CARB is Backing Down, Now the Fine Print

On February 11, CARB issued a news release which said that they were giving relief to the construction industry in the form of no enforcement of regulations due to take effect on the First of March. Two days later, an e-mail sent by CARB was a little different. The CARB action has nothing to do with giving relief, but in fact was taken because they have not received permission by the E.P.A to enforce the regulations. It might also be hard to tell just what "no enforcement action for noncompliance with the March 1, 2010, large fleet performance requirements of the off-road regulation" means, since in the very next paragraph is the statement "idling, reporting, labeling, and sales disclosure requirements in the regulation remain in effect and fully enforceable". On March 11, according to the notice, there will be a hearing to determine if the regulations should be modified. So far there are no details on the location of that hearing on the CARB website.

From: pparmer@arb.ca.gov <pparmer@arb.ca.gov>
Subject: ordiesel -- ARB Postpones Enforcement of Off-road Diesel Vehicle Regulation March 1, 2010 Deadline
To: post-ordiesel@listserv.arb.ca.gov
Date: Saturday, February 13, 2010, 12:58 AM

Until further notice, no enforcement action will be taken for noncompliance with the March 1, 2010, large fleet performance requirements of the off-road regulation.

Air Resources Board (ARB) Executive Officer James N. Goldstene issued a statement yesterday informing fleets that until further notice, ARB will take no enforcement action for noncompliance with the March 1, 2010, large fleet performance requirements of the off-road regulation. This is primarily due to the fact that ARB has not received authorization from U.S. EPA to enforce the emission related requirements of the regulation.

Please note that the idling, reporting, labeling, and sales disclosure requirements in the regulation remain in effect and fully enforceable. This means that large fleets still must comply with the April 1, 2010, reporting deadline (i.e., still must report their reduced activity and reduced horsepower to ARB). For more information regarding these requirements, please see the off-road knowledge center webpage at http://www.arb.ca.gov/msprog/ordiesel/knowcenter.htm

Also, in recognition of the continuing effects of the global recession, on March 11, 2010, in Sacramento, ARB will conduct a hearing where stakeholders may testify on whether the off-road regulation should be modified further, beyond the relief that the Board already enacted in July, 2009. At the hearing, ARB will gather more factual information on the impact of the recession on affected fleets to determine if further changes to the regulation are warranted.

ARB next week will also issue an enforcement advisory to clarify the current situation and next steps. Further information concerning the status of the off-road regulation is available in the following letter that ARB sent yesterday to the Associated General Contractors, available at http://www.arb.ca.gov/msprog/ordiesel/documents/goldstene21110.pdf