Diesel Equipment Regulations & the California Air Resources Board

Speculation about the future of California's dieselStationary Engines and Portable Equipment includes
regulations is rampant right now, with the furor overstationary engines such as those used in
a pseudo PhD, allegations regarding the inaccuracy ofemergency-standby generators, prime generators,
underlying data, debate on the economic effect onand agricultural irrigation pumps, construction
industries such as trucking, construction, andequipment, portable equipment, such as portable
agriculture, and the recent addition of Proposition 23generators and pumps, and transportation
on the November ballot, which, if passed, wouldrefrigeration units (TRUs).
suspend/delay implementation of the California AirAlthough regulations assigned per the above
Resources Board's regulations, created to addresscategories, implementation of regulations has been
EPA concerns of the federal government. Whilerolled out much more along industry lines, with
those of us in California watch the process, the restmunicipalities, marine industry and construction among
of the nation seems just as interested-Many otherthe first to be regulated. Also underway is
states, also out of compliance with the Federal Cleanimplementation for agriculture. While CARB has not
Air Act, are being forced to consider diesel emissionyet implemented regulation for agricultural equipment
rules as well.(mobile, stationary or portable), such regulation is
As an equipment appraiser, I have multiple andinevitable.
on-going opportunities to appraise diesel equipmentAs an interim measure CARB has developed a
and machinery. It's a rare appraisal, in fact, that doesphase-in period for effected equipment which
not include some variety of diesel-poweredgradually increases the requirements until 2023 when
equipment, and the current CARB (California Airalmost all engines manufactured prior to 2010 will be
Resources Board) Diesel Risk Reduction Plan includesillegal to operate in the state of California. During this
just about all of them. In the course of appraisingphase-in period, older engines can be retrofitted with
diesel equipment, I've come across lots of folks whoa PM filter (at an approximate cost of $15,000 per
are confused about what the regulations are, whatunit). In addition, operators with 3 or fewer diesel
the process of implementation is, and how dieselengines (a category that includes almost 50% of the
owners and operators are required to respond to theaffected diesel engines in California) are given an
regulations.additional grace period to report compliance.
Answers to these questions are critical because allOnce again, the status of agricultural equipment
California industries-from commercial trucking torelative to the 2023 date is unclear at this date. Does
agriculture and marine, including sales and operation ofthe 2023 compliance date for all engines also include
equipment such as off-road vehicles and stationaryagricultural equipment? It's interesting to note that
equipment-are encompassed by the RRP. EvenJohn Deere will introduce a tier-4 tractor engine this
operators with one diesel engine and sellers of suchfall.
assets (auctioneers and equipment dealers) willDue to the complex nature of these regulations and
eventually be affected. As a result, the value of allthe fact that they continue to evolve, it would not
diesel-powered equipment is likely to be materiallybe prudent to print a detailed summary of specific
influenced as it becomes obsolete and illegal toregulations here. For complete up-to-date details of
operate in the state.the regulations please go to the California
CARB regulations do not, however, mandate angovernment's diesel website or call (866) 6DIESEL
overnight shutdown of diesel engine use. Rather, the(634-3735).
regulations are intended to be implemented in a seriesFinancial Implications
of steps based on industry, as discussed later in thisOpinions of economic effect appear just as diverse
article. This means that currently, many industries areas the regulation itself. I interviewed many players in
not yet affected by these regulations, or are onlythe diesel engine marketplace and could not find a
partially affected; in fact, within all industries, dieselconsensus of opinion about the financial weight of
vehicles driven less than a certain number of miles athe regulations.
year are exempt from these regulations at this time.A representative at Ritchie Brother in Dunnigan, CA,
If regulations continue to be implemented as planned,claims that the auction company has seen no change
diesel owners and operators should plant to takein the price of diesel-powered equipment relative to
advantage of CARB allowances for phase-in plans.CARB regulation. They claim that they have
Phase-ins, based on a fleet-averaging rule, arecompared auction results with those outside of the
designed to be implemented from 2011 to 2014, withstate of CA and have not seen a material difference
grant funds available to off-set the cost ofin the sales prices of similar assets. One explanation
compliance. Businesses within each industry areoffered is that any pressure from CARB regulations
encouraged to develop their diesel emissions controlhas been offset by demand in Asia, India and other
(phase-in) strategy based on a spreadsheet availablepoints in the mid- and far-east. Others in the retail
from the CARB website. CARB-approved installersheavy truck industry concur with this claim.
can assist owners and operations with the dataSome industry organizations, on the other hand, feel
needed for completing a phase-in plan.quite confident that CARB regulations will have a
CARB RRP applies to all diesel equipment operating innegative financial influence on their industries.
the state of California regardless of its base ofThe Construction Industry Air Quality Coalition, for
operation. This includes, for instance, interstateinstance, estimates a 20% reduction in fleet size,
trucks, trains and marine equipment while they are inwhich would reduce the ability to perform
California.construction work. This would significantly reduce
Regulatory Backgroundasset values which would, in turn, significantly reduce
In 1998, when California failed to meet Nationalthe collateral available to support performance bonds.
Ambient Air Quality standards, the federalWithout performance bonds, a company's ability to
government threatened the state's share of federalcontinue construction would diminish dramatically.
highway funds. It was in response to that threat thatWhile not providing facts and figures, the Associated
the California Air Resources Board adopted theGeneral Contractors of America (states in
current Diesel Risk Reduction Plan (RRP) inunequivocal terms: "The rule was written in a manner
September 2000. RRP recommends many controlthat the industry needed to bear an enormous
measures to reduce risks associated with dieselfinancial burden while cleaner diesel equipment was
particulate matter (PM), designed to achieve a 75%being developed and built by the equipment
reduction in diesel particulate matter this year, withmanufacturers."
an 85% reduction by 2020, by regulating all dieselDriving toward a Cleaner California (a coalition of
engines in all industries.truck owners, farmers, construction contractors and
Industry Implicationsother business and community leaders) estimates
RRP addresses nearly every size and application ofthat these regulations could negatively affect
diesel-powered equipment operated in the state in(reduce) the more than 1.5 million trucks and buses in
order to reduce oxides of nitrogen (NOx) and dieseluse on roads, highways and farms.
PM. CARB's regulations impose aggressive NOx andWorking with CARB RRP
PM emissions reduction targets to any person orAs the drama around CARB regulations continues to
entity that sells, leases, owns, purchases, or operatesunfold, owners and operators of diesel equipment
any diesel-powered equipment over 25 horsepower.often find themselves confused about the influence
The diesel emission regulations issued by CARB areof these regulations on the value and use of their
as vast and varied as the many different ways thatequipment. If you have questions about how to
diesel engines are used. Consequently, CARBaddress these diesel regulations, I'd suggest you
regulations, while created to regulate types ofcontact a CARB-approved installer. An approved
equipment, have been primarily implemented byinstaller can tell you what exact retro-fit requirements
equipment use, or industry, which of course includesare needed for your specific equipment in your
the various types of equipment.industry as well as the deadline for installation and the
CARB categorizes equipment type by "mobilecost. In addition, they can be extremely helpful in
vehicles and equipment" and "stationary engines anddeveloping a diesel emissions control (phase-in)
portable equipment."strategy. CARB provides a list of these businesses
Mobile Vehicles and Equipment includes off-road:and individuals.
cargo handling equipment in ports and rail-yards,And if you need a diesel equipment appraisal, be sure
locomotives, construction equipment; on-road:to find a qualified equipment appraiser who has some
heavy-duty trucks, busses for public transit, schoolsknowledge and understanding of how the uncertain
and shuttles; and marine: commercial harbor craft,climate of CARB RRP is influencing diesel equipment
recreational craft, commercial marine vessels.values.