San Diego Construction Industry Air Quality Coalition (SAN CIAQC)

San Diego Construction Industry Air Quality Coalition (SAN CIAQC)

CARB Events

RULE 55: FUGITIVE DUST CONTROL

The Air Resources Board (ARB) has conditionally verified the Cleaire Lonestar diesel retrofit system for certain rubber-tired off-road vehicles.

The Lonestar reduces emissions of diesel particulate matter by at least 85 percent and is designated as a Level 3 plus system. The Lonestar also reduces emissions of oxides of nitrogen (NOx) by 40 percent. The primary components of the Lonestar include a catalyzed silicon carbide wall-flow filter and a lean NOx catalyst. The Lonestar system is compatible with off-road vehicles using diesel fuel that contains up to 20 percent biodiesel. Specific conditions for which the Lonestar system has been approved may be found in the conditional verification letter that may be found on the ARB website at:

http://www.arb.ca.gov/diesel/verdev/verdev.htm.
The ARB is soliciting research concepts for the Board's 2009-2010

Annual Research Plan.

General areas of research include: Agriculture; Health and Exposure; Emissions, Transport, and Transformation; Technology Advancement and Pollution Prevention; and Global Climate Change.

To see the program announcement and/or submit a research concept please visit our website at:

http://www.arb.ca.gov/research/apr/plan/concepts/concepts09-10.htm

The deadline for submitting research concepts is January 20, 2009.

Additional information about the Board's Research Program can be found at:

http://www.arb.ca.gov/research/apr/apr.htm
The Air Resources Board has verified the Johnson Matthey reformulated CRTT Particulate Filter system for specific 1994 through 2006 model year diesel engines used in on-road applications. All of these engines are four-stroke, turbocharged, and were certified in California to the 0.1 gram per brake horsepower-hour (g/bhp-hr) particulate matter (PM) emission standard when new. The reformulated CRTT Particulate Filter system employs a catalyst and a wall-flow diesel particulate filter with a back pressure monitor to achieve an 85 percent reduction in particulate matter emissions, qualifying it for Level 3 "Plus" verification. Specific engine families and conditions for which the reformulated CRT T Particulate Filter system has been approved may be found on the Verification webpage within 10 days.

ARB FEARS WORKER SAFETY AGENCY PLAN MAY UNDERCUT OFF-ROAD RULE

CARB Estimated $1 Billion Cost of Proposed On-Road Diesel Regulation to Construction Industry More Than It Can Bear

Last week, we reported that the U.S. Environmental Protection Agency (EPA) had announced plans to act on the California Air Resources Board (CARB)’s request for federal approval of its new off-road diesel emission standards in very great haste and without holding hearings in California.

We urged you to write to EPA and ask them to extend their overall timeframe to review California’s waiver request and urge them to hold at least three hearings in California because California contractors could not drop everything, at the last minute, and fly to Washington, DC, for a hearing that EPA had only tentatively scheduled for Monday, October 27th.

Thank you to the more than 100 of you who wrote to EPA. Since then, we have learned

  • Based on CARB’s request -- and CARB’s request alone -- EPA is going ahead as planned and will hold the one hearing in Washington, DC, on Monday, October 27th.
  • EPA has yet to respond to requests by the Construction Industry Air Quality Coalition (CIAQC) and members of the Coalition to Build A Cleaner California (CBCC) to extend its overall timeframe for review of CARB’s waiver request, or for EPA to hold hearings in California.

CIAQC and CBCC still strongly believe that EPA should schedule three public hearings in California – one each in Northern, Southern and Central locations in the state. The lack of public outreach EPA has afforded the construction industry is appalling. As a result, we believe the construction industry has nothing to gain from showing up at the Washington, DC, hearing. A “presiding officer” will conduct the hearing, and it is far from certain that EPA’s key decision makers will even attend.

In the event that EPA ignores the hundreds of pleas from California contractors to hold hearings here in the state, the industry will have another month to submit written information and comments for the record. The deadline to submit comments on CARB’s waiver request is November 28th.

In the coming weeks, CIAQC will continue to urge EPA to extend its overall timeframe for review of California’s request and to hold hearings in California.

Thank you for lending your voices to the effort to bring some measure of reason to the debate over these standards. Your letters are clearly having an impact!

The following article is printed with permission from the Southern California Contractors Association.

Download PDF

FOR IMMEDIATE RELEASE
October 9, 2008

Dimitri Stanich
(916)322-2825
www.arb.ca.gov

Commercial diesel vehicle owners warned of idling restrictions

Grace period over

SACRAMENTO: Air Resources Board staff hit the road this week to begin enforcing recently enacted anti-idling program for diesel engines that will reduce particulate matter emissions throughout the state.

ARB staff and local air quality officials throughout the state will enforce the idling regulations by monitoring sleeper berths and commercial on and off-road diesel vehicles where they operate. First time violations, idling for greater than five minutes, will receive a minimum civil penalty of $300. Subsequent penalties can be from $1,000 to $10,000. Owners, renters or lessees will be responsible for the penalty.

"Turning these engines off should be second nature," said ARB chairman, Mary Nichols. "It saves money, reduces pollution and protects the health of the driver and everyone working or living around the engines."

Regulations limiting idling of on-road commercial diesel-engine vehicles to five minutes have been in effect for several years now and for sleeper berth trucks since January of 2008. The regulations addressing the idling of off-road diesel vehicles became effective in June of 2008. Industries were given a grace period allowing them to inform themselves and their staff of the new requirements.

In a case where an off-road vehicle is observed idling for more than five minutes, enforcement officials will contact the operator and site supervisor to determine the reason. If the reason is not exempted, as some clauses of the regulation allow, and the instance is a first time violation, a $300 per day citation will be issued to the owner, renter or lessee of the vehicle.

Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.

Each year, based on California emissions in 2000, diesel particulate matter contributes to 2000 premature deaths, thousands of hospital admissions, asthma attacks and other respiratory symptoms and lost workdays. Diesel engine emissions are responsible for the majority of California's known airborne cancer risks, cause visibility reduction and potentially contribute to global warming.

This fall the ARB will consider further measures to reduce emissions from heavy-duty diesel trucks. Over the past 10 years ARB has adopted regulations affecting cargo-handling equipment, transport refrigeration units, truck idling, off-road equipment, harbor craft, port drayage trucks, onboard incineration, and ships at-berth. ARB's cleaner fuel requirements for on-road diesel trucks, railroad and ship engines have reduced pollution around rail yards and ports.

For more information on ARB's efforts to address diesel
emissions go here: http://www.arb.ca.gov/diesel/diesel.htm.

The public can report an idling violation by contacting the Air Resources Board at 1-800-END-SMOG (1-800-363-7664) or online at http://www.arb.ca.gov/enf/complaints/complaints.htm .

The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.

HEAVY-DUTY TRUCK ASSISTANCE PROGRAM

The County of San Diego Air Pollution Control District (APCD) will hold a workshop to provide assistance in completing funding applications for truck retrofit, repower or replacement under the Goods Movement Emission Reduction Program

The workshop will take place October 14, from 4:00 p.m. to 6:00 p.m. at the Air Pollution Control District, 10124 Old Grove Road, San Diego, CA 92131.

The voters of California approved Proposition 1B in November 2006.  Proposition 1B includes the Goods Movement Emission Reduction Program, which provides $1 Billion for emission reduction projects related to goods movement including: replacement, repowers, and retrofits of heavy-duty diesel trucks.  The $1 Billion is targeted for four trade corridors in the state, and is to be spread over four years.  One of those trade corridors is the San Diego/ Border Region.

 The state’s preliminary recommendation targets $15 million/year for San Diego over the four years of the program.  These funds will provide financial incentives to owners of heavy-duty diesel trucks used in goods movement to upgrade to cleaner technologies such as: reduced NOx engines or particulate matter controls.

Currently, the California Air Resources Board (ARB) is proposing a regulation that will require emissions from existing trucks, buses and other heavy-duty diesel-fueled vehicles operating in the State be reduced.  While this rule is not anticipated to be approved until early 2009, as currently proposed, it would require significant NOx and particulate matter (PM) reductions and would apply to all in-use on-road heavy-duty diesel vehicles, with minor exceptions, regardless of where the vehicle is registered, including other states in the United States as well as in Mexico.

For more information about the proposed rule, workshops, and to receive future updates on this proposed regulation, please visit: http://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm .

The Goods Movement Emission Reduction Program funded by Proposition 1B may be able to assist you in meeting the requirements of the proposed rule if you act quickly.  For more information on the funding program, please contact Chuck Spagnola at (858) 586-2643 or via e-mail at: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ; or Domingo Vigil at (858) 586-2644 or via e-mail at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

To download applications please visit our website at:
http://www.sdapcd.org/grants/IB/Emissions-Fact_Sheet.html

In order to guarantee double credit for installation of retrofits, fleets subject to the in-use off-road diesel vehicle regulation must order them within the next month, before November 1, 2008. Fleets that wish to reduce their early year compliance costs should consider placing orders for retrofits in the next month.

When a fleet installs a highest level verified diesel emission control system (VDECS) retrofit on an engine before March 1, 2009, the fleet will receive double credit. That is, the fleet will receive carryover retrofit credit equal to double the horsepower of the engine on which the highest-level VDECS is installed. This credit will mean that the fleet can delay required installations of retrofits in the future, thereby spreading out their compliance costs. If installation of a VDECS is delayed until after March 1, 2009 due to manufacturing delays, the fleet will still earn double credit as long as the order was placed before November 1, 2008.

There are currently five Level 3 systems verified for off-road

use:

Cleaire Horizon: Most on-road engines; conditionally verified for off-road engines; . HUSS Umwelttechnik FS_MK: Most on-road and off-road diesel engines through 2007 model year; . Engine Control System

Combifilter: 2007 or older off-road engines; . Caterpillar DPF:

Conditionally verified for 1996-2008 model years; off-road, rubber tired vehicles; and . DCL MINE-X Sootfilter: Conditionally verified for 1996-2008 model year, rubber tired off-road vehicles.

For further information, please visit the Level 3 verification page at http://www.arb.ca.gov/diesel/verdev/level3/level3.htm

For more information on the off-road regulation, please visit http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm

Whether you are a construction contractor working to comply with the off-road equipment rule or a trucker trying to comply with the new idling or port rules, we know the upcoming on-road truck and bus replacement rule isn’t the only regulation you are struggling to make sure you are in compliance with. 

And we think it is high time that CARB members understand the combined effect of all of these regulations on YOU!

We also think the Board needs to hear from you about the lack of funding for equipment retrofits (did you see the news last week that the San Joaquin Valley AQMD ran out of money for this – in fact they were $100 million short?! )

And they need to be reminded about the lack of credit available for replacing and upgrading your trucks, not to mention these serious economic hard times YOU are facing.

We need your help to make sure CARB gets the message. Reply to this email now and tell us:

1. What regulations and new laws you are working to comply with?
2. What is the estimated cost to your business to comply with all of these regulations?
3. What are the practical impacts of these costs on your business? Will you have to sell-off equipment without replacing it? Will you have to lay off employees? Are you looking at the potential of going out of business altogether?

Take action today! DTCC needs to hear from every trucker, construction worker or other business owner about how California’s multiple emission regulations will cost your business!

ALERT - 5 minute idling rule in effect and being enforced.


The Enforcement Division of the California Air Resources Board has told industry that CARB inspectors will be fanning out over the state starting this week and "will cite violators of the five-minute idling restrictions, take swift enforcement action and seek maximum penalties." CARB wants to make sure the industry knows that CARB is serious about this rule-the largest one in the history of the agency.

The maximum regulatory penalty under their civil procedures is $10,000 per day per machine. If they believe you have criminal intent those fines can go to $40,000 per day, plus jail time.

Deadline for installation of diesel retrofits that do not comply with the 2009 NO2 limit.

As of January 1, 2009, all verified diesel retrofits sold and installed must comply with the 2009 nitrogen dioxide (NO2) emissions limit as defined in the Verification Procedure, Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (the Procedure), title 13, California Code of Regulations, sections 2700-2710. More information, including the conditional grace period for installation, can be found in Mail-Out #MSC 08-26 online at: http://www.arb.ca.gov/diesel/verdev/mailout08262009.pdf

CARB has activated an online reporting tool for your off-road diesel vehicle registration, They call it the Diesel Off-road On-line Reporting System (DOORS). Fleets may use this tool to report diesel vehicles that are covered by the off-road regulation to CARB, and receive Equipment Identification Numbers (EINs) for your vehicles (you still have to do your own painted application of the numbers on the vehicles - the right height and in the right spot).

You can find DOORS at https://secure.arb.ca.gov/ssldoors/doors_reporting/reporting.php
"Statewide Truck and Bus Rule" and the "AB 32 Truck Efficiency Rule" board hearing date has changed.


ARB Staff has been working hard to finalize its two regulatory proposals to reduce PM, NOx and GHG emissions from on-road trucks. These proposals are commonly known as the "Statewide Truck and Bus Rule" and the "AB 32 Truck Efficiency Rule". An important part of this effort is to complete our analysis of the economic impact on the many different types of fleets that will be affected by these rules. We have also been meeting with many stakeholders, and are analyzing alternative regulatory proposals some have offered. Because of this effort, when coupled with the freeze on overtime associated with the budget impasse, we have concluded we will not be ready for the October, 2008, Board meeting. As a result, we have delayed the Board's consideration of these two regulatory items to its December 11 & 12, 2008, hearing in Sacramento.

Program:  SCAQMD Workshop for Off-Road Diesel Vehicle Programs
Date:        Thursday, August 14, 2008
Place:      AQMD—Auditorium - 21865 Copley Drive, Diamond Bar, CA 91765
Time:       9:00 AM – 12:00 Noon

Click here for the flyer



The Air Resources Board has posted our schedule for a series of statewide training seminars concerning the in-use off-road diesel regulation. The Air Resources Board has posted our schedule for a series of statewide training seminars concerning the in-use off-road diesel regulation. ARB will be holding twelve 4-hour long seminars that will run July 31, 2008 through September 12, 2008. The regulation was adopted in July 2007 and is now in effect. This regulation affects owners of off-road diesel vehicles such as backhoes, skid steers, and forklifts.

The training schedule can be found at http://www.arb.ca.gov/msprog/ordiesel/meetings.htm

Trainings are free, and we welcome your attendance. If you are interested in attending, please send an e-mail to Eric Brown at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

We have posted an updated version of the Proposed Statewide Truck and Bus Regulation for the July-August workshops.


ARB staff have considered the comments received, and have modified the proposal as appropriate. The current release incorporates the comments taken in the previous round of workshops, as well as in other forums. At the workshops, ARB staff plans to provide an overview of the current proposal and to discuss the associated changes in the proposed regulation. The Proposed Statewide Truck and Bus Regulation can be downloaded at: http://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm

We invite you to participate in a series of workshops to discuss the proposed regulation to reduce emissions from existing diesel-fueled on-road vehicles operating in the State. This is the seventh set of workshops since the initial regulatory concept was presented in April 2007 and will also be the last series of workshops before the proposed regulation will be considered by the Board on October 23, 2008. At the workshops, staff plans to provide an overview of the proposed regulation and to discuss the associated costs and emissions benefits. Day and evening workshops are planned. The daytime workshops will be held in San Diego, El Monte, Redding, San Jose, Sacramento, and Fresno. The workshop in Sacramento will also be webcast. Workshops will also be held in the evening in El Centro, Redding, San Jose, Riverside, and Arvin. For more information on the workshops: http://www.arb.ca.gov/msprog/onrdiesel/workshops.htm
The Air Resources Board has posted our upcoming schedule for a series of statewide training seminars for the in-use off-road diesel regulation. ARB will be holding twelve 4-hour long seminars that will run July 31, 2008 through September 12, 2008. The training schedule can be found at http://www.arb.ca.gov/msprog/ordiesel/meetings.htm
The Construction Industry Air Quality Coalition, with whom EGCA is associated, has put together a one-page list of talking points with regard to the CARB proposed On-Road Truck Regulation.

Download PDF



CARB Off-Road Regulation Approved by OAL

May 16 - The California Office of Administrative Law approved the in-use off-road diesel vehicle regulation and filed it with the Secretary of State today. The regulation will become effective on June 15, 2008. The final regulation order is available at http://www.arb.ca.gov/regact/2007/ordiesl07/frooal.pdf

New Information From CARB Regarding the Proposed Truck and Bus Regulation Language

May 16 - On May 12, 2008, we posted the revised proposed regulation to reduce emissions from in-use on-road heavy-duty diesel-fueled vehicles. We also posted an updated fleet average calculator and a fact sheet describing the significant health impacts associated with on-road heavy-duty diesel trucks and buses at: http://www.arb.ca.gov/msprog/onrdiesel/documents.htm

We have since made corrections to the proposed regulatory language reflecting revised Fleet PM Targets for heavy heavy-duty (HHD) vehicles for compliance years 2011 and 2012. The corrections are shown in Table 4 of the draft proposed regulation. You can view the Proposed Regulatory Language with Errata at: http://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm

Re: SCAQMD Adopts Mandatory SOON Program

At its monthly board meeting on May 2, the South Coast Air Quality Management District approved staff's recommendation to adopt the SOON Program (Rule 2449) for the South Coast District. While voluntary in 2008, next year applicable fleets will be required to participate in the program.

Several speakers at the meeting supported adopting the rule including the Los Angeles County Sanitation District, two waste haulers (Waste Management and Burtec), a local rental fleet from Chino, Extengine and three environmental groups including the Natural Resources Defense Council, Sierra Club and the Lung Association.

CIAQC requested that the board not proceed at this time and use the next 12 months to fix the broken program. Mike Lewis pointed out that doing otherwise will not result in emission reductions sought by the district and CARB, and equipment owners and operators will be subject to significant costs that go above and beyond those required to comply with the Off-Road Regulation.

Notwithstanding CIAQC's extensive written comments submitted to the District and board members over the last several months and testimony at the meeting, the South Coast board adopted the program with a 12-0 vote.

April 30 - This notice is to advise all PERP participants that District notification is NOT required for engines registered in PERP. Notification is still required, however for equipment units. Equipment units are defined as any machine or process that emits particulate matter only (rock crushing & screening, concrete batch plants, wood grinding, abrasive blasting, etc.)

May 1 -The above message omitted the fact that district notification is still required for engines if they are operated in the State Territorial Waters (STW). This notification for STW may not be made using our website. For STW notification the requirements are specifically listed in the operating conditions of the engine registration. Notification for onshore operations is not required for engines.

We have set up an automatic district notification form on our website (www.arb.ca.gov/portable/portable.htm), but it should only be used for registered equipment units, not engines.

If you have any questions regarding portable engine or equipment unit requirements, you may send an email to: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Public Workshop Notice

To discuss a proposed regulation for in-use on-road heavy-duty diesel-fueled vehicles

  • May 27, 2008
  • 10AM - 2PM
  • Cal Trans District 11
  • Garcia Room
  • 4050 Taylor Street, San Diego

click for more info



The 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; Click Here
  • 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.
2008 Carl Moyer Program Multidistrict Project Solicitation

The Carl Moyer Program provides monetary grants for the incremental cost of cleaner than required technology. Section 44286 of the Health and Safety Code gives ARB the authority to reserve up to ten percent of Carl Moyer Program funding for multidistrict projects.

February 15, 2008, the ARB released a solicitation seeking projects that qualify for this multidistrict funding: projects that operate in more than one air district, or that impact air quality in more than one air district as a result of air pollutant transport.

The official solicitation is found at the following link: http://www.arb.ca.gov/msprog/moyer/multidistrict.htm

All applications must be signed by the applicants and must be received by ARB no later than 5:00 PM April 11, 2008. Applications that are not signed by the applicant or that are sent via facsimile or e-mail will not be accepted. Applications can be mailed or hand delivered to:

Ms. Grace Garcia
Mobile Source Control Division
Air Resources Board
1001 I Street
Sacramento, CA 95812

SCHEDULE OF EVENTS

The multidistrict funds application forms will be available to the public on February 15, 2008.

An applicant Question and Answer conference for those seeking additional information on the program will be held at the ARB offices in Sacramento on March 5, 2008 from 10am-4pm.

Southern California applicant Question and Answer conference - TBA.

The final filing date and time to submit applications for the multidistrict funds is no later than 5:00 PM, April 11, 2008.

Projects selected for funding will be posted by ARB staff on June 6, 2008.

Fax or e-mail applications will not be accepted
On behalf of the construction industry, CIAQC submitted two 15-day comment letters to CARB on the Off-Road Regulation.

The first (dated Jan. 7) is in response to the entire Regulation. The second (dated Jan. 8) requests CARB to hold a public hearing on the SOON program (applicable to fleets of 20,000 hp and above) for the reasons outlined in the comments.

CARB is expected to issue a second 15-day notice for the off-road regulation at the end of January, 2008. The second 15-day comment solicitation will include any changes made in response to the comments it received on the first 15-day notice and will include language for the SOON program and the supporting staff documentation justifying the need for the program.
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Contact Us

Dan Fauchier
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Debbie Day
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EGCA: 619-692-0760

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Call To Action

We have a Category 5 challenge bearing down on the construction industry. It can make obsolete 90% of the equipment in use today. The biggest asset most construction companies have is their equipment, and much of that is about to become worthless.Jim Burton

Website Goals & Strategy

This educational website has been created by some of the most responsible members of the construction industry.

Its goal is to enable all parties – public sector and private sector – to clearly and reasonably understand the full facts and implications of aggressively regulating Off-Road Diesel engine emissions as proposed by the California Air Resources Board,

And to assist in charting a course which (a) is in the best interest of all the people of the State of California, (b) achieves the Governor’s "Environmental Action Plan" goals, and (c) is affordable and achievable by (and fair to) small, medium and large construction companies in California.

In pursuing these educational goals we employ the following strategies:

  • Be above the “political fray” – stick to the facts – tell the truth
  • Educate ourselves and the public on the issues and the facts on all sides – rigorously and without “spin” – being intellectually honest
  • Develop a true understanding of the positions of the government regulators – to know what they know
  • Create in one place a shared body of knowledge to enable contractors and public officials to choose among political and positional options with full knowledge of the factual foundations and implications of them all
  • Discover what are the irrefutable arguments – the settled facts – to which we can mutually stipulate and move on
  • Keep eyes and minds open
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