Linda S. Adams

Secretary for 

Environmental Protection

 

The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. 

For a list of simple ways you can reduce demand and cut your energy costs, see our website: http://www.arb.ca.gov. 

California Environmental Protection Agency

Printed on Recycled Paper

Air Resources Board 

 

Robert F. Sawyer, Ph.D., Chair 

1001 I Street • P.O. Box 2815 

Sacramento, California 95812 • www.arb.ca.gov 

Arnold Schwarzenegger

 Governor 

January 29, 2007 

Honorable Stephen L. Johnson, Administrator 

U.S. EPA Headquarters 

Ariel Rios Building 

1200 Pennsylvania Avenue, N. W. 

Mail Code: 1101A 

Washington, DC 20460 

Re: Adoption of Regulation for Mobile Cargo Handling Equipment at Ports and 

Intermodal Rail Yards; Request for Confirmation that Certain Requirements Be 

Treated as if They Fall Within the Scope of Previously Granted Waivers and 

Authorizations under Clean Air Act Sections 209(b) and 209(e)(2), and Request 

for New Authorization for Other Requirements Applicable to Nonroad Engines

Dear Administrator Johnson: 

At a public hearing on December 8, 2005, the California Air Resources Board (ARB) by 

Resolution 05-62 (appended to the enclosed Waiver and Authorization Request Support 

Document), approved the adoption of a regulation establishing fleet requirements for 

mobile cargo handling equipment at ports and intermodal rail yards. I am writing to 

request that the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) 

confirm that certain requirements be treated as if they fall within the scope of previously 

granted waivers and authorizations under Clean Air Act (CAA) section 209(b) and 

209(e)(2), and grant a new authorization pursuant to CAA section 209(e)(2) to adopt 

and enforce other requirements of the regulation applicable to nonroad engines. 

A Waiver and Authorization Request Support Document setting forth California’s basis 

for requesting the waiver and authorization actions is attached for your review. It sets 

forth a summary of the regulation, a review of the criteria governing U.S. EPA’s 

evaluation of California waiver and authorization requests, and an explanation why the 

CAA requires the Administrator to grant California’s requests. I also enclose a CD-ROM 

that contains copies of this letter, the Waiver and Authorization Request Support 

Document, and the rulemaking documents listed at the end of that document. 
Honorable Stephen L. Johnson, Administrator 

Page 2 

Your expeditious processing of this request will be appreciated. If you need additional 

information on this item, please call me at (916) 445-4383. If you have technical 

questions, please have your staff contact Dan Donohoue, Chief, Emissions Assessment 

Branch, at (916) 322-6023. Legal questions may be directed to Michael L. Terris, 

ARB’s Office of Legal Affairs, at (916) 445-9815. 

Sincerely, 

Catherine Witherspoon 

Executive Officer 

Enclosure 

Attachments 

cc: Mr. David J. Dickinson, Attorney/Advisor (w/encl., w/attchs.) 

 United States Environmental Protection Agency 

Ariel Rios Building 

1200 Pennsylvania Avenue, N.W. 

Mail Code 6405J 

Washington, DC 20460 

Mr. Dan Donohoue, Chief (w/encl, w/o attchs.) 

Emissions Assessment Branch 

Stationary Source Division 

 Mr. Michael L. Terris, (w/encl., w/attchs.) 

Office of Legal Affairs 
Honorable Stephen L. Johnson, Administrator 

Page 3 

bcc: Tom Jennings, Chief Counsel 

Legal Chron (w/encl., w/o attchs.) 

Waiver File