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Air Quality and Environmental Justice For All

The following was presented to the California Air Resources Board. The response of the ARB's Chairman is reprinted below.

Most of us assume that those living in the more affluent parts of our community are unlikely to be the victims of environmental injustice. Not anymore.

After weeks of huge diesel dump trucks constantly caravanning up and down my relatively narrow residential street, I protested to the authorities in Beverly Hills City Hall. I was told that this was part of a huge underground garage being constructed for a home near Sunset Boulevard. And, that nothing would be done to re-route the trucks to wider, nearby, streets, with deeper setbacks.

Then, one hot summer day, more than 50 huge diesel cement mixers were routed both up and down my street. By now, the leaves and blossoms on my gardenias were thickly coated with black diesel particles, undoubtedly along with my lungs.

Not unlike many in our community, I am among those contending with chronic illnesses and not looking for yet another fight.

Seemingly to appease me, the city posted a sign at the nearest intersection, prohibiting trucks in excess of a certain tonnage. It was consistently ignored. I was then told that certain trucks were given routing permits by the city, and that many going up my street must be scofflaws.

To check on this, I went out into the middle of the street on two occasions and blocked a couple of enormous diesels. The drivers were very polite and both said that they were instructed to take this route. These trips were completely unrelated to the underground garage project.

The cement mixer’s diesel engine was so loud, that in response to my query of the driver, as to whether he had a permit, he rolled down his window and yelled that his boss told him to go this way. I asked who his boss was. He pounded on the company name emblazoned on the cab door. It was, ironically, “Over & Over, Inc.”

My 1923 home is not air conditioned, yet I did not dare open any windows, no matter how stifling hot it became. That’s because at about this time, UCLA’s Environmental Health Institute came out with a significant report, finding that the serious health effects of diesel particle emissions not only adversely affect one’s lungs, but every cell in one’s body.

Next, I called on the State Air Resources Board and on the South Coast Air Quality Management District. Neither believed that this matter, of residential diesel assault, fell within its jurisdiction.

After months of daily recording and reporting dozens of diesels going up and down my street, to no avail, I finally enlisted a member of the city council to help in my plight. He reported that he had received an e-mail from the city manager, saying that as of the following day, there would no longer be diesel traffic on my block.

This was confirmed by a city staffer, assuring me that this would be so. However, the onslaught resumed, despite an occasional BHPD officer stopping a few diesels without permits.

I have suggested posting a camera, by the sign prohibiting such huge trucks. If the city finds that the license plates don’t match those which have permits, action could be taken. Legislation, such as that posting cameras at major intersections, to catch those going through red lights, could be recommended by the Air Resources Board.

There is now a device to retrofit diesels which captures 80% of the particulates and costs no more than $3,000. If required by the ARB, this would qualify as a business deduction. And, there are newer trucks, designed to burn cleaner fuel.

Imagine, if all of the new construction trucks, garbage trucks, and large delivery trucks such as those bringing bottled water into our neighborhoods, were required to meet low emission requirements. It would surely improve our quality of life and might even help reduce our skyrocketing health care costs.

Meanwhile, the city staff has lessened the diesel impact on my street. However, unless the ARB takes action to require retrofitting of diesels and urges their replacement with cleaner-fueled trucks, the diesel impact will simply be unfairly relocated, along with the adverse health and environmental impacts.

I urge the ARB to take action now, to order retrofitting, at a minimum, ASAP. And, to investigate the placement of cameras adjacent to signs prohibiting non-retrofitted diesel trucks of excessive tonnage from entering residential areas.

Ellen Stern Harris
Executive Director, Fund for The Environment
Editor of www.BeverlyHillsCitizen.org
P.O.Box 228 / Beverly Hills, CA 90213

ARB Response:

Thank you for sending me your thoughtful comments to be distributed at our meeting next week. I will make sure your suggestions are addressed.

Also, thank you for the many years that you have spent in the pursuit of clean air for LA.

Alan Lloyd, Chairman
California Air Resources Board

Letter to Terry Tamminen
Administrator, Cal-EPA, Jan. 23, 2004

Last week, I sent you a copy of my testimony to the ARB, regarding the adverse health effects of diesels. There's a sequel. Today, there were approximately a dozen empty diesel dump trucks stationed in front of my house and all along my side of the block. While they were awaiting the arrival of a huge piece of diesel equipment, to rip up the pavement, preparing for fresh asphalt to be poured, they all kept their diesel engines running.

This was for over an hour, until I went outside, and showed the foreman one of the gardenia leaves from my front yard. It was coated black from diesel soot. Upon my request, he agreed to turn the engines off, until the trucks were actually needed for hauling. The diesel emissions were not only having an adverse health effect on the residents, as even with all our windows shut, the diesel exhaust penetrated our homes. However, of equal concern should be the lungs of the truck drivers and their supervisors on the street.

I mentioned this to Fund for the Environment's science and medical advisor, Harvey S. Frey, MD, PhD. Below, is what he had to say about this. Many thanks for anything you can do to help come to grips with the terrible problems caused by diesel engine emissions in our urban midst.

Ellen

Response From Dr. Harvey Frey

Dear Ellen:

All those trucks idling for hours must be pumping out large amounts of Carbon Monoxide (CO). And all the workers must be exposed to it for much of the working day. It would be interesting to measure their blood carboxyhemoglobin levels, which is the non-functional form of hemoglobin which has been poisoned by CO. The CO binds tighter than oxygen, so the hemoglobin becomes useless for its usual function of transporting oxygen.

Does OSHA or CalOSHA have limits on how high carboxyhemoglobin levels are allowed to get in workers? Shouldn't unions be concerned about their members being poisoned by carbon monoxide? That's all beside the adverse environmental effects of uselessly burning fuel and filling the air with particulates, as well as CO.

Harvey S. Frey, MD, PhD Esq.
Science and Medical Advisor, Fund For The Environment

Cal-ARB Response

Dear Ms. Harris:

Your unfortunate experience with exposure to excessive pollution from a series of high-polluting idling diesel dump trucks in your neighborhood has been brought to my attention. We would like you to know that the California Air Resources Board shares your concerns and is currently in the process of developing a regulation to limit the unnecessary idling that you had described.

We invite you to participate in the public process in the development of our regulation. For more information please visit our website: http://www.arb.ca.gov/toxics/idling/idling.htm. We value your participation and look forward to your input.

If you have further questions or concerns, please feel free to contact me at (916) 322-2891 or email me at the aforementioned address.

Sincerely,
John Kato, Manager
Project Support Section
Stationary Source Division
California Air Resources Board -

 

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