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California Off-Road Diesel Engine Emission Standards
In July of 2007, the California Air Resources Board (CARB) exercised its unique authority to set standards for emissions from existing fleets of off–road diesel equipment in the construction industry. CARB adopted an “off–road rule” that steadily reduces the nitrogen oxide (NOx) and particulate matter (PM) that these fleets can lawfully emit. The rule also requires the retirement, retrofit, repower or replacement of equipment included in any fleets that cannot meet the stringent standards.
AGC of America, AGC of California and the San Diego Chapter (collectively “AGC”) were actively involved in the rulemaking process, submitting lengthy comments on the original proposal, and explaining the harm that such a rule could cause. To little avail, AGC submitted four separate sets of comments, affidavits and expert reports on the many serious issues that the rulemaking had raised. Among other things, AGC contested CARB’s estimate of the cost of compliance with the rule. CARB put that cost at $3.4 billion. AGC’s experts put the cost at $13 billion.
The rule has national implications because other states could adopt the same rule if and when the U.S. Environmental Protection Agency grants California’s pending request for federal approval to enforce it. If EPA does not grant that approval, the Clean Air Act will continue to bar any enforcement of the rule, and it will continue to bar other states from adopting either the same rule or any other emission standards for off–road diesel equipment.
AGC estimates that 32 other states are monitoring California's situation. And almost all 50 states will soon be required to develop state implementation plans (SIPs) that explain how the states intend to meet EPA’s new and tighter “ambient air quality standards” for ozone and/or PM. To find AGC’s latest analysis of the states likely to follow California’s lead, simply go to: http://newsmanager.commpartners.com/agcenv/issues/2009-07-31/index.html/.
For over two years, AGC has pressed CARB to revise or repeal the rule. To that end, AGC has filed two petitions to reopen the rulemaking and completed two detailed studies of the emission estimates that formed the starting point for the rule. Thus far, AGC has succeeded in persuading CARB (1) delay its enforcement of the rule, (2) to abandon its original estimates of the emissions from the regulated fleets and (3) to make at least some changes to the rule. At this point, AGC continues to press CARB to go much further.
AGC has also sought to persuade EPA to delay if not deny California’s request for federal approval of the rule. AGC has made a total of eight submissions to EPA. AGC has also testified before EPA and met with EPA staff.
Below you will find a link to the official information that CARB has posted on its web site and to several related documents, including the latest articles that AGC has included in its Environmental Observer.
Official Information on CARB’s Off–road Rule
- California Air Resources Board's (CARB) Website
(Links to overview and text of regulation, and fact sheets, reporting forms, etc.)
AGC's First Petition to Reopen the Rule
- AGC’s First Petition to Reopen California’s Rule on Off–road Diesel Emissions
(12–15–08) - AGC’s Press Release on its First Petition to Reopen California’s Rule
(12–15–08)
AGC’s Second Petition to Reopen the Rule
- AGC’s Second Petition to Reopen California’s Rule on Off–road Diesel Emissions
(1–11–10) - AGC’s Press Release on its Second Petition to Reopen California’s Rule
(1–11–10)
AGC’s First Analysis of CARB’s Original “Emissions Inventory”
- AGC’s First Analysis
(12–3–09) - AGC’s Press Release on its First Analysis
(12–8–09)
AGC’s Second Analysis of CARB’s Original “Emissions Inventory”
- AGC’s Second Analysis
(4–21–10) - Technical Paper in Further Support of AGC’s Second Analysis
(4–19–10) - AGC’s Press Release on its Second Analysis
(4–21–10)
CARB’s New (2010) “Emissions Inventory”
- CARB’s New “Emissions Inventory” for Off–Road Equipment
(8–31–10) - AGC’s Press Release on CARB’s New “Emissions Inventory”
(8–31–10) - AGC’s Slide Presentation on CARB’s New Emissions Inventory
(8–31–10)
EPA’s Notices of CARB’s Request for Federal Approval
- EPA’s First Federal Register Notice of California’s Request for Approval of Its Off–Road Rule
(10–7–08) - EPA’s Second Federal Register Notice of California’s Request for Approval of Its Off–Road Rule
(3–12–10)
AGC’s Major Submissions to EPA
- AGC’s First Set of Comments on CARB’s Request for Federal Approval
(12–19–08) - AGC’s First Follow–up to its First Set of Comments
(8–10–09) - AGC’s Second Follow–up to its First Set of Comments
(1–27–10) - AGC’s Second set of Comments on CARB’s Request for Federal Approval
(5–18–10) - AGC’s First Follow–up to its Second Set of Comments
(8–16–10)
AGC’s Testimony Before EPA
- AGC’s Testimony Before EPA –– Delivered by Jon Cloud of Jon Cloud, Inc.
(4–14–10) - AGC’s Press Release on AGC’s Testimony
(4–14–10)
Articles Recently Appearing in AGC’s Environmental Observer
- California Seeks Meeting with AGC on Emissions Data Supporting Off–road Diesel Rule
(6–22–10) - Emissions from Off–Road Diesel Equipment Are Less Than 28 Percent of Estimates
(4–28–10) - AGC Member Tells EPA: Diesel Emissions Rule Risks Workers' Lives
(4–28–10) - Acknowledging Mistakes, California Air Resource Board Agrees to Change Costly Rule on Off–Road Diesel Emissions
(4–29–10) - California Delays Enforcement of Off–road Diesel Engine Emissions Standards, Agrees to AGC Request for Public Hearing
(2–14–10) - AGC Calls on California Air Officials to Delay Off–Road Diesel Deadlines; New Data Shows Emissions Targets Already Being Met
(1–14–10)
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