucks, and it is a big problem for

15 them.

16 Just to make a comparison about the magnitude of

17 the emissions reductions -- this could be a little

18 dangerous, but I wanted to do this. The PM emission

19 reductions -- the annual PM emission reductions expected

20 from the idling measure that is in front of you today

21 would be the equivalent of replacing every diesel transit

22 bus with the zero emission bus three times over. So just

23 to give you a sense of how big this rule is in terms of

24 public health benefit and reducing PM emissions, I think

25 that highlights the significance of this.

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 1 Also as Diane Bailey from NRDC mentioned, the

 2 fuel savings are enormous. With one regulation today, you

 3 could reduce more than 3 percent of the demand for on-road

 4 diesel fuel in California.

 5 Another thing I just wanted to mention and point

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 6 out, the greenhouse gas emission reductions from this

 7 regulation are very significant. In 2010, the greenhouse

 8 gas emission reductions expected from this rule are on the

 9 same order of magnitude as the emission reductions of

10 greenhouse gasses from the regulation you passed last year

11 for cars and trucks. So those emissions will start in

12 2008. So very significant in terms of global warming

13 emissions.

14 We are also supportive of incentives for the best

15 available technology that's out there, including

16 electrical equipment, and we support using incentive funds

17 to promote that technology.

18 ACTING CHAIRPERSON RIORDAN: Do you have a

19 concluding --

20 MR. ANAIR: I do. This is a win-win for

21 California's public health and for the economy. And I ask

22 that you support the regulation. Thank you.

23 ACTING CHAIRPERSON RIORDAN: Thank you very much.

24 Wayne Lorentzen, Bill Magavern, and Todd Campbell.

25 MR. LORENTZEN: Good afternoon, Madam Chair,

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 1 members of the Board, esteemed staff. My name is Wayne

 2 Lorentzen. I represent the California National Guard

 3 today. And I'm basically mirroring Mr. Freidman's

 4 statements with regard to the military tactical vehicles.

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 5 We request language be added to the exemptions to include

 6 military tactical vehicles as exempted vehicles.

 7 Thank you.

 8 ACTING CHAIRPERSON RIORDAN: Okay. I think

 9 that's hopefully accomplished. But we'll stay in touch

10 with you.

11 Bill.

12 MR. MAGAVERN: Good afternoon. My name is Bill

13 Magavern. I'm representing the 200,000 Sierra Club

14 members in California. And a number of our members have

15 contacted me in support of this proposed rule. I want to

16 thank the staff for an excellent proposal. This makes so

17 much sense that we hope the Board will adopt it today, put

18 it in place without delay, and make sure that it is

19 enforced fully.

20 The reductions in emissions of NOx, hydrocarbons,

21 particulate matter, and carbon dioxide, which of course is

22 the major greenhouse gas, are all very impressive. And

23 these will particularly benefit those low income

24 communities and communities of color that are

25 disproportionately impacted by diesel emissions. Diesel

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 1 emissions have become increasingly known as being as

 2 harmful as they are. And this Board has rightfully made

 3 it a priority to reduce those emissions.

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 4 We saw that the technology to make this rule work

 5 is available. It was demonstrated right outside. And the

 6 payback periods are really remarkably good.

 7 It's important to put this into effect also to

 8 allow for the kind of mixed use development that is the

 9 smartest way for California to grow. Because if we're

10 going to have commercial activity happening alongside of

11 residential life, as we should, that we need to make sure

12 that the people in those houses are not having to breathe

13 the diesel exhaust from idling trucks.

14 The fuel savings is really impressive from this

15 rule. It's amazing to me that in a country that is as oil

16 dependant as we are and when we've seen so frequently in

17 recent years the effects of that oil dependence that we're

18 allowing fuel to be wasted in idling.

19 Finally, the in-action of U.S. EPA in this area I

20 think is pathetic. And the fact that the federal

21 government has not been willing to go forward is hardly a

22 reason why California should also remain stagnant. On the

23 contrary, it's a reason why California needs to move ahead

24 with our own rule, the one that's before you today.

25 Thank you very much.

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 1 ACTING CHAIRPERSON RIORDAN: Thank you very much.

 2 Todd Campbell, I think is probably gone.

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 3 Thank you very much. I think that concludes our

 4 list of speakers.

 5 And, staff, do you have any further comments?

 6 EXECUTIVE OFFICER WITHERSPOON: Nothing further.

 7 ACTING CHAIRPERSON RIORDAN: All right. Close

 8 the record now, since all testimony and written

 9 submissions and staff comments for the item have been

10 entered into the record. The Board has not granted an

11 extension of the comment period. I'm officially closing

12 the record on this portion of the agenda item, 05-10-3.

13 Written or oral comments received after the comment period

14 has closed will not be accepted as part of the official

15 record on this agenda item. Or if there is a 15-day

16 change -- and which there is, correct, Ms. Witherspoon? I

17 will now close the record on this agenda item. However,

18 the record will be reopened when the 15-day Notice of

19 Public Availability is issued. Written or oral comments

20 received after this hearing date but before the 15-day

21 period is issued will not be accepted, which I'm just

22 re-reading, as part of the official record on this agenda

23 item. When the record is reopened for a 15-day comment

24 period, the public may submit written comments on the

25 proposed changes, which will be considered and responded

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 1 to in the Final Statement of Reasons for this regulation.

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 2 This requires ex parte disclosure, beginning with

 3 Supervisor DeSaulnier.

 4 SUPERVISOR DeSAULNIER: None.

 5 ACTING CHAIRPERSON RIORDAN: Ms. Berg?

 6 BOARD MEMBER BERG: Yes. I had two telephone

 7 conference calls, one was on October 11th with Diane

 8 Bailey and Don Anair. And that was consistent with their

 9 testimony today. The second phone call was on October

10 18th with IdleAire Technology, David Everhart and John

11 Ferhenbach. And that was also consistent with their

12 testimony today.

13 ACTING CHAIRPERSON RIORDAN: Dr. Gong.

14 BOARD MEMBER GONG: Thank you. I've had two

15 telephone conversations; one on October 6th with Bonnie

16 Holmes-Gen, Diane Bailey, and Don Anair. And then on

17 October 17th, I had a telephone conversation with the

18 IdleAire people, John Fehrenbach and David Eberhart. And

19 the content was consistent with their discussion today.

20 ACTING CHAIRPERSON RIORDAN: I have none to

21 disclose.

22 Yes, Supervisor Patrick.

23 SUPERVISOR PATRICK: Thank you.

24 On October 13th, I had a phone conference with

25 Bonnie Holmes-Gen, Diane Bailey, and Don Anair; and then

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 1 on October 17th, with Dave Modisette. And the

 2 conversations were consistent with their testimony today.

 3 ACTING CHAIRPERSON RIORDAN: Supervisor Roberts.

 4 SUPERVISOR ROBERTS: After being in China for a

 5 month, I don't have any to disclose.

 6 ACTING CHAIRPERSON RIORDAN: That's right. That

 7 does solve that problem, doesn't it?

 8 Board members, are there any questions of staff

 9 at this time? There is a Resolution before us, and --

10 SUPERVISOR PATRICK: Madam Chair, I would move on

11 Resolution 05-55, and also direct staff to work with the

12 military folks to make sure that their concerns are

13 accommodated.

14 BOARD MEMBER GONG: I second.

15 ACTING CHAIRPERSON RIORDAN: Any further

16 discussion?

17 Hearing none, I'll ask for the vote.

18 BOARD MEMBER KENNARD: I just had one comment.

19 ACTING CHAIRPERSON RIORDAN: Ms. Kennard.

20 BOARD MEMBER KENNARD: I'm delightfully proud

21 that I was characterized as having made a profound

22 statement. I'm going to keep this tape and play it back

23 to my children so maybe they'll understand how profound I

24 am.

25 But I do want to clarify that I do not see a

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 1 connectivity between changing the rules in this situation

 2 and not. So I just wanted to make that comment.

 3 ACTING CHAIRPERSON RIORDAN: Thank you.

 4 All those in favor of the motion signify by

 5 saying aye.

 6 (Ayes)

 7 ACTING CHAIRPERSON RIORDAN: Opposed, no.

 8 The motion carries.

 9 Just one little comment. The door hanger is

10 wonderful and a great way to get out information. But as

11 an educator, I just have one comment, Supervisor

12 DeSaulnier, which is, there are probably truck drivers

13 that would like more information. And I would think maybe

14 the Bay Area Management District might put their phone

15 number for more information on something. I realize this

16 probably goes to the Bay Area, your numbers to report.

17 But with somebody wanting to do something or trying to

18 understand what to do, it might be a smart thing to do.

19 SUPERVISOR DeSAULNIER: I will claim ignorance,

20 which I know people always feel that's truthful. But I'd

21 be happy to look at it.

22 ACTING CHAIRPERSON RIORDAN: Great idea. Great

23 idea. It would be great in rural areas where people often

24 park their trucks and start them and idle them. That's

25 another area. But that doesn't apply to the Bay Area.

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 1 You don't have any rural areas. I think we'll move on,

 2 but maybe give our reporter a bit of a break. How about a

 3 five-minute break? I think that's a good idea.

 4 (Thereupon a recess was taken.)

 5 

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 1 CERTIFICATE OF REPORTER

 2 I, TIFFANY C. KRAFT, a Certified Shorthand

 3 Reporter of the State of California, and Registered

 4 Professional Reporter, do hereby certify:

 5 That I am a disinterested person herein; that the

 6 foregoing hearing was reported in shorthand by me,

 7 Tiffany C. Kraft, a Certified Shorthand Reporter of the

 8 State of California, and thereafter transcribed into

 9 typewriting.

10 I further certify that I am not of counsel or

11 attorney for any of the parties to said hearing nor in any

12 way interested in the outcome of said hearing.

13 IN WITNESS WHEREOF, I have hereunto set my hand

14 this 1st day of November, 2005.

15

16

17

18

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19

20

21

22

23 TIFFANY C. KRAFT, CSR, RPR

24 Certified Shorthand Reporter

25 License No. 12277

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