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Comments Received on SOON Program and PR 2449 and Response to Comments 

1

Response to Comment Letter 

CIAQC (Dated April 22, 2008) 

Response CIAQC-1 

AQMD staff does not believe that the SOON Program will diminish the fleet’s ability or 

flexibility to manage their fleets. The SOON Program applies to the largest fleets (over 

20,000 hp) and as such, affected fleets will have a large number of vehicles to select for 

participation in the SOON program. Actual fleet information collected and used by 

California Air Resources Board (CARB) during the development of the In-Use Off-Road 

Diesel Regulation was used in the AQMD’s socioeconomic analysis, and this information 

shows that SOON fleet populations average well over 200 vehicles. It is expected that 

fleets on average will be required to include 5 to 15 vehicles (or approximately 3 to 7% 

of their fleet) in the SOON program. With this small fraction of the fleet subject to the 

additional SOON contractual requirements, staff strongly believes that this will cause 

minimal if any impacts on fleet owners’ ability to flexibly manage their fleets as business 

opportunities change. 

 

Response CIAQC-2 

As indicated in CARB’s Final Statement of Reasons for Rulemaking (FSOR), neither the 

California Health and Safety Code nor the Carl Moyer Program guidelines prohibit 

CARB or the local air districts from compelling fleets to apply for funding. The SOON 

Program funded through Moyer money is required to follow the Carl Moyer Program 

guidelines. In addition, AQMD staff has developed additional guidelines for 

implementing the SOON Program in the South Coast Air Basin. Incentive funding is 

indeed provided in the SOON Program to eligible fleets to achieve additional NOx 

reductions beyond those achieved under the Statewide regulation. 

Response CIAQC-3 

The SOON Program was never presented as a fully funded program. Under the Carl 

Moyer Program guidelines, the SOON funds are only required to cover the incremental 

cost of cleaner engines (i.e., 85% of total cost for a Tier 3 repower). Although fleets 

would still be responsible for the remaining small portion of the total cost (i.e., 15%), 

they would realize substantial savings in statewide compliance costs when the SOON 

funded vehicles complete the SOON contract and are then counted toward compliance 

with the statewide regulation. Under CARB’s final SOON regulation, vehicles 

repowered with SOON funds are not required to be retrofitted with PM filters. Please 

also refer to the responses in CARB’s FSOR Section III.B.6) a) on page 645, and Section 

III.C.1) r) on page 698. 

Response CIAQC-4 

Staff recognizes that repower options are available for a subset of off-road vehicles, but 

the number of these options is constantly growing. The comment was made that seven 

models of scrapers, four models of compactors, two loaders, one bulldozer and one motor 

grader currently can be repowered to Tier 3. However, the Carl Moyer Program has 

funded more models in each vehicle category than stated in the comment, and staff 

believes that current and future demand will stimulate availability of various new Tier 3 

repower solutions. Furthermore, the SOON Program is not solely a repower program. 
Comments Received on SOON Program and PR 2449 and Response to Comments 

2

Because the SOON Program is funded by Carl Moyer monies, in accordance with 2008 

Carl Moyer Guidelines, fleets may apply for SOON funding to replace a vehicle as well 

as add a NOx retrofit device to an existing vehicle. Thus, Proposed Rule 2449 has been 

fashioned to allow flexibility in the vehicle identification process. Staff does not envision 

that fleets will apply for funding for all potential SOON projects. Rather, staff envisions 

that only the most promising projects will be submitted for SOON funding. To that end, 

staff has been reaching out to fleets and actively participating in the process by which 

fleets are identifying potential SOON projects. We envision the SOON Program to be 

run similarly for its duration.
Comments Received on SOON Program and PR 2449 and Response to Comments 

3

Response to Comment Letter 

CIAQC (Dated April 22, 2008) 

Attachment A 

Response CIAQC-A1 

The SOON program applies to the largest fleets (over 20,000hp) and as such affected 

fleets will have a large number of vehicles to select for participation in the SOON 

Program. Actual fleet information collected and used by CARB during the development 

of the In-use Off-Road Diesel Vehicle Regulation was used in the AQMD’s 

socioeconomic analysis and this information shows that SOON fleets average well over 

200 vehicles in their fleets. Affected fleets must first meet the statewide regulation. 

Vehicles eligible for the SOON Program would subsequently be considered. 

It is expected that fleets on average will be required to include 5 to 15 vehicles (or 

approximately 3 to 7% of their fleet) in the SOON program. With this small fraction of 

the fleet subject to the additional SOON contractual requirements, staff is confident that 

this will cause minimal if any impacts on a fleet’s ability to flexibly manage their fleet as 

business opportunities change. 

Additionally, we do not agree that Section 2449.3(e)(8) compels a vehicle to operate 75% 

of its time in the AQMD. The AQMD requires SOON funded vehicles to operate at least 

75% of their time in the AQMD to ensure that the reductions funded by the AQMD occur 

in the AQMD boundaries. As such, the 75% requirement applies only to the historical 

operating hours within the AQMD jurisdiction (average annual hours of operation over 

the previous two years) and does not include hours operated outside of the district. For 

example, if a SOON vehicle has historically operated 1000 hours in the AQMD and 500 

hours in other districts, the 75% operational requirement of operating in the AQMD 

would apply only to the 1000 hours and the vehicle’s minimum required time in the 

AQMD would be 750 hours. While over the life of the SOON contract the vehicle must 

average the 1000 hours contracted, the 75% criteria gives fleet additional flexibility of 

moving vehicles out of the district for short periods of time to address changing business 

climate. 

Overall because only a small portion of the fleets vehicles will be included in the SOON 

program and because the vehicles are given additionally flexibility to move out of the 

AQMD boundaries to address short-term changes in business climate, staff believes that a 

fleet’s ability to flexibly manage its vehicles will be minimally, if at all, impacted. 

Response CIAQC-A2 

We do not agree that the compliance plan will compel a fleet to manage their fleet in a 

specific way for seven years, thereby limiting the fleet’s flexibility to respond to 

changing business conditions. The compliance plan is a “living” document that the fleets 

can update frequently and represent the fleet manager’s best estimate as how the fleet will 

be managed to meet the requirements of the base regulation and the SOON requirements 

at the time of applying for SOON funding. Fleets will have every opportunity to update 

the plan as their fleet changes and the business climate changes providing the necessary 

flexibility to meet the fleet’s business needs each time they are required to apply for 
Comments Received on SOON Program and PR 2449 and Response to Comments 

4

funding. Because of this flexibility, AQMD staff believe that fleets can change their 

compliance plan to ensure that changes in the fleet such as selling a vehicle can be 

allowed while complying with the SOON and base regulation requirements. In addition, 

SOON funded vehicles have some flexibility incorporated in the contract language to 

move out or the district for short periods of time. The contract allows a vehicle to move 

out of the district boundaries for up to 25% of the time. 

Response CIAQC-A3 

The structure of the SOON program provides the fleet owner with many choices as to 

which vehicle could potentially receive incentive funds, as well as choosing a compliance 

path among many that best meets the needs of the fleet. Based on AQMD staff analyses 

and responses to comments provided in CARB’s FSOR on the In-Use Off-Road Diesel 

Vehicle Regulation, we believe that in almost all cases, fleets participating in the SOON 

program will realize cost savings which should be a strong incentive to participate. 

Response CIAQC-A4 

AQMD staff believes that because the SOON eligible fleets are the largest, they should 

have the resources as well as the appropriate business and accounting practices to have 

generated and stored the necessary information to adequately demonstrate the location 

and hours of operation of a vehicle for the past three years. AQMD staff has been and 

will continue to work with fleets to determine the most appropriate method of 

documenting vehicle location and hours of operation for each fleet that provides the 

necessary accuracy with the least amount of resources expended by the fleets. It should 

be noted that fleets participating in the traditional Carl Moyer Program have consistently 

been able to provide the required historical operating data. 

Response CIAQC –A5 

AQMD staff does not believe that the SOON NOx emission targets and the base 

regulation NOx targets are inconsistent and could result in a doubling of the regulation 

requirements. The more stringent SOON NOx targets provide the basis to identify a 

sufficient number of SOON projects for each fleet to ensure that enough cost effective 

projects apply for funding to achieve the AQMD’s SOON NOx reduction goals. Fleets 

are required to use the SOON NOx targets only to identify and apply for the required 

amount of SOON projects. Also, fleets are not required to meet the SOON NOx targets, 

however, fleets already meeting the SOON targets do not need to apply for SOON 

funding. 

Response CIAQC – A6 

The socioeconomic analysis performed for the SOON program covers a time period of 17 

years (2008-2025), the period the regulation covers and as such does not quantify the 

effects of relatively short duration changes in economic conditions such as the recent 

economic downturn being experienced by the construction industry. The report 

quantifies the effects of the regulation over a sufficiently long timeframe to account for 

the effects of the economic cycles of the affected industries. While staff recognizes the 

difficult economic conditions the construction industry is experiencing now, we expect 

over the 17-year time frame of the analysis that the economic health of the construction 

industry to continue to enjoy the long term growth it has historically experienced. 
Comments Received on SOON Program and PR 2449 and Response to Comments 

5

Response CIAQC – A7 

We do not agree that the analysis is based on faulty assumptions that are not adequately 

substantiated or supported by evidence. The analysis is based on appropriate 

assumptions and best represents the true impacts of the SOON program on the affected 

industries. AQMD staff has through the rulemaking process (CARB and AQMD) 

learned much about the affected industry. Staff has held numerous workshops and 

meetings with the affected industry, formed a working group (which include 

representatives from the affected industries) to assist in implementing the SOON 

program, as well as met individually with 25 fleets to better understand their needs and 

operations. Through this process, staff has gained substantial insight as to the operations 

of the impacted industries. 

Response CIAQC-A8 

Over the past several years, AQMD staff has funded close to 1,000 construction 

equipment repowers and has gained a very good understanding of the abilities of the 

repowering industry. Several characteristics of the repowering industry lead us to believe 

that it can meet the increased demand of the SOON and base regulation program. First, 

the industry has had some time to prepare for the base regulation and the SOON program 

and will have another 4 to 5 years to improve and streamline its process. Second, in 

addition to expanded dealer repowering services, several fleets have begun to or plan to 

begin to repower their own vehicles increasing the capacity of the repowering industry. 

Third, AQMD staff have discussed with engine manufacturers on the need for additional 

resources to meet the implementation needs of the statewide regulation and the SOON 

regulation. One of the leading manufacturers of off-road engines provided comments to 

CARB on their commitment to meet market demands. All this leads staff to believe that, 

while challenging, the repowering industry can repower the 1,300 engines in the 

designated time period. 

Response CIAQC – A9 

While it is true the socioeconomic analysis did not consider retirement of vehicles, 

inclusion of this would have no impact on the results. The benefit of the SOON program 

to the fleet is that the SOON program allows the fleets to delay action on a vehicle for 

three years. Therefore, if the fleet would decide to retire the SOON vehicle, the 

retirement would be modeled to occur three years later than it would have been modeled 

to occur under the base case (SOON program not implemented). Because the action 

modeled during the SOON scenario is the same action modeled in the base case, there 

will be no stranded costs. Independent of the action modeled, the three year delay would 

incur cost savings for the fleet. 

Response CIAQC – A10 

Staff does not believe the compliance costs modeled under the SOON and base cases are 

inconsistent. In all cases, it was consistently assumed that the newest available 

technology was used at the time of repower. As the Tier 4 technology is not available 

until 2011, repowers modeled in the 2008 to 2010 timeframe used the Tier 3 (the newest 

technology available). We have assumed that there will be differences in costs between 

the two technologies as the Tier 4 technology is more technologically advanced; 

however, these differences in costs are the same in the base case and SOON scenarios 

and affect both scenarios similarly. While Tier 3 technology has higher emissions than 
Comments Received on SOON Program and PR 2449 and Response to Comments 

6

the Tier 4 technology, they both are significantly cleaner than the Tier 0 and Tier 1 

technology being replaced, and as shown in the socioeconomic report, the early 

investment (heavily subsidized with incentive funds) in the Tier 3 technology will result 

in significant cost savings to the fleet over the life of the regulation. 

Response CIAQC –A11 

The socioeconomic analysis assumes all engines are repowered and it is expected that 

most of the actions taken by fleets in the early years 2008 to 2012 will be repowers. Staff 

believes that the costs and technological feasibility of Tier 0 and 1 repowers to Tier 3 

engines are real and accurate based on the many years of repowers funded through our 

Moyer Program. While repowers to Tier 4 technology is more speculative, it is no more 

so than assuming the availability and costs of retrofit technology, or costs of new 

equipment. Regardless, the choice of fleet action in the later years (2015 and later) will 

have little or no impact on the results as it is assumed that the fleet will take the same 

action on the vehicle in both the SOON and the base case scenarios. In all cases the three 

year delay in action realized by the participating in the SOON program will result in cost 

savings to the fleets. 

Response CIAQC – A12 

The socioeconomic analysis was performed in “real” terms. As such, the six percent line 

of credit rate represents an approximately 10 percent market rate based on an inflation 

rate of four percent. The interest rate concept mimics the opportunity cost of money; i.e., 

the rate of return if the same amount of money were invested elsewhere. Under today’s 

economic circumstances, earning a 10 percent rate of return on investment, on average, is 

considered unusually high, and results in a conservative analysis. The economic 

condition of a business is also one of several factors used to determine the line of credit 

rate for the business. Large companies (those subject to the SOON program) will most 

likely get a lower rate than smaller companies. 

Response CIAQC – A13 

The four percent interest rate used in the analysis represents a real interest rate. It is 

commonly accepted that the real interest rate is on the order of four percent. Based on a 

four percent inflation rate, the four percent real interest rate is equivalent to an eight 

percent market rate. Staff also does not believe that changing the useful life of the 

vehicle in the later years will significantly affect the results of the analysis as the 

modified vehicle life would be modeled both in the SOON and base case scenarios 

affecting each similarly. 

Response CIAQC – A14 

Information from the 18 sample fleets used in the fleet specific analysis was obtained 

from CARB. CARB used the same information and information from 182 additional 

fleets to determine the economic and emission reductions from their regulation. The 

information was obtained from surveys and from fleets who voluntarily shared their fleet 

information with CARB. Furthermore, CARB conducted an additional survey collecting 

information from over 250 fleets as well shared the results with staff. Staff has also met 

with over 25 fleets to discuss their fleet composition and practices over the last few 

months. Based on the average age of the fleets, the type and ages of the vehicles in the 
Comments Received on SOON Program and PR 2449 and Response to Comments 

7

fleets, the average horsepower of the fleets, and staffs discussions with numerous fleets, 

we believe that the 18 fleets do adequately represent the actual fleet population. 

Response CIAQC – A15 

The fleet analysis assumed the 15% cost share was part of normal business practices (i.e. 

the cost of an engine rebuild) and was not included as an additional cost in either the 

SOON or base case. However, the impact of including the 15% cost share in the analysis 

should not change the results as evidenced by the conclusions of the socioeconomic 

analysis which shows that fleets will enjoy cost savings from participating in the SOON 

program. 

Response CIAQC – A16 

Staff believes that the 84% of the fleets at market risk will most likely pass their 

increased costs through to their customers. An individual business considers several 

factors to decide whether to raise prices or face reduced profits in light of additional cost 

of doing business. These factors may include competitiveness, project sales, and supply 

chain management, among others. The balance between price increase and profit 

reduction is a strategic decision made by individual businesses. As such, staff does not 

believe it is appropriate to include this factor in the analysis. 

Response CIAQC – A17 

We do not agree. The fleet specific analysis did include actions to shrink the fleet to 

comply with the CARB regulation. For all fleets it was assumed that compliance with the 

NOx requirements for the first year of the base regulation was accomplished through 

vehicle retirements (up to 8% of the fleet). 

Response CIAQC – A18 

The analysis was conducted in “real” terms in 2000 dollars. Costs and other 

socioeconomic impacts were estimated yearly from 2008 to 2025 to allow year by year 

comparison. Although the report presents statistics in key years, complete year by year 

statistics are available upon request. 

Response CIAQC – A19 

Staff does not believe it is necessary or appropriate to analyze the impacts of the removal 

of the 10 year or newer vehicle age exemption, the Tier 1 turnover exemption (applicable 

only until 2013), and the 5 year or newer vehicle retrofit exemption. Staff believes that 

vehicles under 10 years of age will not be cost-effective candidates for the SOON 

program and will not participate. Similarly for Tier 1 vehicles, very few will be costeffective SOON candidates (in the early years of the SOON program) and would also not 

participate. Finally, the 5 year or newer vehicle age exemption would apply only to 

vehicle replacements as repowered engines are not exempt if the vehicle is older than 5 

years (which will most likely be the case). In summary, the impacts of these exemptions 

on the typical SOON project will be minimal and as such do not warrant additional 

analysis.
Comments Received on SOON Program and PR 2449 and Response to Comments 

8

Response to Comment Letter 

CIAQC (Dated December 7, 2007) 

Attachment C 

Response CIAQC-C1 

Since the CARB Board hearing on July 26, 2007, AQMD staff has worked closely with 

CARB staff and the affected fleets on the SOON Program. CARB released the revised 

SOON language in its Second Notice of Public Availability of Modified Text on 

February 5, 2008 and extended the required 15- day public comment period to 30 days, 

allowing additional time for stakeholder comments. In addition, in October 2007, 

AQMD staff formed an implementation working group (consisting of representatives 

from CARB, San Joaquin Valley APCD, and public and private fleets) to solicit input 

from stakeholders on the SOON Program. Given the flexibilities allowed in the SOON 

Program, AQMD staff believes that the emission reductions anticipated from this 

program are achievable. For additional response on the development of the SOON 

provision of the State regulation, please also refer to the responses in CARB’s FSOR 

Section III.C.1)uu) on pages 725-726. 

Response CIAQC-C2 

The latest proposed SOON Program would allow the first year (2008) to be voluntary in 

accordance with CARB’s final regulation. Regardless, affected fleets are still encouraged 

to submit for funding in the first year so that staff can evaluate as early as possible, how 

fleets would be complying with the statewide regulation and the SOON Program. Since 

the SOON Program will be voluntary in the first year, fleets recommended for SOON 

funding would have the option to not accept funding in the first year. Staff also believes 

that the cost of overall compliance with the statewide regulation will be reduced with 

participation in the SOON Program because SOON funded vehicles will, at the end of 

contract period, be credited toward compliance with the statewide regulation. In addition, 

the design of the statewide regulation and the SOON provision allow fleets significant 

flexibility to determine the least costly compliance path. Please also refer to the 

responses in CARB’s FSOR Section III.A.3)a)iii) on pages 146-149, Section III.C.1)b) 

on pages 679-682 and Section III.C.1)f on page 685. 

Response CIAQC-C3 

The SOON Program does not require retaining older engines (which were targeted for 

retirement or had reached the end of their useful life) in order to be repowered for the 

purpose generating additional NOx reductions. In complying with the SOON Program, 

fleets can choose to meet the SOON NOx targets through any combination of their own 

actions (e.g., retire, replace, repower, sell/move outside Basin) using their own funds or 

apply for SOON funding to meet these targets. Only projects that receive SOON funding 

are then required to be implemented. Surplus Tier 0 vehicles are still expected to be 

available after compliance with the statewide regulation and those with high operating 

hours would be potential candidates for participating in the SOON Program. 

Response CIAQC-C4 

Please refer to Response CIAQC-C2. AQMD staff believes that implementation of the 

SOON Program as a mandatory program (i.e., after April 2009) will ensure that the 
Comments Received on SOON Program and PR 2449 and Response to Comments 

9

emission reductions targeted for this program in the 2007 SIP are achieved and these 

reductions are approvable by the U.S. EPA. In addition, a mandatory program will result 

in a larger pool of eligible vehicles from which only the most cost-effective and high 

priority projects would be funded by SOON, thus minimizing any financial impacts on 

the fleets. 

Response CIAQC-C5 

Please refer to Response CIAQC-3. 

Response CIAQC-C6 

While it is financially prudent to fund the most cost-effective projects, the award criteria 

have a 10% cap on the amount of funding that can be awarded to one fleet. Additionally, 

25% of the funding will be distributed to ensure that at least one project in each fleet 

requesting high priority is funded as long as it is below the mandated Moyer costeffectiveness cap. These criteria would allow more fleets to receive funding. 

Response CIAQC-C7 

AQMD staff understands the needs of fleets for operational flexibility and understands 

the limitations seven year contract duration may have on some fleets. However, the 

SOON Program NOx reductions, critical for meeting the PM2.5 ambient air quality 

standards, must carry through and beyond 2015, and as such require the minimum seven 

year contract life. Staff believes that there is sufficient flexibility in current contracting 

practices to address this concern. Regardless, staff will continue to evaluate on a case-bycase basis to include flexibility in terms of contract duration as the program progresses. 

Response CIAQC-C8 

Please refer to the response in CARB’s FSOR Section III.C.1)c) on pages 682-684. 

Response CIAQC-C9 

Staff considered this approach but at this time believes that there is insufficient 

information available on all fleets subject to the SOON Program to develop such a 

criterion and still ensure that enough fleets and vehicles would be subject to the SOON 

Program to realize the necessary NOx reductions. While repowering may be a more 

viable option for some engines (e.g., larger engines with high operating hours), 

replacement may viable for other types of engines. Please also refer to CARB’s FSOR 

Section III.C.1)v on pages 700-702. 

Response CIAQC-C10 

Fleets will be required to file a compliance plan for meeting the requirements of the 

district from which SOON funding is being requested. Given that the first SOON target 

year is 2011 and every three years thereafter, staff believes that fleets can develop plans 

to meet the annual statewide targets and have sufficient time to plan for compliance with 

the SOON targets. However, since there is the potential that multiple compliance plan 

formats and reporting requirements could be realized, staff is working with CARB and 

other air district staff to ensure that the compliance plan formats and reporting 

requirements are as consistent as possible. 
Comments Received on SOON Program and PR 2449 and Response to Comments 

10

Response CIAQC-C11 

The SOON provision of the base regulation is intended to complement the base 

regulation and could not be separated since affected fleets must demonstrate compliance 

beyond the base regulation to achieve the surplus reductions. Please also refer to the 

responses in CARB’s FSOR Section III.B.6)b) on page 646. 

Response CIAQC-C12 

The eligibility language was adopted to ensure that only the older fleets with the largest 

number of Tier 0 and Tier 1 equipment would participate in the SOON Program. The 

design of the program and the associated emission reductions require that the fleets, once 

included in the program, need to stay in the program. Under the SOON Regulation, the 

January 1, 2008 deadline provides a baseline for the eligibility of fleets to participate in 

the SOON Program. 

Response CIAQC-C13 

While the administrative requirements are somewhat more involved because of the two 

different NOx target timeframes, staff does not believe this makes the development of the 

compliance plan untenable. Staff believes that the compliance plan will most likely need 

to be updated on an annual basis which coordinates well with the annual reporting 

requirements of the statewide rule. Please also refer to CARB’s FSOR Section III.A.9)e) 

on page 499. 
Comments Received on SOON Program and PR 2449 and Response to Comments 

11

Response to Comment Letter 

CIAQC (Dated January 25, 2008) 

Attachment D 

Responses CIAQC-D1 and CIAQC-D2 

Please refer to Responses CIAQC-C2, CIAQC-C4 and CIAQC-C5. 

Response CIAQC-D3 

Staff believes that compliance with the statewide regulation will not completely eliminate 

Tier 0 equipment within the next few years and adequate supply of Tier 0 (and Tier 1) 

vehicles will still be available and eligible for SOON funding. The applicability of the 

SOON Program to fleets with more than 40% Tier 0 and 1 equipment is intended to 

achieve surplus NOx reductions by accelerating the clean-up of these older engines. 

Fleets which choose to retire their Tier 0 equipment at rates higher than that required 

under the State regulation may already be in compliance with the SOON targets and may 

not be required to apply for SOON funding. 

Response CIAQC-D4 

Assuming that all other eligibility criteria are met, a vehicle will be eligible for SOON 

funding if it spends a majority of its time in the AQMD relative to all other air districts. 

For example, if it spends 34% of its time in the South Coast and 33% in two other 

districts, it would be eligible for funding. Funding and cost-effectiveness will be based 

on the historical hours of operation in the district (in this example, 34% of the vehicles 

total historical hours of operation). If the project receives funding, the vehicle must 

spend at least 75% of its operating time in the South Coast or 26% (i.e., 75% of 34%) of 

the vehicles total historical operating hours during the contract period. 

Response CIAQC-D5 

Please refer to Response CIAQC-C7. 

Response CIAQC-D6 

Please refer to CARB’s FSOR Section III.C.1)b on page 679. 

Response CIAQC-D7 

Please refer to Response CIAQC-C10. 

Response CIAQC-D8 

In order to minimize impacts on fleets in terms of preparation of SOON applications and 

compliance plans, staff has developed a compliance tool and has also conducted one-onone consultations with a number of eligible fleets over the last few months. Staff will 

continue these efforts during the SOON program announcements. In addition, services of 

outside consultants have been retained to help fleets prepare their SOON applications and 

compliance plans. 

Response CIAQC-D9 

Under the SOON Program, fleets have the option of applying for SOON funds and 

implementing SOON funded projects (e.g., repowers) or meeting the SOON NOx targets 
Comments Received on SOON Program and PR 2449 and Response to Comments 

12

through any combination of their own actions (e.g., retire, replace, repower, sell/move 

outside Basin) using their own funds. 

Response CIAQC-D10 

The hypothetical emissions reductions that may have resulted from the slow down of 

construction operations over the past year are not permanent reductions. Regardless of 

the magnitude of these reductions, the emissions will increase to original levels as the 

construction industry rebounds and operations increase. The purpose of the state 

regulation and SOON Program are to achieve permanent emissions reductions from offroad diesel vehicles. 

Response CIAQC-D11 

While the SOON Program is voluntary for 2008, staff believes that a mandatory program 

will be required in order to ensure that the targeted 12 tons per day of NOx reductions are 

achieved by 2014. On May 2, 2008, the AQMD Governing Board will consider opting-in 

to the SOON Program and also whether the program should be mandatory or voluntary 

after April 2, 2009. Furthermore, the adoption of Proposed Rule 2449 on May 2, 2008 

will allow staff the opportunity to evaluate the SOON Program during 2008. Opting in to 

SOON and adopting Proposed Rule 2449 will also allow time for staff to develop 

additional guidelines (if necessary) and submit for CARB approval before the 2009 

SOON Program Announcement. Fleets that are voluntarily participating in the SOON 

Program in 2008 will be required to submit compliance plans with their SOON 

applications. 

Response CIAQC-D12 

Please refer to Response CIAQC-4. 
Comments Received on SOON Program and PR 2449 and Response to Comments 

13

Responses to Comment Letter 

CIAQC (Dated March 6, 2008) 

Attachment E

Responses to the comment letter submitted by the Construction Industry Air Quality 

Coalition (CIAQC) to the California Air Resources Board dated, March 6, 2008 are 

provided by CARB staff in the Final Statement of Reasons for Rulemaking (FSOR). 

Below, the AQMD staff is identifying the relevant sections and page numbers of these 

responses from CARB’s FSOR. 

Response CIAQC-E1 

Please see response in Section III.C.1) pp) on pages 720-723. 

Response CIAQC-E2 

Please see response in Section III.A.9) b) on page 498, and Section III.C.1) uu) on pages 

725-726. 

Response CIAQC-E3

Please see response in Section III.C.1) f) on pages 685-686, Section III.C.1) k) on page 

691, and Section III.A.6) a) on pages 645-646. 

Response CIAQC-E4 

Please see response in Section III.C.1) n) on pages 693-694 and Section III.C.1) rr) on 

page 723. 

Response CIAQC-E5 

Please see response in Section III.C.1) v) on pages 702-703. 

Response CIAQC-E6 

Please see response in Section III.C.1) c) on pages 682-684. 

Response CIAQC-E7 

Please see response in Section III.C.1) b) on pages 679-682. 

Response CIAQC-E8 

Please see response in Section III.C.1) i) on pages 688-690 and Section III.A.3)e)v) on 

page 237. 

Response CIAQC-E9 

Please see response in Section III.C.1) b) on pages 679-682 and Section III.A.9)e) on 

pages 499-502. 

Response CIAQC-E10 

Please see response in Section III.C.1) b) on pages 679-682 and Section III.C.1)o) on 

pages 694-696. 
Comments Received on SOON Program and PR 2449 and Response to Comments 

14

Response CIAQC-E11 

Please see response in Section III.C.1) tt) on pages 724-725. 

Response CIAQC-E12 

Please see response in Section III.C.1) ll) on pages 710-715. In addition, AQMD staff 

has prepared a draft socioeconomic report for the SOON Program, which was made 

available for public review and comments on April 2, 2008. 

Response CIAQC-E13 

Following is a list of CARB’s FSOR sections addressing all of these comments. 

III.C.1) c) on pages 728-729 

III.A.3) b)xiv) on pages 177-179 

III.B.1) s) on pages 620-622 

III.A.11) a) on pages 513-515, 517-518, and 520-521

III.A.16) f) on page 547 

III.A.19) b) on pages 570-571 

III.B.8) a) on pages 648-651 

III.C.1) ii) on pages 711-713