California Air Resources Board
Regulations
John McClelland
Mike Graboski
June, 2007
1
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
2
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
3
Link Between Engine
Emissions and NAAQS
NOX (exhaust) + atmospheric gases =
PM2.5
NOX, Hydrocarbon (exhaust) +
atmospheric gases = ozone
June, 2007
4
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
5
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
6
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
June, 2007
7
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
8
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
9
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
10
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
11
Off Road Engine Tiers by Date
Min hp
Max hp
25
49
50
74
75
99
Tier
1
2
3
4I
4
June, 2007
100
174
175
299
300
599
600
749
>= 750
Engine Model Year
1999
2004
1998
2004
2008
2013
2008
2013
1998
2004
2008
1997
2003
2007
1996
2003
2006
1996
2001
2006
1996
2002
2006
2000
2006
2012
2012
2011
2011
2011
2011
12
Off-road SI Standards by Date
Engines with > 1 liter Displacement
2007 Model Year Standard
2010 Model Year Standard
June, 2007
13
Questions?
June, 2007
14
Portable Equipment
Regulations
“Equipment You Tow”
June, 2007
15
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
16
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
17
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
18
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
19
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
20
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
21
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
22
PERP
•
•
•
Eligible Engines – New Registration
Certified diesel engine
Certified spark-ignition engine
Must be one of the following:
1. Most stringent emission standard engine
2. Flexibility Engine
3. Resident Engine
•
Must have non-resettable hour meter
June, 2007
23
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
24
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
25
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
26
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
27
PERP
How to Register
http://www.arb.ca.gov/portable/perp/perp.htm
Forms
1. General Information
1-A. Fee Calculation
2.
Engine Data
2-A. Proof of Residency
3-A through 3-F Equipment Unit
7. Modification to Existing Registration (ownership)
8. Administrative Actions for Existing Registrations
June, 2007
28
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
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
June, 2007
30
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
June, 2007
31
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.
June, 2007
32
PERP
Reporting
1. Record Keeping Section 2458(b)
–
–
–
–
June, 2007
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
33
PERP-Reporting
–
Record keeping began 1/2007- Each
Transaction
•
•
•
•
•
•
June, 2007
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
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
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
36
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
37
Fleet Average Example
June, 2007
38
Question on Portable Engines
June, 2007
39
Proposed Mobile In-Use OffRoad Rule
“Equipment You Drive”
June, 2007
40
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
41
Mobile In-Use
1.
2.
3.
4.
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
June, 2007
42
Mobile In-Use
• Exempted Vehicles
– Low Use- Less than 100 annual hours annual
use
– Specialty vehicles
– Emergency vehicles
June, 2007
43
Mobile In -Use
Fleet Average Requirements
1.
2.
3.
4.
5.
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
June, 2007
44
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
45
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
46
Mobile In-Use
Fleet Size Changes with Averaging
1. Rules for changing fleet categories
related to reporting
2. Rules for movement in and out of the
state during a given year
3. Fleets can grow and shrink as long as
averaging requirements are
“continuously” met
June, 2007
47
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
June, 2007
48
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
June, 2007
49
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
50
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
51
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
52
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
53
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
June, 2007
54
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
Mobile In-Use
• Averaging examples
June, 2007
56
Questions on Mobile In-Use OffRoad Equipment
June, 2007
57
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)
June, 2007
58
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
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
June, 2007
61
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
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
63
Questions for in-Use On-Road
Trucks
June, 2007
64
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
65
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
66
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
67
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
68
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
69
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
70
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
71
Toxic Hot Spots
• You do not want your rental
yard to be a hot spot!
June, 2007
72
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
73
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
74
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
75
Toxic Hot Spots
• Mobile diesel equipment is not considered
under “facility” definition
June, 2007
76
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
77
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
78
Toxic Hot Spots
Hot Spot Example
June, 2007
79
All Remaining Questions
June, 2007
80