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(August 5, 2008, updated text) -- Following-up in detail on events LBReport.com carried in a live streaming August 4 webcast (via PoLB.com) and first reported yesterday, Cong. Dana Rohrabacher (R., HB-LB-PV) stated at a Congressional hearing at the Port of LB that during the past year and a half, he's advised the Port of LB of new technology that, Rohrabacher says, might allow the retrofitting of older trucks to produce fewer emissions than newer trucks.

Cong. Rohrabacher, a senior member of the House Science and Technology Committee, said final tests on the new technology "will be out this week" and could possibly "lower the emissions to make sure that older trucks are actually cleaner than the new trucks with the attachement onto the [older truck] engine."

Cong. Rohrabacher charged that the Ports had been "unwilling even to test" the new technology. LBReport.com sought and received comment from the Port of LB on this, which we provide below.

The Port of LB and L.A. have implemented "clean truck" programs (now the subject of trucking industry litigation) that effective October 2008 will let only trucks manufactured after 1988 (emitting fewer pollutants) pick up cargo at the ports.

The LB version of the plan (and Mayor Bob Foster who's endorsed it) have drawn fire from unions and environmental groups who charge it forces poorly paid independent owner/operator truckers to incur the major (and for some a prohibitive) expense of buying a new truck at over $100,000. PoLB says it's offering financial incentives and other programs to truckers to ease the cost burden.

Asked for comment today (Aug. 5), Port of LB spokesman Art Wong acknowledged that Congressman Rohrabacher has discussed a type of hydrogen-injection system with PoLB. Mr. Wong said the Port has a technology advancement program, which applies a systematic approach to evaluate various technological proposals brought to the Port. As part of that process, the Port requires certain types of verification and thus far hasn't received it on that system, Mr. Wong indicated.

PoLB spokesman Wong noted that a number of retrofit-type devices have been proposed for trucks manufactured between 1998-2006 to allow them meet 2007 standards. He said one device in particular, a catalytic type unit, appears to be promising and has been forwarded to the CA Air Resources Board (CARB) for its certification. If CARB approves it, the Port would allow trucks built from 1998-2006 to use that device to meet the 2007 standard, Mr. Wong said.

He added that in general, catalytic type devices appear to increase fuel consumption...so fuel savings and maintenance matters also become factors in evaluating new trucks vs. older retrofitted models.

Cong. Rohracher made his statements about new technology at a field hearing of House Transportation & Infrastructure Committee's subcommittee on Coast Guard and Maritime Transportation, held at Port of LB HQ at the urging of Cong. Laura Richardson (D., Carson-LB).

The hearing gave the Ports a high visibility venue to advocate their infrastructure desires, comment on a legislation for a federal container fee that might help fund them...and tout the Ports' environmental initiatives. Cong. Rohrabacher, whose district includes both Ports, was invited to sit as a member of the subcommittee for the hearing. He was the only Republican taking part.

Cong. Rohrabacher opened his Q & A round by noting that he'd authored a container fee bill three years ago that the Ports opposed, and also championed off-peak operating hours ("Pier Pass") initially panned by the Ports. He commended the Ports for coming around to his views...and then publicly admonished the Ports for acting as if the Ports should be the decisionmakers on issues that, Rohrabacher said, were regional matters.

"What is it that makes you seem to think that you guys can determine the best way to accomplish a goal? Is not the goal to bring down the emissions coming from the trucks that service your Ports? Why is it that you had to come up with a complicated system of leasing trucks and involve yourself directly in the implementation of trying to achieve the goal rather than permitting "the market to work" and saying, 'if you could achieve this level of emissions, that's fine' and just insist that that level of emissions be enforced?" Cong. Rohabacher asked.

PoLB's Steinke replied that both Ports were trying through subsidies and incentives to move the industry to [cleaner] new trucks as quickly as possible, prompting Cong. Rohrabacher to respond:

Cong. Rohrabacher: But it's not a clean trucks program. It's a new trucks program. It's an assumption that new trucks are a more cost-effective way to deal with the issue than perhaps offering some type of effort to upgrade old trucks. And I will suggest that as a senior member of the Science Committee, I came to the Ports for the last year and half, suggesting that there might be some technology efforts that would save, you know, we're talking about save tens of thousands, if not hundreds of thousands of dollars per truck, and the Ports were unwilling even to test the new technologies that I was talking about.

Again, look, we're all in favor of the trade that you're talking about. Mr. Chairman, I just think that we have to make sure that we open up this whole dialogue and this discussion so that we are doing the most effective thing, at of course the most reasonable cost, and I don't think that we've had that same type of open discussion with the policies of the Ports in the past and I would hope that with the clean trucks program, I would hope it's not just going to lead us to a situation where we're wasting taxpayers' dollars that could have brought down emissions.

There's a possibility the technology that I was talking about, the final tests will be out this week, would lower the emissions to make sure that older trucks are actually cleaner than the newer trucks with the attachment onto the engine.

In his second round of Q & A, Cong. Rohrabacher pursued the point:

Cong. Rohrabacher: Let me get this right. If an older truck is cleaner and meets emissions that are, it might be cleaner than for example, it's using a new kind of fuel, or has a different type of upgrade on its engine, that older truck, even though it's cleaner, will not be permitted in the Ports?

Port of LB Exec. Dir. Richard Steinke: Congressman, as I understand it...you cannot clean up an older truck to even meet the 2007 standards through retrofit devices or cleaner fuels or anything else.

Cong. Rohrabacher: That's not the question. The question is if somebody does meet an emissions standard that is as clean as a new truck, they will not be permitted?...

Mr. Steinke: The way the program is designed, 1988 and older trucks will not be able to access terminals after October 1.

Cong. Rohrabacher: Mr. Chairman, I just have to say, that to me is almost nonsensical considering how many technologies, I'm on the Science Committee. People come to me with fuel additives every day, people come to me with different devices and different ways of upgrading the efficiencies of engines. It seems like to me that somebody wants to make a lot of money selling new trucks and there's some other powerful forces at play in this, if you don't just go with a standard that has to be met and everybody has to meet the standard.

Cong. Rohrabacher didn't describe the new technology in detail but has referred on previous occasions to a system undergoing tests.

Cong. Richardson came to the LB/L.A. Ports' defense, praising them for leading the way with initiatives that other Ports hadn't taken.

One the Committee-invited witnesses, NRDC attorney David Pettit, told Cong. Rohrabacher that in his opinion, the Ports would be on weak legal ground if they tried to require use of clean air technology because (under recent Clean Air Act litigation that NRDC lost) a federal appeals court ruled that clean air regulations are matters preempted by federal law [which Congress controls].

NRDC attorney Pettit endorsed both Ports' "cleaner truck" programs (and the use of cleaner fuels for idling ship engines) on grounds that if implemented these measures would begin producing cleaner air for area residents "overnight."

LBReport.com provides below on-demand audio access to Cong. Rohrabacher's two verbal encounters with PoLB Exec. Dir Steinke.

Cong. Rohrabacher's exchanges with PoLB Exec. Dir Steinke (who was seated alongside PoLA Exec. Dir. Geraldine Knatz) took place in full view of LB Harbor Commission President James Hankla, Harbor Commissioners Nick Sramek, Mario Cordero and Dr. Mike Walter, LB Councilmembers Bonnie Lowenthal and Rae Gabelich and other area officials seated in the audience.

The hearing was carried live on the Port of LB website (www.polb.com) and simulcast on LBReport.com front page (www.lbreport.com).

To launch on-demand audio of Cong. Rohrabacher's verbal duels with PoLB Exec. Dir Steinke (two encounters, separated below by about two seconds of silence), click here.