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newsrel -- California Court decision on diesel rule hits small fleets and farmers hard

Posted: 09 Jun 2016 16:55:47
Please consider the following news release from the California
Air Resources Board:

http://www.arb.ca.gov/newsrel/newsrelease.php?id=823

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FOR IMMEDIATE RELEASE

JUNE 9, 2016

NEWS RELEASE 16-27



CONTACT: Karen Caesar
(916) 322-2990
(916) 799-7151 cell
kcaesar@arb.ca.gov

California Court decision on diesel rule hits small fleets and
farmers hard

State Truck and Bus diesel regulation still in effect, but
flexibility options for small fleets overturned in case brought
by the California Trucking Association


SACRAMENTO - A decision by the Superior Court of California in
Fresno today agreed with the California Trucking Association’s
request to erase a range of amendments to the state’s major rule
to clean up diesel trucks and buses. The case is not against the
rule itself, which remains fully in effect, but the amendments
adopted in 2014. The amendments provide badly needed flexibility
to smaller fleets (three trucks or less), lower-use vehicles
including those operated by small farmers, and fleets in some
rural areas. ARB will immediately file an appeal, which will
maintain the status quo while the case makes its way through the
higher courts.

“California led the way by adopting our landmark regulation to
clean up dirty trucks, and our air quality has benefited
immensely,” said CARB Executive Officer Richard Corey.  “In 2014,
we recognized the extreme economic pressures experienced by
smaller trucking fleets and independent owners as they sought to
comply by upgrading or purchasing new equipment. We responded by
amending the regulation to make it more flexible for ‘the little
guys’ to comply.  This court decision negates those amendments
and deals a profound blow the smaller fleets, small farmers and
independent owners.”

The lawsuit, filed by John R. Lawson Rack and Oil of Fresno, and
the California Trucking Association (CTA) alleges ARB did not
follow the proper procedures of the Administrative Procedures Act
and the California Environmental Quality Act in adopting the
amendments.  CTA also alleges their members’ economic interests
were harmed by them being undercut competitively by fleets who
took advantage of the flexibility provisions.

“We strongly disagree with the court, and will file an appeal in
all possible haste,” said Jack Kitowski, CARB head of the Mobile
Source Division which oversaw the development, and is in charge
of putting the regulation into effect on a daily basis. “We don’t
want to see small fleets and farmers hurt by this decision,” he
added.

As the case makes its way through the Court of Appeal process,
ARB staff statewide will continue to enforce the regulation and
will cite those vehicles found to be out of compliance.
  
Diesel exhaust contains a variety of harmful gases and more than
40 other known cancer-causing compounds. In 1998, California
identified diesel particulate matter as a toxic air contaminant
based on its potential to cause cancer, premature death and other
health problems.

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