AGC Continues to Fight Implementation of California's Diesel Emissions Rule

In the ongoing effort to stop California from implementing a rule to impose retroactive emissions standards on diesel construction equipment, AGC has written to the U.S. Environmental Protection Agency (EPA) urging that that the California Air Resources Board's (CARB) request for a waiver to implement the rule be denied. AGC's letter warns that construction companies nationwide will suffer significant financial losses and more construction workers will lose their jobs if the federal government allows California to proceed. AGC has formally petitioned CARB to reopen its rulemaking and persuaded CARB to direct its staff to "work with AGC" to get to the bottom of the several arguments that AGC included in its petition - and particularly its claim that the economic downturn has already reduced emissions from off-road diesel equipment to the point that CARB can relax its rule without compromising the agency's environmental objectives.  AGC has hired a consultant to analyze the data used by CARB to justify implementing the rule. In addition, AGC has urged U.S. EPA to hold hearings in California before deciding whether to grant California's request for federal approval of its rule. Unless blocked, the CARB rule will require California's contractors to retrofit, repower, retire and/or replace much of their off-road equipment. The Federal Clean Air Act prohibits other states from implementing their own off road diesel emissions rule but allows them to adopt the California rule.  A study conducted by AGC shows that 32 states, including Arizona, Georgia, Illinois, Maryland, New York, Pennsylvania and Texas, are poised to use the California requirements. Because of the impact on contractor's nationwide, AGC joined with the California Chapters in a collective effort to stop the rule or significantly modify it. AGC held a conference call this week to update chapters with members that own significant equipment spreads on the status of the rule and AGC's efforts to stop it's implementation. Many AGC chapters have volunteered to contribute funds in support of the effort.