Comment Log Display

March 20, 2007


Dr. Robert Sawyer, Chairman
California Air Resources Board
1001 "I" Street
Sacramento, CA  95812 

Re: Changes to the portable engine registration program

Dear Dr. Sawyer:

The Southern California Contractors Association (SCCA) represents
the interests of union-signatory heavy construction contractors in
the 12 southern-most counties in our state. We have been actively
involved in air quality issues on behalf of our members throughout
our 34-year history and are a founding member of the Construction
Industry Air Quality Coalition (CIAQC).

Among our concerns is the current state of the portable engine
regulations. While most of our members have complied with the
portable engine registration program (PERP) requirements, we have
new companies who joined our association specifically to get our
assistance in dealing with your regulations.

To that end, we are requesting three specific changes to the
proposed amendments to the regulations:

1. Reopen the PERP to allow registration of equipment with Tier 0
engines. This category of equipment makes up the majority share of
portable equipment in our region and the state. While your agency
has enrolled some 25,000 engines in the PERP, this represents less
than 15 percent of the total universe of this equipment class.  

2. End the resident engine requirements established in December
2006.   This was an ill-conceived notion when introduced. One of
the goals of the portable regulations is the elimination of Tier 0
engines by December 31, 2009. This goal will go unrealized unless
contractors can bring used certified engines into the state.

3. Lower the punitive fees for registering older equipment. 
Our reading of the legislative intent of this program gives you
authority to establish fees for the operation of the program, but
there is no authorization for punitive financial acts.  If your
goal is voluntary compliance with the regulations, these
outrageous fees will inhibit otherwise willing participants from
enrolling in the PERP.  

SCCA is a willing participant in the effort to clean California’s
air, but we recognize that our contractors are not responsible for
the engines that power their equipment—that honor goes to the
federal Environmental Protection Agency and the equipment
manufacturers.  The current state of the portable regulations is a
clear-cut case of punishing the innocent.  
We ask that the Board enact the changes we have requested.

Respectfully Submitted


D. Cash Benton
Executive Vice President, SCCA