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ARB chair, construction industry, announce deal on diesel emissions

By Daniel Weintraub

California’s top air quality regulator and the head of a major construction industry trade group announced Thursday that they have reached agreement on a plan to reduce diesel emissions from construction equipment.

The agreement, if approved by the full Air Resources Board in December, would end years of dispute between the board and the Associated General Contractors of America, which has fought California’s diesel emission regulations for construction equipment since they were adopted in 2007.

The deal will postpone until 2014 any mandatory changes the industry will have to make, and will essentially rely on the replacement of aging equipment with newer vehicles that come with cleaner-burning engines, rather than the forced installation of expensive and potentially dangerous retrofit filters to capture diesel exhaust.

Since the beginning of this year the contractors have been pushing the ARB to recognize and correct flaws in a computer model the state used to estimate emissions from construction equipment at the time the original rule was adopted. The industry claimed, and the board’s staff later confirmed, that actual sales of diesel fuel to construction companies was far lower than the computer model was predicting.

Part of the discrepancy was due to the recession’s toll on construction. With fewer projects underway, fewer vehicles were in use, less fuel was being consumed and thus emissions were lower than projected.

But a big part of the difference was also due to flaws in the ARB’s computer model, which had overestimated how much each piece of equipment was being used and the intensity of that use.

Michael Kennedy, general counsel for the contractors’ association, praised the ARB staff for being open to criticism about its computer model and willing to consider changes. He called today’s agreement “a victory for good data and good science.”

ARB Chairwoman Mary Nichols downplayed the model’s problems, instead attributing the change in direction to the board’s desire to react to the effects of the recession. Although the board’s staff unveiled a proposal just last week that delayed implementation of the regulations until 2012, Nichols said she was comfortable pushing that date back another two years.

Even with the delay in the regulation’s mandatory provisions, Nichols said, she expects California to meet federal requirements for reducing diesel emissions by the end of 2014.

Nichols said that one of the few good things to come out of the recession was that the downturn, by depressing construction activity, “gave us a little more time to address this problem.” A recent ARB study attributed 9,200 premature deaths per year to diesel emissions known as “fine particulate matter.”

“This is a good agreement,” Nichols said.

 

ARB: fine particle pollution kills 9,200 per year

By Daniel Weintraub

More than 9,000 Californians are dying prematurely every year because of the health effects of the kind of pollution emitted by diesel trucks and heavy equipment, according to a new study by the Air Resources Board, the state’s air quality regulator.

The study is the first released by the state to claim that the microscopic particles emitted by engines burning diesel fuel actually cause early deaths, rather than simply being correlated with them.

The new analysis uses the same methodology as a recent report from the US Environmental Protection Agency, which relied extensively on a study of a half million people in 116 cities across the country.

“The EPA concluded that there was a causal relationship between (diesel pollution) and premature death,” Bart Croes, chief of research for the Air Resources Board, said in an interview. “It’s not just some random statistical association.”

The study doesn’t say how much longer the victims would have lived, on average, if they had not been exposed to diesel pollution. But the people dying early are thought to have been suffering already from heart disease, emphysema and other disorders that left them vulnerable to the effects of the particles, which are about 1/30th the diameter of the average human hair.

Both the EPA and air board studies used epidemiology – the study of disease trends – to conclude that fine particles were causing premature deaths. Researchers examined death rates from all causes and found that they were correlated with increases in detected levels of diesel pollution. They then used statistical modeling to try to account for other potential causes of death, from smoking to diet and job hazards.

They were left with numbers which, they concluded, showed about a 5 percent increase in deaths above the expected rate in places with a heightened exposure to PM 2.5, the kind of particulate matter generated when engines burn diesel fuel and send their exhaust into the air.

Although toxicologists have not established exactly how these fine particles cause disease and death, they are believed to lodge in the lungs or other tissue and lead to illness.

The latest air board study replaces one released two years ago that estimated the number of early deaths at about 18,000 per year. That study was controversial in part because its lead author, Hien Tran, had falsified his credentials.

Although the ARB disciplined and demoted Tran, the agency stood by his study, saying it had been reviewed and found to be sound. But the latest study used different methods, a different data base and had the benefit of the latest EPA numbers.

While its estimate of premature deaths is only half as large as the Tran study concluded, the new report has a smaller error range – plus or minus about 2,000 deaths – and is considered by the board’s staff to be a tighter estimate.

The research also concluded that about 2,700 deaths per year could be avoided by implementation of the air board’s rules forcing trucking companies and construction firms to reduce the pollution from their trucks and equipment.

But James Enstrom, a UCLA researcher and frequent critic of the air board’s work, said in an interview that he doubts the accuracy of the new report. He said his own research and that of several other scientists has shown that there is essentially no measurable risk of premature death from fine particles in California.

“There’s no relationship between total mortality and PM 2.5 in the state of California,” Enstrom, an epidemiologist, said in an interview. “I am saying I think the effect is not present in California.”

ARB researchers, however, point out that Enstrom’s own research found an effect similar to the one they have established. His work focused on people who were part of a group followed for decades as part of a research project originally aimed at tracking the effects of tobacco.

When that group was younger, Enstrom’s data show, there appeared to be an increase in early mortality that was similar to what the most recent ARB study found. Numbers for the older members of the research database did not show the same effect, however, and those are the figures that Enstrom says are more reliable.

But the ARB says the effect declined as the research subjects aged because those who were most vulnerable to the harmful effects of the pollution died early. Those whose bodies were more equipped to weather the pollution lived longer, making it less likely that researchers would see an effect on them in their later years, said Croes, the chief of research.

 

ARB concedes error in off-road truck rule, plans to revise regulation

By Daniel Weintraub

The California Air Resources Board acknowledged something Tuesday that critics have been saying for months: the state vastly over-estimated the amount of diesel pollution emitted by big off-road construction vehicles.

The error, contained in an ARB computer model and compounded by a recession that idled far more trucks than expected, means that the construction industry would come close to meeting state-mandated targets for reducing pollution through 2025 even if regulations designed to force firms to retire or retrofit their dirtiest trucks are repealed.

The rule affects more than 100,000 construction vehicles, including tractors, scrapers, graders, bulldozers and other trucks used on road and building projects around the state.

The revision was prompted in part by an independent study showing that actual diesel fuel sales in California to construction companies were far lower than the state’s computer model predicted.

After reviewing the model, the ARB’s staff conceded that there were fewer construction vehicles in operation than projected, those trucks were newer and thus cleaner than anticipated, they were being used less often than expected, and when they were used, they were run at a lower power than the model assumed.

Combined, all of this means that construction vehicles are polluting far less than the state believed when the ARB adopted regulations in 2007 to reduce diesel pollution from the industry.

The agency is holding a series of workshops around the state to solicit input from stakeholders and others on the revised emissions projections, known as an inventory.

Once those workshops are complete, the ARB staff will propose a revised regulation reflecting the lower numbers. The agency is expected to act on that regulation by the end of the year.

Industry officials said Tuesday that the new figures are so low that the state should simply repeal the regulation and let the industry’s fleets grow cleaner on their own as older trucks are retired and replaced by newer vehicles with engines that burn cleaner.

“The fact that this agency has been willing to find and fix the significant flaws in its original estimates is a victory for sound science over rash regulation,” Mike Kennedy, general counsel for the Associated General Contractors of America, said in a statement released by the association. “As the agency’s own data now makes clear, it is time for the board to repeal its costly and unneeded rule.”

 

Truck rule based on flawed data, ARB staff admits

By Daniel Weintraub

A computer model that the Air Resources Board used to justify historic restrictions on diesel emissions from off-road construction equipment may have attributed twice as much pollution to those heavy trucks as they actually produce, according to interviews with ARB staff.

That error, coupled with the effects of the recession on the construction industry, means that the excavators, backhoes and graders that operate in California are producing only a fraction of the pollutants that the board believed was the case when it adopted the regulations in 2007.

The industry has been pushing the air board to repeal or at least suspend implementation of the rule, which requires contractors to get rid of old, heavily polluting engines and retrofit others with filters to capture the diesel particulate matter before it reaches the ambient air.

From the beginning, construction contractors have contended that the rule was misguided, would force some contractors out of business and had costs that exceeded its benefits.

Now the Associated General Contractors, a lobbying group that is leading the fight against the regulation, has released a report alleging that the ARB model exaggerated the emissions by a factor of about four. Combined with the effects of the recession, the contractors say, emissions today are only one-sixth as high as the board projected they would be at the time the regulation was adopted.

The consequences could be huge for the industry – and for other polluters. If the numbers used by the ARB were wrong, then the construction industry might not have to do much more to meet the emission standards the board adopted through 2025. But since the state is still required by the federal government and its own rules to meet overall goals for reducing pollution, other sources, perhaps on-road trucks and buses, will have to make up the difference.

“What this reveals is that emissions from the off road equipment in the construction industry are far below not only the board’s original estimate, but far below most of its targets,” said Mike Kennedy, general counsel for the contractors’ group. “Without any rule of any kind, the construction industry will exceed the board’s objectives for [Nitrogen oxide] emissions through 2025 and it will exceed the objective for particulate matter emission up to the year 2020.”

The air board is meeting today to begin discussing how to proceed. The board’s staff plans public workshops later this spring to discuss the problem, and plans to make a recommendation to the board this summer. A decision about the future of the off-road truck regulation will probably come in September.

The board’s staff disputes the contractors’ figures and its conclusions about the future of the rule. But they concede that the model was flawed and will need to be rewritten.

“We believe that our previous estimates were a little high,” said Kim Heroy-Rogalski, who manages implementation of the off-road truck rule. “We do believe we need to take a look at it and adjust for whatever inaccuracies might have been in there.”

Michael Benjamin, chief of the board’s mobile source analysis branch, said an internal review of the model has concluded that earlier estimates were off by a factor of between 1.4 and 2. That means the board may have attributed twice as much pollution to the construction trucks as they actually produce.

In addition to the errors in the model, the board’s staff has determined that off-road construction activity in 2009 was only about half what it was in 2006, because of the recession. Correcting for both the error and the effects of the recession could reduce estimates of emissions to levels far below what the board originally required the industry to meet.

The problems with the computer model came to light after a study by UC Berkeley researchers compared the amount of fuel actually used by the trucks to the amount that the ARB model projected they would use. While Heroy-Rogalski and Benjamin said that study oversimplified the problem, they acknowledge that it did prompt them to reexamine their model, a review that uncovered serious flaws.

The model is based on assumptions about the number of construction vehicles in use in California, their age, the size of their engines, how often they operate and the intensity at which they run. This last variable, known as the “load factor” may be responsible for much of the error the board is addressing now.

Benjamin said the state uses a formula for the load factor patterned after one used by the US Environmental Protection Agency. The EPA, he said, is revising its model and California hopes to follow suit.

“The load factor is the most problematic,” Benjamin said. “We are hoping we can incorporate the results of their testing programs. But it is not a straightforward and simple process. It’s quite time consuming.”

Heroy-Rogalski said that, despite the problems with the model and the hardships of the recession, the air board still has an obligation to protect public health.

“You can go into this, watch different people debating technical points, but it is important to step back,” she said. “The ARB recognizes that these are really challenging rules to comply with. We recognize there has been this huge recession. Yet the rules are still important from a public health perspective. We’re trying to achieve a balance, making sure we achieve our public health goals and still give as much relief as we can.”

 

Air board might roll back off-road diesel rule

Updated at 9:40 am March 10.

Diesel emissions from off-road construction equipment like this would be regulated by a rule the Air Resources Board is being pressured to roll back.

California’s Air Resources Board is coming under increasing pressure from construction industry contractors seeking to roll back regulations adopted three years ago to sharply reduce the amount of diesel pollution from big off-road tractors, scrapers and earth-movers.

The air board adopted the new rules in 2007 to eliminate thousands of tons of emissions annually from construction vehicles by 2025. The regulations required truck owners to retire old engines and retrofit other machines with filters to trap the particulates before they could reach the air.

At the time, the board said the regulation would prevent 4,000 premature deaths in California by 2025, when the rules were to be fully implemented.

The construction industry opposed the regulations, arguing that the benefits were unproven and the costs would be enormous, placing a huge financial burden on companies forced to dump or retrofit old equipment. And the industry has been fighting the rules ever since.

Now the board, after insisting for years that its original analysis would stand the test of time, is giving ground. The board’s staff is preparing a report that will likely suggest
changes to the off-road rule and, possibly, a similar rule involving heavy-duty on-road trucks and buses.

“There will probably be at least some changes to the off-road regulation,” said Kim Heroy-Rogalski, a staff air pollution specialist for the board.

The regulators have conceded that they did not fully anticipate the toll the economic recession would take on the construction industry.

“We definitely under-estimated the worst recession since the Great Depression,” Heroy-Rogalski said. “People are operating their off-road vehicles less than we would have anticipated.”

Aside from the effects of the recession, however, industry representatives also believe that there were serious flaws in a computer model the air board used in 2007 to estimate the level of diesel emissions statewide. The air board is studying some of those claims and plans a response soon.

“We’re currently undertaking a comprehensive review to look at what we think the current off-road emissions are versus what we thought they’d be,” Heroy-Rogalski said. “We’re looking at every source out there, every rule we have, how the recession has affected it, how new information plays into it, where do we really think we are and what
flexibility we have where we can bend on some of these things.”

The challenge comes at a sensitive time for the air board. A little over a year ago, the board was forced to admit that a staff scientist who led a study of the health effects of diesel exhaust had falsified his resume, and the board relied on his work anyway. And the board’s conclusions about the economic benefits of the state’s landmark greenhouse gas law have been harshly criticized in peer reviews and, this week, questioned by the non-partisan legislative analyst.

A board acknowledgment that its computer modeling produced inflated estimates of diesel emissions from the off-road vehicles would be more fodder for critics who argue that the once widely respected ARB is now driven more by ideology than by science.

The Legislature and the governor already have forced some changes in the off-road rule. As part of one of last year’s budget agreements, lawmakers voted to postpone enforcement of the rule for companies that could demonstrate that the recession had forced them to shrink or idle their fleets.

Then, last month, the board postponed enforcement altogether at least until California could gain a regulatory waiver from the US Environmental Protection Agency as part of the state’s effort to meet federal clean air standards.

But the contractors say that’s not enough. They want the rule repealed, or at least suspended for several years.

“There is no need to implement this rule at this point,” said Brian Turmail, a spokesman for the Associated General Contractors of America, a group that has led opposition to the regulation from the start. “To do so despite data showing it’s not necessary will have a very serious and negative impact on the state’s already beleaguered construction industry.”

The contractors say that because of the recession, nitrogen oxide emissions from off-road diesel equipment will be 58,000 tons below the state’s target levels in 2010 and will remain below the target every year through 2025. They believe the emission of diesel particulate matter will be 2,500 tons below the target this year and will stay below the state’s goals at least through 2013.

The air board has not accepted those numbers. Heroy-Rogalski said they are based on what she believes is an incomplete count of the off-road machines in use in the state. And she says the industry’s projections also assume that the deep cuts in the size of company fleets caused by the recession will never be recouped – an assumption she described as “disingenuous.”

“If you have a huge recession, at some point you’re going to have a huge recovery,” she said.

Environmentalists who follow the air board’s rule-making are also concerned that the recession not be used as an excuse to accomplish with the industry has been arguing for all along.

“There are some legitimate reasons for adjustment, but it’s also the same old agenda on behalf of the contractors and others,” said Bill Magavern, executive director of Sierra Club California. “We want to make sure that the importance of public health is weighed, including the economic impact of sickness due to air pollution, along with the industry’s arguments.”

Magavern said the two diesel rules are “two of the most important ways to improve air quality in California and protect our longs and our health.”

But Heroy-Rogalski acknowledged that the board will probably adjust its numbers at some point and is looking for ways to accommodate the industry without forfeiting the public health goals behind the regulation.

“I suspect it will come out that because the recession is so severe, there is some emission cushion we can look at,” she said. “Our goal is not to impose pain. It is to clean up the air.”

The board’s executive officer has scheduled a hearing for Thursday at which he will listen to the industry’s complaints. The staff will then take those views into account as it considers adjusting what is known as the emissions “inventory” – an estimate of the amount of pollution caused by the vehicles in a given year.

A report on the issue is scheduled to go to the board in April, and could also incorporate proposed changes in a similar rule adopted for on-road trucks and buses. Heroy-Rogalski said she expects the board to study the issue for several months and adopt any changes in August or September.

–Daniel Weintraub

Photo by threecee.

 

Heart disease linked to pollution

A new study suggests that living close to busy freeways is related to your chance of getting heart disease. The study found a statistical correlation between exposure to diesel particulate matter — the exhaust from big trucks — and the thickening of plaque on the arteries, a pre-cursor of heart disease. The researchers concede, however, that their conclusions are weakened by a small sample size, and they report that the connection between the heart condition and exposure to pollution was greater among low-income people, suggesting that other factors, including diet or stress, could also be in play.

To see the full study, go here.

Photo by Daniel R. Blume
 
 
 

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