The California Air Resources Board (CARB) and the Preemption List
The California Air Resources Board (CARB) regulates, among other things, the emissions from combustion engines within the state. As CARB’s authority runs up against the Federal EPA’s authority, which takes precedence, there is understandable confusion regarding allowable uses and emissions for combustion engines.
To be clear, PumpBiz does not determine or interpret governing laws. Before making decisions, each organization should consult its internal experts or contact the governing authorities for clarification and direction.
As CARB works to heighten emission standards for off-road vehicles and equipment, its authority is curtailed by the Clean Air Act. In particular, the category of engines under 175 horsepower in construction and agriculture applications. The Clean Air Act gives the EPA singular authority to regulate these applications.
Engines and applications covered by this overlap are known as “preempt engines” and are part of a “preemption list.”
Where this gets confusing is in the definition of these applications and the interpretation of the regulations. An engine used in one application may fall under the “preemption list,” while used in another may be subject to CARB authority.
To highlight how this can be confusing, take ‘cleaners: high-pressure.’ This engine application in these high-pressure water pumps was on the preemption list, making it clear that the EPA and not CARB covered it. However, pushed by industry, CARB removed the application from the list. This was not because it should be covered but because the industry wanted it to be ‘clear’ that CARB never covered the application and, therefore, did not need to be on the preemption list.
So, if an application is on the list for construction and agriculture, it is a preempt engine. But if not, it may or may not be a preempt engine.
To further confuse the situation, CARB states that for preempt engines, ”...these equipment types may become subject to CARB's In-Use Off-Road Vehicle Regulations…”. Even though the application may have been a preempt engine a few months back if you buy new equipment today, is it still on the preempt list? You have to check each time.
Therein lies the direction.
Always check. What was okay yesterday may not be tomorrow. With each new equipment purchase, document its presence on the preemption list at the time it was implemented. Never assume a status quo.
