| May 2, 2007 LOS ANGELES –
A federal judge this week struck down three Southland air quality rules that
would have required railroads to curtail unnecessary locomotive idling and
to assess community health risk from rail yard emissions.
However, in his written opinion, U.S. District Court Judge John F. Walter
acknowledged the Southland’s serious and unique air quality problems and
recognized the efforts made by the South Coast Air Quality Management
District (AQMD) to improve the region’s air quality and the quality of life
for its residents.
Significantly, Judge Walter also found that the federal law in question,
the Interstate Commerce Commission Termination Act (ICCTA), did not
“interfere with the role of state and local agencies in implementing federal
environmental statutes, such as the Clean Air Act.” However, in ruling in
favor of railroad industry plaintiffs, Judge Walter then held that the AQMD
lacked authority under California state law to adopt any of the railroad
rules, and therefore ICCTA preempted the rules.
“We are disappointed that the court did not agree with our legal experts’
opinion that AQMD has the authority to regulate these emissions under
California state law,” said Barry Wallerstein, AQMD’s executive officer.
AQMD attorneys and outside legal experts have maintained that the
agency’s railroad rules are within their legal authority under state law,
and are not preempted by the federal ICCTA because they do not impermissibly
interfere with interstate rail operations.
AQMD’s Governing Board will now consider its legal options, including
whether to appeal the case to the Ninth Circuit Court of Appeals,
Wallerstein said.
“Railroad operations are a significant source of air pollution, including
cancer-causing substances,” he said. “This case emphasizes the urgent need
to further reduce emissions from freight rail operations at the local, state
and federal levels of government.”
This week’s ruling in the case follows a three-day, non-jury civil trial
in late November 2006 in federal District Court in Los Angeles. The case
(#CV06-1416) was originally filed by the railroads in March 2006.
AQMD’s Railroad Rules
To reduce the public health risk from locomotive emissions, AQMD’s
Governing Board adopted three rules:
- Rule 3501, adopted on Feb. 3, 2006, requiring railroads in the region
to keep records of all locomotive engine idling lasting more than 30
minutes, unless a locomotive is equipped with an anti-idling device;
- Rule 3502, also adopted Feb. 3, 2006, prohibiting unnecessary
locomotive idling for more than 30 minutes, unless a locomotive is
equipped with an anti-idling device; and
- Rule 3503, adopted on Oct. 7, 2005, requiring 19 freight rail yards in
the region to submit emissions inventories and health risk assessments to
AQMD.
AQMD’s regulations are significantly more stringent than requirements of
a June 2005 voluntary agreement between the California Air Resources Board (CARB),
Union Pacific and BNSF.
Air Pollution and Health Risks from Locomotives
Locomotives are a significant source of air pollution in the Southland,
responsible for more than 32 tons per day of smog- and particulate-forming
nitrogen oxides. That is equivalent to the emissions from about 1.4 million
cars, pickups and SUVs. Locomotive pollution in the region also exceeds the
combined emissions from the Southland’s 350 largest facilities. In
addition, idling locomotives spew toxic diesel soot into neighborhoods,
backyards and school yards, posing a health risk to residents.
A health risk assessment conducted by CARB in October 2004 at Union
Pacific’s J.R. Davis Yard in Roseville showed that residents living near the
facility are subject to a maximum cancer risk greater than 1,000 in 1
million as a result of diesel particulate matter emissions from the
facility. In comparison, AQMD regulations prohibit any facility such as a
power plant or oil refinery from posing a greater cancer risk than 25 in 1
million. Almost all facilities pose less than a 10 in 1 million risk.
In spite of the magnitude of their pollution problem, railroads have not
done enough to voluntarily reduce their emissions, and in several instances
have been reluctant to adopt cleaner technology.
Reducing locomotive emissions is a key element of AQMD’s 2007 draft Air
Quality Management Plan, a blueprint for achieving federally mandated PM2.5
(fine particulate) standards by 2015.
Although the U.S. Environmental Protection Agency has proposed tougher
emission standards for locomotives, these standards -- if adopted -- will
not come soon enough to help the region meet the federally imposed 2015
clean air deadline.
AQMD is the air pollution control agency for Orange County and major
portions of Los Angeles, San Bernardino and Riverside counties.
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