Comment Log Display

California Air Resources Board
1001 "I" Street
Sacramento, CA 95814

Dear Board Members:

While we all want to do our part in reducing air pollutants, the
PERP regulation disproportionately impacts the construction
industry's contribution to better air quality (much like your
pending regulation on off-road diesel equipment). Specifically,
not allowing the registration of Tier 0 portable engines in the
PERP places significant financial impacts on users to replace
their Tier 0 engines, or face significant penalties and fines.

The natural attrition for these older engines being replaced with
newer, cleaner engines will already improve air quality in the
coming years. Forcing the "replacement or penalty" provisions of
the PERP rule on Tier 0 engines will only create evaders who
simply cannot afford to replace their engines and remain
competitive in an industry which operates on tight profit margins
(a concept those drafting the off-road diesel engine rule should
familiarize themselves with).

The ARB seems to think that the construction industry is
responsible and can afford to bear the cost to replace all their
older equipment. Both are not true. Additionally, the PERP
regulation impacts small and minority owned companies that operate
on even slimmer profit margins. Those that you refer to as
"scofflaw's" are simply trying to stay in business, or have
difficulty in navigating this complex and combursome regulation.
EUCA members have voiced to me that they have tried to register
eligible equipment in the PERP, but have had application after
revised application returned.

As we look forward to the coming years of our industry following
the intent of the Governor to rebuild California's aging
infrastructure, we must consider the impacts of these rules on the
workforce and companies who will be expected to perform the work
that the public is overwhelming supportive of. Companies currently
operating in California will be forced to spend extraordinary
amounts of capital to meet the requirements of the CARB, or become
"scofflaws". Larger companies performing work in multiple states
may simply choose to bid elsewhere, thus reducing the competition
and increasing project costs to our state, reducing the amount of
projects that can be built with the available funds.

I strongly suggest that the Board again carefully consider the
broad impacts of the PERP regulation on the construction industry.
As a member of CIAQC, the members of EUCA also urge you to adopt
CIAQC's recommendations and continue to work with this group
towards regulations that will result in economically balanced
clean air regulations.

Sincerely,

Tara Haas
Director of Government Relations
Engineering & Utility Contractors Association