The highly irregular but always interesting newsletter of the SCCA

Volume 16 No 19                                                                                 July 24, 2006

•  CARB meeting shows determination of rule makers to ruin industry
•  Passing—Mike Justice dies of ALS July 21^st

CARB meeting shows determination of rule makers to ruin industry

More than 100 contractors and other industry members showed up for a CARB “workgroup” Friday, July 21^st to hear representatives of the California Air Resources Board explain their new, impossible regulations, which will require engine or equipment replacements of 10 percent of the fleet, every year, starting in 2013.

The new regulations, which CARB says will go into effect January 1, 2008, demand an 85 percent reduction in diesel particulate emissions, and, for the first time, included reductions in oxides of nitrogen (NOx) emissions as well.

CARB offered a two track scheme for achieving these goals using fleet average emissions which are required to improve in a five-step program spread over the next dozen years.  If your fleet doesn’t meet the target goals, your options will be to strap on verified diesel emission control devices (VDECs)or replace at least 10 percent of your equipment (in terms of horsepower) each year starting in 2013.

The agency said it was optimistic that VDECs would be available as a lower cost method for industry to achieve their goals. Industry pointed out they said the same thing about portable diesel equipment in 1997 but that no such devices are available for that equipment today.

CARB staffers admitted they didn’t understand that construction equipment lasts for decades and they have updated their assumptions about the age of the equipment. They now say that they believe 50 percent of the fleet is non-certified (pre-1988) equipment. Industry says it is closer to 66 percent. 

CARB’s key proposals are as follows:

·         Registration of all construction equipment starting January 1, 2008, with each piece of equipment to be issued and ARB number that will have to be prominently and permanently placed on each unit;

·         Annual recordkeeping and reporting requirements, right of entry for inspectors at job sites and yards;

·         Two approaches to meet targets, (based on engine tier certification standards, not real emissions per unit), fleet average or best available control technology (BACT).

·         If you can’t meet the targets, starting in 2013, you are required to meet mandatory engine replacement of 10 percent of the fleet, per year, with the best available engines, until you do meet the regulations.

·         CARB says there will be a variety of verified diesel emission control devices (VDECs) to help fleet owners meet the requirements, but no deviation from the engine replacement schedule if the VDECs fail to materialize. The emission requirements are on the chart below.

Table 1 – Construction/Mining/Industrial Equipment Fleet Average Targets¹

[g/bhp-hr]

¹ – Large fleets are those with combined equipment horsepower greater than (>) 20,000 horsepower, either owned or rented for one year or more; medium fleets= >1,500 to <20,000 hp and Small fleets= <1,500 hp.

Companies recognized as leaders in air quality such as Sukut Construction and Granite Construction, said they can meet the 85 percent emission reduction target, but not based on the approach CARB has proposed.  The reason is that the agency is basing its reduction targets on a top-secret year 2000 baseline of emissions, while the construction companies based their projections on their actual emissions for their fleet that year.

Mike Lewis with CIAQC said CARB was “asking us to bet the farm” on their promises of available lower-cost VDECs to meet the standards, noting the agency had nothing at risk and the industry had everything on the line if equipment replacement is the only other option.

CIAQC’s Board will be meeting tomorrow, July 25^th, to determine next steps, including, but not limited to, legislative, union and legal approaches to the issue.

Passing—Mike Justice dies of ALS July 21^st

Mike Justice, husband, father and founder of SCCA Affiliate Justice & Associates and Butler-Justice died on July 21 at 9:45 PM at the age of 60 after an extended battle with Amyotrophic Lateral Sclerosis (ALS, also known as Lou Gehrig’s Disease).

Viewing and funeral arrangements will be announced on our web site www.justiceassociates.com when they become available.

If you have questions, please call Mike Buckantz at (562) 762-5117.

Mike Justice and his family have requested donations to the Mike Justice Fund in lieu of flowers.  The Mike Justice Fund is a Not-For Profit 501(c)(3) charitable organization dedicated to supporting ALS research as well as scholarships for well-qualified Environmental Science and Environmental Engineering students.

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 If you have an item for SCCAtterings, contact Bill Davis by email at williamedavis@cox.net or call 323-336-1242.