BILL ANALYSIS
AB 28
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Date of Hearing: May 4, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
AB 28 (Jeffries) - As Amended: April 13, 2009
SUBJECT : Natural gas engines: water movement: emissions
limitation requirements
SUMMARY : Prohibits air pollution control districts and air
quality management districts (local air districts) from imposing
specified emissions, testing, and reporting requirements for
natural gas engines.
EXISTING LAW : Imposes various limitations on emissions of air
contaminants. Designates the Air Resources Board (ARB) as the
state agency with primary responsibility for the control of
vehicular air pollution, and local air districts with the
primary responsibility for the control of air pollution from
stationary sources.
THIS BILL :
1)Defines "natural gas engine" as a natural gas engine that is
used in the movement of any type of water and that is owned,
operated, or contracted for operation by a local government or
special district.
2)Prohibits local air districts from imposing any of the
following requirements on a natural gas engine:
a) Emissions testing for oxides of nitrogen (NOx), carbon
monoxide (CO), or volatile organic compounds (VOCs) more
than once every 8,760 operating hours (equivalent to one
year);
b) Emissions testing for NOx, CO, and oxygen by use of a
portable NOx, CO, or oxygen analyzer;
c) Installation of a continuous emission monitoring system
for a natural gas engine of less than 1000 brake
horsepower, regardless of the location of the engine with
respect to any other engine;
d) Submission of reports listing occurrences of breakdowns
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or malfunctions resulting in emissions in excess of
applicable emission limits more than once per year; and,
e) Removal, replacement, or retrofit of any natural gas
engine within five years of the adoption of the
requirement.
3)If a local air district requires an inspection and maintenance
plan, requires the local air district to accept
self-certification of the plan in lieu of formal submission
and approval by the district.
FISCAL EFFECT : This bill is nonfiscal.
COMMENTS :
1)Background
Local air districts are required to adopt all feasible controls
on stationary sources to achieve the state ambient air quality
standards, including for natural gas engines. Stationary
natural gas engines are subject to the reporting provisions of
the ARB Stationary Compression Ignition Engine Airborne Toxic
Control Measure. In 2001, ARB issued the report Determination
of Reasonably Available Control Technologies and Best Available
Retrofit Control Technology for Stationary Spark-Ignited
Internal Combustion Engines (IC engines), which establishes "all
feasible controls" serves as the basis for local air districts
to adopt controls on natural gas engines.
Most local air districts have stationary IC engine rules that
include natural gas engines in order to control NOx emissions.
These measures have been required to meet both the state and
federal ambient air quality standards. Local air district IC
engine rules have been adopted into the State Implementation
Plan, which demonstrates how the state will achieve and maintain
the federal ambient air quality standards. When these plans are
approved by the U.S. Environmental Protection Agency, the rules
become federally enforceable and any changes to the rule must
have federal approval.
2)This bill
According to the author, having back-up power for water pumps is
critical during wildfires and during power outages. The author
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states that new rules passed by the South Coast Air Quality
Management District (SCAQMD), and under consideration by other
districts in the state, have "severely restricted the ability of
water districts, municipal utilities, and some fire protection
districts to install, maintain, or use natural gas as a reliable
source of power to operate domestic water pumps." The author
also states that this bill "would make significant modifications
to the rules passed by SCAQMD and set forth reasonable,
cost-effective guidelines for compliance and reporting."
This bill will reduce regulatory requirements for water
districts and other local government entities using natural
gas-powered water pumps. At the same time, the bill will hinder
the ability of local air districts to implement and enforce
health-based emission limits for IC engines, which could
compromise achievement of air quality attainment goals. The
purpose of local air district standards is to protect public
health; however, the criteria in this bill are not health-based
nor are they necessarily economically beneficial to the general
public. The practical effect of the testing, monitoring and
reporting limitations in this bill would be to overturn the
existing SCAQMD rules and prevent other air districts from
adopting similar rules.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies
California Association of Sanitation Agencies
California Water Association
Castaic Lake Water Agency
City of Corona Department of Water and Power
City of Garden Grove
City of Palm Desert
Cucamonga Valley Water District
Del Paso Manor Water District
Eastern Municipal Water District
Elsinore Valley Municipal Water District
Friant Water Authority
Indian Wells Valley Water District
Lake Hemet Municipal Water District
Kern County Supervisor Don Maben
McKinleyville Community Service District
Mesa Consolidated Water District
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Mission Springs Water District
Ramona Municipal Water District
Rancho California Water District
Sacramento Suburban Water District
San Bernardino County Fire Department
San Diego County Water Authority
Stockton East Water District
Tehachapi-Cummings County Water District
Three Valleys Municipal Water District
Western Municipal Water District
Victorville Water District
Yorba Linda Water District
Yuima Municipal Water District
Opposition
Bay Area Air Quality Management District
Breathe California
California Air Pollution Control Officers Association
Sierra Club California
South Coast Air Quality Management District
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092