Subject: [Fwd: Fw: CARB PERP Program amendments]
From: Kitty Howard <[email-masked]>
To: Lea Yamashita <[email-masked]>
Date: Wed, 29 Nov 2006 12:01:44 -0800

-------- Original Message --------
Subject: 	Fw: CARB PERP Program amendments
Date: 	Wed, 22 Nov 2006 15:32:10 -0800
From: 	Mike Lewis <[email-masked]>
To: 	[email-masked], [email-masked]

Mike and Kitty,
 
FYI
 
Mike Lewis
----- Original Message -----
*From:* Mike Lewis <mailto:[email-masked]>
*To:* [email-masked] <mailto:[email-masked]>
*Sent:* Wednesday, November 22, 2006 3:29 PM
*Subject:* CARB PERP Program amendments

Terry,
 
Thanks for you willingness to consider our proposal to allow Tier 0 
portable engines into the PERP program.
 
We agree with CARB that there are _at least_ 20,000 pieces of equipment 
that are still not in the program. (And CIAQC believes that 50% of those 
are probably tier 0).  We also believe that most of these are 
unregistered due to a complete lack of awareness about the availability 
and requirements of the program.  We don't think that most of these 
people are trying to avoid the program. Most of them are probably 
mom-and-pop operators who just don't know about it, and are not able to 
pay a substantial fee to get in, or for that matter, afford to replace 
their engines immediately with the latest tier.  That is the basis for 
our recommendation that the Tier 0's be allowed into the program and 
that they be given until 2010 to replace the engine.  
 
There has been clearly demonstrated success whenever the program has 
been reopened to allow equipment in.  In fact, almost 5000 pieces came 
into registration during the last abbreviated amnesty.  Based on that we 
believe more equipment can be brought into the program voluntarily, than 
will ever be found under the inspection/enforcement effort.  Lets face 
it, the program has been around for 10 years and most of the stuff 
remained unregistered.  And, since I believe our goal is to get all the 
equipment accounted for so it can be monitored, tracked and ultimately 
replaced, getting it in seems more important than keeping it out.
 
We recognize that in fairness to those who have complied with the 
program from the beginning, those coming in at this late date should 
have to pay a fee based on what they would have paid if they had joined 
the program when they were supposed to, with some penalty on top of 
that.  We think that should be based on the fee in place at the time, 
and not the rollback of the new fee that ARB recently adopted.  Our 
proposal would require the payment of back fees, including the annual 
inspection fee, even though the inspection never took place, and a 50% 
penalty.  That would make it affordable for those who are significantly 
in arrears, and not be so high as to cause these engines to go back into 
hiding.
 
We are very skeptical that these engines will be found any other way.  
And if we can't locate them, we'll never be able to get them out of 
service by the 2010 deadline.
 
I know that the ARB is sincere when they say that these engine owners 
can go to the local districts to get permits.  But I also know that most 
districts are not interested in dealing with hundreds of applications 
and the attendant paperwork and hassle (not to mention telling these 
owners that they can't keep their equipment). And it won't solve the 
problem of much of this equipment needing to move from District to 
District.  I don't think that option is realistic for the owners or the 
Districts.
 
If there is someone in particular that I need to talk to at CAPCOA in 
order to further explain our position or that of the affiliated 
industries, please let me know.  I think that you heard at the workshop, 
the Construction Industry, Crane Operators, Rental Association, Concrete 
Pumpers, Tree Trimmers and Equipment Manufacturers need some relief from 
the "no tier 0" provisions of the rule. 
 
A partial fix, tier 1 & 2 only won't address the CARB Board's request 
to fix the problem, and it won't stop a steady stream of owner operators 
who will be coming forth to the local boards to complain about their now 
illegal tier 0 machines.  
 
Thanks.
 
Mike Lewis, Senior Vice President
Construction Industry Air Quality Coalition
626-858-4611 o
951-206-4420 c