(February 4, 2006) -- In a dramatic, high-visibility challenge to a controversial "Memorandum of Understanding" (MOU) negotiated last year by the CA Air Resources Board and CA's major railroads (BNSF and Union Pacific), the South Coast Air Quality Management District's (AQMD) governing board has voted unanimously to adopt rules to reduce railroad locomotive idling in the region on terms more stringent than the CARB-RR MOU accepted statewide.

The AQMD board's February 3 vote -- again -- transcended traditional ideological lines on a major goods-movement related issue. Pro-business voices on the AQMD board including L.A. County Supervisor Mike Antonovich and Chino Mayor Dennis Yates were -- again -- among the most plain spoken in insisting that the region (disproportionately impacted by LA-LB Port-related operations) deserves stricter rules than the weaker standards CARB and the RRs accepted statewide.

"It's the railroads at this time who have been fighting a very necessary change in their policies which have proved to be detrimental to their neighbors and to the communities that they serve, and so I support the position that the Board has been taking on this issue," Supervisor Antonovich said.

The new rules go beyond the CARB-RR MOU by limiting idling to 30 minutes (instead of 60 minutes in the statewide agreement), requiring record keeping and weekly reporting (not in the state agreement)...and limiting exemptions while the AQMD says the MOU "allows broad and vaguely defined exemptions."

In a written release, AQMD said its stricter requirements "address the urgent need to reduce smog-forming and toxic emissions from Southland railroad operations. Adoption of Rule 3501 and Rule 3502 follows a thorough review by AQMD's legal staff and outside counsel of federal and state statutes that demonstrates AQMD's legal authority for adopting the rules."

At the AQMD meeting (monitored via internet webcast by LBReport.com), BNSF's government affairs director testified on BNSF's behalf and on behalf of Association of American Railroads and Union Pacific, urging AQMD not to adopt the new locomotive anti-idling rules:

An AQMD Boardmember queried that RR advocate:

AQMD new rules Rule 3501 (recordkeeping) and 3502 (minimizing emissions from locomotive idling) take effect in August and affect four freight RRs in the region: Union Pacific, BNSF Railway Co., L.A. Junction Railway and Pacific Harbor Line, Inc. [the latter a switching line operating within the Port of LB]. Passenger locomotives are exempt.

Under Rule 3501, RR's must keep records of all locomotive idling lasting more than 30 minutes, provide data on the amount of emissions from idling trains and assist in identifying ways to reduce these emissions. Locomotives equipped with an anti-idling device, or alternative technology such as liquefied natural gas fuel or a battery-hybrid system, are exempt from the requirement.

Rule 3502 prohibits unattended locomotives from idling more than 30 minutes if they are stopped for a crew change or meal breaks, within or queuing in rail yards; or performing maintenance or testing that does not require the locomotive to operate. The rule also prohibits trailing locomotives from idling longer than 30 minutes if a dispatcher notifies an operator of a delay, or if the operator is aware of a delay that is expected to last more than 30 minutes due to locomotive breakdowns. Trailing locomotives are those used to pull the train but follow the lead locomotive.

Individual locomotives are exempted if equipped with anti-idling devices, or if the railroad can demonstrate an alternative strategy that will achieve equivalent emission reductions to those expected from the rule.

The AQMD board's vote to adopt the locomotive rules leaves the RRs with options including: (1) comply with the new AQMD rules; or (2) sue to void the new AQMD rules saying they're preempted by federal law and/or (3) withdraw from all or part of the MOU statewide, or regionally (here).

Some AQMD boardmembers predicted the next shoe to drop: "I expect we'll be sued by the end of business Monday," said AQMD boardmember (and Chino Mayor) Dennis Yates in pressing forward with the Board's action. Boardmember (and Santa Ana Mayor) Miguel Pulido commented, "I'd rather take a position and get sued than dance around this and say let's try to avoid a confrontation. I think we need a confrontation because the present is not a good situation and I think we can definitely do better."

Noting that the RR industry rep advocated a statewide standard, Mayor Pulido added, "I think we do need a standard statewide, but it should be the higher standard that we're trying to adopt, not a lower standard that we have right now."

In capping the discussion, AQMD board chair Dr. William Burke said:

The item is currently on the Council's "consent" calendar" (items usually approved without discussion) but can be pulled for discussion if requested by a Councilmember or the public.