Clean Air Act and California What happens in California does not stay in California

Clean Air Act and California

What happens in California does not stay in California.

Greetings from CaliforniaThe rest of the country is under the regulatory

authority of the Federal Environmental Protection Agency, but California has special consideration under the Clean Air Act and can enact its own rules, with EPA approval.

These measures deal with criteria pollutants…such as particulate matter…

States not in attainment—PM 2.5AlabamaCaliforniaConnecticutDelawareDistrict of ColumbiaGeorgiaIllinoisIndianaKentucky

MichiganMissouriMontanaNew JerseyNorth CarolinaOhioPennsylvaniaTennesseeVirginiaWest Virginia

If your state is not on the list…

Thank you very much, that concludes my talk….

But wait….there’s more

Midwest States with nonattainment areas8-hour ozone standards

Since Wisconsin, for example, fails to meet the Federal 8-hour ozone standards it could be subject to requirements to reduce ozone precursors—notably Nitrogen Oxides (NO2)—which is covered by California’s new diesel regulations and EPA is getting ready to increase ozone requirements…throwing virtually every state in the pool!

California Air Resources Board calls diesel particulate a carcinogen

The only government in the world to make this determination—in 1998—and it has led to six different regulations on diesel construction engines.

The EPA calls diesel particulate a “probable” carcinogen…under the Bush administration….what will the Obama Administration have to say?

The California Regulatory Burden

Stationary Engines—power generators, etc., or if your equipment is on a job site more than one year

Portable Engines—> 50 h. p. gen sets, concrete pumps

Large Spark Ignition—fork liftsCargo Handling—in ports for bulk cargo, cranes, etc.Off-Road Equipment—25 horse power and upOn-Road Equipment—anything above 14,000 lb GVW

They are all bad—but…..

The off-road rule is truly horrible, requiring replacement of 180,000 pieces of equipment in the next ten years.

Basics of the off-road ruleApplies to all fleets in the state:

Any machine greater than 25 horsepower

Large >5,000 combined diesel horsepower

Medium <5,0000 but >2500 h. p.Small <2500 h. p.

Current key provisions of off-road rule

Can’t idle any diesel engine for longer than 5 minutes with specific exceptions.

Must have a written idling policyCan’t buy a machine with a Tier 0 (pre 1996)

engine effective March 1 (no Tier 1 after 2013)Can’t sell any machine without a disclaimer that

says equipment is under regulation from CARBMust meet ever-declining fleet emission

standards each yearMust report progress on meeting requirements

each year

NO2 RequirementsFor Large and Medium Fleets

Must replace, repower or retire 8 percent of fleet horsepower every year until 2015….then percentage jumps to 10 percent.

Repower or replacement equipment must meet tier 3 standards now and tier 4 by 2020.

Small fleets exempt from NO2 requirements

THEN

Particulate Matter Requirements

Must add CARB verified diesel emission control systems (VDECS) to 20 percent of remaining fleet.

Large fleets must start compliance this yearMedium fleets by 2012Small fleets by 2015

VDECS cost between $10,000 and $50,000 per application, plus installation costs.

Reporting RequirementsEverybody had to make an initial report to CARB by September 2009*

The latest data we have is that nearly 7,800 fleet owners have reported about 155,000 pieces of equipment into the CARB system. That means that the CARB emissions inventory was off in its estimate of the fleet size by about 15%...and we have discovered that their fuel use estimate was off by 70%!! Bottom line, CARB is over-regulating our industry. SCCA is working with AGC and CIAQC (more about that later) to scale back the rule to fit the need.

*Annual reports required April 1 each year thereafter

Engine Identification NumbersThe EIN must be white on a red background, located in clear sight on the right (starboard) side of the outside of the vehicle, approximately 5 feet above ground. Each character of the EIN needs to be at least 3 inches tall and 1.5 inches wide. The EIN must be maintained in a manner that retains its legibility for the entire life of the vehicle.

EnforcementCARB enforcement department just added 20

new inspectorsLocal Air District inspectors (and there are 35

air districts around the state) can also enforce rule

Until CARB receives waiver from EPA can only enforce idling, sales and reporting requirements.

The EIN requirements are to there to let enforcement agents do a “drive-by” inspection—no numbers, quick ticket.

PenaltiesFailure to follow the regulation can result in civil

penalties of $10,000 per day per machine. Criminal penalties can reach $40,000 per day

per machine and jail time.

These are real—one California highway contractor recently settled a CARB fine for $6 million, plus meeting ISO 9000 standards for his business—

THE ATTORNEY GENERAL STARTED AT $34,000,000 IN FINES ON THIS CASE!

What we are doing about it

Consultant’s wet dream—we are reviewing consultant qualifications for our members

Still fighting—Off-road rule was amended in December and January ….pushing for more amendments

Pushed through legislative changes in reporting and compliance requirements during latest budget battle

What you should be doingGet familiar with California ruleUnderstand that it was passed as two regs—one

for NO2 and one for particulate matterCan only be adopted in total, not subject to

amendment other than technical corrections such as geographical designations

Fight through the regulatory process and in the legislature to keep state from adopting anything

Figure out whether you want to stay in business after this passes

Support organizationsEverybody is on the same bus with these

regulations….in fact, the buses will get regulated under the on-road rule.

Join forces with all other associations, speak with one voice and try to get some professionals in on the game.

In California, we created the Construction Industry Air Quality Coalition—CIAQC—in 1989 and have been working on these issues ever since…check out www.ciaqc.com for more information

For More Information

William E. Davis, Executive Vice PresidentSouthern California Contractors Association

6055 E. Washington Blvd., Suite 200Los Angeles, CA 90040

323-726-3511 FAX 323-726-2366 Cell 323-336-1242

williamedavis@cox.net