California Receives EPA Permission to Enforce Off-Road Diesel Engine Emissions Standards

Other States May Now Adopt Identical Rules The California Air Resources Board (CARB) announced late Friday that it has received authorization from the U.S. Environmental Protection Agency (EPA) to enforce its statewide In-Use Off-Road Diesel Vehicle Regulation, including the rule’s engine emissions targets and related requirements, such as turnover requirements and restrictions on adding Tier 0 and Tier 1 vehicles. As previously reported by AGC, dozens of other states have been closely following California's controversial effort to implement and enforce first-time emission limits for in-use "fleets" of off-road diesel equipment. Now that CARB has received a Clean Air Act (CAA) “waiver” from EPA, California is allowed to enforce the rule’s engine emissions limits and other states can then adopt and enforce standards "identical" to California's regulation. Enforcement Advisory 13-25 informs all off-road fleets as to how CARB staff will proceed with the enforcement of the regulation – for more information, click here. CARB has delayed enforcement of its off-road diesel emissions requirements for large fleets (> 5,000 total horsepower) until July 1, 2014 (six-month extension). The prohibition on adding vehicles with Tier 0 engines to any fleet and Tier 1 engines to large or medium fleets will take effect on January 1, 2014. Nationwide Implications California's standards to reduce emissions from in-use, off-road diesel equipment has nationwide implications. Out-of-state contractors working in California must adhere to the rule. In addition, AGC estimates that dozens of other states with similar air quality concerns may be interested in adopting the California off-road rule; the ultimate goal being to meet increasingly tighter National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter. While the federal Clean Air Act (CAA) generally prohibits states from adopting standards to reduce emissions from in-use, off-road diesel equipment, the CAA gives California a special exception to adopt such rules and then enforce them once they are approved by EPA (a process called “granting a waiver of federal preemption”). The CAA also permits other states to adopt and enforce any California emission standards that meet with EPA's approval. According to the CAA and EPA's "clarifying" regulations, California must first adopt its standards, and then other states may adopt the same standards provided that: 1) the other state's rule does not take effect until two years after its adoption by that state, and 2) the rule is the same as the one ultimately authorized by EPA's waiver (Section 209(e)(2)(B)). Background California’s regulations for In-Use Off-Road Diesel Vehicles first took effect on June 15, 2008. AGC of America, AGC of California and the San Diego Chapter (collectively "AGC") were actively involved in the initial rulemaking process and successfully negotiated sweeping amendments to the rule at the end of 2010. AGC also submitted more than 550-pages of comments to EPA and testified at two EPA hearings on California's request for federal approval to enforce the rule. The rule applies to emissions from diesel-powered construction, mining, and other industrial vehicles operating in California that have propulsion engines that are 25 hp or greater. Fleets were required to initially report their off-road diesel vehicles to CARB in 2009. In addition, fleet owners are currently subject to restrictions on unnecessary idling, and some large fleets will be subject to accelerated replacement/repower requirements beginning January 1, 2014. More Information For specific details on California’s In-Use Off-Road Diesel Vehicle Regulation, please visit CARB’s website at http://www.arb.ca.gov/ordiesel. For additional information about complying with the rule – including fact sheets, advisories, answers to frequently asked questions, and DOORS user guides – please visit CARB’s Knowledge Center at http://www.arb.ca.gov/msprog/ordiesel/knowcenter.htm or call CARB’s helpline at (877) 593-6677. To review AGC’s multi-year effort to help shape the nation’s first-time emission limits for in-use "fleets" of off-road diesel equipment, click here. For more information on whether your state may adopt California’ off-road engine emissions standards, click here. If you need additional information, please feel free to contact AGC’s Leah Pilconis at pilconisl@agc.org or Michael Kennedy at kennedym@agc.org.