ASLRRA: EPA final rule on state locomotive regs is 'very concerning'

States can enact stricter emissions standards for locomotives than those required by the federal government, according to a final rule issued by the U.S. Environmental Protection Agency.

Published last week in the Federal Register, the EPA rule takes effect Dec. 8. The impact means that the California Air Resources Board’s (CARB) locomotive emissions regulations will not be in violation of federal standards.

Both the Association of American Railroads and American Short Line and Regional Railroad Association (ASLRRA) are challenging in court the CARB regulation, which calls for fees charged to railroads that use locomotives that are not Tier 4 or zero-emission units.

The EPA's final rule — which gives states the authority to regulate locomotives and engines if they receive a waiver from the EPA — "is very concerning" for the rail industry," said ASLRRA President Chuck Baker.

"Not only is the CARB rule extremely problematic for short lines (CARB even acknowledges in its own rulemaking that some short lines may go out of business because of it), but state-by-state regulations will be detrimental to the efficiency and fluidity of the entire interconnected freight rail network," Baker said in an email to Progressive Railroading.

"CARB is requiring the implementation of technology that is just not ready for commercialization on the timeline outlined and will immediately harm short lines who would be forced to upgrade locomotives at a pace that is not possible with their current cash flows," Baker said. "Nor are there sufficient grant fund programs available to assist short lines in upgrading locomotives."

Baker noted that many short lines have obtained federal grants through the Consolidated Rail Infrastructure and Safety Improvements (CRISI) program to upgrade their locomotives to meet higher emissions standards. However, the grant funding cycle is not immediate and would not be available in time to meet various state laws regulating locomotive emissions, he said.

"ASLRRA is working with the EPA on this issue and has scheduled a number of site visits so that EPA can more thoroughly understand the impact of this rulemaking and future decisions," said Baker. "Rail is a key part of the environmental solution and we must all be careful not to implement regulations that will harm rail’s ability to do that."

Rail already is the most environmentally friendly way to move freight, and short lines are working toward reducing their carbon footprint even further, he said.