October 14, 2022
The Honorable Liane Randolph October 17, 2022
Chair, California Air Resources Board
1001 I Street
Sacramento, CA 95814
RE: Proposed Advanced Clean Fleets
Regulation
Dear Chair Randolph:
As Vice President of Legal and
Government Affairs at Hexagon Agility, Inc. (“Hexagon
Agility”), I am writing to provide
comments on the California Air Resources Board’s
(“CARB”) proposed Advanced Clean Fleets Regulation
(“ACF”). While Hexagon Agility supports CARB’s
leadership on environmental matters, we are concerned that the
current proposed ACF could result in a significant missed
opportunity to reduce greenhouse gases (“GHG”) by
failing to include vehicles powered by renewable natural gas
(“RNG”) within the scope of the ACF and only allowing
utilization of g electric and fuel cell vehicles to satisfy the ACF
requirements. Further, Hexagon Agility encourages CARB to not
ignore the role that RNG can play in delivering steep carbon
reduction.
As background, Hexagon Agility is the
leading global provider of highly engineered and cost-effective
compressed natural gas, liquid natural gas and propane fuel systems
and Type 4 composite cylinders for medium- and heavy-duty
commercial vehicles. Our solutions enable the safe and effective
use of natural gas and propane as transportation fuels. These clean
fuels reduce GHG and other harmful emissions and save money for
fleet operators and their customers. Additionally, Hexagon Purus, a
Hexagon Agility affiliate, is a world leading provider of complete
vehicle systems and battery packs for hydrogen fuel cell electric
and battery electric vehicles including hybrid mobility
applications on light, medium, and heavy-duty vehicles, transit
buses, ground storage, distribution, maritime, rail, and aerospace.
Hexagon Agility is uniquely situated
to offer a neutral prospective on the current clean-energy
marketplace. RNG-fueled trucks remain the most widely available
option to reduce GHG and NOx emissions and including this near-zero
technology in the ACF would make an immediate impact on GHG
emissions in our state. RNG technologies are 90 percent cleaner
than diesel and, unlike the lack of commercially available electric
and fuel cell trucks, RNG fuel systems are readily available to
help achieve NOx and toxic emissions reduction goals. While we look
forward to the ultimate transition to zero emission vehicles,
Hexagon Agility advises CARB to acknowledge the real, legal, and
technical impediments present on the proposed ACF rulemaking and
further urges CARB to take the below concerns into
consideration.
1. Hexagon Agility has concerns regarding the appropriateness
of the U.S. Environmental Protection Agency (“EPA”)
granting a section 209 waiver for fleet mandates, and doubt that
such a mandate will survive a challenge by impacted businesses. A
reasonable interpretation of section 209(b) does not give
California authority to regulate fleet purchases. And, even if it
does extend to fleet requirements, the authority is not unchecked
by the Clean Air Act and the Energy Policy Act of 1992.
2. The ACF implicitly mandates that fleets install
infrastructure. As the ISOR and regulation is currently stated, it
presumes that CARB has the legal authority to mandate fleets
install fueling infrastructure; that fleets have the necessary
footprint to accommodate fueling\charging infrastructure; and that
the nearby electrical infrastructure can support medium- and
heavy-duty trucks congregated at these locations. The rule
accommodates delays but does not set out the legal authority that
CARB is basing its presumed authority to mandate that fleets
install fueling.
3. The ACF does not provide exemption for costs. If the
estimates are off, then fleets should be able to request an
exemption to be consistent with the Clean Air Act’s theme of
technology being feasible and cost-effective.
4. The ACF should allow fleets that have invested in
low-carbon fuels to continue to use these fuels and low-NOx
technology so long as such fuels continue to be available for
purchase. We urge CARB to allow a separate pathway for early
adopter fleets that have been purchasing low-NOx natural gas
vehicles and using low-carbon, RNG so that they can continue to do
so, so long as they can demonstrate that RNG is still available and
effective.
Accordingly, Hexagon Agility encourages CARB to incorporate
the recommended changes that we and many other organizations have
put forward to improve the ACF. We appreciate your consideration of
the foregoing comments.
Sincerely,
Ashey Remillard
Vice President,
Legal
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