Comment Log Display

I support the changes to remove the dollar threshold from the
definition of a small business; the removal of the VDECS
requirement for SOON funded projects and the proposal to make the
SOON program voluntary for 2008. 
Despite this, there are numerous implementation problems with the
SOON program as it is written and it needs to be changed because
applying the Carl Moyer incentive funding requirements to a
mandatory program make it completely unworkable. Specifically: 
SOON is not voluntary. Making the program voluntary for 2008 was
the proper step to resolve the many issues that have arisen with
the SOON program.  We would recommend that it be made voluntary
until 2012.   
SOON is too restrictive.  Unfortunately, the requirements proposed
by the air districts that re-powers must be done from Tier 0 to
Tier 3 engines, significantly reduces the pool of eligible
equipment. We would recommend that the SOON program be replaced
with a replacement or scrappage program aimed at just the five
specific pieces of equipment that can meet the re-power
requirements.    
SOON applies to equipment that cannot qualify for the Moyer
program.  Many contractors will be in the SOON program by reason
of their 20,000 horsepower fleet and 40% Tier 0 and Tier 1
machines, but that does not mean that they will own equipment that
can be re-powered under the Moyer requirements. 
SOON should not be open to all air districts.  SOON was intended
to assist the two air districts in California that need to meet
the 2014 deadline to achieve compliance with the Federal PM2.5
standard.  Both of those districts are approaching the program
differently and it will result in confusing and conflicting
requirements for contractors who operate in multiple districts.
Adding other districts to the regulation will only compound the
confusion. 
SOON is too costly for contractors.  Most contractors will
struggle to meet the CARB base rule compliance and will probably
have to reduce the size of their fleets in order to meet the fleet
averages because they will not be able to afford the turnover and
retrofit requirements. This will reduce the capacity of those
firms and the size of the jobs they will be able to bid in the
future. The economic circumstances for the industry have only
grown worse since 2007 and are not expected to improve before the
middle of 2009 or later. 
SOON puts an unfair economic hardship on contractors.  Due to the
Moyer contract requirements proposed for the SOON program,
contractors can expect to lose equity in the SOON funded equipment
which will reduce their ability to borrow and bond for their
company needs to work outside the air district as opportunities
arise in other parts of the state.  
The construction industry is subject to multiple rules for which
cumulative impact analysis has not been conducted.  Most
contractors is California own portable, off-road and on-road
equipment in order to properly service their construction
contracts.  

CARB needs to devise a way to provide flexibility in meeting
emission reductions from the entire company fleet, not just
dictate a series of fleet averages based on equipment type.

Remember, if you are the owner of a large fleet of more than
20,000hp, you will have to meet even higher requirements under
this rule - make sure CARB hears directly from you.