San Diego Construction Industry Air Quality Coalition (SAN CIAQC)

San Diego Construction Industry Air Quality Coalition (SAN CIAQC)

UPDATED 08/26/08

"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.

SCAQMD Workshop for Off-Road Diesel Vehicle Programs

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

 


UPDATED 07/18/08

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 .



UPDATED 07/18/08

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



UPDATED 07/07/08

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



UPDATED 07/01/08

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



UPDATED 05/25/08

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



UPDATED 05/16/08

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



UPDATED 05/16/08

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



UPDATED 05/05/08

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.



UPDATED 05/01/08

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



UPDATED 4/11/08

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.


UPDATED 2/20/08

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


UPDATED 1/18/08

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.
UPDATED 12/26/07

Off-Road Construction Equipment - TAKE ACTION TODAY!!!

There is still time for you to weigh-in on the implementation of the off-road construction equipment regulation passed by the California Air Resources Board (CARB) this summer.

This rule will have a dramatic affect on you - tell CARB before it is too late how this rule will impact your construction business.

CARB is taking comment on this rule until January 4, 2008 - just 15 days from today.

Post a comment on CARB's web site by clicking here.

Tell them this rule is flawed because:

Clarity and Comprehensibility:

The regulation is too complex and lengthy: we do not fully understand it or its effect on our fleet. Before this regulation, we bought equipment based on what we needed to do our work.

We will have to hire consultants to tell us what we can and must buy and when we will need to replace, retrofit, or repower what have.

Capital-Intensive Industry:

The value of our business is tied up in our fleet of construction equipment.

To meet ARB’s requirements for newer equipment, we will have sell existing equipment.

Rule Forces Downsizing of Capability:


Because newer equipment costs more than our older equipment, ARB’s rule will force us to downsize our operations. Downsizing will limit our ability to perform on contracts and require us to take longer on the projects that we win.

Unfair Retroactive Requirements:

When we made our purchasing decisions and other investments, we relied on the standards that applied to us at the time. It is unfair to require us to retrofit or replace equipment that was legal when we bought it.

ARB should regulate the manufacturers, not consumers.

Cost Pass-Through:

For us to win contracts, we cannot simply pass on the costs of equipment purchases to our customers. We have to absorb a significant portion of our own expenses. Increasing our expenses will overwhelm our narrow profit margin.

TAKE ACTION TODAY - MAKE SURE YOUR VOICE IS HEARD!


UPDATED 12/18/07

Yesterday CARB issued a new PERP Advisory that has recently been placed on the CARB website.

Please read this information very carefully, and be aware that the expedited processing option applies only to those applications that meet certain specific criteria.

A copy of the advisory is attached, and the new PERP

Advisory may be found at: http://www.arb.ca.gov/portable/perp/advisory.htm


UPDATED 12/12/07

The California Air Resources Board (CARB) has now posted the 15-Day Notice of Public Availability of Modified Text and Availability of Additional Documents for the Proposed In-Use Off-Road Diesel Regulations.

These documents and the associated regulatory materials can be found on the CARB website here.  The deadline for public comment is December 28, 2007. If there is any questions or you need anything e-mail or call.


UPDATED 12/12/07

Please see important info below and the attachment

Call the EGCA office at (619) 692-0760, if you have any questions.

The attached was received on Friday

re: SOON program as a part of new CARB Off-Road Regulation.

In a nutshell all large fleets 20,000 hp and up that do business in Riverside, San Bernardino, LA or Orange Counties must turn in their fleet inventory to SCAQMD based on January 1, 2008 fleet census.

From this census, SCAQMD will decide which pieces of equipment they (SCAQMD) want repowered and will send contracts to those owners. These owners must sign these contracts or they will be noncompliant and subject to fine.

These contracts will require the owner to pay a portion (per Moyer) of the repower cost and the owner of the equipment will then be saddled with a 7 year "obligation" (read: liability) as well as a commitment to use the designated equipment 50% of time in SCAQMD territory.

If an owner has any equipment utilized in SCAQMD, then the inventory turned in is entire statewide inventory, not just that equipment used in SCAQMD.

This is a huge deal for any of our large contractors with any equipment in Orange or Riverside Counties and it appears to start January 1, 2008 with final "applications" in by May of 2008.. We need to get this out to our large contractors.
 
Funding Program Announcement


UPDATED 11/19/07

Moyer Funding 2008

For those seeking Moyer funding for 2008, the new Moyer Guidelines don't go to public hearing until March, and we suspect that many Districts (including San Diego) will delay their programs slightly so they can be modified to reflect these soon-to-be-adopted guidelines.

Last year San Diego released their RFP in February and applications were due in early April. Having said that, Bay Area AQMD is charging ahead using the 2005 guidelines and will release their next RFP in January, 2008.


UPDATED 10/11/07

Brinks to pay $147,000 to CARB for pollutions violations

Armored Services Company failed to inspect vehicles for emissions.

SACRAMENTO - Last month Brinks, Inc., agreed to pay $147,000 in a settlement agreement with the California Air Resources Board for failure to self-inspect their diesel trucks for compliance with the state's smoke emissions standards.

Full article...



UPDATED 9/28/07

On July 26, 2007, the Air Resources Board (ARB) adopted a regulation to reduce diesel particulate matter (PM) and oxides of nitrogen (NOx) emissions from in-use (existing) off-road heavy-duty diesel vehicles in California.

On 9/28/07 CARB issued the following statement:

Although staff had originally planned to release the 15-day package of regulatory changes for formal comment in September, staff is now taking time to carefully review and consider the numerous comments received.

Staff therefore plans to formally release the 15-day package in October. After its release, the comment period on the package will be open for 15 days.

BOTTOM LINE AS OF 9/28/07: We still have not seen the final version of the Rule as passed on 7/26/07. Stay tuned.


UPDATED 10/3/07

"NEW On-Road rules coming Summer 2008 - CARB workshop coming 10/19"

10/19/07 at 9:00 AM - CARB San Diego Workshop:

"Proposed Regulation for In-Use On-Road Heavy-Duty Diesel-Fueled Vehicles" will be held at:

Caltrans Headquarters, Garcia Room

4050 Taylor Street, San Diego, CA (in Old Town where I-8 meets I-5)

This public workshop will discuss revised proposed regulatory language, online survey, costs and cost methodology, and additional outreach efforts.
 
On-Road Diesel Rule Proposed

The California Air Resources Board (CARB) is marching forward with its regulation of the construction industry. SCCA's Bill Davis reports, "The on-road heavy diesel equipment rule is taking shape and the shape is scary for anyone who operates older heavy-duty diesel trucks over 14,000 Gross Vehicle Weight Rating (GVWR)."

CARB posted a draft proposed regulation to reduce emissions from in- use on-road heavy-duty diesel vehicles on its web site late yesterday. The draft regulation will be discussed at the upcoming workshops on August 22 in El Monte, August 23 in Sacramento, and August 28 in Fresno.

Please attend the CARB workshop this week:

El Monte
Wednesday, August 22
10:00 a.m. - 1:00 p.m.
Air Resources Board
Auditorium, Annex 4
9530 Telstar Avenue
El Monte, CA 91731

Additional workshops will be held in Sacramento, 8/23, and Fresno, 8/28.

Most of the regulation is a clone of the now-adopted off-road rule, with hard emission targets for both oxides of nitrogen (NOx) and particulate matter (PM) emissions. There will be fleet averaging and best available control technology (BACT) approaches within the rule.

The compliance deadlines start for older equipment in 2009. Here is the draft language:

From page 8 of the proposed regulation

(A) The NOx exhaust emissions from a vehicle must be less than or equal to the NOx emissions from an engine certified to the NOx emission standard for a 2004 model-year heavy-duty diesel engine, as specified in title 13, CCR, section 1956.8(a)(2)(A).

(B) The PM exhaust emissions from a vehicle must be less than or equal to the PM emissions from an engine certified to the 0.1 g/bhp- hr PM emission standard for a 2004 model-year heavy-duty diesel engine, as specified in title 13, CCR, section 1956.8(a)(2)(A), in conjunction with the highest level diesel emission control strategy as defined in subsection (d)(19).

Table 1: Phase 1 Schedule for Compliance with 2004 Engine Model Year Standard.
Engine Model-Years of Fleet Vehicle     Compliance Deadline, as of December 31
Pre-1994     to comply in 2009
1994 - 1997     to comply in 2010
1998 - 1999     to comply in 2011
2000 - 2002     to comply in 2012
2003 - 2006     to comply in 2013

And then it starts all over again on December 31, 2013, with a whole new set of requirements. For more information, including a copy of the draft regulation, please go to the following web-link: http://www.arb.ca.gov/msprog/onrdiesel/workshops.htm


PERP – Portable Equipment Registration Program
YOU MUST COMPLY


UPDATED 1/20/07

If you missed the 12/31/05 registration deadline:

At the public hearing on December 7, 2006, the Air Resources Board adopted emergency revisions to accept "resident" Tier 1 and Tier 2 engines that do not meet the current emission standard in effect at the time of registration. PERP is currently accepting applications for all Tier 1 engines and also Tier 2 engines rated between 175 BHP and 750 BHP if documentation of operating in California at any time between March 1, 2004, and October 1, 2006, is submitted with the application. Documentation can include company equipment inventory, purchase records, usage records, or maintenance records. Form 2A must be submitted with the residency documentation.

These Tier 1 and Tier 2 engines that do not meet the current emission standard must also pay an increased fee for registration that includes back registration fees, back inspection fees, and current registration fees. The amount of the fee will be based on year of purchase, year of manufacture, or Tier 2 start date, depending on certain criteria.

NOTE: YOU CANNOT REGISTER TIER 0 PORTABLE ENGINES (mostly pre-1996), unless your local APCD will allow it. San Diego permits Tier 0 registration for a short time. South Coast AQMD and Imperial County APCD do NOT register Tier 0 engines and do not permit their operation.

Fines can be substantial.

NEW PERP changes as of 12/7/06


More information: www.arb.ca.gov/portable/perp/factsheet.htm

CLICK HERE FOR DIRECT LINK TO CARB WEBSITE ON PER LATEST NEWS & FORMS
WATCH THIS SPACE FOR URGENT UPDATES.
 


Coming 2007 – NEW Fugitive Dust Regulations in San Diego County

Those who work in Riverside and Imperial Counties already know this drill, but new “Fugitive Dust” regulations are coming to San Diego county mid-2007.  EGCA, BIA and the San Diego Construction Industry Air Quality Coalition are working with staff and managers at the San Diego Air Pollution Control District (APCD) in the development of sensible, effective regulations on fugitive dust.

Watch this space for the latest developments mid-2007.

For more information now, go to this most recent DRAFT of proposed regs.


 

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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