News

Rail industry sues California board over in-use locomotive rule

For the full story at Progressive Railroading, click on the following link:

https://www.progressiverailroading.com/rail_industry_trends/news/Rail-industry-sues-California-board-over-in-use-locomotive-rule–69491

Below is a short summary of the story:

The AAR and ASLRRA last week filed a federal lawsuit against the California Air Resources Board (CARB) in the Eastern District of California over its new in-use locomotive regulation.

“While the urgency to act is real and unquestionable, CARB uses unreasonable, flawed assumptions to support a rule that will not result in emissions reductions,” said AAR President and CEO Ian Jefferies.

Under the rule, CARB would begin charging railroads operating locomotives within the state billions of dollars annually when the rule is expected to take effect in October.

As a part of the suit, AAR and ASLRRA filed to preliminarily enjoin implementation and enforcement of the rule while the district court considers the case.

Short-line operator: California’s new locomotive emissions rule could ‘kill’ industry

For the full story at Yahoo News, click on the following link:
https://finance.yahoo.com/news/short-line-operator-california-locomotive-215141539.html

Below is a summary of the story:

Short line railroad operators in California are concerned about California’s new locomotive emissions rule, according to Kennan H. Beard III. Beard doesn’t think it’s an exaggeration that the new California Air Resources Board rule on locomotive emissions will wipe out many short-line railroad operations in the state.

“This regulation is going to potentially destroy an industry that puts out two-tenths of a percent of the emissions of all diesel emissions in the state. I mean, we’re such a small, small portion of the emissions in the state, but it could kill the entire short-line industry” in California because of the modal shift to trucks, Beard told FreightWaves.

“I don’t think they’ve taken everything into consideration, and even by their own admittance, they didn’t worry about the move to trucks. They said it was too hard to calculate. They weren’t going to calculate it. And we asked about the increased highway deaths by modal shift, and they said highway deaths were not their concern. They were only concerned about deaths from locomotive emissions. So we don’t think the regulation is as thought out as it should be,” Beard said.

The new regulation, which must go through an approval process with California’s Office of Administrative Law before being implemented, requires railroad operators in California to use “zero-emissions configurations” starting as early as 2030.

“The California short lines don’t have the capital and the wherewithal to be replacing our locomotives every 23 years… Short lines typically run locomotives for upwards of 50 to 60 years before they’re being replaced. So replacing them in a shortened life cycle of 23 years is going to be insurmountable for many, many railroads,” said Beard.

Short-line operators like Beard, along with ASLRRA and the Association of American Railroads, are considering their next steps should the regulation become law. One possibility is to pursue litigation, with the argument that the regulation inhibits interstate commerce.

“CARB has demonstrated extraordinarily little flexibility or even awareness of the unique nature of short lines as it finalized its rule. We will consider all options as we look to save threatened short lines in California, seeking a win-win-win result for the environment, short lines, and our shippers, not a lose-lose-lose result as this rule would provide,” ASLRRA President Chuck Baker said in a May 1 news release.

Beard said, “We’re not against clean air. We just want to be able to do it in a pattern and method we can afford.”

Passing of David Buccolo

With great sorrow the California Short Line Railroad Association (CSLRA) reports the death of former CSLRA Board member (2008-2017) David Buccolo on February 15, 2023.  Dave served an amazing 51 years in the railroad industry, starting as a Trainman and Yardmaster on the Chicago & North Western Railroad (CNW) in Huron, SD.  When he was with the CNW he met and married his wife Marie.

During his career he held positions with four Class 1 railroads in operations, safety and hazardous materials training and response.  Dave also worked in the California short line industry as a General Manager of the Trona Railway and of the Central California Traction Co. (CCT).  He also worked as VP of Risk Management and Safety and Compliance for a major regional railroad holding company, as well as for Hulcher Services.  In addition to California, Dave worked with short lines in Kansas, Indiana, and Texas.

When he “retired” in 2016 he was the General Manager of the CCT, a CA short line serving the Port of Stockton and the Central Valley of CA.  After retirement Dave was in demand as a hazardous materials (HAZMAT) and railroad safety expert, serving on the Transportation Community Awareness Emergency Response (TRANSCAER) National TRANSCAER Task Group executive committee as well as being the American Short Line and Regional Railroad Association’s (ASLRRA) liaison to TRANSCAER and the Federal Railroad Administration (FRA).  He was also very active visiting short lines around the USA with the ASLRRA’s Short Line Safety Institute (SLSI) as a safety culture assessor, and with the SLSI HAZMAT program, building the curriculum for the program and working as a trainer.  

With all of that activity he still made time to help CSLRA with technical issues, work with local first responders, go on long bike rides (chronicled on his Facebook page), and pursue his favorite side hustle/hobby of BBQ cooking for large events.  CSLRA extends heartfelt condolences to Dave’s wife Marie and to their family.