ACP Pubs

Loren Faulkner

URGENT Request…
October 17, 2008

CARB is at it again...
Several California construction industry associations have been trying to get the word out about California Air Resources Board's (CARB) latest effort to fast-track their business-damaging off-road diesel regulations. The federal Environmental Agency (EPA) must give the final o.k.—normally a two or three year review process. But CARB is seeking to ramrod this through in an unprecedented 90 days, apparently.

Below is an explanation and action plan submitted by Associated General Contractors of California. If you are concerned about the health of your construction business, here is a way to make one last attempt to do something about CARB’s unreasonable demands:

Urgent Request for Action California Air Resources Board (CARB)

As many AGC members are well aware, the California Air Resources Board (CARB) has adopted off-road engine emission standards that will require most of the state’s construction contractors to retrofit or replace up to 90% of their off-road diesel equipment over a period of just ten years. For fleets exceeding 5,000 hp, these standards will take effect in March of 2010 and decline each and every year from 2010 to 2020. The industry estimates that the cost of compliance will reach roughly $13 billion and even the state has put the cost at $3.4 billion.

The only thing that currently stands in the way of the state's enforcement of these standards is the federal Clean Air Act, which requires the U.S Environmental Protection Agency (EPA) to review and approve the state's standards before the state begins to enforce them. Over the 34 years that the Act has been in effect, EPA has typically taken between two and three years to complete that process. In this case, EPA appears intent on completing its review in less than three months!

The agency has tentatively scheduled a public hearing on the state's standards for October 27. It plans, however, to hold such a hearing only if interested parties request one by October 20. In addition, it plans to hold only one hearing, to hold it in Washington, DC, and to require all interested parties to submit any written comments they may have by November 28.

AGC of America, AGC of California and the AGC San Diego Chapter are preparing a joint letter to the agency and simultaneously exploring all of the industry's other legal options. But the association can get the industry only so far.EPA also needs to hear from individual contractors. Your individual voices are the most powerful.

Tell EPA:   

• These standards will affect your business, and its ability to grow. 
• Over time, these standards will affect the cost of construction.
• You want hearings on the rule so you can be heard.
• Those hearings should be in northern and southern California, and no earlier than December, so that you can set aside time to participate, and properly prepare for the hearings.
• The precipitous drop in construction activity means that emissions are already down.

Attached is a model letter urging EPA to provide more time and to hold hearings in California. It is important for you to send a similar letter on your own letterhead, urging the agency to change course. It is equally important for you to send your letter very quickly. 

To meet that deadline, you have several options:

- You can email your letter to: Dickinson.David@epa.gov and a-and-r-dockjet@epa.gov.

- You can fax your letter to: (202) 343-2804 and (202) 566-1741.

- You can mail your letter to: David Dickinson
                                                Compliance and Innovative Strategies Division (6405J)
                                                U.S. Environmental Protection Agency 
                                                1200 Pennsylvania Avenue, NW 
                                                Washington, DC 20460

                  with a copy to:      Air and Radiation Docket
                                                 Docket ID No. EPA-HQ-OAR-2008-0691 
                                                 Environmental Protection Agency
                                                 Mailcode:6102T
                                                1200 Pennsylvania Avenue, NW
                                                 Washington, DC 20460 

                                    and      AGC of California
                                                 3095 Beacon Blvd. 
                                                West Sacramento, CA 95691

Contact John Hakel at hakelj@agc-ca.org with any follow-up questions you may have.

Sample Letter to EPA to write:

[YOUR LETTERHEAD]

[TODAY’S DATE]

Mr. David Dickinson

Compliance and Innovative Strategies Division (6405J)

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC  20460

Re:      California Request for Waiver of Federal Preemption of Standards for Off-Road Diesel Emissions, Docket ID No. EPA-HQ-OAR-2008-0691

Dear Mr. Dickinson:

On October 7, 2008, the U.S. Environmental Protection Agency (EPA) announced that California had requested a waiver of federal preemption of the state’s new standards for off-road diesel emissions (73 F.R. 58585).  At the same time, EPA tentatively scheduled a public hearing on the request for Washington, DC, on October 27, 2008, and announced that all written comments on the request would be due on November 28, 2008.

As a California construction contractor who would have to comply with the state’s new standards for off-road diesel emissions, I am requesting request public hearings the state’s request for a waiver.  In addition, I urge EPA to grant the public additional time to prepare for the hearing in Washington, to hold at least two subsequent hearings in California, and to grant the public additional time to submit written comments.  California’s new standards will affect my business and my employees in serious ways that merit thoughtful consideration.

EPA has several compelling reasons to take a carefully measured approach to California’s request, and not to proceed in such great haste.  The state’s new standards for off-road diesel emissions are enormously complex and certain to cost billions of dollars to meet.  Since the stated adopted these standards, both technological and economic circumstances have changed.  New technology has been slow to arrive and the available technology has come into conflict with safety standards.  Financial markets have frozen and the construction industry now stands on the edge of a deep downturn.  As the construction industry has slowed down, engine emissions have also dropped, precluding any plausible claim that EPA needs to proceed so quickly. 

Turning more directly to EPA’s plans for responding to California’s request, let me add that it would be fundamentally unfair for EPA to require California’s construction contractors to clear their calendars and almost immediately fly to Washington simply to exercise their right to address a matter of such great importance.  Indeed, the agency’s current plans seem far more calculated to discourage public input into the agency’s decision making process than to ensure that the agency gets it right.  Most of the state’s construction contractors are small businesses, and few can bear the expense and other burdens of traveling to Washington on such short notice.  It is imperative for EPA to hold at least one hearing in northern California, to hold at least one hearing in southern California and to grant the construction industry more time to prepare written comments.  Livelihoods are at stake.

Thank you.

Sincerely,

[YOUR NAME]

[YOUR TITLE]

Posted by Loren Faulkner on October 17, 2008 | Comments (0)