Clean Air Act


The California Air Resources Board (ARB) has extended the verification for the Proventia Group’s FTF and Bobtail FTF to cover model year (MY) 2003 transport refrigeration unit (TRU) engines.

This action was taken in anticipation of ARB’s planned amendment to the TRU Airborne Toxic Control Measure (ATCM), which will change the in-use performance standard for MY 2003 engines from the Ultra-Low Emission TRU in-use performance standard to the less stringent Low-Emission TRU (LETRU) in-use standard.  MY 2003 TRU engines are required to comply with this in-use standard by December 31, 2010.

The Proventia FTF and Bobtail FTF flow-through filters reduce diesel particulate matter emissions at least 50 percent, plus they comply with the 20 percent NO2 limit, qualifying it as a Level 2 Plus Verified Diesel Emissions Control Strategy (VDECS).

This verification allows the FTF and Bobtail FTF Level 2 VDECS to be used as a retrofit compliance option to meet the TRU ATCM’s LETRU in-use standard.  It can be used on Thermo King TRUs with MY 1987 through 2003 truck TRU engines and MY 1985 through 2003 trailer TRU engines, provided certain terms and conditions are met.  TRU owners should read about the specific terms and conditions for which the Proventia FTF and Bobtail FTF have been approved in Executive Order DE-08-001-04, which will be posted the week of July 19, 2010, on the ARB Verification Procedure – Level 2 website at http://www.arb.ca.gov/diesel/verdev/level2/level2.htm.  The list of engines that can be matched with this filter will also be posted there as an attachment.

Additional information is available at: http://www.proventiafilters.com/

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In what is considered to be a blow to U.S. corn growers, the EPA today sent a letter to the Gen. Wesley Clark chaired trade association “Growth Energy” indicating that the EPA needed more time to complete tests on how an increase by 5% (from 10% ethanol to 15% ethanol) in ethanol content may damage engines and fuel lines.

The good news for Growth Energy, which formally petitioned for the increase, was that the EPA reported that two tests showed that engines in newer cars can handle the higher blend. “The announcement is a strong signal that we are preparing to move to E15,” Growth Energy said in a statement, asserting that the switch would mean 136,000 new jobs.

However, the Renewable Fuels Association saw it as a major blow to the growth of biofuels in the U.S. “The delay threatens to paralyze the continued evolution of America’s ethanol industry,” RFA president Bob Dinneen said. “Moreover, this delay will chill investment in advanced biofuel technologies at a critical time in their development and commercialization.”

As it stands, the U.S. ethanol industry benefits from a tax credit, a tariff on imported ethanol and from the nation’s Renewable Fuel Standard, which will require fuel distributors to blend 15 billion gallons of ethanol with gasoline in coming years. But the industry is fast reaching that point and will exceed 11 billion in 2009.

The E15 blend has been controversial in part because of the damage that ethanol, a corrosive, already has caused in fuel lines and other components of boat engines and some small motors.

The EPA is involved because of air pollution implications and was required under the Clean Air Act to act by today on Growth Energy’s waiver request. The federal agency said that is has been working with the Energy Department to conduct tests “as quickly as possible given the available testing facilities.”

The Environmental Working Group, a Washington-based advocacy organization, praised the EPA’s deliberate process. The group’s Craig Cox said that sound science had trumped “efforts by well-funded and politically well-connected ethanol lobby to short circuit” the testing process.

The Incentive Programs Advisory Group Meeting, scheduled for December 3, 2009, is being postponed until early 2010.  We will send out a meeting notice once we select a revised meeting date. The meeting is being rescheduled to better align with upcoming revisions to both the Carl Moyer Program Guidelines and the Goods Movement Emission Reduction Program Guidelines.

These proposed guideline updates will be considered by CARB in March 2010. CARB believes the next Advisory Group meeting will be most productive if it is held after CARB staff has held workshops on its proposals but before Board consideration.

The Incentive Programs Advisory Group, led by ARB Board Member Sandra Berg, provides a forum for discussing policy level issues relating to the development and ongoing implementation of California’s air quality incentive programs. These include the Carl Moyer Program, the Lower-Emission School Bus Program, the Goods Movement Emission Reduction Program, the AB 118 programs, and other locally run air district programs, among others.  The group meets twice a year to provide a venue for policy level coordination among agencies and programs.

For more information about the Advisory Group, please visit ARB’s web site at http://www.arb.ca.gov/msprog/moyer/advisory_group.htm .

The California Air Resources Board (CARB) has issued an advisory (Marine Notice 2009-1) regarding implementation of an upcoming  regulation on fuel sulfur and other operational requirements for ocean going vessels. The purpose of the advisory is to notify owners and operators of ocean-going vessels of a new regulation adopted by CARB that requires the use of marine distillate fuels.

The fuel requirements in the proposed regulation are summarized in the table below. These fuel requirements apply to ocean-going vessel main (propulsion) diesel engines, auxiliary diesel engines, and auxiliary boilers when operating within the 24 nautical mile regulatory zone off the California Coastline.

Fuel Requirements for Ocean-going Vessel Main (propulsion) Diesel Engines, Auxiliary Diesel Engines, and Auxiliary Boilers

Fuel Requirements Effective Date Fuel
Phase I July 1, 2009* Marine gas oil (DMA) at or below 1.5% sulfur; or Marine Diesel oil (DMB) at or below 0.5% sulfur
Phase II January 1, 2012 Marine gas oil (DMA) or Marine diesel oil (DMB) at or below 0.1% sulfur

*All initial effective dates have been administratively aligned to begin July 1, 2009

Currently, CARB is giving the regulation its final administrative review.  CARB expects approve the regulation to become legally effective late in June, with compliance with the new requirements by vessels beginning on July 1, 2009. A second advisory (Marine Notice 2009-2) will be issued shortly that will provide additional detail on the regulation.

Marine Notice 2009-1 is available at the following:  http://www.arb.ca.gov/ports/marinevess/documents/marinenote2009_1.pdf

Other information for marine vessel programs is available on CARB’s website:  http://www.arb.ca.gov/marine

The United States took a critical step towards protecting Americans from harmful ship emissions by becoming the first country to ask the International Maritime Organization to create an emissions control area (ECA) around the nation’s coastline, the EPA announced today at a joint news conference with the Coast Guard and New Jersey elected officials.

According to the EPA’s data, the creation of an ECA would save up to 8,300 American and Canadian lives every year by 2020 by imposing stricter standards on oil tankers and other large ships that spew harmful emissions into the air near coastal communities where tens of millions of Americans live, work, play and learn. The United States is proposing a 230-mile buffer zone around the nation’s coastline in order to provide air quality benefits as far inland as Kansas.

“This is an important – and long overdue – step in our efforts to protect the air and water along our shores, and the health of the people in our coastal communities,” said EPA Administrator Lisa P. Jackson.  “We want to ensure the economic strength of our port cities at the same time that we take responsible steps to protect public health and the environment in the United States and across the globe.”

U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, said, “We have known for a long time that our families that live around ports have a higher rate of respiratory illness, including cancer. EPA’s announcement today is music to my ears because it means the United States is stepping forward to take a strong leadership role on clean air around ports.”

Under this program, large ships such as oil tankers and cargo ships that operate in ECAs will face stricter emissions standards designed to reduce the threat they pose to human health and the environment. These standards will cut sulfur in fuel by 98 percent, particulate matter emissions by 85 percent, and nitrogen oxide emissions by 80 percent from the current global requirements.

To achieve these reductions, ships must use fuel with no more than 1,000 parts per million sulfur beginning in 2015, and new ships must used advanced emission control technologies beginning in 2016.

Air pollution from ships is expected to grow rapidly as controls on other mobile sources take effect and port traffic increases. Ocean-going vessels, which are primarily foreign owned and operated, dock at more than 100 U.S. ports, more than 40 of which are in metropolitan areas that fail to meet federal air quality standards.

EPA led the U.S. effort to develop the proposal in coordination with federal partners such as the Coast Guard, State Department and the National Oceanic and Atmospheric Administration. Canada joined the U.S. as a co-proposer on the ECA proposal, advancing a strategy for a coordinated geographic emissions control program.

The proposal, submitted to the IMO on Friday, March 27, is one part of a comprehensive EPA program to address harmful emissions from ocean going vessels under the National Clean Diesel Campaign and the Clean Ports Program. Other elements include adoption of a Clean Air Act rulemaking process, which EPA plans to finalize this year.

The IMO, a United Nations agency, will begin reviewing the proposal in July. Approval of the proposal could occur as soon as next year.

For the Post analyzing the EPA’s Press Conference, follow this link:  https://transportenvllaw.wordpress.com/2009/03/31/epa-proposes-to-create-an-emission-control-area-along-the-us-coastlines-to-cut-harmful/

EPA issued the following press release this morning:

EPA Administrator Lisa P. Jackson will hold a joint news conference on Monday with federal and state officials to announce a new proposal to address harmful emissions from ships that travel near communities where tens of millions of Americans live, work, play and learn.

Administrator Jackson will be joined by Coast Guard Rear Admiral Sally Brice-O’Hara, New Jersey Governor Jon Corzine, Senator Frank Lautenberg and Congressmen Donald Payne and Albio Sires on Monday at Port Newark in New Jersey.

Emissions from ocean-going ships can contaminate the air in nearby communities. These ships dock at more than 100 U.S. ports and more than 40 of those ports are in metropolitan areas that do not meet federal air quality standards.

Who: EPA Administrator Lisa Jackson, Coast Guard Rear Admiral Sally Brice-O’Hara, New Jersey Governor Jon Corzine, Senator Frank Lautenberg and Congressman Donald Payne, Congressman Albio Sires

What: Press conference to announce proposal to slash harmful ship emissions

When: Monday, March 30, 2009 at 12:00 p.m.

Where: Berth 50 at Port Newark.

Rain Location: New York Shipping Association Training Center, 1210 Corbin Street, Elizabeth.

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