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The California Air Resources Board ("ARB") recently
commenced development of a new regulation targeting emissions from
"off-road" agricultural equipment, such as tractors and
combines. The "In-Use Self-Propelled Off-Road Mobile
Agricultural Equipment Regulation" is intended to help the
State attain federal air quality standards. ARB officials claim the
rule is a necessary tool in employing the upcoming ozone and
particulate matter state implementation plans ("SIPs"),
initiated in 2007.
The goal of the Mobile Agricultural Regulation is to encourage
companies to accelerate fleet turnover and purchase equipment with
engines meeting cleaner standards for oxides of nitrogen
("NOx") and particulate matter ("PM").
According to ARB, NOx emissions from a single "Tier 0"
engine (i.e. a "dirty" engine) used in most off-road
agricultural equipment are equivalent to the emissions from
thirty-one "Tier 4" engines, the cleanest engines under
the proposed new regulation. Moreover, it takes thirty-six Tier 4
engines to generate the amount of PM emitted by a single Tier 0
engine. ARB staff has indicated that the rule would target diesel
engines used in farming tractors, cotton-pickers, harvesters,
combines, forklifts and other off-road equipment. ARB envisions the
proposed regulation would be similar to ARB's existing off-road
rule for construction equipment (more information here).
II. Development Process
This month, ARB launched a series of public workshops. Starting
in Fresno on September 6th and Sacramento on September 18th, ARB
held forums and gave presentations which disclosed concepts for the
development of the Mobile Agricultural Regulation. According to the
presentation given at these workshops, ARB is working with
representatives from the agricultural industry on developing an
emissions inventory for this sector in order to gain a thorough
understanding of the equipment, its usage and its actual emissions.
The presentation also demonstrated ARB's efforts in obtaining
complete, well-documented financial information to help supplement
an economic analysis to be used in formulating the regulation. ARB
states that it still needs "farm-level" economic data in
addition to the "industry-level" data it has already
obtained for its economic assessment.
The presentation used in Fresno and Sacramento can be viewed here. The September/October 2012 workshop
schedule can be viewed here.
The workshops thus far have been attended by many farmers, who
have indicated that ARB should bring engine manufacturers into the
process. Farmers argued this inclusion is necessary because Tier 4
engines for farming equipment are not going to be available any
time soon and PM filters may not be feasible in certain farming
applications. It has yet to be determined whether the Mobile
Agricultural Regulation will implement this suggestion.
ARB staff will continue to corroborate survey data with other
data sources and is currently planning on holding stakeholder
working group meetings throughout 2012 and 2013, which will be
followed by an additional public workshop. This workshop will focus
on additional public input on further updates to the emissions
inventory, a summary of the economic analysis, and a preliminary
draft proposal for regulatory strategy development. A follow-up
workshop will be held in the spring of 2013 (date to be determined)
for public input on the draft proposals for the regulatory strategy
development. ARB expects to have a final draft regulation developed
by October 2013. An ARB Board hearing is tentatively scheduled in
the winter of 2013 for consideration of the proposed regulatory
strategy.
III. Supporters
For many years, ARB supporters and air quality activists have
pushed ARB to adopt a rule in a concentrated effort to reduce
smog-forming emissions in the San Joaquin Valley, California's
premier farming community, which suffers from some of the
nation's worst air quality. At this point, it is unclear
whether the San Joaquin Valley Air District will lobby ARB for a
stringent rule, as the measure is likely to be politically
controversial in the agricultural-dependent District.
IV. Opposition
This Mobile Agricultural Regulation is anticipated to generate
contentious debate, with significant pushback from the agricultural
industry over compliance costs. As the language and standards of
the regulation have yet to be drafted, many potential opponents,
such as the California Farm Bureau Federation, believe it is too
early to comment but will continue to closely monitor the
regulation's development.
Please check back for future articles, as we track this
regulation through the development and implementation process.
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