Just your subcontractors that have (or rent) equipment in the categories covered by the Clean Air Construction standard need to register: all non-road equipment (except hand tools) and all on-road dump trucks and concrete mixers – this includes any non-diesel equipment in these categories.

For example, a flagging subcontractor with just pickup trucks does not need to register.

The Engine Family Name (EFN) (may also be called emission family name/number) is a 10-to-12-character alpha-numeric code assigned by the engine manufacturer that allows specific engine certification information to be determined. It can be found on the engine control label (ECL).

For more information on how to find the EFN and other engine details needed to register your equipment in The Yard, check out: Finding Engine Details for Equipment Registration in The Yard

The mailing of registration decals for CAC-applicable on-road vehicles will be delayed until late 2023. This is because the CAC requirements for on-road vehicles will not take effect until January 1, 2024. Delaying the mail date of the decals will extend their lifespan, reducing the need for replacements due to wear and tear.

After an equipment owner registers and attests their equipment in The Yard, the CAC Program Coordinator reviews the registration to confirm the compliance status. Once the equipment has been confirmed, it is added to a queue for decal assignment and mailing. This queue is processed every two weeks. You will receive a notice via The Yard when your registration decal(s) have been processed for mailing.

If more than two weeks have passed, please check your messages/notifications in The Yard for any requests for additional equipment details needed to confirm the equipment’s compliance status.

Complete as much information as you can and email the Clean Air Construction Program Coordinator for further assistance. You can also request replacement engine labels for your equipment by contacting the original engine manufacturer or equipment dealer and providing the engine serial number.

Each Clean Air Construction partner agency has its own process for non-compliance based on its procurement rules.

Please reference your contract with the specific agency to understand the consequence if a piece of equipment on the project site is found to be non-compliant.

The prime contractor is ultimately responsible for ensuring compliance with Clean Air Construction requirements, as they are the entity that signed the contract with the relevant agency. Therefore, it is the prime contractor’s duty to ensure compliance with these requirements.

What the prime contractor’s expectations are around who is responsible for getting applicable Tier 2 subcontractors’/suppliers’ equipment registered is something that the prime and the first-Tier subcontractors need to work out within their agreements.

Within The Yard, any Equipment Owner User can invite another Equipment Owner to register their equipment in The Yard, so that functionality is accessible to subcontractors.

If you are looking to work on an applicable public agency’s construction project valued over that agency’s applicable CAC threshold on or after January 1, 2020, you need to be aware of the CAC requirements. CAC requirements include two components:

1. Idle reduction requirements that went into effect on January 1, 2020.
2. Phased-in diesel engine requirements – beginning with the oldest and dirtiest engines – went into effect on January 1, 2022.

See the Clean Air Construction Overview & Requirements page for specifics on applicable agency thresholds and the phase-in schedule.

The specific type of construction projects the CAC requirements apply to will vary by applicable public agency, depending on that agency’s applicable contract dollar threshold and how construction was defined in a specific agency’s CAC adoption document. See the Clean Air Construction Overview & Requirements page for specifics.

In the Portland Metro area, levels of pollution from diesel engines exceed the State’s adopted health benchmarks. These engines produce fine, sooty particles that can enter the lungs and bloodstream, causing negative impacts on the cardiovascular and nervous systems and acting as a known carcinogen. Despite the significant health risks, the State of Oregon does not regulate diesel particulate matter, disproportionately affecting the residents and workers in the Portland Metro area.

To address this issue and improve air quality, public agencies in the Portland Metro area are implementing requirements from the CAC in their projects to reduce the negative health impacts of diesel pollution.

Diesel engines require a period of idling to cool down after periods of heavy operation in order to maintain their lifespan and performance. Shutting down a diesel engine before it has cooled down can cause damage and negatively impact its performance. The CAC’s nonroad idling requirement aligns with the State’s 5-minute idling requirement for on-road vehicles in the public right of way, which aims to reduce the negative impact of idling on engine life and performance.

The CAC idling requirements only apply to nonroad diesel engines. Individual public agencies adopting the CAC requirements may have additional project site idling requirements included in contract requirements as per separate ordinances, resolutions, or policies.

No. In fact, idling can reduce engine life and wastes fuel and money. Check out the following resources from other States:

• Idle-Free California
• Metro Vancouver

The CAC’s phase-in approach for engine requirements aims to balance the need for emissions reductions with the burden of compliance on contractors. This approach allows contractors to gradually upgrade their applicable equipment and vehicles, minimizing the impact on their business operations and competitiveness in bidding for local public projects. However, these upgrades can come at a significant cost, which is why the phase-in schedule is in place to give contractors time to plan and prepare for the necessary changes.

The CAC requirements only apply to nonroad construction equipment and on-road cement mixers and dump trucks. Flatbed trucks and other delivery vehicles are not otherwise subject to the CAC requirements.

Contractors (prime and sub-contractors, and applicable suppliers) will be required to submit to the CAC Program all requested diesel equipment/vehicle information needed to verify compliance, including confirmation that retrofit devices are maintained on the equipment in proper operating condition. Further details on the compliance process and required information will be developed as part of the program development in 2020. While details are currently being developed, it is the intent that:

• upon determining compliance with the requirements, the CAC Program will issue an equipment/vehicle decal for each compliant piece of equipment/vehicle, and the decal must be displayed on the compliant equipment/vehicle at all times in a location readily visible by agency staff.
• random on-site inspections by agency staff (or approved program operator) will be conducted on a project-by-project basis.
• contractor and vehicle compliance information will be housed in a database accessible by all local public agencies that have adopted the CAC requirements to verify compliance across jurisdictions.

Contractors may apply for exemptions to the diesel engine requirements on a per project basis in circumstances where:

• The equipment/vehicle is required for an emergency (including for underground equipment operators).
• The required emission control device would obscure operator lines of sight or otherwise impact worker safety, or the equipment is not able to be retrofitted with a verified emission control device, and no compliant rental equipment is available within 100 miles of the job site.
• The contractor can demonstrate that due to the uniqueness of the equipment/vehicle or similar special circumstances, it is not reasonable to comply with the diesel engine requirement for a specific piece of equipment/vehicle.

Review the Compliance Options Protocol steps. The first few steps identify which construction equipment/vehicle engines are subject to the CAC requirements.  See the Clean Air Construction Overview & Requirements page for specifics. 

Please check the model year of the engine and ensure that all exhaust control systems are functioning properly. Vehicles with engines from 2007 or later and properly functioning exhaust control systems are in compliance.

Engine tier can be looked up by knowing the engine model year and the horsepower of the equipment.  Reference the EPA Nonroad Ratings/Tier Chart.

There are several options for contractors to comply with the CAC requirements. For future purchases and capital investments, contractors should:

• Include CAC requirements in their plans for future vehicle/equipment purchases and replacements as vehicles and equipment reach their end of life.
• Prioritize purchases of low-carbon or alternative fuel equipment and vehicles, such as electric, renewable diesel, or compressed natural gas (CNG).

To upgrade existing equipment for compliance, contractors have several options at various price points, beginning with the lowest cost options:

• Rent compliant vehicle/equipment for use on the job
• Retrofit vehicle/equipment with emission control devices
• Repower existing vehicle/equipment with new Tier 4 engine for nonroad equipment
• Replace engine with a 2007 or newer engine for on-road engines
• Purchase used vehicle/equipment that was 2014 or newer nonroad or 2007 and newer on-road
• Purchase new vehicle/equipment

There are technical and financial assistance resources for diesel equipment and vehicle owners to help comply with CAC requirements. For more details on grants, onsite technical assistance, and training resources, see the Clean Air Construction Assistance page.

For a current list of public agencies that have adopted the CAC requirements, check the Clean Air Construction Overview & Requirements page.

As part of the program development process in 2020, the CAC Program will determine the details of contractor support, including the minimum level of technical assistance and web-based resources that will be provided to help contractors register their vehicles/equipment and ensure CAC compliance. These resources will be made available to assist contractors in navigating the requirements of the program.

Other aspects of contractor support currently being considered and/or pursued include:

• Utilization of State of Oregon VW Settlement money for grants that support diesel engine retrofits or replacements.
• Assisting contractors with pursuing EPA DERA grant funds for diesel engine retrofits or replacements.

Yes. One of the main goals in taking a regional approach to developing the CAC initiative is to reduce the administrative burden on contractors by not having multiple standards and multiple compliance processes.