CARB Approves Modifications
in the New Off-Road Diesel Engine Regulation

The California Air Resources Board approved several modifications in the off-road heavy-duty diesel equipment regulation that passed July 26 in Sacramento.

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Once CARB staff has modified the regulatory language to reflect these changes, they will release revised regulatory language and other supporting documentation to the public for a 15-day public comment period, says Bill Davis, executive vice president of the Southern California Contractors Association

“We expect that the notice, revised regulatory language, and supporting documentation for the 15-day public comment period will be available within the next 30 days,” says Davis.

“It will be another time for the industry to build on the public record for future actions including legislative and legal strategies to attempt to modify this rule to make it possible for equipment owners to comply.”

The CARB-approved modifications include:

• A new appeals process for fleets in the event that the Executive Officer denies a request for a safety exemption from the retrofit requirements;
  
  
• Removal of the three month grace period for out-of-state or new fleets that come to California to help protect in-state fleets from unfair competition;
  
  
• Requiring the issuance of a Certificate of Reported Compliance to fleets upon receipt by ARB of the required reporting data showing compliance with the regulation, which will help with in-office inspections;
  
  
• PM retrofit credit for the retirement of Tier 0 vehicles such that equivalent emission reductions are achieved (Davis says the SCCA believes this should include credit for early action);
  
  
• Exemption of Job Corps training centers and allowing union training programs to be treated as small fleets, along with clarification of the appropriate tax exempt IRS code citations by adding reference to sections 501(c)(5), 501(c)(6), and 501(a);
  
  
• Restructuring the regulatory language so that the PM and NOx requirements are contained in separate sections so they can be used in more than 20 other states with non-attainment areas;
  
  
• The addition of new language creating a regional incentive-based program (known as the SOON program) to achieve additional NOx reductions, including allowing any local air district the ability to opt in and allowing air districts to establish their own cost-effectiveness criteria in their guidelines. This program targets very large fleets (>20,000 h. p.);
  
  
• And other minor clarifications, mostly technical and typos were also approved.

The new CARB emission rules passed last month require:

• By March 1, 2010 all construction equipment 100-299 hp will need to be powered with engines manufactured in 2003 (Tier 2) or later to comply with the Oxides of Nitrogen (NOx) fleet average requirements. Construction equipment 300-599 hp will need to be powered with engines manufactured in 2001 or later. Construction equipment 600-749 horsepower will need to be powered with engines manufactured in 2002 or later. Construction equipment with 25-99 hp will need to be powered with engines manufactured in 2004 or later. If this fleet average is not achieved, an annual 10% fleet horsepower turnover will be necessary.



• By 2014 a fleet must meet particulate matter (PM) emission standards with engines that became available in 2006 (Tier 3)and later for 175-750 hp, 2007 for engines 100-174 hp and 2008 for 25 to 99 hp. All these engines will also need to be fitted with a Verified Diesel Emission Control Systems (VDECS) device likely to cost several thousands of dollars a piece.
  


• And by 2020 a construction fleet must consist of engines scheduled to become available in 2013 and 2015 (Tier 4) depending on the horsepower to meet the NOx and PM requirements

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