STATE OF CALIFORNIA, PETE WILSON, Governor
RE: Decision on Variance Request to Mitigation Measure A-14**
Dear Mr. Shauers:
We have reviewed the above-referenced request, and our decision follows.
1. Denied for all pieces of diesel-powered construction equipment that were manufactured before 1996, and which do not have an existing IC engine warranty with the manufacturer. Therefore, in accordance with Mitigation Measure A-14**, PC1, PPSI shall provide certification (signed and dated) from a third-party certified mechanic for specified equipment stating that the timing of all diesel-powered construction equipment engines have been retarded two degrees Before Top Center. The identification number for each vehicle must be listed on the certification form, as well as on the outside (plain view) of each piece of construction equipment. Demonstration of certification shall be provided by August 8, 1997. Compliance with Mitigation Measure A-14** shall be verified by the CPUC/ANF Environmental Monitors.
2. Approved for any construction equipment that was manufactured after 1996, and which reflects the emission limitations defined by the California emission standards. Since the completion of the Draft and Final EIS for the Pacific Pipeline Project, the CARB and the U.S. Environmental Protection Agency (USEPA) have passed stricter emission limits (CCR Title 13 Section 2400 and CFR Title 40 Section 89.112) for Heavy Duty Off-Road Diesel Cycle Engines. These limits reduce the NOx emissions from heavy duty construction equipment to a level that is comparable with the emission reductions used in the emission factors listed in Table C.2-9 of the Final EIS (January, 1996). Therefore, any construction equipment that was manufactured after 1996, and which reflects the emission limitations defined by the California emission standards, shall be exempt from this measure of retarding the ignition timing.
With regard to the warranty issue, it was found to be unrealistic to make an owner of a piece of construction equipment to void an existing warranty as a result of the implementation of Mitigation Measure A-14**. Therefore, any piece of construction equipment that has an existing IC engine warranty with a manufacturer shall be exempt from the measure of retarding the ignition timing. The warranty documents for each piece of equipment for which an exemption is requested should be on file at ARB field offices and ready for inspection by Aspen monitors.
Sincerely,
