California CARB Rules - The farmer is probably next (long post sorry)

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Well-known member
Jul 24, 2007
This is a big issue for the compant i work for and I can see them going after the farmer next.

As if the economy wasn't a big enough problem for the construction industry, California regulators have their own ideas on how to cripple one of the state's largest employment generators. California has always built its way out of a recession. This time we are going to try regulating our way out of it!
Despite strong objections from AGC of California (AGC-CA), AGC of America and a coalition of industry partners including Construction Industry Air Quality Coalition (CIAQC), the California Office of Administrative Law approved the state Air Resources Board's off-road diesel regulations. The new regulation will become effective on June 15, 2008. Make sure you are informed and have the full regulations - the final regulation is available at . 
  The off-road equipment regulations have already caused the dumping of significant amounts of older equipment, the closure of a number of companies and a permanent shrinkage of high paying jobs for equipment operators. It will require California contractors to spend an estimated $13 billion on equipment and/or engine retrofits. This rule will take effect in 2010 and require compliance plans to be submitted by ALL contractors in California beginning in March of 2009. CARB administrators have said non-compliance may cost $10,000 per day, per violation but would probably start at a lower amount.

The standards and related rules require the owners of off-road diesel equipment to start labeling and reporting on their equipment, and to start limiting the equipment's idling time, and their purchases of older equipment, in 2009. In the following years, the rules require these companies either to meet annually declining targets for average emissions, or to retrofit, repower or replace a percentage of their equipment fleets' total horsepower.  During the rulemaking, AGC of America submitted four separate sets of comments, affidavits and expert reports exceeding a total of 300 pages in length.  In the comments, AGC demonstrated that CARB had:

understated the cost of retrofitting or replacing the existing equipment;
overstated the options for repowering such equipment with entirely new engines;
undercounted the amount of existing equipment, and exaggerated its natural turnover rate;
exaggerated the resale value of the equipment that the rule would render unusable anywhere in California;
wrongly assumed that construction contractors can simply pass all cost increases along to their clients, without regard to the competitive forces at work in the construction marketplace;
failed to account for the rule's impact on construction contractors' net worth, and in turn, their ability to finance the required investments; and
disregarded downstream effects on employment in the construction industry, and the time and cost of making critical improvements to the state's infrastructure.
For off-road fleets larger than 20,000 horsepower, the SOON Program (Surplus Off-Road Opt-in for NOx) has been adopted by the South Coast Air Quality Management District. Beginning in 2009, those fleets will have to apply for funding to re-power large Tier 0 engines and will have NOx (nitrogen oxide) fleet average targets that are lower that the rest of the state. 

Rules adopted earlier by CARB will render all "Tier 0" (pre-2000) portable engines illegal to operate in California beginning in 2010. Those welders, generators, compressors, grinders and concrete pumps are already illegal to operate if they are not already registered with in the State Portable Equipment Registration Program (PERP) or permitted by a local district. Local Air Districts have stepped up enforcement and are making frequent site inspections to review equipment registration forms. Equipment can be registered on-line on CARB's website: . 
"Indirect Source Rules" under consideration in local Air Districts would require off-setting all construction emissions from new and redevelopment projects. Fees could be used as one means to "off-set" those emissions. Limiting hours of equipmen t operations or allowing only newer equipment on job sites are other options. The South Coast rule is scheduled for adoption in mid-2009.

The SOON Program is rife with practical implementation problems and will require even larger expenditures of contractor dollars than just compliance with the very expensive statewide Off-Road provisions. CARB and the Air District have so far been unwilling to make changes to the rule that would facilitate contractor participation.  Large fleets can expect personal visits from Air District sales persons pushing for participation in the program.  Caution is advised, there is more to the story than they are telling.

On Road Diesel Regulations are Next
Increased enforcement efforts at the California Air Resources Board (CARB) are specifically targeting smoke from on-road diesel truck fleets (two or more is a fleet) that have not conducted proper emissions testing and have proper records in each truck. In recent weeks fines ranging from $8,000 to over $1 million have been paid by Coca-Cola Bottling Company, Service Rock Products, Southland Paving, Brinks, Waste Management and the San Luis Obispo Regional Transit Authority. Every company should be in compliance with the self-inspection requirements of CARB's Periodic Smoke Inspection Program.   
In the last few days, CARB has proposed new rules for On-Road trucks that will require replacement or retrofitting of all trucks built before 2006 beginning in 2010.  Even 2007 trucks will be obsolete in 2020. The draft regulation, proposed for adoption in October can be fou nd at . 
What Can You Do?
The Construction Industry Air Quality Coalition is asking that all contractors go to CIAQC's website and complete the on-road truck survey in order to help us fight this regulation - we can't do it without you! Visit to access the survey and obtain workshop dates and locations. Plan to attend one of these meetings and make sure your voice is heard - this regulation will have a significant impact on your business!
Next Steps
In the coming weeks, AGC-CA will provide members with more information on the details of the Off-Road Diesel regulation and develop training programs to assist members in complying with the ne w rules. California cannot enforce its new standards until the US EPA reviews and approves them.


Well-known member
Jan 10, 2007
Very simply is not the time to tighten Air Quality restrictions.  NOW is the time to spend all those $$  and time on fuel efficiency technology and stop sending our tax $ to foreign countries....take that $ and pay 1000s of graduate students to perfect hydrogen fuel cell technology!!!!!!

Ok, Im off my soap box now....whew...I feel better!