Tutor Perini Corporation and O & G Industries, et al, Settlement
Tutor Perini Corporation and O & G Industries, Inc., a Joint Venture, and Frontier Kemper Constructors Inc. and Tutor Perini Corporation, a Joint Venture, Agrees to Mitigated Settlement
In April 2022, the California Air Resources Board (CARB); and Tutor Perini Corporation and O & G Industries, Inc., a Joint Venture (TPCOGI JV); and Frontier Kemper Constructors Inc. and Tutor Perini Corporation, a Joint Venture (FKCITPC JV); located in Los Angeles, California and Sylmar, California, agreed to a revised settlement that updates the initial settlement terms negotiated in 2020, and a revision in 2021. In the event TPCOGI JV and FKCITPC JV are unable to satisfactorily comply with mitigation terms set forth in this Revised Settlement Agreement, they will pay a total penalty amount of $25,000 for the companies’ violation of CARB air quality regulations.
TPCOGI JV and FKCITPC JV self-disclosed violations of the In-Use Off‑Road Regulation (Cal. Code Regs., tit.13, § 2449 et seq.) to CARB. TPCOGI JV and FKCITPC JV added twenty-three banned engines to their fleet. These engines were the cleanest Mine Safety Health Administration (MSHA)-approved engines available or technically feasible that could be used in the types of equipment needed to perform work in areas classified as “gassy” by the California Department of Industrial Relations Division of Occupational Safety and Health (Cal/OSHA).
To settle the case, TPCOGI JV and FKCITPC JV agreed to mitigate all emissions from these violations. These emissions reductions in total will be greater than the noncompliance would generate. However, if TPCOGI JV and FKCITPC JV are unable to comply with the terms set forth in the revised settlement agreement, TPCOGI JV and FKCITPC JV will pay $25,000 to CARB’s Air Pollution Control Fund, which provides funding for projects and research to improve California's air quality.
Terms of the revised settlement include a requirement to comply with the In-Use Off-Road Diesel Fleet Vehicles Regulation and other CARB regulations going forward. TPCOGI JV and FKCITPC JV promptly notified CARB in advance of the violation and fully cooperated throughout the investigation.