Notice from CARB on March 1st Deadline

Until further notice, no enforcement action will be taken for noncompliance with the March 1, 2010, large fleet performance requirements of the off-road regulation.

Air Resources Board (ARB) Executive Officer James N. Goldstene issued a statement informing fleets that until further notice, ARB will take no enforcement action for noncompliance with the March 1, 2010, large fleet performance requirements of the off-road regulation. This is primarily due to the fact that ARB has not received authorization from U.S. EPA to enforce the emission related requirements of the regulation.

Please note that the idling, reporting, labeling, and sales disclosure requirements in the regulation remain in effect and fully enforceable. This means that large fleets still must comply with the April 1, 2010, reporting deadline (i.e., still must report their reduced activity and reduced horsepower to ARB). For more information regarding these requirements, please see the off-road knowledge center webpage at http://www.arb.ca.gov/msprog/ordiesel/knowcenter.htm

Also, in recognition of the continuing effects of the global recession, on March 11, 2010, in Sacramento, ARB will conduct a hearing where stakeholders may testify on whether the off-road regulation should be modified further, beyond the relief that the Board already enacted in July, 2009. At the hearing, ARB will gather more factual information on the impact of the recession on affected fleets to determine if further changes to the regulation are warranted.

ARB next week will also issue an enforcement advisory to clarify the current situation and next steps. Further information concerning the status of the off-road regulation is available in the following letter that ARB sent yesterday to the Associated General Contractors, available at http://www.arb.ca.gov/msprog/ordiesel/documents/goldstene21110.pdf

California Gives Relief to Off-Road Construction Equipment Owners

Statement issued today (02-12-10) by California Air Resources Board Executive Officer James N. Goldstene:

“Over the last several years, the construction industry has felt the sting of the faltering economy with reduced activity and idled off-road equipment. This has made it difficult for contractors to pay for required clean-air upgrades to their fleets. Along with this reduced construction activity has been a corresponding reduction in construction emissions.

“Because of this, ahead of a March 1, 2010, compliance deadline, ARB will issue an enforcement advisory to notify all stakeholders affected by the off-road equipment regulation that effective immediately, and until further notice, no enforcement action will be taken for noncompliance. In addition, on March 11 an Executive Officer hearing will be held where stakeholders may testify on the question of whether the off-road regulations should be further modified to account for the down economy and subsequent emissions reductions. That information will be included in an already-scheduled update to the full Board at its April meeting.

“ARB will continue to evaluate the impact of the recession on emissions from all sources and make adjustments to our regulations as needed. However, the health of all Californians requires that all industries continue to use the cleanest, most efficient equipment possible. Clean air is not a luxury – it is a right. We need to continue to work toward goals that save us all money in healthcare costs, lost work and school days, and contribute to our quality of life.”

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.

Changes to CARB Off-Road Diesel Regulation

CA Office of Administrative Law has approved two changes to the off-road regulation and have filed them with the California Secretary of State, thereby making the changes effective. They are the following:

- Extension of double retrofit credit by 10 months from March 1, 2009 to January 1, 2010 and other minor clarifications and amendments to the regulation.
See: http://www.arb.ca.gov/regact/2009/ordiesl09/ordiesl09.htm

- The new Assembly Bill 8 2 X (AB 8 2X) credits for fleets that have reduced in size or reduced the amount they operation their vehicles.
See: http://www.arb.ca.gov/msprog/ordiesel/faq/faq-early-credit.pdf