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California Air Resources Board Regulations

California Air Resources Board Regulations. John McClelland Mike Graboski. State Government Players. Cal Legislature approves bill Governor signs bill into law Governor with legislative approval appoints Air Resources Board (ARB)

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California Air Resources Board Regulations

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  1. California Air Resources Board Regulations John McClelland Mike Graboski

  2. State Government Players • Cal Legislature approves bill • Governor signs bill into law • Governor with legislative approval appoints Air Resources Board (ARB) • ARB directs ARB staff(Cal EPA) to develop regulation implementing law • ARB approves regulation and authorizes ARB staff to implement and enforce

  3. National Ambient Air Quality Standards NAAQS • Health Based – population exposure • PM2.5, PM10, Ozone, CO, NO2 • States can use economics to find least cost approach to meeting NAAQS but cannot use cost as an argument for avoiding NAAQS

  4. Link Between Engine Emissions and NAAQS NOX (exhaust) + atmospheric gases = PM2.5 NOX, Hydrocarbon (exhaust) + atmospheric gases = ozone

  5. Authority to Regulate Emissions • California must meet NAAQS as required by Federal Clean Air Act (CCA) and Cal Clean Air Act • CAA defers certain legal authorities to California to control engine emissions

  6. NAAQS Legal Requirements • California must meet PM2.5 NAAQS by 2015 • All California air districts must meet ozone NAAQS between present and 2023 • California must provide EPA PM2.5 (2008)and Ozone (2007) State Implementation Plans (SIP’s) showing how the state will comply with NAAQS • SIP planning provides emission budgets to various emitting groups

  7. Diesel Risk Reduction Program http://www.arb.ca.gov/diesel/dieselrrp.htm 1983: California Legislature enacted Bill (AB) 1807: Health and Safety Code 39650-39674) to reduce exposure to toxic air contaminants (TACs) 8/1998: ARB identified diesel PM as a TAC (71.2% of statewide cancer risk) 9/2000: Board approves Diesel Risk Reduction Plan that requires specific (ATCMs) regulations designed to reduce diesel PM emissions to the greatest extent feasible & at least 85% by 2020

  8. Regulatory Process • Legal Authorization to regulate is established • Regulating Agency analyzes technology and feasibility – seeks input from regulated sector • Agency refines analysis & proposes regulatory language • Public Meetings & public comment

  9. Regulatory Process- Concluded • Agency proposes final rule at Public Hearing with Statement of Reason (SOR) • Legal entity ( For Air, Air Resources Board) approves rule • Office of General Counsel approves rule • Agency implements rule

  10. How Businesses Can Affect Regulations • Generally, a regulatory action cannot be stopped once initiated • Business cannot benefit by entering late in the regulatory process • Business must interact with the Agency and provide honest information regarding the impact of the proposed rule

  11. ARB Regulations Affecting ARA Members • PERP • Mobile Off-Road In-Use (2007) • Mobile On-Road In-Use (2007 or 2008) • Agricultural Engines ( future) • LSI (2007)-Large Spark Ignition • SORE ( 2003)-Small Off Road Engines • Air Toxic “Hot Spots” Act (1987)

  12. Off Road Engine Tiers by Date

  13. Off-road SI Standards by Date Engines with > 1 liter Displacement 2007 Model Year Standard 2010 Model Year Standard

  14. Questions?

  15. Portable Equipment Regulations “Equipment You Tow”

  16. Regulations • Portable ATCM: Sets out emission requirements to the AQMD’s • PERP (Registration): Sets out a statewide registration option to permitting each portable engine in affected districts

  17. AIR Toxic Control Measure http://www.arb.ca.gov/regact/porteng/fro.pdf • ATCM is used as the primary legal authority to regulate fleet emissions • Portable ATCM specifies fleet emission and reporting requirements

  18. Portable ATCM • Applies to 50 hp and larger portable engines • January 1, 2006: most stringent standards are required for new engines • 93116.3(b) Requires all portable engines (exceptions) to be Tier 1 or higher January 1, 2010 • 93116.3(c) Requires portable fleets (exceptions) to meet increasingly stringent average emissions weighted by horsepower by 1/13 , 1/17, 1/20

  19. Portable ATCM • 93116.4 Record Keeping: Begins January 1, 2008 for alternative fueled engines Ends when fleet is Tier 4 or “equal” • March 1, 2011 Provide fleet inventory report and fleet average for 2010 • March 1, 2013, 2017, 2020- Provide Compliance Certifications and Reports

  20. PERP- Registration • Applies to 50 hp and larger portable engines and Portable Equipment Units. Under 50 hp certified engines may be registered • DI and SI engines • Portable engine- Compressor, welder, generator etc- cannot be driven! • Equipment Unit produces PM-10 as well as PM2.5 from engine (e.g. crushing plant) • Located at a fixed site for less than 1 year

  21. PERP • Voluntary program • Legally, all portable engines must be registered in the state program or permitted in each district where the engine operates • Harmonized with ATCM so permitting requirements at District are at least as stringent as PERP

  22. PERP • Engines and equipment units must be registered separately • Misrepresentation is a violation subject to enforcement • ARB has 90 days to issue or deny a registration • Legally, you cannot put portable equipment into service without an issued registration

  23. PERP Eligible Engines – New Registration • Certified diesel engine • Certified spark-ignition engine • Must be one of the following: • Most stringent emission standard engine • Flexibility Engine • Resident Engine • Must have non-resettable hour meter

  24. PERP Most Stringent Standard • If you order with 6 months before a change in standards • You can verify the order • You take possession after change in standards • You have 6 months after the standards change to register previous standard unit

  25. PERP Most Stringent Standard • This means newest Tier or most modern SI • ARB can waive most stringent standard requirement if sufficient most stringent standard engines do not exist

  26. PERP Flexibility Engine • These are engines of older emissions standards that are allowed to be sold by a volume formula established by EPA to help smooth out supply problems during transition to new standards • The flexibility engine might have a tag such as: • THIS ENGINE IS EXEMPT UNDER 40 CFR 89.102 FROM EMISSION STANDARDS AND RELATED REQUIREMENTS

  27. PERP Resident Engine • A Tier 1 or higher engine that was provenly operated in California Between 1/1/04 & 10/1/06 • Can be registered between 1/1/07 and 12/31/09 • Total fees include new registration, mandatory inspection, back fees to date specified by ARB (typically purchase date), penalty • Penalties increase with time • ATCM allows Tier 0 engines to be permitted at the discretion of a local district - not eligible for PERP

  28. PERP How to Register http://www.arb.ca.gov/portable/perp/perp.htm Forms • General Information 1-A. Fee Calculation • Engine Data 2-A. Proof of Residency 3-A through 3-F Equipment Unit • Modification to Existing Registration (ownership) • Administrative Actions for Existing Registrations

  29. PERP- Engine Purchases Flexibility Engines These engines are certified to a lower Tier. You should specify in your purchase contract that only the most current Tier engine must be delivered as part of the equipment. June, 2007

  30. PERP 1. Most Current Tier Engine • Fill out forms 1, 1-A, 2 2. Flexibility Engine • Fill out forms 1, 1-A, 2 and provide a photograph of the Engine Tag proving flexible engine 3. Resident Engine • Fill out forms 1, 1-A, 2, 2-A 4. Equipment Unit • In addition to the engine forms, fill out appropriate form 3A through 3F

  31. PERP Fees For most current Tier and Flexibility Engines see http://www.arb.ca.gov/portable/perp/fees.htm For Resident Engines see http://www.arb.ca.gov/portable/perp/fee_tables.htm

  32. PERP How to submit an application: http://www.arb.ca.gov/portable/perp/apprcss.htm For further information regarding the program, please contact Statewide Portable Equipment Registration Information Line at (916) 324-5869 (24 hours) or during business hours, you may call Jon Pederson at (916) 327-5981. You may also send email to portable@arb.ca.gov. The fax machine number is (916) 324-5864.

  33. PERP Reporting • Record Keeping Section 2458(b) • Registration Document must be with the unit • As a part of the rental agreement, you should attach the rental agreement to fulfill the “notification requirements” of this section • Obtain written acknowledgement that renter received the registration document • Ask and record where the renter plans to use the equipment

  34. PERP-Reporting • Record keeping began 1/2007- Each Transaction • Registration Number • Start and end dates • Hours of operation • Location of use • Maintain record for minimum of 5 years at a central location • Records must be made available upon request June, 2007

  35. PERP-Reporting Annual Report Section 2458(f) Begins March 1 2008 for all 2007 transactions Report Contents • Year • For each engine • Registration Number • Documented total hours of use • Breakdown of usage by counties June, 2007

  36. PERP • Section 2459 details notification requirements for equipment units to be located at a site for more than 5 days. You should pass on this responsibility to the renter • For an STW projects, incorporate 2459(d) in the contract • If you rent equipment units, you should incorporate Section 2459(a) into your contract

  37. PERP Inspections and Testing-Section 2460 • Each district shall inspect all engines and equipment units and a mandatory fee is set • With 45 days of issuance of registration, owner must contact local district to arrange inspection • At least 80% of inspections must be at yard • Multiple inspections qualify for a discount • Source testing could be required for Tier 0 engines

  38. Fleet Average Example

  39. Question on Portable Engines

  40. Proposed Mobile In-Use Off-Road Rule “Equipment You Drive”

  41. Mobile In-Use • Applies to 25 hp and larger off-roadDiesel mobile engines (affected fleet) • Off-road means cannot be driven safely on road • Construction, mining, rental, landscaping, landfilling, industrial, mobile oil drilling rigs • Does not include rail, marine, agriculture and dedicated snow removal

  42. Mobile In-Use Private Fleet Types • Small: California small business with less than 1501 hp in its affected fleet • Large: Affected fleet with more than 5,000 hp • Medium: All other affected fleets • Fleet size: Sum of all affected hp from business’s California operations

  43. Mobile In-Use • Exempted Vehicles • Low Use- Less than 100 annual hours annual use • Specialty vehicles • Emergency vehicles

  44. Mobile In -Use Fleet Average Requirements • Large and Medium Fleets: Meet NOX and PM fleet averages • Small Fleet: Meet PM fleet average only • Fleets doing 100% business in attainment areas (Captive attainment area fleet): Meet PM fleet average only • No engine Tier limitations • Emission Credits for averaging • Electric and alternative fueled vehicles

  45. Mobile In-Use Averaging Calculation • Average can be statewide or by location • Weighted emission average by horsepower - ARB provides emission factors to be used for all engines • Emission targets - ARB provides targets for all years beginning in 2010 • Fleet average cannot exceed either NOX or PM target

  46. Mobile In-Use • Impact on Rental Fleets: • If a fleet contains models with 11 model years or less equally distributed over model years, it will probably pass the fleet average requirements • For lower horsepower fleets, NOX is limiting • For larger horsepower fleets, PM is limiting • If a fleet fails the averaging requirements, it must comply through Best Available Control Technology (BACT)

  47. Mobile In-Use Fleet Size Changes with Averaging • Rules for changing fleet categories related to reporting • Rules for movement in and out of the state during a given year • Fleets can grow and shrink as long as averaging requirements are “continuously” met

  48. Mobile In-Use BACT Requirements If fleet fails NOX average • Replace 8%( until 2015) and 10% (after March 1 2015) of fleet annually with higher Tier vehicles ( can be used vehicles) • If SCR becomes available, it can be used instead of replacement • Owner can bank credits for early retirement • Order of turnover rules • Vehicles less than 10 years old exempt

  49. Mobile In-Use BACT Requirements Test fleet PM average • If fails, retrofit 20% vehicles annually with VDECS (state approved particulate filters with 50% or more efficiency) • Owner can bank credits for early retrofit • Exempt if VDECS not available or make for unsafe operation • Order and replacement of retrofit rules • VDECS less than 6 years old exempt

  50. Mobile In-Use Adding vehicles under BACT • Fleets can grow and shrink • Can add vehicles if Tier 2 or higher • All fleets: emission factor equal to or less than current fleet target for PM • Large and Medium fleets: emission factor equal to or less than current fleet target for NOX

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