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BOARD MEETING STATE OF CALIFORNIA AIR RESOURCES BOARD

JOE SERNA, JR. BUILDING CALIFORNIA ENVIRONMENTAL PROTECTION AGE NCY CENTRAL VALLEY AUDITORIUM, SECOND FLO OR 1001 I STREET SACRAMENTO, CALIFORNIA

THURSDAY, OCTOBER 20, 2005 9:07 A.M.

TIFFANY C. KRAFT, CSR, RPR CERTIFIED SHORTHAND REPORTER LICENSE NUMBER 12277

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345 Page 1truckidletranscript.txt

 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 Office r 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, S SD Ms. Barbara Fry, Chief, Measures Assessment Bra nch, 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-Dut y Diesel Section Page 2truckidletranscript.txt

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  iii APPEARANCES CONTINUED

STAFF Ms. Kathleen Mead, Manager, Retrofit Implementa tion Section, MSCD Mr. Rob Oglesby, Legislative Director, Office o f 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 fo r 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 t he San Mateo Transit District Ms. Staci Heaton, CTA Page 3truckidletranscript.txt

Mr. Steve Heminger, MTC

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  iv 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 Americ an Mr. Wayne Lorentzen, California National Guard Mr. John Maga Mr. Bill Magavern, Sierra Club of California Mr. Bruce Magnani, California Chamber of Commer ce Mr. Marty Mellera, SF Muni Mr. David Modisette, California Electric Transp ortation Association Mr. George Patterson, DuPont/NPCA Ms. Karen Pierce, Ditching the Dirty Diesel Col laborative 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 Page 4truckidletranscript.txt

Mr. Carl Sedoryk, MST Mr. Jim Sell, National Paint & Coating Associat ion

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345 

v 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 Maj ority Leader Dario Fromer Mr. Jason Vega, CCEEB Mr. Mike Veney, Sherwin-Williams/NPCA Mr. Gene Walker, Golden Gate Transit/CTA PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  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 Page 5truckidletranscript.txt

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

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345 

20 I'm take a moment while we change staf f, and 21 we're going to move on with our next item. 22 This is Agenda Item 05-10-3, on Propos ed 23 Requirements to Reduce Idling Emissions from Ne w and 24 Existing Diesel Trucks. 25 Last July, the Board approved a five-m inute

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  174 1 idling limit for diesel trucks and buses. Prev iously, in 2 2002, the Board adopted a rule to limit idling at and near 3 schools. However, we asked the staff to do som e 4 additional work on trucks equipped with sleepercabs, 5 because the issue is a little more complicated. The staff Page 6truckidletranscript.txt

6 has now finished that work and has brought us aproposal 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 e ffective 13 February 1st, and we have been working with loc al 14 districts and other agencies since then to educ ate 15 affected owners and operators about the rule an d enforce 16 the five-minute limit. However, the current ru le does not 17 apply to sleeper cabs, even though those trucks are the 18 largest contributors to statewide idling emissi ons -- I 19 should say those operations. During the 2004 h earing, 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 wa s 25 presented as follows.)

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  175 1 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 2 LEMIEUX: Good afternoon, Madam Chair and membe rs of the 3 Board. Today's presentation will summarize -- 4 --o0o-- Page 7truckidletranscript.txt

5 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 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 e missions 9 from extended idling on trucks equipped with sl eeper cabs. 10 --o0o-- 11 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 12 LEMIEUX: Today's presentation will first provi de 13 background information related to the proposal. This will 14 be followed by a discussion on the regulatory r equirements 15 of the proposal, the impacts this regulation wi ll have on 16 owners and operators of diesel trucks, the bene fits 17 associated with this proposal, and the issues b rought by 18 stakeholders. I will conclude with a summary a nd staff's 19 recommendation. 20 --o0o-- 21 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 22 LEMIEUX: Truck operators idle truck engines fo r 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 powe r take-off

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  176 1 equipment include concrete mixers, fire trucks, trash 2 trucks, mobile cranes, and vehicles with convey ors or 3 other loading and unloading devices. Page 8truckidletranscript.txt

4 Idling of the engine is also commonly used to 5 provide cooling or heating for the cab of the s leeper 6 berth while the truck operator waits to load an d 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, a nd 10 computers. It is also a common practice to idl e the main 11 engine to keep the engine warm in cold weather. 12 Idling the truck's large diesel engineis an 13 inefficient way to generate power for climate c ontrol and 14 running accessories or to keep the engine warm. Staff 15 proposal focuses on reducing this type of engin e idling 16 since it can be substituted using more efficien t and less 17 polluting means. 18 --o0o-- 19 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 20 LEMIEUX: In 2010, total statewide idling emiss ions from 21 both in-state and out-of-state trucks are estim ated to be 22 approximately 53 tons per day of oxides of nitr ogen; 4.6 23 tons per day of hydrocarbons; and 7/10s of a to n a day of 24 particulate matter. In addition to producing s mog-forming 25 emissions, idling trucks also produce greenhous e gas
PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  177 1 emissions such as carbon dioxide. It is estima ted that in 2 2010 sleeper trucks will emit approximately 1.1 mega tons Page 9truckidletranscript.txt

3 of greenhouse gas emissions per year statewide. Idling 4 trucks typically consume approximately one gall on per hour 5 of diesel fuel. This translated into approxima tely 2100 6 gallons per year of a truck that idles an avera ge of 7 six hours per day representing a significant co st for idle 8 operation. Also, idling an engine increases th e cost of 9 maintenance. 10 --o0o-- 11 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 12 LEMIEUX: To fulfill in part the requirements i n the 13 Diesel Risk Reduction Plan and the State Implem entation 14 Plan, or SIP, the Board in December of 2002 ado pted the 15 school bus idling air toxic control measure, orATCM. 16 This regulation limits idling of school buses, commercial 17 buses, and trucks at or near schools. Subseque ntly, 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 ex empts 22 sleeper trucks. At the time the rule was adopt ed, the 23 Board deferred consideration of sleeper trucks and 24 directed staff to come back with a comprehensiv e proposal 25 that considers idling emission requirements fornew diesel

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  178 1 engines and emission performance requirements f or Page 10truckidletranscript.txt

2 technologies used as alternatives to truck engi ne idling. 3 Staff's current proposal addresses these issues

. 4 --o0o-- 5 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 6 LEMIEUX: Staff's proposal consists of two majo r 7 components: In-use requirements, and new diese l engine 8 requirements. The proposed in-use requirements amends the 9 current commercial vehicle idling requirement t o include 10 sleeper trucks which would require all diesel t rucks 11 statewide to shut down the main engine within f ive 12 minutes. 13 The proposed new diesel engine require ments would 14 reduce idling emissions from new engines and ve hicles. 15 Specifically, staff's proposal would require ma nufacturers 16 to equip new diesel engines with an automatic e ngine shut 17 down system that shuts down the engine after fi ve minutes 18 of idling. Or as an alternative to the engine shut down 19 system, certifies engines to a low NOx idling e mission 20 standard. 21 The proposed regulation also addresses emission 22 performance of technologies used as an alternat ive to 23 truck engine idling. Specifically, emission pe rformance 24 requirements are proposed to ensure that emissi ons from 25 operating these technologies do not exceed thos e from an

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  179 Page 11truckidletranscript.txt

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 MANA GER 5 LEMIEUX: The proposed new diesel engine requir ements 6 apply to California certified diesel-fueled eng ines 7 installed on trucks with a gross vehicle weightrating 8 greater than 14,000 pounds. These requirements would 9 begin starting in the 2008 model year. These e ngines are 10 typically used in a variety of vehicles, such a s inner 11 city delivery trucks, utility trucks, trash tru cks, bulk 12 hauling trucks, tankers, construction trucks, i n-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 MANA GER 17 LEMIEUX: As previously mentioned, the proposed new engine 18 requirements would require engine manufacturers to equip 19 new California certified 2008 and subsequent mo del diesel 20 engines with an engine shut down system that au tomatically 21 shuts down the engine after five minutes of con tinuous 22 idling. The shut down system must be non-adjus table and 23 tamper resistant. Similar systems currently ex ist as a 24 programmable standard feature in modern electro nically 25 controlled diesel engines.

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  Page 12truckidletranscript.txt 180 1 As an alternative to the engine shut d own system, 2 a manufacturer may elect to control engine emis sions 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 i n 2010 and 6 later years when NOx after-treatment devices wi ll be used 7 to meet the stringent 2010 NOx emission standar ds. 8 --o0o-- 9 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 10 LEMIEUX: Staff's proposal would require the en gine shut 11 down system to automatically activate when the vehicle 12 stops, the transmission is set in the neutral o r park 13 position, and the parking brake is engaged. Th e engine 14 would then shut down after five minutes of cont inuous 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 powe r take-off 20 device. The system can also be overridden to w arm up the 21 engine during engine start-up under cold ambien t 22 conditions. 23 --o0o-- 24 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 25 LEMIEUX: With an automatic engine shut down sy stem,
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 181 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 th e operator 4 and an effective enforcement program. The auto matic shut 5 down system not only ensures compliance with sl eeper 6 trucks, but non-sleepers as well, especially si nce 7 non-sleepers typically can idle at essentially any 8 location throughout the state, making it diffic ult to 9 effectively enforce the idle restriction. 10 Since the engine shuts down after fiveminutes of 11 idling, this would encourage operators of sleep er trucks 12 to use a cleaner alternative technology to prov ide cab 13 comfort and power. As a result, the expected e mission 14 reductions from staff's proposal can be achieve d. 15 --o0o-- 16 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 17 LEMIEUX: As an alternative to the automatic sh ut down 18 system, staff proposal also provides manufactur ers the 19 option to certify engines to a low NOx idling e mission 20 standard of 30 grams per hour. During the deve lopment of 21 the proposed regulation, some engine manufactur ers request 22 that an option to certify engines to a new NOx idling 23 emission standard in lieu of an engine shut dow n system, 24 siting that NOx after-treatment devices may to some degree 25 reduce NOx emissions during extended idling ope ration. Page 14truckidletranscript.txt

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  182 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 theoperator 5 to continue to idle the main engine for more th an five 6 minutes and not require the operator to install 7 alternative cab comfort devices. Thus, the tru ck operator 8 would not be effected in any way with this opti on. 9 However, it is not yet clear whether t he low NOx 10 idling engine is technically feasible. This is because 11 NOx after-treatment devices, such as NOx absorb ers, 12 typically operate most efficiently when exhaust 13 temperatures are above 200 degrees Celsius, whi le exhaust 14 temperatures during extended idling reach no mo re than 150 15 degrees Celsius. 16 --o0o-- 17 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 18 LEMIEUX: Having discussed the new engine requi rements, 19 now we'll discuss the proposed amendments to th e in-use 20 idling ATCM that will effect all sleeper trucks , including 21 those registered out of state. 22 The in-use idling restriction requirem ents has 23 two components: One that directly affects idli ng of 24 sleeper trucks; and the second that affects tec hnologies Page 15truckidletranscript.txt

25 used as alternatives to main engine idling. As discussed

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  183 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 req uire 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 includ es a number 9 of exemptions where idling of the main engine f or more 10 than five minutes is allowed. Listed are a fewexamples 11 of the exemptions such as idling in traffic or during 12 repairs or performing work. 13 Staff is also proposing emission perfo rmance 14 requirements for alternative cab comfort device s depending 15 on the standard the main engine was certified t o. For 16 diesel engines certified to the more stringent 2007 and 17 subsequent heavy-duty diesel regulation, the al ternative 18 technologies used will need to be as clean or c leaner than 19 the main engine operating at idle. 20 --o0o-- 21 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 22 LEMIEUX: When the proposed idling restriction 23 requirements take effect in 2008, truck operato rs that Page 16truckidletranscript.txt

24 want to rest in their trucks during layover hou rs in 25 California will need an alternative cab comfortdevice to

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  184 1 provide cab cooling or heating and power for on -board 2 accessories during rest periods. Staff proposa l allows 3 the use of such alternative cab comfort devices

. 4 This slide will list some of the optio ns that the 5 operators can use to provide cab comfort and po wer. 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 hav e very 9 recently entered into the market and used batte ries to 10 provide heating, cooling, and electric power. 11 Fuel-fired heaters is a small device t hat uses 12 diesel fuel from the truck's fuel tank to provi de heat. 13 Thermal storage devices are also a recent intro duction and 14 store cooling energy when the truck is being dr iven, which 15 is later discharged to cool the sleeper cab whe n the 16 vehicle is stopped and the driver is resting. 17 Other options include plug-in electrif ied 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 stayat a truck 21 stop that provides off-board power, heating, co oling, such 22 as provided by IdleAire technology. This techn ology works Page 17truckidletranscript.txt

23 with any truck and does not require the install ation of 24 additional devices. 25 --o0o--

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  185 1 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 2 LEMIEUX: As mentioned earlier, staff's proposa l includes 3 emission performance requirements for alternati ve 4 technologies that produce emissions. Staff ide ntified the 5 diesel fueled APS as the most predominantly alt ernative 6 technology used today. Based on whether the di esel APU is 7 installed in a 2007 or newer truck or a 2008 an d 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 partic ulate 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 i nstalled in 19 a 2007 and newer truck, the APS must have its p articulate 20 matter emissions controlled, because the main e ngine will 21 be equipped with a PM filter that will reduce P M emissions Page 18truckidletranscript.txt

22 by 90 percent. In APS, PM emissions must be co ntrolled by 23 either broadening the APS exhaust through the P M filter of 24 the truck engine or retrofitting the APS with t he verified 25 Level 3 PM control device that must reduce engi ne-out PM

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  186 1 emissions by at least 85 percent. Without this 2 requirement, diesel APS installed on 2007 and n ewer trucks 3 will produce more particulate matter emissions than the 4 idling truck engine. Note that this requiremen t is a 5 major issue with the Engine Manufacturers Assoc iation, and 6 it will be discussed later when we discuss issu es raised 7 by stakeholders. 8 --o0o-- 9 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 10 LEMIEUX: Another alternative cab and engine he ating 11 technology commonly used today is the diesel fu el-fired 12 heater. Staff's proposal also sets emission pe rformance 13 requirements for these devices. Operators of p re-2007 14 trucks could install any commercially availablefuel-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 Page 19truckidletranscript.txt

21 manufacturers already currently produce fuel-fi red heaters 22 that meet the ULEV standards. 23 --o0o-- 24 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 25 LEMIEUX: Most electronically controlled engine s today are

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  187 1 equipped with engine shut down devices which ar e 2 software-based idle limit controls. However, t he current 3 engine shut down devices are programmed and usu ally not 4 activated when the engine is sold. Setting theidle time 5 is left to the truck operator, and they can eas ily be 6 overridden to allow the engine to idle continuo usly. 7 Therefore, staff expects engine manufacturers w ill comply 8 with this request to a change in the programmin g and 9 electronic engine software. As a result, staffexpects 10 that engine manufacturers will not incur any si gnificant 11 cost in developing the engine shut down technol ogy to 12 comply with the proposed requirements. 13 However, since the proposed requiremen t is a 14 California-only requirement, it is projected to have a 15 minimal cost impact on engine manufacturers. S taff cost 16 estimate includes changes to the engine softwar e and 17 additional administrative costs related to trac king those 18 engines destined for sale in California from th ose in the 19 other 49 states. Page 20truckidletranscript.txt

20 These costs may be further reduced sho uld engine 21 manufacturers elect to incorporate California's engine 22 shut down requirements and engines destined forsale in 23 other 49 states. Staff estimates a price incre ase of $100 24 per engine to cover the additional administrati ve costs 25 and minimal engine shut down reprogramming cost s.
PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  188 1 --o0o-- 2 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 3 LEMIEUX: Some engine manufacturers are current ly 4 developing fully integrated truck engine APS sy stems. 5 Such systems are expected to significantly mini mize a 6 perceived APS drawback associated with the high initial 7 cost and shorter maintenance intervals. 8 The trucks' heating and air conditioni ng system 9 are fully integrated with the APS system to pro vide a 10 reliable and low cost power supply. The APS en gine 11 consumes less fuel and produces significantly l ess 12 emissions. However, unless controlled, particu late matter 13 emissions will be more than those from the truc k engine if 14 the truck engine has a 2007 or newer model. Tw o of the 15 manufacturers developing such a system are Cate rpillar and 16 Cummins. 17 --o0o-- 18 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER Page 21truckidletranscript.txt

19 LEMIEUX: Traditional diesel fueled APSs are st and-alone 20 truck-mounted systems that provide climate cont rol to the 21 cab, heat the engine for cold weather starting, electrical 22 power to charge the batteries and operate on-bo ard 23 accessories. They were usually an aftermarket purchase. 24 A diesel-fueled APS typically uses fue l from the 25 truck's fuel system and consumes much less fuel than

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  189 1 idling the truck engine. It provides significa nt 2 reduction in oxides of nitrogen, hydrocarbon, c arbon 3 monoxide, and greenhouse gas emissions. As dis cussed 4 earlier, particulate matter emissions reduction s 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 cos t of the 8 diesel fuel APSs including installation range b etween 9 6,000 and $8500. 10 Because APS is installed on 2007 and l ater 11 trucks, we'll need to further control PM emissi ons used in 12 Level 3 verified PM reduction device. Staff ha s also 13 included the estimated cost of APSs with a veri fied PM 14 trap, which increases the overall cost of the A PS slide by 15 $2,000. The pictures show a few of the current ly 16 commercially available diesel-fueled APSs. 17 --o0o-- Page 22truckidletranscript.txt

18 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 19 LEMIEUX: Fuel-fired heaters are used to provid e heat to 20 the sleeper cab and also to the engine block fo r easy 21 engine start-up during cold weather. They can operate 20 22 or more hours on a gallon of diesel fuel and ty pically use 23 the fuel from the truck's fuel tank. They are relatively 24 small and inexpensive. The cost of these devic es range 25 between 1,000 to $3,000 installed.

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  190 1 --o0o-- 2 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 3 LEMIEUX: Battery electric APSs include a batte ry pack and 4 independent electrically-driven heating and air 5 conditioning system and inverter charger to pro vide 110 6 volts of electricity for on-board accessories. They are 7 capable of providing more than ten hours of con tinuous cab 8 comforts between charges. They require two to six hours 9 of charge time, which occurs during normal truc k 10 operation. The cost of such systems range betw een 4,000 11 and $10,000 installed. The higher amount corre sponds to 12 an advanced battery system, a heavy-duty altern ator, a 13 high capacity heating, and cooling system and a n inverter 14 charger. 15 --o0o-- 16 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER Page 23truckidletranscript.txt

17 LEMIEUX: Thermal storage systems are on-board systems 18 that utilize the truck's air conditioning syste m to store 19 cooling energy when the truck is operated. Thecooling 20 energy is later used to cool the sleeper cab wh en the 21 truck is stopped and the operator is resting. As with 22 battery electric APSs, these systems require fo ur to six 23 hours of truck operation for recharging. 24 The thermal energy storage system prov ides only 25 cooling. The cost of a commercially-available energy
PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  191 1 storage system including installation is approx imately 2 $3600. The system can be integrated with a fue l-fired 3 heater to provide both heating and cooling. A currently 4 commercially available system that includes a f uel-fired 5 heater costs approximately $4600 installed.
6 --o0o-- 7 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 8 LEMIEUX: Another alternative to truck engine i dling is 9 the development of an electrical infrastructureat truck 10 stops and other locations. Shore power with on -board 11 truck equipment involves the electrification oftruck 12 parking spaces at truck stops or other location s to 13 provide trucks with 110 volts of electric powerto operate 14 the sleeper cab climate control and on-board ac cessories. 15 It requires the parking spaces to be equipped w ith Page 24truckidletranscript.txt

16 electrical outlets, and trucks need to be equip ped with 17 inverter chargers, electrical power connections , and 18 electrically-driven heating and air condition s ystem. 19 The power infrastructure costs range b etween 3500 20 and $6,000 per truck parking space. The cost f or add-on 21 parts to the truck, which includes the electric air 22 conditioning unit and an inverter charger and e lectrical 23 connection, is approximately $4,000 installed.
24 --o0o-- 25 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  192 1 LEMIEUX: An alternative to typical shore poweris the 2 off-board power infrastructure being developed by IdleAire 3 Technologies. This technology provides 110 vol ts of 4 electrical power for on-board accessories, an e xternally 5 installed heating and air conditioning system, and 6 hook-ups for telephone and internet and televis ion 7 services at each parking space. The unit is co nnected to 8 the window through a console placed in the truc k window. 9 Currently, the cost for basic services that pro vide only 10 climate control ranges between $1.60 and $1.88 per hour. 11 The infrastructure costs at truck stops or othe r locations 12 range between 12,000 and $20,000 per parking sp ace. 13 --o0o-- 14 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER Page 25truckidletranscript.txt

15 LEMIEUX: This table shows the costs and the pa yback 16 periods of alternative technologies. As you ca n see from 17 the table, the pay-back period from fuel saving s alone 18 ranges between seven months for an inverter cha rger with 19 and electrically heated heating and air conditi oning 20 system to be a little more than two years for t he 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 pe r gallon 24 and does not include savings from reduced maint enance 25 costs for the main engine. Staff expects that when the

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  193 1 proposed regulation takes effect in 2008, the p ayback 2 periods will be much lower than what is shown i n this 3 table. Because it is expected that diesel fuel prices 4 will be higher in 2008, while the cost of the a lternative 5 technologies will go down due to reduced produc tion costs 6 with the expected increase in sales volume. 7 --o0o-- 8 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 9 LEMIEUX: Staff's proposal will also effect Car l Moyer 10 Program funding for auxiliary powered systems. If staff 11 proposed requirements are adopted starting in 2 008, 12 funding for alternative technologies may be pos sible for 13 technologies that goes beyond the proposed requ irement: Page 26truckidletranscript.txt

14 That is, technologies that are cleaner than a d iesel APS. 15 Such technologies may include battery electric APSs, 16 thermal storage systems and truck on-board equi pment for 17 use with on-shore power. Systems qualifying fo r the Carl 18 Moyer program will result in less cost for the owner and 19 will significantly reduce the payback period fo r the 20 device. 21 Under the proposed guidelines, staff w ill return 22 to the Board next month to revise the Carl Moye r Program 23 funding guidelines, including funding for techn ologies 24 that provide benefits beyond staff's idling pro posal. 25 --o0o--

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  194 1 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 2 LEMIEUX: Now I'll cover the emission benefits expected 3 from this proposal. This table displays a proj ected 4 statewide emission reduction from both Californ ia and 5 out-of-state sleeper trucks in 2010. It is pro jected 6 there will be over 75,000 sleeper trucks in 201 0 on a 7 daily basis in California. Assuming full compl iance with 8 the proposed regulation, statewide emissions wi ll be 9 reduced by approximately 46 tons per day of oxi des of 10 nitrogen, 4.2 tons per day of hydrocarbon, and 4/10 of a 11 ton per day of particulate matter, and approxim ately 1,930 12 tons per day of greenhouse gas emissions. Page 27truckidletranscript.txt

13 --o0o-- 14 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 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 re ductions in 20 locations disproportionately impacted by air po llution 21 from other sources, such as truck stops, ports, 22 distribution centers, and warehouses. 23 In addition, staff's proposal is consi stent with 24 the Governor's Executive Order to reduce greenh ouse gas 25 emissions. Staff's proposal reduces greenhousegas
PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  195 1 emissions by approximately one megaton per yearin 2010. 2 Staff's proposals is consistent with t he ARB and 3 California Energy Commission's policy recommend ations to 4 reduce the demand of petroleum use through anti -idling 5 measures. Assuming full compliance, staff prop osal would 6 result in reduced fuel consumption of approxima tely 160 7 million gallons of diesel fuel per year in 2010 in 8 California. 9 --o0o-- 10 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 11 LEMIEUX: The Engine Manufacturers Association, or EMA, Page 28truckidletranscript.txt

12 has raised several issues related to staff's pr oposed 13 requirements. The EMA has stated that staff's proposed 14 requirements change the current agreed upon pra ctices of 15 fully aligning and harmonizing the recently ado pted 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 an d that it 19 violates the lead time and stability requiremen ts as 20 required by federal law. 21 In response to EMA's comments, staff b elieves 22 that this proposal does not violate any agreeme nt made 23 with engine manufacturers. Staff proposal safe guards the 24 already adopted 2007 heavy-duty diesel engine s tandards by 25 requiring APSs to have PM emissions that are atleast as

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  196 1 clean. Thus, staff's proposal provides an oppo rtunity for 2 diesel-fueled APSs to compete in this market. More 3 importantly, it should be emphasized that the r equirement 4 to install a particulate filter would likely no t even 5 apply to the engine manufacturer. The engine m anufacturer 6 could continue to produce and sell Tier 4 compl iant 7 engines in California. The truck operator woul d be 8 responsible for having the particulate filter i nstalled. 9 With regard to the new engine requirem ent, staff 10 proposal only requires a non-adjustable automat ic engine Page 29truckidletranscript.txt

11 shutoff device. The optional low NOx idling st andard was 12 proposed to accommodate several engine manufact urers' 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 MANA GER 18 LEMIEUX: The American Trucking Association, orATA, and 19 the California Trucking Association, or CTA, al so raised 20 issues stating that more lead time is needed fo r truck 21 operators and owners to adjust to the proposed 22 requirements. Furthermore, they raise the issu e that the 23 inconsistent patterns of states and local idlin g 24 restriction laws nationwide make it difficult f or truck 25 operators to understand and comply with the law s and thus

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  197 1 would prefer a nationwide requirement working i n 2 coordination with the U.S. EPA. They state tha t this 3 approach would provide consistency for truck op erators. 4 Staff does not believe this implementa tion date 5 or the proposed requirement should be delayed. First, 6 emissions from idling trucks are significant an d need to 7 be addressed today. Second, cost effective alt ernative 8 technologies with a payback period of less than two years 9 are already commercially available. Finally, t he U.S. EPA Page 30truckidletranscript.txt

10 currently does not have any plans for adopting a 11 nationwide idling requirement. 12 --o0o-- 13 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 14 LEMIEUX: Staff has reviewed comments submitted by the 15 public regarding this proposal during the 45-da y notice 16 process. Based on those comments, staff is pro posing 17 15-day changes to the regulation language for t he new 18 engine requirements related to one of the PTO o verride 19 provisions to address safety concerns. 20 Also, staff is proposing two modificat ions to the 21 amendments to the in-use idling ATCM requiremen ts. The 22 first will allow battery electric infrastructur e or 23 technologies related to the usage of electric s hore power 24 to offer these technologies as alternatives wit hout prior 25 Executive Officer approval. The second will cl arify

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  198 1 language regarding electric shore power availab ility as a 2 compliance option. 3 --o0o-- 4 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 5 LEMIEUX: In summary, staff's proposed regulati on 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 require ments in Page 31truckidletranscript.txt

9 the SIP and the Diesel Risk Reduction Plan. Italso 10 provides significant emission reductions at loc ations such 11 as truck stops, ports, distribution centers, an d 12 warehouses, and therefore helps achieve the Boa rd's 13 environmental justice policy. It is consistent with 14 achieving the Governor's greenhouse gas emissio n reduction 15 goals and ARB and California Energy Commission' s fossil 16 fuel consumption reduction goals. Alternatives are 17 technologically feasible, and the payback perio ds are less 18 than two years. 19 Staff, therefore, recommends that the Board 20 approve this proposal. Thank you. This conclu des 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 Boar d, the

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  199 1 Engine Manufacturers Association, Truck Manufac turers 2 Association, California Trucking Association, A merican 3 Trucking Association, Manufacturers of Emission Controls 4 Association, engine dealers, manufacturers of a lternative 5 technologies, and the U.S. EPA provided input a nd comments 6 to staff's current proposal as well as to staff 's proposal 7 during the development of the in-use airborne t oxic Page 32truckidletranscript.txt

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 th e Diesel 11 Risk Reduction Plan and in the State Implementa tion Plan. 12 Staff held two public workshops to dis cuss 13 proposed actions and to solicit ideas and feedb ack from 14 stakeholders. The first workshop was held on J une 4th, 15 2003, and the second on March 23th, 2005, both in El 16 Monte. The public workshops were also accessib le by 17 teleconference and with the ability to ask ques tions and 18 receive responses. Approximately 40 persons at tended each 19 of the two workshops. Attendees included the 20 representatives from the groups previously ment ioned plus 21 members of the public. 22 Staff held six conference calls with E MA and its 23 members on September 23rd, 2003; December 18th, 2003; 24 April 2nd, 2004; December 2nd, 2004; February 2 8th, 2005; 25 and September 29th, 2005. Staff also held one in-person

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  200 1 meeting and two conference calls with the Truck 2 Manufacturers Association and its members. Themeeting 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 aconference Page 33truckidletranscript.txt

7 call with both the CTA and the American Truckin g 8 Association. Additionally, staff held conferen ce calls 9 with staff of the U.S. EPA on March 24, 2005, a nd 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 ma iled to 13 stakeholders. The staff report was made availa ble as a 14 web document only. Hard copies of the staff re port and 15 the proposed regulatory amendments are made ava ilable to 16 the Sacramento Public Information Office on Sep tember 2nd, 17 2005. The Notice was mailed to a total of 1,77 0 18 subscribers. The list serve dedicated to the c urrent 19 proposal, the truck idling list serve, has 790 20 subscribers. In addition, the Notice of Rulema king 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. Theselists have 24 1,013, 802, and 6,295 subscribers respectively. 25 This concludes my comments. Thank you

. PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  201 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 quest ion about Page 34truckidletranscript.txt

6 the U.S. EPA. I was a little surprised to see there's no 7 EPA position on this idling business, this proc ess. 8 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 9 LEMIEUX: When we initiated this process back i n 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 b een working 12 on a program where it was sort of a voluntary p rogram 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 ca n see when 16 we were working with them, they weren't getting very much 17 progress. It wasn't progressing very fast in t erms of 18 getting technology on these trucks. So at thattime they 19 were not interested in pursuing any kind of reg ulatory 20 action for diesel idling. And to this date, th ey do not 21 have any plans to do such. 22 EXECUTIVE OFFICER WITHERSPOON: Dr. Go ng, 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 r ulemaking,

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  202 1 and the Tier 3 rulemaking that's underway right now for 2 locomotives and marine vessels. So it was lowe r on their 3 priority list. Not that they are against havin g idling 4 regulations, they just don't have time to devel op them. Page 35truckidletranscript.txt

5 And they instead had other staff working on sma rt way 6 transportation for greenhouse gas reductions ac tually. 7 But it will be a while before they get around t o it on the 8 regulatory side. 9 ACTING CHAIRPERSON RIORDAN: Ms. Kenna rd. 10 BOARD MEMBER KENNARD: First of all, s taff, 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 MANA GER 16 LEMIEUX: That means power take off devices. I t'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 equipm ent. 20 BOARD MEMBER KENNARD: Thank you. 21 ACTING CHAIRPERSON RIORDAN: Any furth er 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 yo u have 25 written testimony, we'll make that part of the record, but

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  203 1 please put in your own succinct words what yourposition 2 is. 3 Dawn Friest, Will Schaefer, Mike Tunne ll, Staci Page 36truckidletranscript.txt

4 Heaton, Randal Friedman, Jason Vega, and Rolf L ichtner, 5 all in the front row, please. We're going to s tart 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 engi nes used in 11 heavy-duty on-highway trucks and the small non- road diesel 12 engines which power APS units, both of which ar e 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 exemptio n, 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, infeasibl e, and 23 fundamentally unfair rule that is strongly oppo sed by EMA. 24 ARB's proposal is not only technologically infe asible and 25 in violation of the lead time and stability req uirement of

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  204 1 the Federal Clean Air Act, but is also a direct breach of 2 ARB's repeated commitments to maintain full ali gnment with Page 37truckidletranscript.txt

3 EPA's non-road Tier 4 rule. 4 EMA's concerns are more fully explaine d in our 5 written comments. And I'm going to focus on ou r most 6 significant objections to the pending rulemakin g proposal. 7 ARB's proposed APS standards representa blatant 8 breach of the repeated commitments and assuranc es that ARB 9 staff made to EMA and its members pledging thatARB would 10 maintain harmonization with EPA's Tier 4 non-ro ad engine 11 standard. ARB's pledge was key to our unpreced ented 12 support of the Tier 4 non-road rules. A critic al element 13 of those rules, which this Board approved and a dopted so 14 recently, is the conclusion that after-treatmen t forcing 15 PM standards are not cost effective or technica lly 16 feasible and should not be mandated for non-roa d engines 17 in the less than 25 horsepower range, the engin es used in 18 APS units. 19 Indeed, the non-road rule as agreed to and 20 adopted by ARB explicitly acknowledges that thecontinued 21 appropriateness of the decision not to proceed with 22 after-treatment forcing PM standards will be re viewed as 23 part of the 2007 technology review. Nothing ha s changed 24 since the Board's approval of the Tier 4 standa rds. PM 25 after-treatment technology is still inappropria te for the

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  205 1 small off-road engines that power APS units. Page 38truckidletranscript.txt

2 Despite all this, ARB staff is proposi ng here 3 today to ignore the relevant facts while also r eneging on 4 their own determinations and assurances regardi ng this 5 issue. It is difficult to image a more fundame ntal and 6 egregious breach of trust and even more difficu lt to 7 ignore the impact that this breach will have on future 8 collaborative efforts with ARB, including thosepertaining 9 to the ARB's pending Tier 4 rule. 10 Beyond ARB's breach of trust, the simp le reality 11 is that APS units equipped with PM after-treatm ent systems 12 are not feasible and so will not be available a s of 2008, 13 nor are the new engine idle shut down standards and low 14 NOx idling emission standards feasible as propo sed 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 o f sleeper 19 trucks faced with the mandatory shut down of th eir 20 vehicles are likely to have no available cost e ffective 21 option to heat, cool, and otherwise maintain th e 22 environment within their cabs to allow for adeq uate rest 23 and safe alert operation of those vehicles. 24 ACTING CHAIRPERSON RIORDAN: And I nee d a 25 concluding.

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  206 Page 39truckidletranscript.txt

1 MS. FRIEST: The Board should not adop t the 2 pending proposal, but instead should direct sta ff to work 3 with interested stakeholders to develop fair an d feasible 4 alternative requirements to control idling emis sions. 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 seenone 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 C hairman and 13 members of the Board, CARB staff. My name is W ill 14 Schaefer. I'm with the Truck Manufacturers Ass ociation. 15 The Truck Manufacturers Association, or TMA, re presents 16 the major Northern American manufacturers of Cl ass 6, 7, 17 and 8 medium and heavy-duty trucks. 18 Over the past two years, we have appre ciated the 19 opportunity to work directly with CARB staff du ring the 20 development of CARB's current operator engine s hut down 21 requirements and subsequently this idle reducti on 22 equipment proposal. We support the policy thatwhenever 23 practicable, trucks ought not be left idling fo r extended 24 time periods. We also believe that requiring truck 25 operators to take reasonable and easily accompl ished steps

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  Page 40truckidletranscript.txt 207 1 to achieve this objective is the most effectiveway to 2 reduce unnecessary idling. 3 Since last year, in the face of increa sed fuel 4 prices, we've seen an appreciable increase in t he 5 market-driven interest and demand for a varietyof systems 6 that enable truck operators to safely and comfo rtably stay 7 in their sleeper berth equipped trucks without having to 8 idle the vehicle's prime engine. For the firsttime, 9 truck equipment manufacturers are offering such systems as 10 integrated options. We view this as a positivetrend that 11 should be encouraged and financially incentiviz ed, as 12 California and other state and local government s are 13 doing. 14 We do not believe that CARB has allowe d 15 sufficient time for market forces to take effec t. Since 16 demand is up and incentives are proving effecti ve, we 17 strongly encourage the ARB to reconsider implem enting 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 mo del year 21 vehicles a longer exemption period beyond the 2 008 22 effective date in the proposal. 23 On a detailed level, the labeling requ irements 24 proposed are too restrictive in terms of the de tailed 25 design and size of the levels and the proposed location on

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345 Page 41truckidletranscript.txt

 208 1 the vehicle. If labelling becomes necessary, s maller 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 accepta ble 10 solutions. 11 In summary, we continue to believe thecurrent 12 combination of operator focus requirements and financial 13 incentives is the most effective way to move th e industry 14 to adapt and solve this issue. Soaring fuel co sts 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 Ch air 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 support s efforts Page 42truckidletranscript.txt

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  209 1 to reduce unnecessary idling and ultimately wor k 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 idl ing 5 reduction initiatives including the U.S. EPA's smart way 6 transport partnership and the recently passed e nergy bill. 7 The proposed changes to the state's id ling 8 regulation raised three primary concerns among ATA 9 members. These concerns include, one, the abil ity of 10 fleets to test and evaluate proposed complianceoptions 11 prior to widespread deployment. Two, the avail ability of 12 the enormous amount of capital required for com pliance. 13 And three, the need to ensure a safe, comfortab le resting 14 environment for drivers. 15 One of the main lessons learned from t he 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 contro l 19 technologies. Ideally, fleets would like two-years lead 20 time to test and evaluate equipment, two summer s and two 21 winters. Since APS manufacturers will just hav e over 22 two years to develop compliant equipment, if fe asible, 23 fleets will not have adequate time to test and prove the 24 reliability of 2007-plus APS technologies in ov er-the-road Page 43truckidletranscript.txt

25 operations.

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  210 1 Secondly, we believe that trucking bus inesses 2 will need to spend billions of dollars over thenext 3 two years to comply with the proposed regulatio n. Like 4 other businesses and consumers throughout Ameri ca, the 5 trucking industry is facing unprecedented incre ases in 6 operating expenses as a result of higher energyprices. 7 Combined with federal regulations effecting die sel 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 b usinesses, 11 especially small businesses, will be strained. 12 Lastly, for some trucking businesses, their only 13 compliance will be to shut down their trucks wh ile 14 sleeping in the state. Given the temperature e xtremes 15 found in California, this option has the potent ial of 16 compromising the quality of driver rest and veh icle 17 security. Drivers and public safety need to beconsidered 18 as part of this rulemaking. 19 For these reasons, ATA requests the Bo ard 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 Page 44truckidletranscript.txt

24 high capital cost of this equipment. In additi on, a more 25 reasonable implementation schedule is needed to ensure the

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  211 1 proper development and fleet testing of the adv anced 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 co nsistent, 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 mu ch. 9 Any questions? 10 Ms. Berg. 11 BOARD MEMBER BERG: Maybe you can clar ify for me. 12 In your written testimony, you have that the tr ucking 13 industry is spending 85 billion on fuel this ye ar, 23 14 billion more spent than last year. And so whatabout 15 reducing the idling and the cost that you'll sa ve 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. B ut you 21 still have to -- much like putting in energy ef ficient 22 windows and solar panels to reduce your energy bill, you Page 45truckidletranscript.txt

23 have to get a capital cost to get that equipmen t on your 24 truck before you can gain any savings from it. 25 BOARD MEMBER BERG: But the capital co sts they're

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  212 1 looking at, are you in disagreement it's going to cost 2 between 3- to I think $10,000, and their recoup ing can be 3 from seven months to two years depending on wha t system 4 you choose? 5 MR. TUNNELL: Well, I would agree thatthe cost 6 can be upwards in the $10,000 area. 7 Now, in terms of their payback time, s ome fleets, 8 it depends on how much you idle. In some fleet s, it would 9 take them very aggressive measures to already r educe 10 idling. So their payback time may be much long er 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 i s getting 14 deployed today. I think the main problem with this 15 proposal is that expedited time frame you're be ing asked 16 to phase this in. In the next two years, I jus t cannot 17 envision all of -- 18 BOARD MEMBER BERG: How much time do y ou need? 19 MR. TUNNELL: Well, like we say in ourcomments, 20 ideally we would like two years of time to eval uate this 21 technology. And for -- Page 46truckidletranscript.txt

22 BOARD MEMBER BERG: When do you want i t 23 implemented? 24 MR. TUNNELL: When do I want to implem ent it? 25 Okay. What we need is two things. One is the technology

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  213 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 w hat you're 5 asking for? 6 MR. TUNNELL: You'd have to check with the 7 manufacturers when they believe this technologycan be put 8 in place on on-the-road trucks. And then give us 9 two years after that. And while we're doing th at, 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 o f the 14 diesel, I think. 15 MR. TUNNELL: Right. But you need themoney 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 lo ve to do 20 more. But the cash flow isn't there." Page 47truckidletranscript.txt

21 So anything we can do to bring this te chnology 22 forward in the sense of additional funding woul d be very 23 beneficial. 24 BOARD MEMBER BERG: Thank you very muc h. 25 ACTING CHAIRPERSON RIORDAN: Any otherquestions?

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  214 1 Dr. Gong. 2 BOARD MEMBER GONG: My understanding i s that some 3 of this technology is available. I mean, I'm n ot sure how 4 in terms of scale. But I think some of these t echnologies 5 are well along the way. Perhaps some of the sp eakers who 6 will follow you will discuss that. But I'm sur e 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 importan t thing to 10 remember there, if I may, is, you know, there i s 11 technology out there today. Now, you're implem enting some 12 new standards on this technology in a couple ye ars. And 13 as I understand it, there really is no peer rev iew science 14 of whether this really works in this applicatio n. So 15 that's kind of what I'm looking for, is let's g et 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 cond itions on a 19 daily basis and get beat up in truck operations

. Page 48truckidletranscript.txt

20 Give us two years from that date to gi ve our 21 fleets adequate time to -- because, you know, i f you think 22 about it, if you need to buy 50 VCRs and you di dn't have 23 Consumers Reports, what would you do? You woul dn'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

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  215 1 buying, especially in the quantities you're bei ng asked to 2 buy this. 3 ACTING CHAIRPERSON RIORDAN: I think t hat's fine. 4 Moving right along, Staci Heaton. 5 MS. HEATON: Good afternoon, Madam Cha ir and 6 members of the Board. My name is Staci Heaton. I'm the 7 Director of Environmental Affairs for the Calif ornia 8 Trucking Association, and our members really wa nted to 9 support this. They really did. And we really talked a 10 lot and really worked a lot with your staff. A nd we did 11 support the time limit regulation that was adop ted last 12 year in July of '04, the five-minute idling lim it. 13 Unfortunately, we come before you with an opposed 14 position today. Drivers of hauling over-the-ro ad and 15 interstate freight, they are subject to federal hours of 16 service laws. They have 14 on-duty hours, 11 o f those can 17 be spent driving. Once those hours are done, t hey're 18 done. They have to be off duty for ten solid h ours. Page 49truckidletranscript.txt

19 Unfortunately, because of delays, because of th ings like 20 traffic conditions and delays at the terminals where 21 they're making their deliveries, they cannot al ways plan 22 when and where they're going to stop what. Wha t that 23 means is that really the only feasible method b y 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

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  216 1 capital outlay cost to an industry that makes a1 to 2 2 percent profit margin. 3 And we're under extreme competitive en vironments 4 in the trucking industry. Companies will hire the 5 trucking companies that are cheapest, bottom li ne. So 6 that means the ones that don't comply and charg e 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 effe ctively 10 puts a stop to the progress that has been made by 11 technologies like IdleAire and shore power, bec ause a 12 truck driver cannot always make it to a truck s top before 13 he runs out of hours of service. Therefore, AP S is the 14 only way for a truck owner to make sure his dri ver is 15 protected and can rest whenever he needs to sto p. 16 We also are opposing the shutoff devic e. And the 17 main reason we're opposing the shutoff device i n 2008 and Page 50truckidletranscript.txt

18 model year trucks is because they will be on al l trucks, 19 including those that don't have sleeper cabs. And, again, 20 a driver does not know when they're going to ru n into 21 weather conditions or other conditions under wh ich they're 22 going to have to stop. If there's an emergencysituation, 23 a driver of a regular truck won't be able to ov erride that 24 shut down device and won't be able to run theirair 25 conditioner or heater if they need to. A truck driver

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  217 1 cannot leave their truck if they want their car go 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 bat tery 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 i s what's 14 going to be necessary to comply with this regul ation. 15 That means a trucking company can't rely on sho re power, 16 can't rely on IdleAire and would have to equip every Page 51truckidletranscript.txt

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 ha ve some 22 overriding capability. 23 ON-ROAD HEAVY-DUTY DIESEL SECTION MANA GER 24 LEMIEUX: Yes. If somebody is in the truck, yo u can 25 override the shut-down mechanism by touching th e gas
PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  218 1 peddle, touching the brake peddle, the clutch p eddle and 2 continue that operation. So in a situation if you're in a 3 severe weather condition and you're stuck in yo u truck, 4 you can keep your engine operating indefinitely . It's 5 just when the operator jumps out of his truck a nd is 6 running around doing errands and typical behavi or, is to 7 leave their truck idling, there will be a warni ng sound in 8 the truck. And if they don't touch the brake o r the gas 9 peddle, they'll shut down within that five-minu te period. 10 BOARD MEMBER BERG: Thank you. So wou ld 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 driveris stuck 14 sitting in his driver's seat pushing the brake peddle for 15 however long he's stuck. That doesn't along hi m to rest Page 52truckidletranscript.txt

16 or to stop or to do anything like that. 17 BOARD MEMBER BERG: But the example yo u gave was 18 in the case they were stuck in weather. So the y 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 severa l hours, 23 that does mean they're going to have to continu e to touch 24 that brake peddle. 25 ACTING CHAIRPERSON RIORDAN: Okay. I think

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  219 1 that's all. Thank you. 2 MS. HEATON: Thank you. 3 ACTING CHAIRPERSON RIORDAN: Yes, Supe rvisor 4 Roberts. 5 SUPERVISOR ROBERTS: If they're stuck for several 6 hours, that's precisely when you want them to s hut it off. 7 MS. HEATON: Right. Exactly. 8 SUPERVISOR ROBERTS: So what's the pro blem? 9 MS. HEATON: Well, if they're shutting the truck 10 off, they can't run their heater or air conditi oner 11 without an APS system. If they're not in a sle eper cab 12 with an equipped APS, that means they have to j ust have 13 their truck shut off or continue to tap the bra ke peddle. 14 ACTING CHAIRPERSON RIORDAN: Thank you

. Page 53truckidletranscript.txt

15 Randal Friedman, Jason Vega. And let me just 16 tell the next group, David Everhart, John Fehre nbach, 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 ofthe Board, 21 my name is Randal Friedman from Navy region sou thwest. 22 I'm here representing the military services in California. 23 I have just a couple of very quick items regard ing the 24 shutoff. 25 We would like to seek clarification th at the

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  220 1 automatic shutoff would not apply to military t actical 2 vehicles operating in California after 2008. I 've already 3 talked with your staff about this, and they inf ormed 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 orig inal idling 7 rule where we came to you at the hearing. You did add an 8 exception for military training. While you cou ld broadly 9 consider military training to include most anyt hing 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, b ut the 13 other main aspects of military use of tactical vehicles. Page 54truckidletranscript.txt

14 Thank you. I'm available for questions. 15 ACTING CHAIRPERSON RIORDAN: Staff, ca n you 16 respond to the two requests? 17 EMISSION RESEARCH AND REGULATORY DEVEL OPMENT 18 BRANCH CHIEF CARTER: Yes, I can. He's correct . I did 19 speak to that gentleman before today, and I ass ured him we 20 will work that out with them in the 15-day proc ess. 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 s ure he gets 25 a clarification.

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  221 1 EMISSION RESEARCH AND REGULATORY DEVEL OPMENT 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 Chairand 6 members of the Board. My name is Jason Vega. I'm 7 representing the California Council for Environ mental and 8 Economic Balance. CCEEB is neutral on this rul e. But I 9 want to take this opportunity to make two brief 10 statements. 11 The first is, we fully support the ide a that 12 incentive programs such as Carl Moyer is integr ated into Page 55truckidletranscript.txt

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 thi nk it might 18 be prudent to revisit the start date issue at alater 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 C hair, Board 24 members, CARB staff, ladies and gentlemen. My name is 25 Rolf Lichtner. I'm representing Webasto Produc t North

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  222 1 America. 2 For over 100 years, Webasto has gone f rom being a 3 metal components manufacturer to a global partn er of the 4 transportation industry. The driving force the n as well 5 as now is the quest for innovative solutions th at best 6 serve our customers' needs. 7 Today, Webasto has over 6,260 employee s in 45 8 countries and is operating in North America forover 30 9 years. The annual total revenue is close the $ 2 billion. 10 Webasto is still family-owned, and the majorityof profits 11 are being invested in new research and developm ent. Page 56truckidletranscript.txt

12 Only this tremendous commitment made i t possible 13 to invent, for example, our new Blue Cool Truck parking 14 cooler and to have it commercially available to day, as you 15 could see during lunch. 16 Webasto applauds staff's effort to reg ulate 17 idling. Idling contributes significantly to th e overall 18 emission inventory. Idling wastes precious ene rgy. 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 availabl e as a 22 factory option for all major truck manufacturer s, and they 23 can be retrofitted as well. These heaters prov ide 24 comfortable temperatures in the truck cabin wit hout idling 25 of any engine. Webasto realized that especiall y in

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  223 1 California heating only was not sufficient. Co nsequently, 2 Webasto developed a new revolutionary technolog y called 3 Blue Cool Truck. Blue Cool Truck was first int roduced at 4 Mid America Truck Show in April of this year an d 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 hav e serious 9 inquiries from truck manufacturers for Blue Coo l Truck as 10 a factory option. This technology utilizes a c old storage Page 57truckidletranscript.txt

11 device to provide engine-off bunk air condition ing for up 12 to 10 hours and ambient temperatures above 90 d egrees 13 Fahrenheit. The recharging takes about four to six hours 14 of over-the-road driving. During the rest peri od, 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 fu el is 19 needed. Best of all, Blue Cool Truck operates very 20 quietly and has absolutely zero emissions durin g the 21 discharge mode. Blue Cool Truck combined with our heater 22 provides a total engine-off climate comfort sol ution at 23 any ambient temperature. At the current fuel p rice, the 24 entire system will be paid for within 30 weeks or less. 25 Best of all, Webasto's heaters and Blu e Cool

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  224 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 approxi mately 300 5 pounds. 6 I would also like to take this opportu nity to 7 share with you one of our most exciting currentprojects. 8 A large dedicated team of scientists and specia lists at 9 Webasto is in the process of developing a very Page 58truckidletranscript.txt

10 sophisticated fuel cell operated axillary powersystem. 11 First working prototypes of this system are alr eady on the 12 road, and full production capability is schedul ed for the 13 year 2010. These auxiliary power systems are c urrently 14 producing between one and five kilowatts of ele ctrical 15 energy that can be installed in passenger cars, trucks, 16 buses, RV, and marine vessels. Stationary appl ications, 17 for example, for a single family home are possi ble as 18 well. Webasto is also researching applications up to 30 19 kilowatts for load refrigeration. 20 ACTING CHAIRPERSON RIORDAN: Mr. Licht ner, a 21 concluding statement. 22 MR. LICHTNER: I have some brochures a bout the 23 fuel cell. I would like to thank the Board forthis 24 opportunity. And we hope this presentation und erlines the 25 feasibility of staff's proposal. We, therefore , urge you
PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  225 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 nu mber of 7 people trained in the process and can install i t or 8 service it. Is that correct? Page 59truckidletranscript.txt

9 MR. LICHTNER: Yes. And I will let yo u know the 10 exact number of authorized installers in the st ate 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 Boar d, I want 16 to thank all the members here. It's been a ple asure to 17 work with the CARB group over the last few year s. We've 18 been deploying our technology for the last fiveyears. 19 And we've enjoyed a tremendous success with thetruckers 20 and the fleets and the travel centers around th e nation. 21 We intend to expand our services in th e 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 becau se it looks 25 like we were leaning toward -- it looked like i t might be

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  226 1 favoring one technology over another. But I un derstand 2 there's language adjustments in the rule today that will 3 adjust that. And we appreciate everyone's effo rt to be 4 fair in this procedure. 5 We're a little concerned about when th is 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 technolo gy deployed Page 60truckidletranscript.txt

8 in the field. I was a little surprised to see in the 9 report -- it was a great report, by the way. B ut it 10 didn't show the payback or return for using theIdleAire 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 ins talling a 16 lot more equipment and providing a lot more emi ssion 17 reduction across the state. 18 ACTING CHAIRPERSON RIORDAN: Thank you very much. 19 And now that's on the record, payback is the fi rst night. 20 All right. Any questions for the spea ker? 21 Seeing none, we'll go on to John Fehre nbach and 22 followed by David Modisette, followed by WarnerHarris, 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 s omebody who

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  227 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 presentatio n today 6 there's going to be some attempt to clarify in the rule Page 61truckidletranscript.txt

7 that, among other things, shore power is an acc eptable 8 alternative to idling. I think that's probablythe better 9 way to put it. I just want to make sure the Id leAire 10 technology is included within the scope of what that was 11 about. And I think that's true. 12 ACTING CHAIRPERSON RIORDAN: Staff, ar e we 13 respond -- I see these nodding heads, but -- 14 MOBILE SOURCE DIVISION CONTROL CHIEF C ROSS: That 15 was in that list -- 16 EMISSION RESEARCH AND REGULATORY DEVEL OPMENT 17 BRANCH CHIEF CARTER: We've talked to him as we ll and 18 that's part of the 15-day changes. We'll inclu de that. 19 MR. FEHRENBACH: And I'll take no moreof 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 wa s 25 presented as follows.)

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  228 1 MR. MODISETTE: Yes, thank you, Madam Chair and 2 members of the Board. I did provide a hard cop y of my 3 presentation. It's going to be extremely brief

. 4 Truck idling is a major air quality pr oblem. We 5 very much appreciate your efforts. We come bef ore you Page 62truckidletranscript.txt

6 today in support of this rule, although we are going to 7 ask for a couple of regulatory changes and a co uple of 8 additional efforts on the part of staff. 9 --o0o-- 10 MR. MODISETTE: You've already seen th ese 11 technologies in the staff presentation. We areworking on 12 three separate technologies. The first one is the 13 off-board IdleAire technology. 14 --o0o-- 15 MR. MODISETTE: The second one is shor e power 16 technology, which uses a combination of on-boar d and 17 off-board systems. 18 --o0o-- 19 MR. MODISETTE: And third is the batte ry APU. 20 --o0o-- 21 MR. MODISETTE: I think our overall co ncern is 22 the staff proposal assumes the truckers will co mply 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

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  229 1 the necessary infrastructure for them to be a v iable 2 option. So our overall concern with the propos al is that 3 it may prematurely force people into an option which is 4 not in the best interest of California. Page 63truckidletranscript.txt

5 --o0o-- 6 MR. MODISETTE: Electric idle reductio n 7 technologies actually provide more emission red uction than 8 that projected in the proposed rule. And we ra n a couple 9 of scenarios using the staff's number just to s how 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 c an get an 14 additional 3.6 tons per day of the high side ofNOx and 15 1100 tons of CO2. If we can get 50 percent of those hours 16 using electric, we can obviously double those n umbers. 17 --o0o-- 18 MR. MODISETTE: We think electric tech nologies 19 are a win-win-win for California. They providemore 20 options to the trucker at less cost to the truc ker 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 t ruck stop

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  230 1 electrification working group of stakeholders, state, 2 federal, and local agencies, to accelerate truc k stop 3 electrification installations and technology. And here I Page 64truckidletranscript.txt

4 would note other states are much, much, furtherahead of 5 this. Much further ahead in California on this . They are 6 being extremely aggressive, including some of o ur 7 neighboring states. 8 --o0o-- 9 MR. MODISETTE: Work on incentives forTSE. I 10 guess we need to better integrate regulatory ru lemakings 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 t hese 14 cleaner technologies. How much? We don't know , because 15 the staff proposal doesn't contain that. And y ou don't 16 know. 17 So we think you should be very concern ed that 18 you're going to vote on a rule today which has 19 implications for incentives for these technolog ies. But 20 yet you don't know what those implications are. We're 21 very concerned about that, and we think you sho uld be, 22 too. 23 --o0o-- 24 MR. MODISETTE: Recommendation 3 has b een already 25 addressed by staff in the 15-day language. And our last

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  231 1 recommendation -- 2 --o0o-- Page 65truckidletranscript.txt

3 MR. MODISETTE: -- is to provide more time for 4 truck stop electrification to develop as a sign ificant 5 option. We did note the ATCM last year had a s leeper 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 deve lop these 9 technologies and make a viable option. 10 We think the result will be in 2010 yo u'll 11 actually have more emission reductions in 2010 than you 12 would under the staff proposal. Thank you verymuch. 13 ACTING CHAIRPERSON RIORDAN: Thank you very much. 14 Any questions? 15 BOARD MEMBER GONG: Perhaps staff coul d respond 16 about the Carl Moyer funding for this. Looks l ike from 17 one of the slides it's up again in November, orfor 18 discussion again. 19 EXECUTIVE OFFICER WITHERSPOON: There are two 20 issues about Carl Moyer funding. One of them i s 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 c ould be 24 avoided through electrification. So what is th e excess 25 emissions today. And those calculations are ch anging

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  232 1 every time the inventory gets more precise. Page 66truckidletranscript.txt

2 The second Carl Moyer issue is once th e 3 regulation goes into effect, what will the comp liance 4 scenario be assumed to be such that anything go ing beyond 5 that is surplus. And as we indicated in the st aff 6 presentation, we're presuming a very high use o f diesel 7 powered APUs, and that is the compliance thresh old. 8 And we indicated to Mr. Modisette, we will 9 clarify in our protocol discussions with him an d other 10 stakeholders how the math works out. And we'retrying to 11 accelerate that as fast as we can, because Idle Aire is 12 seeking public funds today and sort of needs to know for 13 their business plan how much they need to do wi th private 14 capital and how much might be available to them through 15 public incentive programs. So that's what we'r e doing. 16 But it's not like the last item where we 17 discussed, you know, in or out, off or on, thatkind of a 18 switch. Here it is specific emission calculati ons based 19 on the precision of the inventory and the compl iance 20 choices that truck operators make. 21 BOARD MEMBER GONG: Does the Carl Moye r funding 22 effect the Board's vote today? 23 EXECUTIVE OFFICER WITHERSPOON: No. 24 ACTING CHAIRPERSON RIORDAN: Aren't yo u pleased? 25 Yes, Ms. Berg.

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  233 Page 67truckidletranscript.txt

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 ve rsus 2009? 4 EXECUTIVE OFFICER WITHERSPOON: Yes. Staff's 5 opposed to a postponement, because we think thebest way 6 for the IdleAire product and products like it t o capture 7 the market is to get out there early and with alot 8 density. 9 But even once IdleAire is installed, t here's 10 still going to be a very high reliance on APUs for 11 truckers who are pulling off between IdleAire s tops or not 12 getting anywhere near them at all. And so ther e's 13 probably a natural limit on how much of the mar ket they 14 might be able to capture. But they'll do bette r with 15 aggressive front loading than asking us to dela y the 16 emission control so they can race against the A PUs. 17 BOARD MEMBER BERG: And you're pretty comfortable 18 with the fact the engine manufacturers have als o asked us 19 to delay? 20 EXECUTIVE OFFICER WITHERSPOON: We're very 21 comfortable with technological feasibility. Wedon't see 22 any reason for a delay on those grounds. 23 BOARD MEMBER BERG: Thank you. 24 ACTING CHAIRPERSON RIORDAN: Warner Ha rris. 25 And while you're coming up to the micr ophone, let

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  Page 68truckidletranscript.txt 234 1 me indicate to Andrea Samulon, Diane Bailey, an d Karen 2 Pierce, please come down to this front row, and Bonnie 3 Holmes-Gen. 4 Mr. Harris. 5 MR. HARRIS: Madam Chair, Board member s, thank 6 you for the opportunity to comment to you. My name is 7 Warner Harris. I'm representing both Idling So lutions 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 co ntrol air 11 for the cap during the mandatory shut down up t o ten 12 hours, can supply electrical power for the hote l 13 appliances, and it uses a zero emission battery 14 technology. It was developed in response to CA RB's 15 mandate in 1998 for the introduction of the zer o emission 16 automobile. So it has a history. 17 It has flexible configurations. It ca n provide 18 two different systems self-contained that will stand alone 19 to operate the HV&A system using the idling airsystem 20 that had been shown to the Board in 2004 and a battery 21 powered DC drive system, HV&AC that you saw tod ay at the 22 curb. It's a bolt-on system that requires no 23 modifications except installation of brackets o n points in 24 the truck. Nothing else is changed. The inter ior of the 25 cabin is able to use the existing controls so t he

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345 Page 69truckidletranscript.txt

 235 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 reduc es idling 5 by 96 percent. And there are 250 systems in th e 6 stand-alone systems that are operating now in t he trucking 7 industry. 8 The pricing complies with the recommen dation of 9 the Board and less than $10,000, just less than the 10 suggested retail price. As a comment, nobody h as ever 11 paid that yet. A fleet has a better opportunit y, 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 gall on, 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 pay back period 17 for either system to be just less than 12 month s. 18 With that, I would like to thank you f or this 19 opportunity of showing you the equipment and ex plaining 20 it. 21 ACTING CHAIRPERSON RIORDAN: Thank you very much. 22 We appreciated the opportunity. And we do than k you. 23 Board members, any questions for this speaker? 24 Thank you very much. 25 Rex Greer. Page 70truckidletranscript.txt

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  236 1 MR. GREER: Thank you, Madam Chairman and members 2 of the Board. I think we've been in and out ofhere 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 s ome of the 7 simultaneous efforts of some of the people in t his room. 8 Should help fund some technology. I am totallyin favor 9 of reducing emissions as much as possible. Tha t was one 10 of the things that bothered me sitting in a tru ck stop out 11 here over the weekend and all the smoke 20 year s ago. 12 I'm concerned about no data and the ef fect to the 13 engines that we're talking about putting partic ulate traps 14 on. These little engines are naturally aspirat ed and 15 they're not electronic. There's no means to mo nitor the 16 air fuel ratios. And anything that has been pu t on the 17 intake or the exhaust has seemed to cause probl ems 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 syste m for the 21 little engines to where it can be running 20, 3 0, 40, 22 percent, 50 percent instead of continuous. 23 I've also got another project we're wo rking on to 24 include a third option. Right now, we run the existing Page 71truckidletranscript.txt

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

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  237 1 manufacturer with an alternative engine. The n ext option 2 I'm working on right now is an option to be abl e to use 3 electricity to run the systems as a third alter native. 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 packe d and 9 cooled where they had portable equipment to coo l and pack 10 the harvest, and it was there two or three weeks and moved 11 again. You might be scheduled to load on Monda y evening 12 and get loaded Wednesday morning by the time th ey got it 13 ready. 14 Anything we can do to help reduce wast ed energy 15 and wasted fuel, warn out equipment prematurelyfrom 16 sitting in the parking lots idling, and reducin g emissions 17 is great. But I think we need to postpone this project 18 until we've got tested, certified, viable equip ment and 19 all the details are worked out. I think the pr oposed Tier 20 2 and Tier 4 standards that have been worked ou t 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. Page 72truckidletranscript.txt

24 I think we need to make sure what we'r e doing 25 before we knock some of the most oldest viable tested

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  238 1 technology out of the picture. I'd love to hav e a nice 2 clean engine. If we had alternate fuel supplie s, I could 3 have gone to a compressed natural gas or some o ther type 4 of engine a long time ago. But the infrastruct ure doesn't 5 exist for an over-the-road truck to have this a vailable. 6 ACTING CHAIRPERSON RIORDAN: We're at the end of 7 your testimony, so if you'd like to make a conc luding 8 remark. 9 MR. HARRIS: I believe we have submitt ed 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 o f the 15 Board, it always nice to be in this room. I th ink you're 16 making good use of it. 17 One of the most profound things I thin k I heard 18 today -- and I'm speaking today on behalf Mr. G reer's 19 firm, Pony Pack. And you notice we do have a w ritten 20 submission. One of the most profound things wa s 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 Page 73truckidletranscript.txt

23 discussion today is not changing the rules, butin reality 24 it's only ten months since this very Board sat in this 25 very room and adopted harmonization with U.S. E PA. And

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  239 1 that harmonization was about Tier 4 off-road en gines. 2 Now today we're talking about Tier 4 o ff-road 3 engines. And ten months ago you laid out the r ace 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 wha t the first 9 gentlemen of the day said about how this Air Bo ard has 10 conducted its affairs over the year. Two thing s. 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 ta il to wag 14 the dog. You just got through talking about Ti er 4 15 engines and the scenario 2007, review; 2008, th e new 16 standards; 2011, for the next size bigger engin e; 2013, a 17 whole new look at it. And here we're back tryi ng to push 18 the technology on this small segment. 19 Folks, this isn't the automobile indus try. This 20 is the APU industry. And Kubota isn't even -- somebody 21 earlier today said, "Well, the engine manufactu rers won't Page 74truckidletranscript.txt

22 have to do this. The trucker will have to do t his." 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 o n Kubota's

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  240 1 engine and Kubota's engine stops running, guess who's 2 going to pay for the new engine? It's not goin g to be 3 Kubota. You have a lot of things you have to w ork out 4 yet. 5 I think would suggest your better cour se of 6 action is to table this particular portion of t he 7 after-treatment requirement to some certain dat e 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 w ith the 11 engine manufacturers, emission control people, and get a 12 verified technology that will work for this pur pose. As 13 Mr. Greer said, he spent the last 25 years of h is life 14 trying to clean up emissions, and he has no rea son 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 ratherquickly. 18 Now the truckers are rightly saying maybe it wi ll take 19 them two years after that, when Mr. Greer can p ut it on 20 the market, truckers are going to need a while to make up Page 75truckidletranscript.txt

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 Dinexfinishes 25 their tests in the next eight months and it com es to you
PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  241 1 and you verify their device and they work out t he warranty 2 issues, maybe it's going to work. But you're r eally 3 asking the poor manufacturers to take and -- I say 4 manufacturers, in reality men like Mr. Greer ar e 5 assemblers. They assemble products that are of f 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 t o be able 8 to do what's feasible. 9 So I would just suggest again, in summ ary, table 10 it for some reasonable period of time and the i ssue 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 hav e a bunch 16 of comments. 17 Well, first, on the whole subject of t he Tier 4 18 rulemaking and why that should or shouldn't be considered 19 here today, we certainly do have regulations th at Page 76truckidletranscript.txt

20 harmonize nationally in general on off-road eng ines 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
PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  242 1 doing the Tier 4 off-road standard, you broughtup an 2 idling rule or adopted an idling rule and splitit in two 3 parts. You did a five-minute limit for general idling and 4 directed us to come back this year with sleepercab. So 5 the idea that somehow the Tier 4 rulemaking kno cked 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 CACKETT E: We do 12 not think there is any feasibility issues here. And, you 13 know, it's perhaps -- we may have done it ourse lves 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 wan ts to idle 17 with air conditioning comfort all night long. That's what 18 the reg says. That's why we talk about it appl ying to the Page 77truckidletranscript.txt

19 trucker here. 20 We're not expecting individual trucker s to go out 21 and decide to find a particulate filter to boltsomething 22 on. As you've heard today, these technologies that you've 23 seen out on the street and some of them in pres entations 24 are available. You know, they're warranted pro ducts. 25 They have a price. They have a service network . They're

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  243 1 able to take care of the equipment if it needs a service. 2 These are things that are expected to work on t rucks. 3 And so the real choice is, do I have t o 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 sched ule to find 7 IdleAire? And where can you for $10 have a tem plate that 8 goes in your window and get air conditioning an d 9 electricity and everything at a dollar per hourbasis? 10 For the low capital people, people tha t come here 11 just once in a while, have the option of these no-capital 12 approaches. And for those who want to use thes e idle and 13 stay overnight a lot in California, they have t hese 14 technologies solutions. And we think these sol utions are 15 here. A number of them said they're available. Within 16 this two-year period, there will be more of the m that will 17 become commercially available, and people will be able to Page 78truckidletranscript.txt

18 choose and use them. We expect on the newer tr ucks that 19 newer trucks will come with this feature on it as well. 20 Because, you know, the economics are so startli ng. Spend 21 $3 an hour to idle your engine, or you can spen d a fifth 22 of that for an APU. That saves up a lot of mon ey real 23 fast. That's why those payback times are so at tractive. 24 EXECUTIVE OFFICER WITHERSPOON: I'm ju st giving 25 you a cue to add some more. The one innovation here is

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  244 1 the particulate trap on the APU. And if Mr. Ca ckette 2 would address why we think the particulate trap would also 3 work. 4 CHIEF DEPUTY EXECUTIVE OFFICER CACKETT E: Of 5 course, we have installed thousands of particul ate 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. H ere, we 10 have a small diesel engine, and there's commerc ial people 11 as you saw out there developing particulate fil ters for 12 the size for these small commercial engines. A nd we fully 13 expect they will be verified in time that someo ne can 14 package it together, whether it be Pony Pack orone of the 15 other diesel APU producers, such that on 2007 a nd newer 16 engines when you use this, it will clean up theair and Page 79truckidletranscript.txt

17 not make the air dirtier. That's what we think will 18 happen. 19 And I'm going to ask someone in the ba ck 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 DEVEL OPMENT 24 BRANCH CHIEF CARTER: It's a simpler applicatio n because 25 of the type of operation. They typically opera te under a

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  245 1 certain steady state condition. However, the c hallenge 2 that they have is the temperature of the exhaus t. And so 3 that requires them to have active trap systems. On the 4 bigger trucks, there are already some manufactu rers 5 verifying active trap systems. And we expect t hat, like 6 you saw out in the front there, there are other 7 manufacturers that are going to be coming onlin e with the 8 smaller traps, less expensive traps for this ap plication. 9 And the plan is -- at least the comment was mad e 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 whe re you 14 collect PM emissions and regenerate. 15 Also, just a comment. When we approac h the Page 80truckidletranscript.txt

16 solution for trucks, we tried to be technologic ally 17 neutral. And we considered a ban on APUs all t ogether, 18 because there was so much movement in the alter native 19 technologies, like battery electrics and other available 20 cleaner technologies that we did seriously cons ider just 21 banning APSs. But we looked at what was coming down the 22 pipe in terms of PM technology, and we looked a t the 23 industry using APUs -- diesel APUs right now, a nd we 24 decided to sort of strike a line in making an e ven playing 25 field for all technologies. I think that's wha t you have

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  246 1 here before you. 2 ACTING CHAIRPERSON RIORDAN: Okay. An y questions 3 for staff at this time? 4 Let's move right along, Andrea Samulon

. 5 MS. SAMULON: My name is Andrea Samulo n, and I'm 6 a research associate with the Pacific Institutein 7 Oakland. Thank you for this opportunity to com ment. 8 Today, you have an opportunity to clos e a 9 loophole in California's diesel idling laws. T he current 10 laws that limit idling of diesel trucks and bus es to five 11 minutes are an important step in the right dire ction. 12 However, over half of the pollution from idling diesel 13 trucks comes from sleeper cabs who typically id le all 14 night long. In a single year, truck drivers ca n save more Page 81truckidletranscript.txt

15 than $5,000 by not idling overnight. This figu re is based 16 on current cost of fuel. 17 We know that diesel pollution for idli ng 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 canc er risk. 22 Diesel soot not only causes cancer, but it exac erbates 23 asthma and is linked to heart disease and prema ture death. 24 Of great concern, diesel remains a source of po llution and 25 disproportionately impacts lower income communi ties and

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  247 1 communities of color. 2 Pacific Institute studies in West Oakl and and 3 West Contra Costa County have shown higher dies el 4 emissions per square mile than their respectivecounty or 5 state averages. In West Oakland, residents fac e 90 times 6 more diesel emissions per square mile than the state 7 average. Some communities, like Bayview Hunter s 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 cent ral to the 11 agenda of many community-based organizations, h ealth 12 effected groups, environmental organizations, a nd trucking 13 associations. This week, over 20 groups came t ogether in Page 82truckidletranscript.txt

14 the Bay Area to kick off a broad anti-idling ca mpaign, 15 very successfully, I might add. In keeping wit h CARB's 16 commitment to environmental justice and clean a ir for all 17 Californians, we urge you to close the loopholeand limit 18 engine idling by the existing fleet of in-use h eavy-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 DefenseCouncil. 25 I'm happy to say I'm in strong support of the r ule as

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  248 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 t aken out of 5 the rule at the request of industry amidst conc erns that 6 the technology and the costs required for that rule were 7 really uncertain and more work needed to be don e. 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. Page 83truckidletranscript.txt

13 This rule is important for so many rea sons. 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 o f 3 17 percent, which is huge, from a single rule. 18 I also want to note this rule is alrea dy listed 19 as one of the strategies to reduce greenhouse g asses in 20 the Governor's climate action plan. And the st ate 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 import ant rule as

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  249 1 staff proposed it. Thank you. 2 ACTING CHAIRPERSON RIORDAN: Thank you very much. 3 Karen Pierce. 4 MS. PIERCE: Good afternoon, members o f the 5 Board. And I thank you also for the opportunit y to speak 6 to you. 7 I'm a resident of Bayview Hunters Poin t in San 8 Francisco. And I'm here today representing theDitching 9 Dirty Diesel Collaborative, which is a collabor ation of 10 over 20 organizations in the San Francisco Bay Area. We 11 also have over 100 organizations on our list se rve. Page 84truckidletranscript.txt

12 On Tuesday morning, we launched our an ti-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. Ea ch one of 16 those is in a different county, so we covered f ive 17 counties. 18 We did this in areas that are directlyeffected 19 by high diesel emissions and that also have exc essively 20 high rates for hospitalizations for asthma inci dents. We 21 were joined in our effort not only by the air d istrict -- 22 which supported us and provided us with the fun ding to 23 present the information. We used door hangers. These are 24 the residential door hangers. We used door han gers for 25 truckers and hung them on the mirrors of the -- on the

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  250 1 trucks and buses. We were also joined by a num ber of 2 businesses that rely on trucking. The Longshor e Union was 3 one of our supporters, and San Francisco Port w as one of 4 our supporters. They actually went out and hun g our door 5 hangers for us. 6 We support the staff recommendation to close this 7 idling loophole and help us to protect the resi dents who 8 live near industries that rely on trucking. My 9 understanding from sitting here today and liste ning is 10 that the technology is available and will both lessen the Page 85truckidletranscript.txt

11 impact on air quality and be cost effective fortruck 12 owners as well. It seems like a no-brainer to me. I 13 don't understand why we need to wait any longerto do 14 something that not only will clean up our air, but has 15 proven that it will protect the drivers, our ch ildren, 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 a lso 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 Ana ir, if 25 you'd come forward, please. Wayne Lorentzen, B ill

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  251 1 Magavern, and Todd Campbell, all please come do wn to the 2 front low. 3 MS. HOLMES-GEN: Good afternoon. I'm Bonnie 4 Holmes-Gen with the American Lung Association o f 5 California. And we are pleased to be here toda y to 6 strongly support this regulation as an importan t step 7 forward for public health and the environment. This is a 8 win-win situation for the breathers and for thetruckers. 9 Because as you've heard, these regulations not only Page 86truckidletranscript.txt

10 substantially reduce toxic diesel fumes and gre enhouse 11 gasses and reduce petroleum consumption, but al so pay for 12 themselves in reduced fuel use in a very short time. 13 Why is it so important that you take a ction today 14 to approve this important regulation? Because this is 15 critical to public health. You're very well aw are of 16 diesel health impacts, but just a quick reminde r that 17 we're talking about diesel soot linked to asthm a attacks, 18 increased respiratory infections, increasing ev idence 19 about cardiac illnesses and hospitalizations, c oncern 20 about slow lung growth in childrn, lung cancer, and 21 premature deaths. And CARB has linked direct e xposure to 22 diesel particulate to 3,000 premature deaths ev ery year 23 and thousands of hospital admissions for causes

. 24 There's also been recent research thathas shown 25 that we're actually experiencing even more prem ature
PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  252 1 deaths, more chronic health effects from pollut ion than 2 previously believed. Over two to three times g reater 3 numbers of premature deaths than previously bel ieved. 4 We're very concerned about that. This is also a situation 5 where you have alternative technologies that ar e 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 g oal, 85 Page 87truckidletranscript.txt

9 percent, is very aggressive. We appreciate tha t. And of 10 course, this is an important step forward to ac hieve that 11 aggressive goal. 12 We strongly support electrification al ternatives 13 and want to see a strong focus on electrificati on 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 automa tically 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 r egulation, 22 to reject the arguments of the Engine Manufactu rers 23 Association and the American Trucking Associati on to 24 delay. And we urge you to do whatever you can to further 25 incentivize and support the use of electric pow er options

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  253 1 in this regulation. 2 The bottom line is that by approving t his 3 regulation, you are having a real impact on com munities 4 throughout the state, as you've just heard in t erms of 5 reducing the range of diesel health effects. A nd you are 6 at the same time supporting important statewidepolicies 7 to reduce greenhouse gas emissions, reduce petr oleum Page 88truckidletranscript.txt

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 t he 16 opportunity to comment. 17 My comments are pretty much in line wi th the last 18 four speakers. I've also submitted written com ments on 19 behalf of over 20 organizations throughout Cali fornia 20 across the state that are supportive of staff's proposal 21 today. These organizations consist of environm ental 22 organizations, public health advocates, asthma groups, 23 community organizations, physicians, and concer ned 24 residents. 25 The most important short- and long-ter m benefit

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  254 1 of this rule is cleaner air and improved public health. 2 Idling trucks are responsible for over 8 percen t of 3 on-road diesel pollution in the state. Sleeperidling 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 co uld be Page 89truckidletranscript.txt

7 avoided through this rule. However, I took theliberty of 8 using staff's methodology in calculating that n umber, and 9 that result is substantial. Over 36 premature deaths per 10 year could be avoided, assuming that the averag e pollution 11 from these trucks -- the pollution from these s leeper 12 trucks has the same exposure as the average die sel source 13 in the state. As we've heard today, obviously communities 14 are facing diesel trucks, and it is a big probl em for 15 them. 16 Just to make a comparison about the ma gnitude of 17 the emissions reductions -- this could be a lit tle 18 dangerous, but I wanted to do this. The PM emi ssion 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 dies el 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.

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  255 1 Also as Diane Bailey from NRDC mention ed, 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 Page 90truckidletranscript.txt

6 out, the greenhouse gas emission reductions fro m this 7 regulation are very significant. In 2010, the greenhouse 8 gas emission reductions expected from this ruleare on the 9 same order of magnitude as the emission reducti ons of 10 greenhouse gasses from the regulation you passe d last year 11 for cars and trucks. So those emissions will s tart in 12 2008. So very significant in terms of global w arming 13 emissions. 14 We are also supportive of incentives f or the best 15 available technology that's out there, includin g 16 electrical equipment, and we support using ince ntive funds 17 to promote that technology. 18 ACTING CHAIRPERSON RIORDAN: Do you ha ve a 19 concluding -- 20 MR. ANAIR: I do. This is a win-win f or 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 Campbe ll. 25 MR. LORENTZEN: Good afternoon, Madam Chair,

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  256 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. Freidma n's 4 statements with regard to the military tactical vehicles. Page 91truckidletranscript.txt

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 nam e is Bill 13 Magavern. I'm representing the 200,000 Sierra Club 14 members in California. And a number of our mem bers have 15 contacted me in support of this proposed rule. I want to 16 thank the staff for an excellent proposal. Thi s makes so 17 much sense that we hope the Board will adopt ittoday, put 18 it in place without delay, and make sure that i t is 19 enforced fully. 20 The reductions in emissions of NOx, hy drocarbons, 21 particulate matter, and carbon dioxide, which o f course is 22 the major greenhouse gas, are all very impressi ve. And 23 these will particularly benefit those low incom e 24 communities and communities of color that are 25 disproportionately impacted by diesel emissions . Diesel

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  257 1 emissions have become increasingly known as bei ng as 2 harmful as they are. And this Board has rightf ully made 3 it a priority to reduce those emissions. Page 92truckidletranscript.txt

4 We saw that the technology to make thi s rule work 5 is available. It was demonstrated right outsid e. And the 6 payback periods are really remarkably good. 7 It's important to put this into effectalso to 8 allow for the kind of mixed use development tha t is the 9 smartest way for California to grow. Because i f we're 10 going to have commercial activity happening alo ngside 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 tha t is as oil 16 dependant as we are and when we've seen so freq uently in 17 recent years the effects of that oil dependencethat 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 feder al 21 government has not been willing to go forward i s hardly a 22 reason why California should also remain stagna nt. 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 to day. 25 Thank you very much.

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  258 1 ACTING CHAIRPERSON RIORDAN: Thank you very much. 2 Todd Campbell, I think is probably gon e. Page 93truckidletranscript.txt

3 Thank you very much. I think that con cludes our 4 list of speakers. 5 And, staff, do you have any further co mments? 6 EXECUTIVE OFFICER WITHERSPOON: Nothin g 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 hav e been 10 entered into the record. The Board has not gra nted an 11 extension of the comment period. I'm officiall y closing 12 the record on this portion of the agenda item, 05-10-3. 13 Written or oral comments received after the com ment period 14 has closed will not be accepted as part of the official 15 record on this agenda item. Or if there is a 1 5-day 16 change -- and which there is, correct, Ms. With erspoon? I 17 will now close the record on this agenda item. However, 18 the record will be reopened when the 15-day Not ice of 19 Public Availability is issued. Written or oral comments 20 received after this hearing date but before the15-day 21 period is issued will not be accepted, which I' m just 22 re-reading, as part of the official record on t his agenda 23 item. When the record is reopened for a 15-daycomment 24 period, the public may submit written comments on the 25 proposed changes, which will be considered and responded

PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  259 1 to in the Final Statement of Reasons for this r egulation. Page 94truckidletranscript.txt

2 This requires ex parte disclosure, beginning wi th 3 Supervisor DeSaulnier. 4 SUPERVISOR DeSAULNIER: None. 5 ACTING CHAIRPERSON RIORDAN: Ms. Berg? 6 BOARD MEMBER BERG: Yes. I had two te lephone 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 a nd 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 h ad two 15 telephone conversations; one on October 6th wit h Bonnie 16 Holmes-Gen, Diane Bailey, and Don Anair. And t hen on 17 October 17th, I had a telephone conversation wi th the 18 IdleAire people, John Fehrenbach and David Eber hart. And 19 the content was consistent with their discussio n today. 20 ACTING CHAIRPERSON RIORDAN: I have no ne to 21 disclose. 22 Yes, Supervisor Patrick. 23 SUPERVISOR PATRICK: Thank you. 24 On October 13th, I had a phone confere nce 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 testim ony today. 3 ACTING CHAIRPERSON RIORDAN: Superviso r Roberts. 4 SUPERVISOR ROBERTS: After being in Ch ina for a 5 month, I don't have any to disclose. 6 ACTING CHAIRPERSON RIORDAN: That's ri ght. 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 wo uld 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 furth er 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. Kenna rd. 20 BOARD MEMBER KENNARD: I'm delightfull y proud 21 that I was characterized as having made a profo und 22 statement. I'm going to keep this tape and pla y 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
PETERS SHORTHAND REPORTING CORPORATION (916) 3 62-2345  Page 96truckidletranscript.txt 261 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 signi fy by 5 saying aye. 6 (Ayes) 7 ACTING CHAIRPERSON RIORDAN: Opposed, no. 8 The motion carries. 9 Just one little comment. The door han ger is 10 wonderful and a great way to get out informatio n. But as 11 an educator, I just have one comment, Superviso r 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 thei r phone 15 number for more information on something. I re alize 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 thin g to do. 19 SUPERVISOR DeSAULNIER: I will claim i gnorance, 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 ide a. Great 23 idea. It would be great in rural areas where p eople often 24 park their trucks and start them and idle them. That's 25 another area. But that doesn't apply to the Ba y Area.

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 262 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 PETERS SHORTHAND REPORTING CORPORATION (916) 36 2-2345  311 1 CERTIFICATE OF REPORTER 2 I, TIFFANY C. KRAFT, a Certified Short hand 3 Reporter of the State of California, and Regist ered 4 Professional Reporter, do hereby certify: 5 That I am a disinterested person herei n; that the 6 foregoing hearing was reported in shorthand by me, 7 Tiffany C. Kraft, a Certified Shorthand Reporte r of the 8 State of California, and thereafter transcribed into 9 typewriting. 10 I further certify that I am not of cou nsel 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 se t my hand 14 this 1st day of November, 2005. 15 16
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19 20
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22 23 TIFFANY C. KRAFT, CS R, RPR 24 Certified Shorthand Reporter 25 License No. 12277

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