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Regulators should “adopt a regulatory regime that will clean up existing [in-use] construction equipment,” according to a new report by the Union of Concerned Scientists (UCS). The report supports a draft California Air Resources Board (CARB) rule that would require construction equipment owners and operators to significantly cut engine emissions or buy new equipment.
AGC points out the many problems contractors would face if forced to assume the entire cost of modifying or replacing their fleet and highlights what AGC is doing to support voluntary diesel retrofit efforts and initiatives.
Emissions from construction equipment are harmful to our public health and economy, according to a new report by the Union of Concerned Scientists (UCS). The UCS report attempts to analyze and quantify the effects of construction pollution on the “well-being of California residents”; a first-of-its-kind study, according to UCS. It blames a “staggering” number of deaths and other illnesses, as well as work and school absences on air pollution from construction equipment used throughout the state – concluding that combined public health costs are $9.1 billion per year.
The health effects quantified in the report are based on peer-reviewed epidemiological studies used by both the EPA and CARB to evaluate the benefits of reducing air pollution, according to Don Anair, author of the report and a Clean Vehicles Engineer at the University of California-Berkeley. Anair believes “equipment owners need… to start investing in clean, affordable technology available today to reduce costly construction pollution.”
California’s Proposes Limits on Construction Equipment Emissions; Establishes National Model
Earlier this month, CARB proposed a new rule that would require owners and operators of older construction equipment with 25 horsepower and larger engines to retrofit, repower, or replace the equipment beginning in 2009. This rulemaking effort is aimed at reducing diesel particulate emissions in the state by 85 percent. CARB's proposal does not indicate the costs of complying with the emission standards.
Specifically, the proposed rules would establish annually declining fleet average emissions rate targets for particulate matter and nitrogen oxides. All fleets would be required to meet the targets for particulate matter (PM). Large- and medium-sized fleets would be required to meet the nitrogen oxides (NOx) target as well. The proposal also would establish a five-minute idling limit for the equipment beginning in 2008.
Public workshops on the plan will be held this month and the board is expected to vote on the plan next spring.
State air officials estimate that 70 percent of California’s construction equipment is currently not covered by federal and state regulations because it is too old. EPA adopted federal rule in 2004 that require cleaner-emitting engines in all new construction equipment, starting with model-year 2008 equipment. But those federal rules do not cover existing engines (i.e., in-use equipment) and will not be fully phased in until 2014. (Although EPA sets and enforces emission standards for new diesel engines, EPA lacks the statutory authority to retroactively strengthen the standards for existing, in-use engines.) Given the prevalence and longevity of older diesels in operation today, air officials point out that it will take many years before the bulk of the construction fleet meets the most stringent federal engine emissions standards.
California is the only state that has legal authority from U.S. Congress to enact construction engine exhaust standards that far surpass the emissions rules set by the federal government. Moreover, California is the only rulemaking body that has the power to retroactively regulate in-use construction equipment. All other states can opt-in to California’s more aggressive rules – but states must adopt, implement and enforce Calif.’s program identically and in its entirety. States struggling to meet EPA’s more stringent national ambient air quality standards (NAAQS) for particulates and ozone will likely look to adopt any California rule that becomes final.
AGC’s Response to Fleet Modification, Early Retirement Mandates
AGC works to educate policymakers and environmental advocates about the high cost of construction equipment, its 25-30 year useful life and the difficulty in obtaining pollution-reducing devices, all of which makes it burdensome for contractors to retrofit existing equipment or to purchase new equipment. And, under current law, it is legal to continue to operate this equipment “as is” until the end of its useful life. Still, many groups support fleet modification and early retirement mandates, as well as the use of contract specifications that ban contractors from bidding on public works projects unless their equipment meets stringent emissions standards.
 
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