AGC Tells EPA: CARB Emissions Rule Is Unnecessary and Could Hurt Workers

AGC member Jon Cloud testified before the U.S. Environmental Protection Agency to explain how California's plan to require construction contractors to install emissions reduction kits on their off-road diesel equipment is unnecessary, will endanger workers and force job cuts. Joining Cloud in asking EPA to deny or delay a decision to allow the state to proceed with its off-road diesel rule at the hearing was Guy Prescott, a representative of the International Union of Operating Engineers also expressed concern for workers pointing out that the large filters and new exhaust pipes that are part of many emissions reduction kits can impair visibility and greatly increase the risk of burns.  The hearing was scheduled to consider the California Air Resources Board's (CARB) request for a waiver to allow it to begin enforcing its off-road diesel equipment rule. The rule was originally scheduled to go into effect on March 1, 2010 but EPA never granted approval to CARB to move ahead with enforcement. This EPA action follows closely on the heels of a public hearing held by CARB on March 11 on the question of whether the off-road regulations should be further modified to account for the down economy and subsequent emissions reductions. AGC presented CARB with substantial empirical data demonstrating that the downturn in California's economic conditions and the resulting drop in construction activity have made the rule unnecessary. AGC has pointed out that California's own inventory data makes clear that off-road equipment operators will be well under the state's aggressive diesel emissions limits for years to come without this rule.  AGC will make similar recommendations at the upcoming EPA hearing. 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 grants unique authority to California to adopt its own clean air rules, including an off road diesel emissions rule. Other states are prohibited from developing their own regulations but may adopt California's rules once EPA has approved them.  AGC joined with the AGC of California and San Diego AGC Chapter in a collective effort to stop the rule or significantly modify it.