Washington, DC - U.S. Senator Dianne Feinstein (D-Calif.) today asked members of the California Congressional Delegation for help in removing language inserted into the VA/HUD spending bill that would prohibit California and other states from limiting pollution from all off-road engines less than 175 horsepower.

The California Air Resource Board recently approved landmark regulations - which were written with significant input from the small engine industry - that would set strict pollution standards on engines of 25 horsepower or less, but these regulations would effectively be preempted if the language in the VA/HUD bill is signed into law.

The language was inserted into the Senate version of the bill by Senator Christopher Bond (R-MO) at the request of Briggs and Stratton, a small engine company based in the Midwest. Senator Feinstein has repeatedly asked Senator Bond to remove the language from the bill, arguing that the regulation language issued by CARB meets his concerns and will not cause the loss of jobs at small-engine plants. Thus far, Senator Bond has refused.

The following is the text of Senator Feinstein's letter to the California Congressional Delegation:

"I am writing to ask for your help with an issue of great importance to our State. On September 25, 2003, the California Air Resources Board adopted a regulation to reduce emissions from non-road engines smaller than 25 horsepower, primarily affecting lawn and garden equipment. The regulation is a crucial part of the State's strategy to achieve compliance with national air quality standards, protect Californians' health, and protect billions of dollars in transportation funds.

However, at the request of Briggs and Stratton, Senator Christopher Bond has included a provision in the 2004 VA/HUD Appropriations bill that would effectively preempt any state or local regulation of non-road engines smaller than 175 horsepower. The Bond provision undermines California's efforts and threatens all states' abilities to protect their citizens' health.

The engines affected by Senator Bond's provision are a significant source of pollution. According to the California Air Resources Board:

• The affected engines emit as much pollution as 18.3 million cars in California alone, including:

  -17 percent of the State's mobile emissions of smog-forming pollutants (490 tons per day); and
  
  -44 percent of the State's mobile emissions of toxic diesel particulate matter (24 tons per day), which has been shown to contribute to serious health problems including premature death, respiratory illness, asthma, and lung cancer.

• In California, the smallest engines - less than 25 horsepower -- produce as much pollution as 4 million cars (more than 100 tons of smog-precursors per day). California's regulation would eliminate nearly half of these emissions by 2020, the equivalent of taking 1.8 million cars off the road.

Senator Bond's provision is a fundamental change to the Clean Air Act at the expense of California's air quality. The provision would revoke the State's ability to set standards for some of our dirtiest engines, diminish the State's ability to achieve compliance with air quality standards, and threaten both public health and our State's transportation funds.

The Air Resources Board has worked hard to reach a compromise with the small engine industry. The rest of the industry recognizes the CARB Board's concessions. In the words of an October 15, 2003 press release from the Outdoor Power Equipment Institute (the industry's leading trade group), the CARB Board 'generally adopted' the industry's proposal, 'dramatically improving' the regulation. We should recognize the State's efforts and allow the regulation to move forward.

Because of this issue's critical importance to our State and its citizens' health, I believe that the entire California delegation should oppose the Bond provision in the VA/HUD bill. The provision is not in the House bill, and I ask for your help preventing the measure from becoming law. I would appreciate it if you would contact the conferees on this matter and ask them to keep the provision out of the conference bill. I look forward to working with you to resolve this matter."

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