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AGC Member Tells EPA: Diesel Emissions Rule Risks Workers' Lives

Jon Cloud testified before EPA on California's proposed diesel retrofit rule. AGC member Jon Cloud testified before the U.S. Environmental Protection Agency on April 14 to explain how California's plan to require construction contractors to install emissions reduction kits on their off-road diesel equipment will endanger workers and force job cuts.  Cloud (J. Cloud, Inc., El Cajon, Calif.) and Guy Prescott, a representative of the International Union of Operating Engineers, Local Union Three, asked EPA to deny or delay a decision to allow the state to proceed with its off-road rule. Read AGC's press release here.  AGC of America has been actively involved in EPA's Nation Clean Diesel Campaign since its inception in the year 2000.  AGC will continue to partner with EPA to provide AGC chapters and members with the information they need to make the voluntary program work wherever there is local interest.  On the legislative front, AGC will continue to urge U.S. Congress to provide financial and technical assistance to construction equipment owners and operators who make informed decisions to install emissions control technologies on their diesel engines.  However, AGC strongly maintains the position that diesel retrofit decisions must be made on a case-by-case basis; contractors must be mindful about when, where and how they retrofit their equipment.  Any "diesel retrofit" mandate that forces equipment upgrades may lead to conditions that could be unsafe for workers. Background EPA held a hearing April 14 in Washington, D.C., to consider the California Air Resources Board's (CARB) request for a so-called "federal preemption waiver" to allow it to begin enforcing its off-road diesel equipment rule. The first of California's strict exhaust standards was originally scheduled to go into effect on March 1, 2010, but EPA never granted approval to CARB to move ahead with enforcement. AGC presented expert witness testimony at the hearing, asking EPA to deny California's request. 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.  See the related articles in the April 28 issue of the Observer. 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 engine emission standards for off-road diesels that are currently in use. Other states are prohibited from developing their own regulations but may identically adopt California's rules once EPA has approved them. For more information, contact Leah Pilconis at pilconisl@agc.org or (703) 837-5332.