BOARD MEETING DATE: January 9, 2009
AGENDA NO. 23
PROPOSAL:
Amend Rule 1186.1 – Less-Polluting Sweepers
SYNOPSIS:
Administrative amendments are proposed to Rule 1186.1 to ensure the use of alternative fueled sweepers when sweeping services are provided to government agencies as required in Rule 1186.1 paragraph (d). In addition, amendments are proposed to address sweeping services that cannot be provided with rule compliant sweepers at the beginning of the contract period due to delivery lead time.
COMMITTEE:
Mobile Source, November 21, 2008, Reviewed
RECOMMENDED ACTIONS:
Adopt the attached resolution:
- Certifying the Notice of Exemption in compliance with CEQA (California Public Resources Code Section 21000 et seq.); and
- Amending Rule 1186.1 – Less-Polluting Sweepers.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
In an effort to reduce mobile source emissions from public and certain private sector fleet vehicles, the Board adopted Rule 1186.1 – Less-Polluting Sweepers on August 18, 2000. Rule 1186.1 reduces mobile source emissions by accelerating the implementation of currently available cleaner-burning or alternative-fuel vehicle technology. Rule 1186.1 affects public fleets with 15 or more on-road vehicles and private fleets that provide street sweeping services to affected public agencies. Beginning July 1, 2002, Rule 1186.1 requires affected fleet operators to purchase alternative-fuel vehicles when adding or replacing vehicles to their existing fleets. In addition, Rule 1186.1 requires government agencies to contract with private street sweeping services that use alternative-fuel street sweepers.
In the course of monitoring implementation of Rule 1186.1, it has come to AQMD staff’s attention that in some instances contract sweeping services are being provided by non-rule compliant street sweepers instead of alternative-fuel street sweepers, as otherwise required by the contractual terms between the government agency and the street sweeping service provider. Since a significant number of government agencies contract out for street sweeping services, non-compliance with contractual terms specifying the use of alternative-fuel sweepers with the government agency is an important implementation issue. In this situation, staff believes private street sweeper service providers must take responsibility to ensure that alternative-fuel sweepers are used pursuant to these contractual requirements. Furthermore, when contracts are initially awarded, street sweeper service providers should recognize lead times associated with the delivery of alternative-fuel street sweepers to ensure that contractual requirements are met for the use of these sweepers.
Proposal
In order to address the issue associated with the use of non-rule compliant street sweepers by private street sweeping service providers, staff is proposing amendments to Rule 1186.1. The first amendment [subparagraph (d)(1)(B)] requires street sweeper service providers use alternative-fuel street sweepers where specified under contracts between the service provider and the government agency. The second amendment [subparagraph (d)(1)(D] establishes a rule violation for the failure to use these alternative-fuel street sweepers for each day street sweeping services are provided by a non-compliant street sweeper service operator. Additional language is proposed for subdivision (a) and paragraph (c)(1) to clarify the purpose of the rule and the definition of “affected government agency,” respectively. Lastly, language is proposed [paragraph (d)(4)] to address the period of time during which alternative-fuel sweepers are ordered but have not been delivered by the start of the contract service date due to delivery lead time.
Public Process
A public workshop was held on November 18, 2008 to solicit public comments on the proposed amendments. Based on comments received, staff revised the original proposal and held a public consultation meeting on December 11, 2008 to inform the public on the proposed revised amendments. Government agency and private street sweeping service provider representatives attended these meetings. In addition, the November 18, 2008 workshop was web cast. Private street sweeping service providers in attendance generally supported the concept of including language into Rule 1186.1 that would ensure enforceability of requirements contained in contracts between government agencies and the service provider specifying the use of alternative-fuel street sweepers. In addition, a written comment letter was received discussing issues associated with government agency enforcement of street sweeping service provider contracts. Response to comments received at the public workshop, public consultation meeting, and written comments are provided in the revised staff report (Attachment E).
Emission Reductions
The proposed amendments serve to prevent potentially significant forgone emission reductions by ensuring current and future use of alternative-fuel street sweepers where specified in street sweeping service contracts between government agencies and private street sweeping service providers. Specific emission reductions forgone due to use of non-compliant sweepers has not been quantified. However, since the use of such vehicles has been limited, the emissions reductions lost are estimated to be small.
California Environmental Quality Act (CEQA)
Pursuant to State California Environmental Quality Act (CEQA) Guidelines §15062, the AQMD is the Lead Agency and has prepared a Notice of Exemption for proposed amended Rule 1186.1. The AQMD staff has reviewed the proposed project pursuant to state CEQA Guidelines §15002(k)(1), the first step of a three-step process for deciding which document to prepare for a project subject to CEQA. Amendments to Rule 1186.1 are administrative in nature, clarify and enhance compliance, and do not relax the existing rule requirements. In addition, the proposed amendments will not worsen or cause any change to the current physical environment. Therefore, it can be seen with certainty that the proposed project has no potential to affect the environment and, as a result, it is exempt from CEQA pursuant to state CEQA Guidelines §15061(b)(3) – Review for Exemption. The Notice of Exemption will be filed with the county clerks of Los Angeles, Orange, Riverside and San Bernardino counties immediately following the adoption of the proposed project.
Socioeconomic Assessment
The proposed amendments do not have a significant effect on air quality or on air emissions limitations. Thus, no socioeconomic analysis is required, as provided in Health and Safety Code Section 40440.5(c).
Recommendation
Staff recommends that the proposed amendments to Rule 1186.1 be adopted. The proposed rule amendments will ensure AQMD enforceability of contractual terms specifying the use of alternative-fuel street sweepers where required under contracts between government agencies and private street sweeping service providers. In addition, the proposed amendments provide for the use of non-alternative-fuel street sweepers where temporarily unavailable at the beginning of a private street sweeping service contract due to the delivery lead time associated with the manufacturer of alternative-fuel street sweeper(s). Finally, the proposed amendments clarify the purpose of the rule and the definition of “affected government agency,” as contained in subdivision (a) and paragraph (c)(1).
Attachments (EXE, 139k)
A. Summary of PAR 1186.1 Proposal
B. Rule Development Process
C. Resolution
D. Proposed Amendments to Rule 1186.1
E. Final Staff Report on PAR 1186.1
F. Notice of Exemption