Demolition Convention: California Engine Laws Emit Concerns

As the State of California announces how it intends to enforce diesel engine emissions rules, operators of trucks and heavy equipment have become increasingly concerned about potential burdens and pitfalls.

James P. Halloran, a California Regulatory Affairs Manager with Caterpillar Inc., provided an overview to concerned attendees at the National Demolition Association’s Annual Convention, held at The Mirage Hotel and Casino in Las Vegas in late February.

Halloran remarked that operators of trucks and heavy equipment in California and other states have “a lot of reasons to be concerned about this,” as the state’s regulatory approach is imposing pending burdens in California that could then also be adopted by other states.

As it stands in California, the state’s Air Resources Board (ARB) has begun announcing how it intends to achieve reductions in Nitrous Oxide (NoX) and Particulate Matter (PM) emissions, and much of the burden will fall on owners of trucks and heavy equipment.

In the proposed ARB system, owners of California’s 180,000 off-road engines will soon have to provide information to the state as to how many engines they own and operate, what year they were manufactured and where on the emission tiers system those engines are rated.

That same report, compiled and supplied by company owners and managers, will also determine whether these equipment owners are obligated to retire old equipment and purchase new equipment to reach a lower emissions average. Owners of larger fleets (with a combined 5,000 hp or more of engine capacity) will begin supplying these reports by April of next year.

Each off-road vehicle will be required to display an ID number provided by the state, and will be required to display the number at all times.

Owners of on-highway truck fleets will face a similar reporting and mandatory upgrade system. As well, the regulations are intended to apply to off-road equipment brought across state lines to perform work, and even to trucks passing through California.

That last facet raises Interstate Commerce Clause objections in the mind of National Demolition Association executive director Michael Taylor, who told attendees that contractor Jeff Kroeker of Kroeker Inc., Fresno, Calif., began warning the association about the burdens of the proposed ARB regulations two years ago.

Taylor and Halloran both noted that lawsuits to contest the ARB system are likely, with Halloran noting that the Associated General Contractors (AGC) produced a detailed 78-page document contesting the system during the comment period.

A late February federal appeals court has ruled that similar California regulations aimed at vessels that dock at the state’s ports cannot be enforced without federal approval.

According to a Los Angeles Times report, the ruling from the U.S. 9th Circuit Court of Appeals in San Francisco means that the state must seek federal approval before imposing pollution limits on cargo ships, cruise ships and other marine vessels that visit California’s ports.

“The Clean Air Act allows California to set its own standards for various vehicles and engines if it receives waivers from the U.S. Environmental Protection Agency,” the Times reports. While the state contended that in this case it didn't need a waiver, the federal judges disagreed.

In the meantime, though, Halloran advised attendees based in California to “get familiar with your fleets,” to prepare for the initial inventory report of off-road equipment for the ARB. He suggested that off-road equipment dealers can be a good resource for some of the engine information they will need.