Tier Regulations Affecting Your Business in the Coming Years
Orlando, FL February 15, 2011
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Topics to be Covered Today Summary of Off-Road Engine Tiers Why
You Should Care What California Does Update on the California
Off-Road Diesel Rule Tier 4 & the California Off-Road Diesel
Rule Other State/Local Rules & Projects Emphasizing Tier 4
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Tier Regulations Affecting Your Business in the Coming Years
Summary of Off-Road Engine Tiers
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Exhaust After Treatment Required Exhaust After Treatment
Required EPA Non-Road Emission Regulations
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Engine Tiers
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In-Use Off-Road Diesel Regulation Why You Should Care What
California Does
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Lead Time Requirement for Californias Off-Road Rule to Take
Effect in Other States California Adopts Rule California Requests
Federal Preemption Waiver States Must go Through their Rule
Adoption Process The Rule Must be Identical to Californias The
States Rule Must Provide a Minimum Two-Year Lead Time After
Adoption Note: States do not need to wait for the California Rule
to receive a federal preemption waiver before adopting their own
Rule. EPA and the courts have consistently taken the position that
a non-California state may adopt California standards that have not
received a preemption waiver but that the state cannot enforce the
rules until the California preemption waiver is granted
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Current Non-Attainment Areas
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Counties Designated Non-Attainment or Maintenance
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2011+ Non-Attainment Projection
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Where Each State Currently Stands
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States Expressing an Interest in Adopting Californias Off-Road
Rule - Connecticut - Delaware - Georgia - Illinois - Indiana -
Kentucky - Maryland - Michigan - Missouri - New Jersey - New York -
North Carolina - Ohio - Pennsylvania - Tennessee - Virginia -
District of Columbia
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Update on the California Off-Road Diesel Rule Tier Regulations
Affecting Your Business in the Coming Years
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CARB Off-Road Rule Background First-of-Kind Rule Designed to
Reduce Oxides of Nitrogen (NO X ) and Particulate Matter (PM) from
Self-Propelled, In-Use, Off-Road Equipment Adopted by the
California Air Resources Board (CARB) July 26, 2007 Approved by the
California Office of Administrative Law (OAL) May 16, 2008 Became
Effective June 15, 2008 Amended December, 2008 Second Amendment
January, 2009 Third Amendment July, 2009 Fourth Amendment December,
2010
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Rule Applicability Commercial Off-Road Diesel Vehicles 25
Horsepower and Greater Includes Construction, Mining, Industrial,
Airport Ground Support Equipment Loaders Dozers Scrapers Bobcats
Rough Terrain, All Terrain and Two Engine Cranes Out-of-State
Equipment that May Operate in California Must Also be Registered
New fleets entering California for the first time must meet the
next Large Fleet average targets at the moment they initially enter
the state.
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Tier Progression Over Life of Regulation Long-Term Compliance
with Fleet Average Targets Depends Largely on Tier 4: NOx
Requirements
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Off-Road Rule History Rulemaking Began in November, 2004 PM -
Only Rule NO X Added to the Proposed Rule in 2006 Rule Adopted July
26, 2007 Rule Approved by California Office of Administrative Law
(OAL) May 16, 2008 Rule Became Effective June 15, 2008
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Bring on the Amendments! Rule Has Already Been Amended Four
Times December 2008 Amendment Add Both Engines in 2-Engine Cranes
to Off-Road Fleet Previously Subject to Separate Regulations
Clarifying Language January, 2009 Amendment Extend Double Credit
Deadline for Installing Verified Diesel Emission Control Strategy
(VDECS) Retrofits Additional Clarifying Language
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Bring on the Amendments! July, 2009 Amendment Implement AB 8 2X
Economic Relief Reduced Activity Credit Early Vehicle Retirement
Credit Reduce Turnover & Retrofit Requirements December, 2010
Amendment Delay Most Rule Requirements Until 2014 Compliance
actions required during calendar year 2013 Eliminate All PM
Emission Requirements of the Rule Now a NO X Only Rule (Tighter
Requirements 2017-2022) If You Complied in 2010 You Get a Free Pass
When the Rule Delay Ends (2014) Increase Low-Use Threshold from 100
to 200 Hours Per Year
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Bring on the Amendments! New Micro-Fleets Category 500
Horsepower or Less Compliance Based on a Tier 2 Phase-in
Schedule
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Why All The Backsliding? CARB Didnt Get the Inventory Right
Unrelenting Pressure from Construction Industry Estimated 195,872
Pieces of Equipment for 2009 132,000 Registered in 2009 Fleet is
Younger than Anticipated Fuel Consumption Significantly
Over-Estimated Estimate was 1 Billion Gallons Per Year% Actual Fuel
Consumption ~ 200 Million Gallons Per Year Load Factor Estimates
Too High Reduced by 33% The Bottom Line Emissions are Only 20% of
the Original Estimates
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Announced During a Conference Call on October 7, 2010 Adopted
with December, 2010 Amendments Negotiations Between AGC America,
CIAQC and CARB to Avoid Litigation Major Changes Announced Delay
First Compliance Date to 2014 for Large Fleets 2017 for Medium
Fleets 2019 for Small Fleets Extend Regulation Life to 2023 for
Large & Medium Fleets 2028 for Small Fleets Maintain NO X Fleet
Average & Minimum Turnover Requirements Summary of Construction
Industry Agreement with CARB on Off-Road Regulation
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NO X BACT (Replace, Repower, Retire) 4.8% in 2014 8.0%
2015-2017 10.0% 2018 Until Fleet Averages are Achieved Remove All
PM Requirements Allow PM Retrofits (VDECS) to Offset NO X
Requirements Fleets that Met the Requirements in 2010 will be
Deemed in Compliance for 2014 Credits will be Retained for
Contractors that Took Early Actions Low Use Threshold Increased
from 100 to 200 Hours Per Year AGC will Drop Opposition to CARBs
Efforts to Receive a Waiver from US EPA to Regulate Off-Road
Engines Summary of Construction Industry Agreement with CARB on
Off-Road Regulation
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Off-Road Requirements Currently Being Enforced 5-Minute Idling
Restriction Initial Fleet Registration Equipment Identification
Numbers Sales Disclosure Requirements
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Regulatory & Project Reliance on Tier 4 Equipment Tier 4
& the California Off-Road Diesel Rule
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CARB Rule Reliance on Tier 4 Long-Term Compliance with Fleet
Average Targets Depends Largely on Tier 4: NOx Requirements
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CARB Rule Reliance on Tier 4 Rule Exemptions are also based on
Tier 4 NOx Exemptions (Vehicle Replacement/Repower/Retire) include:
Vehicles less than 10 years old Transition to Tier 4 began with
model year 2008 By 2022, only Tier 4 equipment will qualify for
this exemption Tier 4 Equipment (Interim & Final) is completely
exempt from future turnover requirements in the Rule
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Regulatory & Project Reliance on Tier 4 Equipment Other
State/Local Rules & Projects Emphasizing Tier 4
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Massachusetts DOT Massachusetts Revised Specifications for
non-road diesel equipment on MassDOT job sites as of September 2,
2009 Most current Tier applies to equipment greater than 50 hp If
not Tier 4, the equipment must retrofit with an EPA or CARB
verified device No grandfathering If the emissions from diesel
equipment comply with the most current EPA emission standards for
particulate matter in effect at the time, but are superseded by
newer Tier emission standards (i.e. Tier 3 emission standards
replaced by Tier 4 emission standards), then the superseded diesel
equipment will have to be retrofitted prior to the end of the
contract with emission control technology
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Virginia - Army Relocation of National Capitol Region
Facilities to Fort Belvoir, VA The following requirements were
included in the bid specification: All Contractor and
sub-contractor diesel powered non-road construction equipment with
engine horsepower (hp) ratings of 60 hp and aboveshall be
retrofitted with Emission Control Devices in order to reduce diesel
emissions. The Retrofit Emission Control Devices shall consist of
oxidation catalysts, or similar retrofit equipment control
technology that (1) is included on the Environmental Protection
Agency (EPA) Verified Retrofit Technology List and (2) is verified
by EPA or certified by the manufacturer to provide a minimum
emissions reduction of 20% PM 10, 40% CO, and 50% HC Tier 2, Tier 3
and Tier 4 Engines Exempt from this Requirement No contractor will
allow any diesel-fueled commercial motor vehicles or diesel
non-road construction equipment to idle for a period greater than 5
minutes
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Northeast Diesel Collaborative Model Contract Specification
Released in April, 2008 Guidance for hospitals, universities,
municipalities and transportation agencies Until December 31, 2012,
all diesel non-road construction equipment with engines 75 hp and
greater on site more than 10 total days must have either (1)
engines that meet EPA Tier 4 non-road emissions standards, or (2)
emission control technology verified by EPA or CARB for use with
non-road engines to reduce PM emissions by a minimum of 20%
Beginning January 1, 2013, all diesel non-road construction
equipment on site for more than 10 total days must have either (1)
engines meeting EPA Tier 4 non-road emission standards or (2)
emission control technology verified by EPA or CARB for use with
non-road engines to reduce PM emissions by a minimum of 85% for
engines 75 hp and greater and by a minimum of 20% for engines
between 25 and 75 hp
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New York City Local Law 77 Requires Best Available Technology
(BAT) for construction equipment 50 hp or greater operated by
agencies and contractors working within the city BAT is technically
feasible EPA or CARB verified devices, or Tier 4 engines Ultra low
sulfur diesel fuel (ULSD) is also required BAT needs to be
continuously updated to reflect introduction of new technology
Greater Tier 4 requirements as BAT over time
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Pennsylvania DOT Standard Special Provision for City of
Philadelphia Federal-Aid Municipal (FAM) Projects Released August
26, 2009 Implements Philadelphia Executive Order 1-07, which
requires the inclusion of clean diesel specifications in contracts
for public works projects Applies to projects estimated to be
$1,000,000 or more Applies to vehicles greater than 50 hp on the
project in excess of 7 working days (consecutive or
non-consecutive) Requires use of retrofits or vehicles meeting Tier
4 emissions requirements
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New Jersey Executive Order Pilot Plan for reducing diesel
emissions in publicly funded projects Four projects per year for
the next two years After two years expand to all projects valued at
greater than $5,000,000 Requires engines meeting Tier 4 non-road
emission standards or retrofit technology verified by EPA or
CARB
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Town of Becket, Massachusetts Hydraulic Excavators Bid
Specification Writing Guide The engine shall meet Interim Tier 4
emission requirements
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If you have any questions, please contact me: Mike Buckantz
Associates Environmental 16882 Bolsa Chica Street, Suite 202
Huntington Beach, CA 92649 Office: (714) 916-4953 x 701 Mobile:
(714) 625-7020 Fax: (714) 362-9085
[email protected] Thank You For Attending