CARB
The California Air Resources Board is the state agency that is tasked with writing, implementing, and enforcing the majority of the air quality regulations passed by the California legislature. When the Federal Clean Air Act was passed in 1970, the Congress recognized that California had the nation’s most challenging air quality issues. As a result, California was granted extraordinary authority to regulate sources of pollution within their state. However, California’s regulatory really goes beyond the borders of their state because the Clean Air Act allows other states to adopt California regulations once the federal Environmental Protection Agency has reviewed and approved them. That means that the regulations California has placed on in-use diesel equipment could come to your state sometime in the future. This page of the ARA web contains a comprehensive archive of California regulations that potentially affect rental businesses as well as ARA’s comments on several regulatory actions that have been taken in recent years.
CARB Update October 2010
Last week the California Air Resources Board released proposals to augment the regulations on off-road diesel equipment and on-road diesel trucks. ARA has worked very hard behind the scenes with the CARB staff to provide them with critical information about how the emissions from these two sets of vehicles are produced. Central to our analysis is the premise that you need to burn fuel to create emissions. Through the work of Dr. Mike Graboski, ARA was able to show that the amount of diesel fuel used in off-road equipment could not possibly generate the level of emissions contained in CARB’s emissions inventory. While others also played a significant role in pushing CARB to make changes in their rules, ARA’s contribution to this result is second to none. We will continue to work with CARB staff as the rules are finalized over the next few months. The following story provides the basic details of the regulatory changes as we know them today. Your membership in ARA and ARA of California, and your support of ARA’s efforts to represent equipment rental businesses in California is in the end what really made this effort possible.
ARA EFFORTS lead to new CARB proposals
A science-based analysis of peer reviewed literature and data provided by the American Rental Association (ARA) to the California Air Resources Board (CARB) earlier this year has resulted in draft proposals and language for new on-road and off-road emissions regulations that are expected to benefit the equipment rental industry as well as contractors and construction companies.
“ARA has been involved in this process with CARB from the beginning and throughout the last five and a half years. ARA has done more in terms of substance than any other trade association in working on these rules. All of our hard work and determination has resulted in getting regulations that are fair for ARA members,” says John McClelland, ARA’s vice president for government affairs.
McClelland says ARA focused on CARB’s model of how much fuel was used in off-road equipment to determine emissions. “Our analysis was that the fuel use figures they used were four times greater than what we could verify using independent data sets, including data from the U.S. Energy Information Agency. A lot of evidence suggested they were overestimating emissions from off-road equipment,” he says.
“We continued to work very diligently using data and scientific methods to show they were overestimating and the result has been that it appears that CARB staff members are now proposing a rule that eliminates the particulate matter requirements, which would have been the most difficult for rental companies to comply with,” he says.
“We also made it clear that using their compliance model and using the rental fleet data we had, that someone with the cleanest fleet could have been unable to comply with the rule as implemented and forced to needlessly eliminate certain pieces of equipment from a rental fleet before normal attrition. That means a company would have had to take virtually new equipment and eliminate it from use. The rule was overkill and we convinced them that it was overkill,” McClelland says.
“If these proposals become the new regulations, it will benefit ARA members because compliance will be easier and less costly in the near term,” he says.
CARB is currently holding a series of workshops through Oct. 12 to present its draft proposals and language for new on-road and off-road emissions regulations.
Other associations impacted by CARB regulations, including the Association of General Contractors, also have approved of the proposed changes.
A final draft is expected to be published in early November followed by a 45-day period for formal comments. CARB is scheduled to meet Dec. 16-17 and expected to then consider the revised regulations. ARA plans to submit formal comments as well as have representatives testify at the CARB meeting, including Michael Graboski, ARA’s consulting engineer who helped develop and present ARA’s science-based analysis that led to new proposals.
“These new proposals take into account the fact that CARB has made substantial adjustments in the form of reductions in its assessment of emissions inventory produced by trucks and construction equipment. They have recognized economic problems and the lack of economic activity as well as a major adjustment due to improper accounting, in which ARA had a major role getting corrected,” Graboski says.
He says the new version of the on-road truck rule exempts trucks with a gross vehicle weight of 26,000 lbs. or less from any emissions regulation, which benefits construction and general tool companies that rent trucks of those sizes as well as those that use trucks of that size for delivery, including party and event rental stores. The requirements for trucks that weigh more than 26,000 lbs. also have been considerably reduced and simplified.
“This is good news for the equipment rental industry because the exemption for rental trucks less than 26,000 lbs. simplifies that part of the business. Without any requirements to maintain the newest equipment to comply, there can be a significant cost savings. For trucks greater than 26,000 lbs., what rental store fleet owners are going to have to do to keep trucks current by the new regulation should not be a major hardship,” Graboski says.
For off-road equipment, Graboski says the rule has been delayed for at least two years and that some fleets may not have to report again until Jan. 1, 2014.
“The requirements are going to be relaxed compared to the previous requirements, but the full details aren’t available yet,” Graboski says. “What is published is that there will be no particulate matter (PM) control requirements anymore and averaging terms will only apply to nitrogen oxide (NOx) emissions.”
CARB has made copies of its proposals and additional information about the rulemaking available online at www.arb.ca.gov/msprog/ordiesel/meetings.htm.
“The off-road rule gives rental owners a delay in meeting regulations. That is going to reduce the requirements and give people a better opportunity to match their replacement requirements with capital budgets. This version will be much better for rental companies,” he says.
Regarding the new on-road rule, McClelland says a good number of ARA members now have “breathing room” as they move forward. “They will not have to do anything for five years and then they will need to start eliminating vehicles that are more than 20 years old. We think this is quite a step forward,” he says.
“For off-road, if the particulate matter requirement is eliminated, we believe rental companies operating business as usual will meet the NOx requirement because of the averaging provisions of the proposal, which ARA originally championed early in the process. Through the averaging program, rental companies should meet the requirements during the transition and into the future because rental companies continually turn over fleet and have an average fleet age of less than five years,” he says.
For more information, contact John McClelland, ARA Vice President of Government Affairs at 202-289-4460 or John.McClelland@ararental.org or Alysia Ryan Director State Government Affairs at 800-334-2177 ext. 271 or Alysia.Ryan@ararental.org.
California ARB Regulatory Update January 2010
There are a number of issues, updates, and points of information that you need to know about California Air Resources Board regulations for off-road diesel equipment, on-road trucks and portable equipment. The following is an update on each regulation for your information.
Off-road Equipment:
The first compliance date for large fleets is March 1, 2010.
Current information regarding the off-road rule can be found at the following Web page.
http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm
Over the past year, ARB and the ORIAG (industry implementation group) have developed and posted in-force regulatory requirements and a number of FAQs related to the regulation. You can view these at:
http://www.arb.ca.gov/msprog/ordiesel/knowcenter.htm
There was a revision to the rule that was approved in July that offers compliance credits for certain fleet actions. There is a Web link that describes these credits.
http://www.arb.ca.gov/msprog/ordiesel/faq/faq-early-credit.pdf
On-road Trucks:
The on-road truck rule was approved by the California Office of Administrative Law Dec. 9, 2009.
This regulation applies to 14,001 and heavier diesel GVWR vehicles that rental companies own or lease for either rental/leasing or servicing the business.
Synopsis of Rule http://www.arb.ca.gov/regact/2008/truckbus08/revfro.pdf
The regulation applies to all fleets of one or more diesel vehicles over 14,000 GVWR. There are special provisions for fleets of three or fewer vehicles. All other fleets are subject to the large fleet requirements. The rule controls NOX and particulate emissions.
There are three compliance options. These are BACT (best available control technology), percentage BACT and averaging. For large fleets, the first compliance date is Jan. 1, 2011. Requirements become more stringent each year and are detailed in tables in the regulation. You may choose different methods for compliance for each emission and you may change compliance methods annually. Reporting is required if the fleet is certified using percentage BACT, averaging or if any compliance exemption is claimed. Generally there is no initial report; however, if you claim a vehicle retirement credit, you must make an early report by March 31, 2010.
Vehicles operated only in certain counties are exempted from NOX requirements. Also, vehicles operated below certain mileage thresholds are NOX exempt.
Particulate BACT is defined as either a 2007 model truck engine equipped with an OEM particulate filter or a California approved diesel particulate filter removing at least 85% of the particulate matter (called a level 3 VDECS). NOX BACT is an emission rate equal to that produced by a 2010 certified diesel engine.
All three options for compliance require that all vehicles in the fleet satisfy PM BACT or its equivalent emission beginning in 2014. Low use vehicles, that is vehicles operated for less than 100 hours and 1,000 miles per year, are not required to be included in fleet compliance demonstration. An exemption can also be obtained if no level 3 VDECS has been certified to retrofit the fleet vehicle in question. You may also substitute hybrid gasoline vehicles or alternative fueled vehicles (such as LPG and natural gas) into your fleet and comply under averaging even if you have not added a PM VDECS to every vehicle beginning in 2014.
Generally the regulation requires actions beginning Jan. 1, 2011. There are early retirement credits available if you shrink your fleet. Presently, you would have to report regarding such credits by March 31, 2010.
At the board hearing held on Dec. 9, 2009, the California Air Resources Board (ARB) directed staff to propose amendments to the Truck and Bus Regulation that would provide additional flexibility for fleets adversely affected by the economy. The board asked staff to evaluate alternatives that would meet emission targets and to focus on smaller businesses. The Board also asked staff to consider changing the March 31, 2010, reporting date to provide more time for fleets to submit their vehicle information. Staff is now preparing its analysis and will be drafting suggested amendments for review. Staff plans to hold public workshops in early 2010 to obtain stakeholder input.
Portable Equipment Rule (PERP):
ARB has published proposed modifications to the Portable Equipment Rule that could impact small rental companies. The hearing will be held Jan. 28, 2010, in Sacramento. The notice of meeting and regulatory proposal can be found at:
http://www.arb.ca.gov/regact/2010/perp2010/perp2010.htm
ARB staff proposes to allow owners of small fleets to designate some of their currently registered engines to operate for one additional year beyond the current date.
- Owners with 25 or fewer total portable engines would be able to continue operating either one spark-ignition engine of any size or up to five engines not to exceed a combined total of 500 brake horsepower (bhp) until Dec. 31, 2010.
- Owners of 25 or fewer total portable engines would be able to choose either one diesel engine of any size or up to five diesel engines not to exceed a combined total of 500 bhp to operate until Dec. 31, 2010.
These engines would have to be currently registered in PERP or permitted by a local air district. Other modifications not generally affecting the rental industry have also been proposed.
Attention ARA of California Rental Companies
This is a reminder of the Aug. 1, 2009, deadline for all small fleets to report their off-road diesel vehicles to ARB.
If you have entered your fleet data in DOORS, but not selected "Request Review," you must do so prior to 11:59 p.m. on Aug. 1, 2009, to meet the deadline. Large or medium fleets should have requested a review by April 1, 2009, and June 1, 2009, respectively, but if they have not, ARB staff encourages them to do so as soon as possible.
Requesting a review sends your information to ARB staff. They will review the data and, if there are no significant errors apparent, assign Equipment Identification Numbers to your fleet.
The option to request a review is on the second dropdown menu immediately after logging into DOORS. It is the very last option below "Enter fleet data online."
If you have questions, please e-mail doors@arb.ca.gov or call 877-59-DOORS.