On June 20, 2008, CARB posted the final approved language of the off-road diesel construction equipment rule it passed July 26, 2007. This rule - which significantly impacts all construction businesses and any off road equipment owners and users - is now in effect and although some provisions of the regulation need a federal waiver before they can be implemented, the Board is enforcing the idling and sales notification requirements immediately.
READ THIS AGAIN: CARB is enforcing the idling and sales notification requirements immediately. Local APCD inspectors can enforce the idling rule if they observe it.
Failure to comply with this regulation can result in LARGE FINES.
moreThe Final Rulemaking Package for the for In-Use Off-road Diesel Vehicle Regulation was filed with the Office of Administrative Law (OAL) on April 4, 2008. The package is available at http://www.arb.ca.gov/regact/2007/ordiesl07/ordiesl07.htm. OAL has until May 16, 2008 to make a determination. The package includes the following:
* Final Regulation Order;
<http://www.arb.ca.gov/regact/2007/ordiesl07/fro.pdf>
* Final Statement of Reasons (FSOR);
* Notice of Decision and Response to Significant Environmental Issues; and
* Updated Informative Digest.
The FSOR includes ARB’s responses to all comments received on the regulation during the public comment periods. If you submitted a comment, you can find the agency’s response in the FSOR.
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Take Action Today - CARB Extends Off-Road Diesel Construction Equipment Comment Period
The California Air Resources Board has granted an additional 15-days to comment on the off-road construction equipment regulation they passed this summer. As a result of the construction industry’s engagement in this process, the Board has made key changes to this rule already. Your voice matters - the Board needs to hear directly will impact YOUR BUSINESS.
Take action now – comment on this regulation before the deadline on March 20, 2008. Post your comment online at this URL:
http://www.arb.ca.gov/lispub/comm/bccommlog.php?listname=ordiesl07
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I was recently contacted by an environmental official from a Mid-Atlantic state asking about putting idling and retrofit requirements on construction equipment used in State funded construction projects. He wanted to find out the percentage of time a typical piece of construction equipment idles during a normal workday. After consultation with other industry experts who recently tackled this issue in California, here’s what I told him:
We’ve looked at doing something similar in California and decided that it’s a bad idea to assign those types of restrictions to specific types of projects because there is no “one-size-fits-all” answer to the idling issue or the issue of putting control devices on. It’s very equipment and operation specific. The trend is to require an idling policy, rather than set absolute limits to allow flexibility in recognition of the different operating environments. Also, union contracts may also influence the operation and idling of machinery. In addition, cranes idle all day just to perform a few lifts, but you can’t stop and start them between motions.
Further, we’re learning the hard way that VDECS (Verified Diesel Emissions Control Systems, like Huss) technology is not ready for prime time in large off road engines. I would encourage you to look towards diesel oxidation catalysts (DOCs) and away from VDECS if at all possible. DOCs are much less expensive and generally work reasonably well because they don’t have a regeneration issue. Our air scientists, Justice & Associates (www.justiceassociates.com) have described a few of their asphalt clients who have DOCs on their loaders and they operate the loaders basically without noticing the DOCs.
CARB has posted the Second 15-Day “Notice of Public Availability of Modified Text and Availability of Additional Documents for the Proposed In-Use Off-Road Diesel Regulation”. These documents and the associated “formal” regulatory materials can be accessed from their website at the address:http://www.arb.ca.gov/regact/2007/ordiesl07/ordiesl07.htm
moreAs of late January 2008 two new regulatory developments are worthy of mention:
1. The SOON program in SCAQMD (the LA basin covering most of LA, OC, Riverside, San Bernardino counties) and San Joaquin AQMD will NOT be mandatory for fleets over 20,000 hp during 2008. The entire program is up in the air (pun intended). This decision appears to have come from CARB staff and we are not certain what involvement the ARB Board has in this decision.
2. The 2007 Moyer funding had usually required adding VDECS on Tier 3 repowers. However, very recently we learn that these VDECS are being exempted, because they have been found not to work as intended.
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The San Diego County Air Pollution Control District’s (District) 2008 (Year 10) Carl Moyer Program is now open. The Request for Proposals (RFP) and application forms are posted on the District’s website at:
http://www.sdapcd.org/info/moyer/moyer-year10-rfp.html.
The District has approximately $5 million for Year 10 of the Carl Moyer Program. These funds will be allocated to eligible projects submitted in response to the RFP. The District’s Carl Moyer Program has a distinct opening and closing. The Program is now open for submittal of applications, but will close April 4, 2008. All applications must be submitted by 5:00 PM, Friday, April 4, 2008. Eligible projects will be ranked by cost effectiveness and environmental justice status. Funding recommendations will be made from highest ranking down, until funds are exhausted. The San Diego County Air Pollution Control Board (Board) will make the final funding determination. It is anticipated the recommended projects will be submitted to the Board in July 2008.
Administration of the District’s Carl Moyer Program is directed by California Air Resources Board (ARB) Guidelines, but is more stringent in some areas. For detailed information on project eligibility and other related Carl Moyer Program information, access the ARB website athttp://www.arb.ca.gov/msprog/moyer/moyer.htm.
If you need assistance obtaining a copy of the RFP or application forms please contact Mike Watt by telephone at (858) 586-2711 or e-mail atMichael.Watt@sdcounty.ca.gov.
CECILIA N. REDONDO, Acting Chief, Administrative Services
San Diego Air Pollution Control District
Celebrating 50 years of air quality progress!
moreThe short answer is no. The ARB’s In-Use Off-Road Diesel Emissions Regulation passed 7/26/07 is intended to apply uniformly across all air districts in California, except where certain exemptions were granted as part of the rule (for example in some remote counties in Northern California).
Clients have asked if South Coast AQMD (the LA-OC basin extending into portions of Riverside and San Bernardino Counties) can impose stricter standards because of their greater air quality problems. Again, generally no, however there are certain extra measures being considered by ARB on 9/27/07 which would seek greater emissions reductions in several areas including Ports, railroads, Metrolink trains, heavy duty trucks and some off-road diesel. As it affects off-road diesel, the principle program being planned is the SOON program which applies only to the largest fleets of 20,000 hp or greater. While called an “opt in” program, in fact, as planned, these largest fleets MUST apply for early Moyer-type funding and take whatever actions are funded (more on this when the full program is published).
To learn more about what specific “extra” measures are planned for SCAQMD and the San Joaquin Valley, go to this website:
http://www.arb.ca.gov/planning/sip/2007sip/2007sip.htm
From John Howard, Managing Editor of Capitol Weekly:
“A classic dispute before the Air Resources Board, pitting environmentalists against builders over a multibillion-dollar plan to cut diesel pollution, has gone beyond the confines of the ARB and is spilling over into the state budget and the highest levels of the Schwarzenegger administration.
“Environmentalists have successfully pushed into the 2007-08 Senate budget version a provision that requires builders, with some exceptions, who win new infrastructure-construction contracts to use specially approved exhaust filters to block harmful diesel emissions. The language could be worth hundreds of millions of dollars–directly from the pockets of equipment owners.”
Read the full article here: http://www.capitolweekly.net/news/article.html?article_id=1529
moreThe California Air Resources Board met in full session at the San Diego Marriott Del Mar on May 25, 2007 for a full information hearing on the final Off Road Diesel Emissions Regulation slated to take effect March 1, 2008. ARB staff presented their proposed rule and hear dozens of speakers from the construction industry and environmental groups. The Board delayed making a decision on the rule until its Sacramento hearing on July 27, 2007. In the meantime, the Portable Equipment Registration Program is in full effect with heavy fines for violators and off road equipment owners are urged to get a full fleet analysis in order to begin planning for compliance costs and strategies needed once the final off road rule is in effect.
For more information go to www.cleanairconstruction.org.
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