PLF Case Updates Sep 2012

Executive Director – CTN Magazine

Thursday, 13 September 2012 08:20

Our petition for hearing on CARB’s waiver application for non-road diesel engines was approved in part and denied in part. EPA agreed to hold a hearing on September 20, 2012, but it will be in Washington, D.C., not in Sacramento, as we had requested.

CCTA will be represented at the hearing by our attorney, Ted Hadzi-Antich, of Pacific Legal Foundation, as well as our own Joe Rajkovacz and our outside technical consultant Steve Milloy. They will provide testimony regarding the legal standard under which EPA must decide the CARB waiver application, the negative economic impacts of granting the application, and the lack of credible scientific evidence supporting the proposed CARB standard.

According to CCTA’s Joe Rajkovacz, “CARB continues to depend on flawed emissions inventory and usage methods from on-highway to non-highway diesel engines, including mobile sources to further their regulatory reach.”

For instance, CARB regulated all TRU units equally – years in service, ignoring the key metric – hours-of-service. Their rule treated all equipment as equal for emissions degradation and they NEVER performed comparison analysis (e.g. a unit that only had 400 hours of annual use versus a unit with 4,000+ hours of annual usage).

Joe noted, “The way CARB regulates, they threw everyone into the same bucket even though one piece of equipment at 7 years would have had only 2,800 total engine hours (not even broke in) versus another with 28,000 total engine hours (worn-out).”
We will report on the results of the hearing next month

Quotes of the Month:

“Running into debt isn’t so bad. It’s running into creditors that hurts.”

“Tis against some men’s’ principle to pay interest, and seems against others interest to pay the principle.”–

– Benjamin Franklin