Comment Log Display

December 10, 2008

Mary Nichols, Chair, Air Resources Board
Ron Roberts
Dorene D’Adamo
Barbara Riordan
John R. Balmes, MD
Lydia Kennard
Sandra Berg
John Telles, MD
Ronald O. Loveridge

Re: Strong support for In Use On Road Heavy Duty Truck and Bus
Rule

Dear Chair Nichols and California Air Resources Board members,

We are the Merced Stop Wal-Mart Action Team (SWAT): a broad,
grassroots coalition of community groups and thousands of Merced
residents opposed to the construction of the proposed Wal-Mart
distribution center in Southeast Merced. We seek to protect the
health and quality of life of our members and future generations of
Merced residents. 

SWAT strongly supports the In Use On Road Heavy Duty Truck and Bus
rule and urges you to adopt it, for all the health and economic
benefits identified by ARB staff, without exemptions for
agricultural trucks. We live in the midst of an urgent public
health crisis, and need strong regulation to clean up diesel
pollution in our communities. Merced has extensive agricultural
areas and we believe the same protection from diesel truck exhaust
should not exclude the residents and workers in these communities.


We have two other comments related to the rule. 

Make polluters pay
We are concerned that this rule creates a disproportionate cost
burden on small fleet owner-operators. For the rule to be fully
implemented on the ground, ARB must ensure that retrofit and
replacement grand and loan opportunities are fully funded and
available to those truckers who need it most. 

The misclassification of “independent contractor”
owner-operators is at the heart of the problem. The business model
of retailers like Wal-Mart imports cheap goods from overseas and
depends on subcontracting with smaller trucking companies and
owner-operators to deliver those goods from the ports to
distribution centers and stores. For example, Wal-Mart estimates
that if built, 55%-60% of trucks at its Merced distribution center
would be non-Wal-Mart trucks, including small fleets and
owner-operators. Many of these owner-operators have saved up money
in order to buy their own truck and have a more stable income, and
yet often work without benefits and for comparatively little pay.
Wal-Mart externalizes the costs of new regulations such as the
In-Use On-Road Truck Rule and places the burden of paying for new
regulation on those who are least able to afford it. 

Considering that the state of California is facing a $14 billion
deficit next year and that the bond market has collapsed, we are
deeply concerned that adequate taxpayer funding opportunities will
not be available in the coming months. We encourage the Board to
study implementation of a system of end-user fees that would help
pass the costs of this regulation along to the companies who are
ultimately responsible for generating – and profiting from –
goods movement. The end-user fee structure could be a part of
reporting requirements built into existing funding mechanisms
available to truckers; end users would make quarterly payments
based on the number of deliveries made and miles driven to
California drop off points.

‘Smart’ land use alone is not enough
In Southeast Merced, two schools are located approximately 1,000
feet from Highway 99, the most heavily traveled highway west of the
Mississippi. Another elementary school is planned less than 500
feet from the as-yet unbuilt Campus Parkway. In addition, off-route
truck driving remains unenforced in the neighborhood. The In Use On
Road Diesel Truck Rule is absolutely necessary to reduce localized
exposure to particulate.

In conclusion, we urge you to pass the strongest possible rule and
to examine alternative funding sources that don’t allow
corporations like Wal-Mart to externalize the costs of state
regulations. 

Yours truly, 
The Merced Stop Wal-Mart Action Team

swat@mercedstopwalmart.org |(209) 723-9458 |1735 Canal St. Suite
13, Merced, CA 95340