California Construction Trucking Association (CCTA)

AGC of America (AGC) filed an Emergency Petition with California’s Air Resources Board (CARB) on January 11 seeking a two-year implementation delay of its off-road “diesel retrofit” rule. AGC cited the delay is needed in order to avoid unnecessary losses and layoffs within the state’s hard hit construction industry while CARB continues to review its diesel rules.

The petition cited new data that shows California’s off-road diesel equipment will be well below current emissions targets for years to come. “Contractors don’t need to retrofit, repower or replace a single piece of equipment to meet the state’s emissions targets for the next two years, and possibly even longer,” said Mike Kennedy, AGC’s General Counsel. “Construction workers shouldn’t have to lose their jobs because state officials want more time to review their own data.”

AGC decided to file the new petition after CARB failed to reconsider its off-road diesel rules during its early December meeting. CARB hopes to complete its preliminary review of the latest data soon. However, since the rules will go into effect prior to the completion of CARB’s review and the lack of action in December left AGC with no choice but to formally request an emergency amendment.

A new inventory of construction equipment conducted by state officials found the state’s off-road diesel equipment would emit far less particulate matter and nitrogen oxide than originally estimated. Because of the severe economic downturn and the proactive measures contractors have already taken to cut emissions, particulate matter and nitrogen oxide emissions will remain below target levels for years to come.

AGC originally petitioned CARB to amend the rule in December 2008. At CARB’s request, AGC voluntarily deferred action on that original petition pending further research by CARB staff.