Comment Log Display

Darryl Mueller Construction Inc.
3290 Dyer Rd.
Livermore, CA 94551


California Air Resource Board
PO Box 2815
Sacramento, CA 95812

July 11,2007

First let me say I have had asthma all my life or 62 years. In the
past 10 years I have had only minor asthma. I don't think a lot of
the claims can be proven that diesel fumes cause asthma. I had
asthma before I was around diesel fumes, and now I am around
diesel all day long and my asthma is improved. Most of asthma is
allergy related. This is treated with antigens and bronco
inhalers. 

There are some common sense measures that could have already been
in place to reduce breathing diesel exhaust. Buses have caused
this problem for years. Vehicles and equipment with horizontal low
exhaust pipes need to be changed so fumes are not blown out at
ground level and into people’s faces. This is just common sense,
but not all equipment and vehicles have vertical exhaust pipes.
Vertical exhaust pipes could provide a very cost effective way to
keep people from breathing fumes.

In the past CARB took the diesel industry down a very rough road
with low sulfur fuels that damaged most of the fuel systems and
caused leaks and break downs and lot of expense. The fact is the
fuel should have been tested and problems corrected before use.
We have been forced to use low sulfur and ultra low sulfur fuel
all at the cost of performance and more fuel usage. The fact is
the power has been taken out of the fuel. We are paying more for
fuel and getting less in return. To set goals that that are
unattainable does not work, does not solve a problem that does not
exist. Now we are told to scrap or sell our fleets. Well-
maintained equipment that has been properly cared for should
provide income back to the owner like it was intended when it was
purchased. Our businesses run on sound financial principles. Your
proposed regulation is not founded on sound financial principles.

You cannot rewrite how we run our business unless you provide a
way for us to do it. For me to replace a four hundred thousand
dollar piece of equipment that I may use 400 hours a year cannot
be justified unless you pay me to do it. The money has to come
from somewhere to replace the equipment in your proposal. We have
good years and we try to save when there are bad years. That is
just good sense. We cannot go and buy equipment without being able
to pay for it. If we do, we go out of business.

I have been taking very good care of my diesel off-road equipment
for over 40 years. Under the proposed regulation I would have to
liquidate and go out of business because it cannot be retrofitted.
Also, all of the 15 owner-operators that work with me cannot comply
with the proposal. The technology does not exist. It does not seem
reasonable to OUTLAW THE USE and force well-maintained, good
productive equipment into retirement to be sold out of state. This
is a plan that must have been conceived by people that have no
economic insight. It only seems logical that as the equipment ages
it will be replaced, or will be operated very few hours a year.
Contractors must have spare machines that can go into service. If
not, work won't get done and contractors face liquidated damages.


I cannot afford new equipment. I buy used equipment 5 to 10 years
old this is all I can afford to purchase. How many years will I
have to wait for used equipment to meet the standards that new
equipment can meet?  Where will affordable and viable equipment
going to come from? You need to answer this before any new
standards are even considered.

"We have to be able to allow good operating equipment to remain in
service until it can be replaced. If you do not allow equipment to
be replaced through attrition, you will ruin the majority of
contractors, which are small family owned business." 

I will be praying that CARB will think about the economic impacts.
 We bought equipment as an investment. We have worked hard to
preserve that investment through proper care and maintenance. We
have done our part; don't change your mind after I have made the
investment, taken care of the investment and have been a good
steward.

Please don’t wreck the heavy construction industry in California.

Sincerely Yours,
Darryl Mueller President