ALLIANCE FOR CALIFORNIA BUSINESS URGES TRUCK AND BUS OWNERS TO SEEK EXEMPTION FROM DIESEL PARTICULATE FILTER REQUIREMENT
The Alliance for California Business (“Alliance”) is calling for interested parties to request an exemption from the California Air Resources Board’s (“CARB”) requirement that certain trucks and buses be equipped with diesel particulate filter (“DPF”) devices before they can operate in California. The Alliance will provide a simple application form that interested parties may use to submit an exemption application to CARB. In 2013, the Alliance sued CARB over its DPF requirement on the grounds that, among other things, DPF devices are unsafe. CARB is attempting to stop the Alliance’s lawsuit in its tracks by arguing that the Alliance and its members have not gone through the proper procedural channels before initiating the lawsuit – namely, that they have not asked CARB to exempt them from its DPF requirement by using an exemption procedure buried within CARB’s regulations.
CARB continues to assert the validity of the argument, despite the following additional facts: (1) CARB has no actual “exemption” request form available online or elsewhere (only a temporary “extension” form); (2) when Alliance members have made inquiries to CARB about the possibility of an exemption, CARB’s representatives have either informed them that no exemption option exists or they have directed the person requesting the exemption to the extension form – something that is not perceptibly connected to the CARB regulations at all; and (3) the DPF safety exemption within the CARB regulatory scheme only applies to truck owners who have DPF retrofit devices. In other words, there would appear to be no exemption available for many affected persons or groups – all placed at risk by CARB’s requirement that trucks and buses install a DPF as a condition of operating on California roads and highways. For example, the exemption does not apply if: (a) you are a driver/operator or passenger on a truck or bus; (b) you are an organization trying to protect your members; (c) if you own or operate a truck with an OEM DPF; (d) if you own property near a roadway that is at risk of fires caused by sparks and deteriorating DPFs, the exemption does not apply; or (e) if you own or operate an off-road vehicle.
CARB has stated to the Glenn County Superior Court and in its regulations that it is committed to public safety; that these regulations are intended to save lives, not endanger them. It is time to put CARB’s commitment to safety to the test and to protect California citizens from these CARB-mandated, expensive, and unsafe DPF devices. The Alliance asks all interested parties to request that CARB exempt them from the DPF requirement, and the Alliance will provide interested parties with the required materials.
To invoke CARB’s exemption procedure, see the attached documents below. The application comes with instructions, as well as a pre- written letter requesting an exemption from the DPF requirement on safety grounds, pursuant to California Code of Regulations, title 13, section 2025(q)(5). Following the instruction sheet provided by the Alliance, requesters should send their applications to CARB’s address: Executive Officer – PM Filter Exemption Requests, California Air Resources Board, P.O. Box 2815, Sacramento, CA 95812. Interested parties are encouraged to contact the Alliance should they have any specific questions about the exemption process or if they wish to obtain more information about the process in general.
For further information, please contact:
Bud Caldwell, President
Alliance for California Business