Citing new data showing California's emissions from off-road diesel equipment are below air quality targets for years to come, AGC called on state officials to immediately order at least a two-year delay of its new off-road "diesel retrofit" rule in an emergency petition filed January 11. The delay is needed to avoid unnecessary losses and layoffs within the state's hard hit construction industry while the California Air Resources Board (CARB) continues to review the recently adopted engine emission standards that will force construction companies in California to retrofit or replace almost all of their heavy construction equipment that is currently in the field.
Because CARB's review of its new data will continue beyond the looming March 1, 2010, deadline (by that date many equipment owners must modify their equipment to meet the first fleet-wide emissions standard for particulate matter), AGC acted to file an emergency petition for interim relief. This new state data consists of information that CARB has collected pursuant to the rule's reporting requirements; specifically, the population, age distribution and horsepower distribution of the off-road equipment that the rule actually covers. AGC's own review and analysis of this data (collected by CARB in 2009 and subsequently shared with AGC) shows that there is no need to impose costly new "diesel retrofit" rules forcing contractors to purchase new equipment before 2014. Contractors do not need to retrofit, repower or replace a single piece of equipment to meet the state's emissions targets for the next two years and possibly even longer, according to AGC.
Click here to read AGC's petition. Click here to read AGC's press release. The news was covered by the San Diego Daily Transcript.
AGC originally petitioned the Board to reopen or repeal the rule ("In-Use Off-Road Diesel-Fueled Fleets Regulation") in December 2008, demonstrating that the rule would impose an excessive burden on the state's struggling construction industry. AGC's petition explains that changes in economic, financial and other circumstances compel a careful reexamination of the necessity for, and the technological and economic feasibility of, compliance with the rule. At CARB's request, however, AGC voluntarily deferred action on that original petition pending further research board staff said it needed to conduct. During the last year, AGC has conducted its own independent review of the Board's data on the off-road equipment in the state's construction industry; AGC has also submitted lengthy letters to EPA strongly opposing California's request for federal approval of its new off-road diesel rules. AGC has prepared an analysis estimating that as many as 32 other states are monitoring California's controversial effort to win approval of its new standards for off-road diesel equipment, and might follow its lead.
In early December 2009, AGC met with staff from CARB to present AGC's analysis of the new data collected by the state that proves that off-road diesel emissions mandates unnecessary to meet the state's emissions reduction goals. Specifically, CARB previously estimated 147,000 pieces of construction equipment would be present in the state in 2009, but have only located 103,000 pieces this year, indicating 30 percent of equipment was sold for pennies on the dollar. AGC challenged the Board to act on the data and reverse plans to require construction companies to replace billions of dollars worth of equipment to meet the off-road diesel retrofit rule.
AGC hosted a media conference call to explain these results and issued a press release. To read AGC's press release and other details (including AGC's data analysis), click here. The news was covered by the San Francisco Chronicle, San Diego Daily Transcript, Engineering News-Record, and The Daily Reporter, as well as the Sacramento ABC station.
CARB has 30 days to respond to the petition. AGC has requested CARB discuss the matter during its February meeting.
For more information, contact Leah Pilconis at pilconisl@agc.org or (703) 837-5332.
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