Regular Meeting
03/18/24 06:00 PM
Police
Andy Espinoza Jr.
Resolution
Doc ID: 5604
AGENDA ITEM
AGENDA MATTER:
ADOPTION OF RESOLUTION NO. XX-2024 OPPOSING CALIFORNIA AIR RESOURCES BOARD’S
IN-USE LOCOMOTIVE REGULATION
EXECUTIVE SUMMARY:
DISCUSSION:
The City of Barstow is a community that serves as the major railroad and logistics hub in the West. The California Air Resources Board has adopted a well-intentioned, but unworkable in practice new regulation, the In-Use Locomotive Regulation, which will severely curtail the rail industry’s ability to meet the supply chain challenges for the nation for the present and future by forcing railroads to use technology that does not yet exist and by converting lofty aspirational goals into impossible to meet requirements.
The new regulation threatens thousands of well-paying local jobs; and, if implemented fully, could prevent the Barstow community from having the opportunity for the Barstow International Gateway Project to come to fruition. CARB’s regulation came into force on January 1, 2024, but cannot got into full effect unless and until the United States Environmental Protection Agency approves CARB’s request for a federal preemption waiver under the Clean Air Act. Staff recommends the City Council adopt a Resolution opposing this regulation, opposing the regulation’s approval under the Clean Air Act, and directing the City Manager to submit a formal comment letter in opposition.
Residents, business owners, and community members can also express their opposition, including by emailing or writing to the United States Environmental Protection Agency via the rulemaking process:
Written public comments, which need to be identified by Docket ID No. EPA-HQ-OAR-2023-0574, may be submitted by any of the following methods:
Federal eRulemaking Portal: <https://www.regulations.gov>. Email: [email protected].
Mail: U.S. Environmental Protection Agency, EPA Docket Center, OAR, Docket EPA-HQOAR-2023-0574, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
More information is available at the US EPA’s website here:
<https://www.federalregister.gov/documents/2024/02/27/2024-03955/california-state-nonroadengine-pollution-control-standards-in-use-locomotive-regulation-requests> Regular Meeting
03/18/24 06:00 PM
Police
Andy Espinoza Jr.
Resolution
Doc ID: 5604
AGENDA ITEM
There will also be a virtual public hearing held by the US EPA at which anyone may submit oral comments. More information on how to join the virtual public hearing is available here:
<https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearingcalifornias-use-locomotive> Additional information regarding the CARB regulation and its impacts from the American Association of Railroads is attached.
FISCAL IMPACT:
The fiscal impact of the CARB Regulation, if implemented fully, could be significant and negative for the City, particularly if it adversely affected the opportunity for the Barstow International Gateway Project to come to fruition.
RECOMMENDED ACTION:
Staff recommends the City Council adopt a Resolution opposing this regulation, opposing the regulation’s approval under the Clean Air Act, and directing the City Manager to submit a formal comment letter in opposition..