BOARD MEETING DATE: September 10, 2010
AGENDA NO. 23

PROPOSAL:

Report on Board’s Direction Regarding Adoption of Amendments to Rule 1193

SYNOPSIS:

At the July 2010 Board meeting, the Board adopted amendments to Rule 1193 – Clean On-Road Residential and Commercial Refuse Vehicles. As part of the amendments, the Board adopted a provision to allow small private refuse fleet operators (with less than 50 refuse vehicles) up to two one-year extensions to comply with the Rule requirements if the private fleet operator demonstrates an economic hardship. Staff has developed specific rule language to implement the Board’s direction. This action is to receive and file this report on the specific rule language implementing the Board’s direction.

COMMITTEE:

Not Applicable

RECOMMENDED ACTION:

Receive and file this report.
 

Barry R. Wallerstein, D.Env.
Executive Officer

Background

On July 9, 2010, the Board approved amendments to Rule 1193 – Clean On-Road Residential and Commercial Refuse Vehicles. As part of the amendments the Board approved an allowance for up to two one-year extensions for small private refuse fleets to comply with amended Rule 1193. Staff has developed specific rule language to implement the Board’s direction.

Report

When the Board adopted proposed amendments to Rule 1193, the Board approved a five-year phase-in option for private fleets to reach 100 percent alternative-fueled refuse vehicles for use in refuse collection services under contract with government agencies. The Board also approved an allowance for private fleets to request up to two one-year extensions if the private fleet demonstrates that in total, the private fleet has more alternative-fueled refuse vehicles than the minimum number needed to service a single contract. Furthermore, the Board adopted a provision to allow small private refuse fleets (defined as fleets with less than 50 refuse vehicles) up to two one-year extensions of the five-year phase-in, if a private refuse fleet demonstrates economic hardship in complying with the five-year phase-in.

Staff prepared the following provision to implement the Board’s direction:

(f)(5) A private fleet operator with a combined total of less than 50 solid waste collection vehicles, rolloff vehicles, or transfer vehicles may obtain up to two (2) one-year extensions to extend compliance under paragraph (d)(4), if the private fleet operator demonstrates to the Executive Officer that purchasing a sufficient number of rule compliant vehicles as required under paragraph (d)(4) would create an unreasonable financial hardship on the fleet operator.

Staff will be working through the Rule 1193 Implementation Working Group to revise the Rule 1193 Implementation Guidance document. As part of this effort, staff plans on incorporating more detailed discussion on the minimum amount of information needed for the Executive Officer to grant the extension. Such information may include one year of financial data, written statement from a certified accountant, written statement from a bank representative, or inability to receive public funding assistance or loan assistance guarantees. Staff will provide updates to the Mobile Source Committee on the revisions to the Rule 1193 Implementation Guidance document.