EPA Rule Denial Brings Construction Industry Hope On CARB

Staff | September 28, 2010

Los Angeles, Calif.— The EPA's waiver denial in December that stopped enforcement of California's extreme emissions rules has caused the state's construction industry to question whether the equally stringent new CARB rules are enforceable without waivers from the EPA. In a written statement, the Southern California Contractors Association said:

"This decision reflects the opinion of SCCA, the Construction Industry Air Quality Coalition (CIAQC) and the vast majority of contractors: Climate change regulation cannot be accomplished through a crazy quilt patchwork of local and state regulations.

"As for how this affects the California Air Resources Board (CARB) and other regulators who pass rules that require EPA waivers, such as the portable equipment and off-road diesel rules, this decision brings into question the enforceability of such regulations until waivers are obtained ...

"We must make it clear to CARB that the waiver process is an important step in rulemaking and we need to ask CARB to be specific for each and every rule, which provisions are and are not enforceable without a waiver from EPA since waiver requests are specific to individual CARB rules.

"We are not opposed to doing our share to improve the environment; we merely ask that this process be clearly thought out and economically possible. The current web of regulations in California is already forcing construction companies and fleet owners out of business and this must stop."