Clean Air Testimony

As the new home of NJPIRG's environmental work, Environment New Jersey can be contacted regarding this testimony.

NJPIRG supports the passage of S1759 and SCR113 because of the immediate importance of addressing the public health risk from diesel soot pollution from diesel school buses, transit buses, garbage trucks and other public diesel vehicles. This bill targets vehicles that effect people where they are, whether it be in residential neighborhoods, people riding to work daily or schoolchildren. New Jersey residents face a direct public health impact each year because of the impact of soot on our lungs. A recent report from the Clean Air Task Force, using EPA modeling, found diesel pollution results in over 800 premature deaths, over 1,300 heart attacks, and over 17,000 asthma attacks each year in New Jersey. The report also cited the state as having the second worst cancer risk rate from diesel pollution in the nation. This legislation will start to address the impact of diesel soot pollution by reducing soot levels each year by up to 400 tons, or roughly 10 percent of diesel soot pollution levels, and targeting soot hot-spots.

Diesel “Hot-Spots” On The School Bus:
New Jersey’s kids are the most vulnerable – they breathe in more air causing a bigger impact on their developing lungs. The Task Force report cited over 28,000 children who suffered respiratory problems – everything from bronchitis and mild asthma attacks to emergency room visits. New Jersey already has over 100,000 school children who suffer from asthma and asthma attacks are the number one reason for school absences.

As soot pollution rises, so does risk. Areas close to main roads and highways are especially hit hard, as well as an unlikely source – inside diesel school buses. Schoolchildren face a regular health risk because they’re exposed to elevated levels of soot inside the bus cabin. An April study from the University of California showed that children on diesel buses breathe in more soot than everyone else in the surrounding metropolitan area combined, and up to 70 percent more soot than the average commuter. The study included buses as new as model year 2002. Kids not only face this increased risk from exposure; they are also more vulnerable to the impacts of air pollution. Research from the Harvard School of Public Health showed that young children’s lungs will get two and half times the dose of soot particles as an adult’s lungs.

Diesel Clean Up Technology Works:
This legislation is addressing diesel pollution “hot spots” – where the public is unduly exposed to excess diesel soot pollution. The initial clean-up for soot pollution inside the school bus cabin – closed crank-case filters – was shown to virtually eliminate diesel soot pollution, known as particulate matter 2.5, compared to a conventional bus that peaked at the 120 microgram level of soot pollution. The bill would also call for a study to test the amount of soot pollution reduced by full clean-up of the bus’ exhaust system, which will allow the DEP to measure the effectiveness of a full retrofit.

Appropriately, the legislation prioritizes diesel engine clean-ups for school buses because of the immediate public health risk. The diesel engine clean-ups for garbage trucks, transit buses and other public diesel vehicles will use the best fitted clean-up technology, which will reduce the amount of soot pollution by up to 90 percent. It is crucial to note that both garbage trucks and NJTransit buses will be prioritized before commercial buses, providing ample lead time for these buses to prepare for clean-ups.

A 2001 Department of Energy study confirmed the reliability and durability of diesel engine retrofits, and states and cities across the country have already adopted retrofit programs. New York City Transit has cleaned up 6,500 diesel buses since 2001; a City Council bill will now expand those clean-ups to the city’s fleet of school buses. Other cities and states include Los Angeles, Boston, Washington and both California and Texas have state-wide programs. In California, diesel engine retrofit manufacturers provide a double warranty program that covers both the retrofit and the actual engine itself, a model that is included in this legislation.

CBT Is Viable Funding Source:
Currently, four percent of CBT revenue is constitutionally dedicated to environmental programs. SCR113 proposes to shift 16.67% of these dedicated funds from the site remediation program and underground storage tanks to create an air pollution fund. These funds would provide roughly $14 million annually over a 10-year period to fund these clean-ups of public diesel vehicles. The current surpluses in both programs is generous enough to expand the scope of site remediation, underground storage tanks and pursue diesel engine clean-ups. The site remediation program is expected to generate $340 million over a 10-year period, with an additional reserve available. A strategy of forcing the hand of responsible parties will also generate more revenue for the program. The UST fund has collected a surplus of $80 million, it is still taking in more money than it expends, grant outlays have declined in the past three years and, even using a conservative estimate of CBT revenues, revenues over a 10-year period will be in excess of $135 million. Even with a program expansion to go after at-risk tanks and a more ambitious site-remediation program, the DEP says that there enough funds to address the public health crisis of diesel soot pollution.

Some Future Steps To Reduce Diesel Soot Pollution:
This legislation is the first step towards cleaning up diesel soot pollution in New Jersey and putting us on the path toward reaching a health-based standard of air quality of 12 micrograms across the state. Currently, 13 counties across New Jersey are out of attainment with the U.S. EPA because they exceed the current annual soot standard; we still need to do more. While not comprehensive, some of the policy initiatives that will help us reach this health-based standard include:

1) A Gubernatorial Executive Order on public contracted off-road diesel vehicles. To help the state reach a health-based standard, the state can mandate that off-road diesel vehicles used in public contracts are retrofitted with pollution controls.

2) A strong polluter pays principle which requires that the private trucking industry pay to clean up their engines through a small increase in the diesel fuel tax. These engine clean-ups would target the most long-term polluting vehicles and would represent a significant reduction of diesel soot pollution.

3) Work to transition existing diesel state vehicles that are slated for retirement or which can’t handle the most effective clean-up technology with non-diesel vehicles, like CNG (compressed natural gas) vehicles. New York City passed legislation earlier this month to start replacing diesel garbage trucks with the latest models of CNG diesel vehicles.

Breakdown Of Diesel Soot Reduction Plan:

Vehicle Type	Number of Vehicles	Ton reduction per year	Cost
School Buses – Crankcase	16,470	N/A – in cabin strategy	$7 million
Garbage trucks - publicly owned & privately owned that are used in public contracts	310 publicly owned 1,870 privately owned & used in public contacts	10.5	$7.7 million
Publicly owned on-road and non-road	2,138	15	$11 million
NJ Transit	1,993	20	$11 million
Privately owned commercial transit buses	7,588	70	$49 million
Anti-idling*	N/A	200 tons	N/A
Program Admin Costs**	N/A	N/A	$11.5 million ($1.15 for 10 years)
Ultra-low Sulfur Diesel Fuel***	N/A	810 tons (over 4 years)	N/A
School Buses – Tailpipe	16,470	Up to 11 tons	Up to $49 million
TOTAL	30,369	396.5-407.5 tons	$97.2-$146.2 million

 
* Through strong notification and enforcement of idling restrictions for diesel vehicles, the DEP estimates a reduction of 200 tons annually.

** DEP Admin Costs - $1.15 million per year. (includes other agencies & study)

*** Under federal rules, on-road vehicles are required to switch to ultra low sulfur fuel in 2006 and off-road equipment in 2010. This initiative requires off-road equipment to comply with the same schedule as on-road vehicles, with a total reduction of 810 tons.