california air resources board regulations
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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) - PowerPoint PPT PresentationTRANSCRIPT
June, 2007 1
California Air Resources Board Regulations
John McClelland
Mike Graboski
June, 2007 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
June, 2007 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
June, 2007 4
Link Between Engine Emissions and NAAQS
NOX (exhaust) + atmospheric gases = PM2.5
NOX, Hydrocarbon (exhaust) + atmospheric gases = ozone
June, 2007 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
June, 2007 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
June, 2007 7
Diesel Risk Reduction Program
http://www.arb.ca.gov/diesel/dieselrrp.htm1983: 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
June, 2007 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
June, 2007 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
June, 2007 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
June, 2007 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)
June, 2007 12
Off Road Engine Tiers by Date
Min hp 25 50 75 100 175 300 600Max hp 49 74 99 174 299 599 749 >= 750
Tier Engine Model Year
1 1999 1998 1998 1997 1996 1996 1996 20002 2004 2004 2004 2003 2003 2001 2002 20063 2008 2007 2006 2006 20064I 2008 20084 2013 2013 2012 2012 2011 2011 2011 2011
June, 2007 13
Off-road SI Standards by Date
Engines with > 1 liter Displacement
2007 Model Year Standard
2010 Model Year Standard
June, 2007 14
Questions?
June, 2007 15
Portable Equipment Regulations
“Equipment You Tow”
June, 2007 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
June, 2007 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
June, 2007 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
June, 2007 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
June, 2007 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
June, 2007 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
June, 2007 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
June, 2007 23
PERP
Eligible Engines – New Registration• Certified diesel engine• Certified spark-ignition engine• Must be one of the following:
1. Most stringent emission standard engine2. Flexibility Engine3. Resident Engine
• Must have non-resettable hour meter
June, 2007 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
June, 2007 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
June, 2007 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
June, 2007 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
June, 2007 28
PERP
How to Registerhttp://www.arb.ca.gov/portable/perp/perp.htm
Forms1. General Information1-A. Fee Calculation2. Engine Data2-A. Proof of Residency3-A through 3-F Equipment Unit7. Modification to Existing Registration (ownership)8. Administrative Actions for Existing Registrations
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
June, 2007 30
PERP
1. Most Current Tier Engine– Fill out forms 1, 1-A, 22. Flexibility Engine– Fill out forms 1, 1-A, 2 and provide a photograph
of the Engine Tag proving flexible engine3. Resident Engine– Fill out forms 1, 1-A, 2, 2-A4. Equipment Unit– In addition to the engine forms, fill out
appropriate form 3A through 3F
June, 2007 31
PERP
Fees
For most current Tier and Flexibility Engines see
http://www.arb.ca.gov/portable/perp/fees.htm
For Resident Engines seehttp://www.arb.ca.gov/portable/perp/fee_tables.htm
June, 2007 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 [email protected]. The fax machine number is (916) 324-5864.
June, 2007 33
PERP
Reporting1. 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
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
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
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
June, 2007 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
June, 2007 38
Fleet Average Example
June, 2007 39
Question on Portable Engines
June, 2007 40
Proposed Mobile In-Use Off-Road Rule
“Equipment You Drive”
June, 2007 41
Mobile In-Use
• Applies to 25 hp and larger off-road Diesel 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
June, 2007 42
Mobile In-Use
Private Fleet Types1. Small: California small business with
less than 1501 hp in its affected fleet2. Large: Affected fleet with more than
5,000 hp3. Medium: All other affected fleets4. Fleet size: Sum of all affected hp from
business’s California operations
June, 2007 43
Mobile In-Use
• Exempted Vehicles– Low Use- Less than 100 annual hours annual
use– Specialty vehicles – Emergency vehicles
June, 2007 44
Mobile In -Use
Fleet Average Requirements1. Large and Medium Fleets: Meet NOX and PM fleet
averages2. Small Fleet: Meet PM fleet average only3. Fleets doing 100% business in attainment areas
(Captive attainment area fleet): Meet PM fleet average only
4. No engine Tier limitations5. Emission Credits for averaging
– Electric and alternative fueled vehicles
June, 2007 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
June, 2007 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)
June, 2007 47
Mobile In-Use
Fleet Size Changes with Averaging1. Rules for changing fleet categories
related to reporting2. Rules for movement in and out of the
state during a given year3. Fleets can grow and shrink as long as
averaging requirements are “continuously” met
June, 2007 48
Mobile In-Use
BACT RequirementsIf 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
June, 2007 49
Mobile In-Use
BACT RequirementsTest 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
June, 2007 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
June, 2007 51
Mobile In-Use
BACT Tier 1 Provision
• If no exempted Tier 0 vehicles in fleet, no turnover requirements until 2013
• Retrofit still required for PM
June, 2007 52
Mobile In-Use
Labeling and Enforcement Responsibility
1. All vehicles must be labeled according to ARB specifications
2. ARB assigns numbers
3. No “registration” requirements or fees
4. ARB not districts enforce
June, 2007 53
Mobile In-Use
Reporting
• Initial Reporting: – Initial report due in 2009, date depending on
fleet size– ARB plans to provide computerized
standard form
June, 2007 54
Mobile In-Use
Compliance Reporting• Record Keeping 2449(g), 2449(h)• Annual report due date depends on fleet size• Starting date: Large-2010, Medium 2013, Small
2015• Ending date:
– Large and medium fleets 2020 if Tier 4 compliant or later
– Small fleet 2025 if Tier 4 compliant or later
New and Merged Fleets
• New Fleet: Must meet averaging beginning 3 months after entering the state
• Entire fleet transferred by sale to a previous non-fleet owner keeps its status (averaging or BACT) till next reporting year
• Entire fleet transferred by sale to fleet owner; if fleets are both complying, no conditions until next reporting period
• Portions of fleets added to existing fleets must meet fleet addition rules
June, 2007
June, 2007 56
Mobile In-Use
• Averaging examples
June, 2007 57
Questions on Mobile In-Use Off-Road Equipment
June, 2007 58
On-Road In Use Diesel Trucks
• Regulatory concepts published but no regulatory language
• Will apply to private fleets of on-road medium and heavy duty vehicles (>14,000 GVWR)
• “Trucks bigger than F-350”• Will apply to all vehicles traveling in
California (???? To enforce)
Concepts
• Exempt Vehicles– 1000 mile per year or less– 2007 or newer engine
June, 2007
Proposed Concepts
• Fleet Average ( 5 or more vehicles)– Declining NOX and PM targets– NOX permits some pre-2007 engines in fleet
through 2020– All vehicles need a filter by 2015 to meet
averaging
June, 2007
June, 2007 61
BACT
• If you trucks are 2007 and newer, no requirements
• BACT means retrofit of pre 2007 trucks• Vehicles by model year w Compliance Start• Group 1: 65-94 Compliance Date 12/09• Group 2: 95-97Compliance Date 12/10• Group 3 98-99 Compliance Date 12/11• Group 4 00-02 Compliance Date 12/12• Group 5: 03-06 Compliance Date 12/13
Proposed Concepts
• BACT Phase out schedule in development
• BACT Approaches– Retrofit to 2007 standard or other for NOX
and PM– Use 2007 engine– Retire vehicle
June, 2007
June, 2007 63
On-Road In Use Trucks
• SIP and Diesel Risk Reduction Plan targets have been assigned
• Rule will provide assigned requirements.
• Next possible workshop in July
• Rule will begin in 2008 or 2009
• Rule will consider Toxic Hot Spots
• Staff is collecting and analyzing fleet data
June, 2007 64
Questions for in-Use On-Road Trucks
June, 2007 65
Large Spark Ignition Engines Fleet Requirements (LSI)
• Article 1 applies to engine manufacturers• Article 2 beginning with section 2775 applies to
fleets• Applies to 25 and greater horsepower• Approved in April 2007 by OAL• Gasoline and propane powered Otto cycle
mobile (e.g. forklifts and turf care equipment ) and portable equipment (generator sets)
June, 2007 66
Large Spark Ignition Engines
• All pre 2001 and 50% of 2001 to 2003 engines are uncontrolled
• First standards in 2004• New very low emission standards in 2007 and
2010• Establishes declining fleet averages beginning
in 2009• Attempts to force retrofit and replacement of
uncontrolled equipment
June, 2007 67
Large Spark Ignition Engines
Who must meet this regulation?• Applies to fleet operators with owned equipment and
equipment leased or rented for more than 1 year period• Operator “means a person with legal right of
possession and use of LSI engine equipment other than a person whose usual and customary business is the rental or leasing of LSI engine equipment. Operator includes a person whose usual and customary business is the rental and leasing of LSI engine equipment for ant LSI engine equipment not solely possessed or used for rental or leasing”
June, 2007 68
Large Spark Ignition Engines
• Rental fleets have no direct regulatory requirements as long as equipment is used exclusively for rental or leasing
• Don’t use LSI equipment in the yard unless you are a small LSI fleet
• Rental fleets are impacted by how renters can use their equipment
June, 2007 69
Large Spark Ignition Engines
• For rental equipment:– Renter need not average short term rental into his
fleet if it meets 2004 standards between 1/1/2009 and 12/31/2010
– Renter need not average short term rental into his fleet if engine meets 2007 standard or higher after 12/31/2010
– If rental company has “new equipment”, fleet operator may benefit by averaging rental in
June, 2007 70
Small Off-Road Engines (SORE)
• Applies to gasoline fueled under 25 hp engines
• This rule is related to the manufacture and selling of certified equipment
• There are currently no in-use rules related to SORE that impact rental businesses
June, 2007 71
Toxic Hot Spots Rule
• Air Toxic Hot Spots: Authorized by AB 2588, September 1987
• Controls routine release of toxic emissions from facilities located close to receptors like homes, schools and hospitals
• Rental Yards might be “facilities” • Rule applies to individual yards, not statewide
fleets
June, 2007 72
Toxic Hot Spots
• You do not want your rental yard to be a hot spot!
June, 2007 73
Toxic Hot Spots
• “Facilities” applies to stationary equipment in rental yard
• Diesel stationary equipment operated more than a total of 20 cumulative hours per year could result in a hot spot designation
• Portable diesel equipment is considered to be stationary equipment for this rule
June, 2007 74
Toxic Hot Spots
Stationary Engines• Rule is in effect • Enforced by local district• Refers to any diesel equipment fixed in your
yard. Such applications could be sump pumps, pressure washers, generators, air compressors etc.
• Refers to any stationary spark engine allowed but emissions are much greater
June, 2007 75
Toxic Hot Spots
Portable Engines• For hot spots, all portable diesel engines, count,
including engines above and below 50 hp • Hot spot designations based upon portable
engines start in 2010• Before 2010, you are exempted from
controlling emissions from portable diesel engines
June, 2007 76
Toxic Hot Spots
• Mobile diesel equipment is not considered under “facility” definition
June, 2007 77
Toxic Hot Spots
20 Hour Criteria• Actually, the allowed hours of operation
depends on how close the nearest receptor is, how large your fleet is, how dirty the fleet is, and home many hours you operate the fleet
• Practically, you might have no problems if nearest receptor is 500 to 1000 feet from the source and/or your “stationary” equipment is high Tier
June, 2007 78
Toxic Hot Spots
What do you need to do?
It is the local district’s responsibility to ask you for compliance data.
If you are located in a metropolitan area, and especially the South Coast:– Minimize all diesel operation on your site
– Do not give neighbors reason to call inspector
– Quantify your diesel emissions from your “stationary” sources
June, 2007 79
Toxic Hot Spots
Hot Spot Example
June, 2007 80
All Remaining Questions