Tier Regulations Affecting Your Business in the Coming Years Orlando, FL February 15, 2011.

Tier Regulations Affecting Your Business in the Coming Years Orlando, FL February 15, 2011

Topics to be Covered Today Summary of Off-Road Engine Tiers Why You Should Care What California Does Update on the California Off-Road Diesel Rule Tier 4 & the California Off-Road Diesel Rule Other State/Local Rules & Projects Emphasizing Tier 4

Tier Regulations Affecting Your Business in the Coming Years Summary of Off-Road Engine Tiers

Exhaust After Treatment Required Exhaust After Treatment Required EPA Non-Road Emission Regulations

Engine Tiers

In-Use Off-Road Diesel Regulation Why You Should Care What California Does

Lead Time Requirement for Californias Off-Road Rule to Take Effect in Other States California Adopts Rule California Requests Federal Preemption Waiver States Must go Through their Rule Adoption Process The Rule Must be Identical to Californias The States Rule Must Provide a Minimum Two-Year Lead Time After Adoption Note: States do not need to wait for the California Rule to receive a federal preemption waiver before adopting their own Rule. EPA and the courts have consistently taken the position that a non-California state may adopt California standards that have not received a preemption waiver but that the state cannot enforce the rules until the California preemption waiver is granted

Current Non-Attainment Areas

Counties Designated Non-Attainment or Maintenance

2011+ Non-Attainment Projection

Where Each State Currently Stands

States Expressing an Interest in Adopting Californias Off-Road Rule - Connecticut - Delaware - Georgia - Illinois - Indiana - Kentucky - Maryland - Michigan - Missouri - New Jersey - New York - North Carolina - Ohio - Pennsylvania - Tennessee - Virginia - District of Columbia

Update on the California Off-Road Diesel Rule Tier Regulations Affecting Your Business in the Coming Years

CARB Off-Road Rule Background First-of-Kind Rule Designed to Reduce Oxides of Nitrogen (NO X ) and Particulate Matter (PM) from Self-Propelled, In-Use, Off-Road Equipment Adopted by the California Air Resources Board (CARB) July 26, 2007 Approved by the California Office of Administrative Law (OAL) May 16, 2008 Became Effective June 15, 2008 Amended December, 2008 Second Amendment January, 2009 Third Amendment July, 2009 Fourth Amendment December, 2010

Rule Applicability Commercial Off-Road Diesel Vehicles 25 Horsepower and Greater Includes Construction, Mining, Industrial, Airport Ground Support Equipment Loaders Dozers Scrapers Bobcats Rough Terrain, All Terrain and Two Engine Cranes Out-of-State Equipment that May Operate in California Must Also be Registered New fleets entering California for the first time must meet the next Large Fleet average targets at the moment they initially enter the state.

Tier Progression Over Life of Regulation Long-Term Compliance with Fleet Average Targets Depends Largely on Tier 4: NOx Requirements

Off-Road Rule History Rulemaking Began in November, 2004 PM - Only Rule NO X Added to the Proposed Rule in 2006 Rule Adopted July 26, 2007 Rule Approved by California Office of Administrative Law (OAL) May 16, 2008 Rule Became Effective June 15, 2008

Bring on the Amendments! Rule Has Already Been Amended Four Times December 2008 Amendment Add Both Engines in 2-Engine Cranes to Off-Road Fleet Previously Subject to Separate Regulations Clarifying Language January, 2009 Amendment Extend Double Credit Deadline for Installing Verified Diesel Emission Control Strategy (VDECS) Retrofits Additional Clarifying Language

Bring on the Amendments! July, 2009 Amendment Implement AB 8 2X Economic Relief Reduced Activity Credit Early Vehicle Retirement Credit Reduce Turnover & Retrofit Requirements December, 2010 Amendment Delay Most Rule Requirements Until 2014 Compliance actions required during calendar year 2013 Eliminate All PM Emission Requirements of the Rule Now a NO X Only Rule (Tighter Requirements 2017-2022) If You Complied in 2010 You Get a Free Pass When the Rule Delay Ends (2014) Increase Low-Use Threshold from 100 to 200 Hours Per Year

Bring on the Amendments! New Micro-Fleets Category 500 Horsepower or Less Compliance Based on a Tier 2 Phase-in Schedule

Why All The Backsliding? CARB Didnt Get the Inventory Right Unrelenting Pressure from Construction Industry Estimated 195,872 Pieces of Equipment for 2009 132,000 Registered in 2009 Fleet is Younger than Anticipated Fuel Consumption Significantly Over-Estimated Estimate was 1 Billion Gallons Per Year% Actual Fuel Consumption ~ 200 Million Gallons Per Year Load Factor Estimates Too High Reduced by 33% The Bottom Line Emissions are Only 20% of the Original Estimates

Announced During a Conference Call on October 7, 2010 Adopted with December, 2010 Amendments Negotiations Between AGC America, CIAQC and CARB to Avoid Litigation Major Changes Announced Delay First Compliance Date to 2014 for Large Fleets 2017 for Medium Fleets 2019 for Small Fleets Extend Regulation Life to 2023 for Large & Medium Fleets 2028 for Small Fleets Maintain NO X Fleet Average & Minimum Turnover Requirements Summary of Construction Industry Agreement with CARB on Off-Road Regulation

NO X BACT (Replace, Repower, Retire) 4.8% in 2014 8.0% 2015-2017 10.0% 2018 Until Fleet Averages are Achieved Remove All PM Requirements Allow PM Retrofits (VDECS) to Offset NO X Requirements Fleets that Met the Requirements in 2010 will be Deemed in Compliance for 2014 Credits will be Retained for Contractors that Took Early Actions Low Use Threshold Increased from 100 to 200 Hours Per Year AGC will Drop Opposition to CARBs Efforts to Receive a Waiver from US EPA to Regulate Off-Road Engines Summary of Construction Industry Agreement with CARB on Off-Road Regulation

Off-Road Requirements Currently Being Enforced 5-Minute Idling Restriction Initial Fleet Registration Equipment Identification Numbers Sales Disclosure Requirements

Regulatory & Project Reliance on Tier 4 Equipment Tier 4 & the California Off-Road Diesel Rule

CARB Rule Reliance on Tier 4 Long-Term Compliance with Fleet Average Targets Depends Largely on Tier 4: NOx Requirements

CARB Rule Reliance on Tier 4 Rule Exemptions are also based on Tier 4 NOx Exemptions (Vehicle Replacement/Repower/Retire) include: Vehicles less than 10 years old Transition to Tier 4 began with model year 2008 By 2022, only Tier 4 equipment will qualify for this exemption Tier 4 Equipment (Interim & Final) is completely exempt from future turnover requirements in the Rule

Regulatory & Project Reliance on Tier 4 Equipment Other State/Local Rules & Projects Emphasizing Tier 4

Massachusetts DOT Massachusetts Revised Specifications for non-road diesel equipment on MassDOT job sites as of September 2, 2009 Most current Tier applies to equipment greater than 50 hp If not Tier 4, the equipment must retrofit with an EPA or CARB verified device No grandfathering If the emissions from diesel equipment comply with the most current EPA emission standards for particulate matter in effect at the time, but are superseded by newer Tier emission standards (i.e. Tier 3 emission standards replaced by Tier 4 emission standards), then the superseded diesel equipment will have to be retrofitted prior to the end of the contract with emission control technology

Virginia - Army Relocation of National Capitol Region Facilities to Fort Belvoir, VA The following requirements were included in the bid specification: All Contractor and sub-contractor diesel powered non-road construction equipment with engine horsepower (hp) ratings of 60 hp and aboveshall be retrofitted with Emission Control Devices in order to reduce diesel emissions. The Retrofit Emission Control Devices shall consist of oxidation catalysts, or similar retrofit equipment control technology that (1) is included on the Environmental Protection Agency (EPA) Verified Retrofit Technology List and (2) is verified by EPA or certified by the manufacturer to provide a minimum emissions reduction of 20% PM 10, 40% CO, and 50% HC Tier 2, Tier 3 and Tier 4 Engines Exempt from this Requirement No contractor will allow any diesel-fueled commercial motor vehicles or diesel non-road construction equipment to idle for a period greater than 5 minutes

Northeast Diesel Collaborative Model Contract Specification Released in April, 2008 Guidance for hospitals, universities, municipalities and transportation agencies Until December 31, 2012, all diesel non-road construction equipment with engines 75 hp and greater on site more than 10 total days must have either (1) engines that meet EPA Tier 4 non-road emissions standards, or (2) emission control technology verified by EPA or CARB for use with non-road engines to reduce PM emissions by a minimum of 20% Beginning January 1, 2013, all diesel non-road construction equipment on site for more than 10 total days must have either (1) engines meeting EPA Tier 4 non-road emission standards or (2) emission control technology verified by EPA or CARB for use with non-road engines to reduce PM emissions by a minimum of 85% for engines 75 hp and greater and by a minimum of 20% for engines between 25 and 75 hp

New York City Local Law 77 Requires Best Available Technology (BAT) for construction equipment 50 hp or greater operated by agencies and contractors working within the city BAT is technically feasible EPA or CARB verified devices, or Tier 4 engines Ultra low sulfur diesel fuel (ULSD) is also required BAT needs to be continuously updated to reflect introduction of new technology Greater Tier 4 requirements as BAT over time

Pennsylvania DOT Standard Special Provision for City of Philadelphia Federal-Aid Municipal (FAM) Projects Released August 26, 2009 Implements Philadelphia Executive Order 1-07, which requires the inclusion of clean diesel specifications in contracts for public works projects Applies to projects estimated to be $1,000,000 or more Applies to vehicles greater than 50 hp on the project in excess of 7 working days (consecutive or non-consecutive) Requires use of retrofits or vehicles meeting Tier 4 emissions requirements

New Jersey Executive Order Pilot Plan for reducing diesel emissions in publicly funded projects Four projects per year for the next two years After two years expand to all projects valued at greater than $5,000,000 Requires engines meeting Tier 4 non-road emission standards or retrofit technology verified by EPA or CARB

Town of Becket, Massachusetts Hydraulic Excavators Bid Specification Writing Guide The engine shall meet Interim Tier 4 emission requirements

If you have any questions, please contact me: Mike Buckantz Associates Environmental 16882 Bolsa Chica Street, Suite 202 Huntington Beach, CA 92649 Office: (714) 916-4953 x 701 Mobile: (714) 625-7020 Fax: (714) 362-9085 [email protected] Thank You For Attending

Tier Regulations Affecting Your Business in the Coming Years Orlando, FL February 15, 2011.

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