Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Reporting Requirements.
(1) An operator required to report pursuant
to subsection (a)(5), (d)(1)(D), (e)(1)(D), or (g)(1)(A) of section
2775.1 must comply with all
applicable requirements set forth in section
2775.2, subsection (a).
(2) An operator required to report pursuant
to section
2775.1, subsection (a)(5) must
submit to the Executive Officer:
(A) an
Initial Report, which includes all applicable information specified in section
2775.2, subsection (a)(4), by June
30, 2017, or within 60 calendar days of first becoming subject to the fleet
average emission level (FAEL) standards; and
(B) an attestation, between June 1 and June
30 of each year subsequent to the submittal of the Initial Report, that all
reported information is true, accurate, and complete. If no changes to the
fleet have occurred in the past 12-month period, the operator must confirm that
there have been no changes since the previous reporting.
(3) An operator required to report pursuant
to subsection (d)(1)(D), (e)(1)(D), or (g)(1)(A) of section
2775.1 must submit to the
Executive Officer, for each piece of affected equipment:
(A) all applicable information specified in
subsection (a)(4) of this section, including hour meter readings, prior to the
operation of the equipment; and
(B)
hour meter readings and total hours of operation, as specified in subsection
(a)(4)(B)15 of this section, by June 30 of each year subsequent to the year the
piece of equipment was initially reported.
(4) An operator required to report in
accordance with this section must provide the following information:
(A) Fleet Operator Information, which
includes:
1. Fleet operator name;
2. Corporate parent name, if
applicable;
3. Company
address;
4. Contact name;
5. Contact phone number; and
6. Contact e-mail
address;
(B) For each
piece of equipment:
1. Existing Equipment
Identification Number (EIN), if applicable;
2. Equipment type;
3. Equipment model year;
4. Equipment manufacturer;
5. Equipment model;
6. Equipment serial number;
7. Equipment lift capacity, if the piece of
equipment is a forklift;
8. Date
equipment entered fleet;
9. Date
equipment removed from operation, if applicable;
10. Final hour meter reading of equipment
removed from operation, if applicable; and
11. Exemption type (Limited Hours of Use,
Specialty Equipment, or Experimental Emission Control Strategy), if
applicable;
12. For equipment
equipped with a large spark-ignition engine:
a. Engine model year;
b. Engine manufacturer;
c. Engine model;
d. Engine serial number;
e. Engine displacement;
f. Applicable emission certification
standard,
g. United States
Environmental Protection Agency family name, if available;
h. Horsepower or kilowatt rating;
and
i. Fuel
type;
13. For equipment
equipped with a retrofit device:
a. Verified
HC+NOx reduction level;
b. Device
manufacturer;
c. Device model;
and
d. Device serial number, if
available;
14. For
zero-emission equipment:
a. Power source
(e.g., battery, fuel cell, etc.);
b. Battery or fuel capacity (e.g., amp-hour,
kilograms, etc.); and
c. Operating
voltage;
15. For
equipment operating under subsection (d)(1) or (e) of section
2775.1:
a. Hour meter reading recorded on January 1
of the previous year;
b. Hour meter
reading recorded on December 31 of the previous year; and
c. Total hours of operation during the
previous calendar year.
(5) An operator required to report pursuant
to subsection (a)(5), (d)(1)(D), (e)(1)(D), or (g)(1)(A) of section
2775.1 must:
(A) submit an attestation, when information
is reported to the Executive Officer pursuant to subsection (a) of this
section, that all reported information is true, accurate, and
complete;
(B) notify the Executive
Officer of any changes to the fleet and provide the necessary information to
fulfill the operator's reporting obligations under section
2775.2, subsection (a), within 30
calendar days of such change (Applicable changes include, but are not limited
to, equipment removals or additions, repowers, retrofit device installations or
removals, and changes in exemption status); and
(C) retain, at the operator's facility,
records of all applicable information specified in subsection (a) of this
section for at least five (5) years after the information is
reported.
(D) operators that
maintain multiple facilities may aggregate the records at a centralized
facility or headquarters. Records for all equipment at all facilities must be
made available to the Air Resources Board within 30 calendar days upon request.
Compliance staff may then select a facility sample for inspection
purposes.
(6)
Transfer or Sale of Equipment. An operator required to report
pursuant to subsection (a)(5), (d)(1)(D), (e)(1)(D), or (g)(1)(A) of section
2775.1, who transfers the
ownership of a piece of equipment subject to this article in California, must:
(A) notify the Executive Officer as required
by subsection (a)(5)(B) of this section:
(B) submit to the Executive Officer the date
of transfer and final hour meter reading; and
(C) convey to the transferee upon transfer,
equipment records, including all information required to be reported under
subsections (a)(4)(B)1. through (a)(4)(B)14. of this section, such as
equipment, engine, and retrofit device information.
(7) Reporting must be submitted
electronically per the guidelines approved by the Executive Officer for
electronic data reporting or by mail to the following address:
CALIFORNIA AIR RESOURCES BOARD
MOBILE SOURCE CONTROL DIVISION (LARGE SPARK-IGNITION
ENGINE)
P.O. BOX 2815
SACRAMENTO, CALIFORNIA 95812
(b)
Labeling Requirements.
(1) An operator required to label one or more
pieces of equipment pursuant to subsection (a)(6), (d)(1)(E), (e)(1)(E), or
(g)(1)(B) of section
2775.1 must:
(A) report all necessary fleet and equipment
information to the Executive Officer in accordance with subsection (a) of this
section (a unique EIN will be assigned to each piece of equipment once
reported);
(B) affix at least one
EIN label to each piece of affected equipment within 30 days of receiving the
EIN for such equipment;
(C)
maintain all labels affixed pursuant to section
2775.2, subsection (b), so that
they remain permanently affixed to the equipment and the legibility and
visibility criteria set forth in section
2775.2, subsection (b)(2) are met
at all times;
(D) label each piece
of equipment correctly with its assigned EIN; and
(E) maintain records of the equipment
purchase date or the date the equipment enters the fleet for newly purchased or
acquired equipment that has not yet been labeled pursuant to section
2775.2, subsection
(b).
(2)
Label
Specifications. Each label affixed pursuant to subsection (b) of this
section must meet all the following specifications:
(A) Each label must contain the assigned
EIN;
(B) The label must be
permanently affixed to the piece of equipment. The label may be applied as a
decal or painted directly onto the piece of equipment;
(C) The EIN must be in white on a red
background;
(D) The label must be
located in clear view on the outside of the equipment approximately 5 feet
above the ground, or, if the equipment is not at least 5 feet tall, as high
above the ground as it may be placed on the equipment in a location where it
remains visible;
(E) Each character
of the EIN must be at least 3 inches (7.6 centimeters) in height and 1.5 inches
(3.8 centimeters) in width; and
(F)
Each character of the EIN must remain legible for the entire life of the
equipment.
(c)
Agricultural crop preparation services fleets shall be required to demonstrate
at any time on or after January 1, 2009, based on actual inventory and
reconciled against inventory records, that they have addressed their 1990 and
newer uncontrolled LSI engines as prescribed in section
2775.1, subsection (c).
(d)
Compliance Extensions.
An operator may be granted an extension to a compliance deadline specified in
section 2775.1 for one of the following
reasons:
(1) Compliance Extension based on No
Verified LSI Retrofit Emission Control System.
(A) If the Executive Officer has not verified
a LSI Retrofit Emission Control System, or if one is not commercially available
for a particular engine and equipment combination, the Executive Officer may
grant a two-year extension in compliance if prior to each compliance deadline
specified in subsections (a), (c), and (d) of section
2775.1, the Executive Officer
finds that insufficient numbers of LSI Retrofit Emission Control Systems are
projected to be available. If the Executive Officer still finds that
insufficient numbers of LSI Retrofit Emission Control Systems are projected to
be available near the end of the first two-year extension, the Executive
Officer may grant a subsequent two-year extension in compliance. At the
conclusion of the approved extension(s), the operator must include the LSI
piece of equipment in their FAEL standards calculations.
(2) Compliance Extensions for GSE.
(A) Compliance Extension based on no Verified
or Commercially Available Retrofit Emission Control Systems for GSE. GSE of
model year 1990 or newer with an uncontrolled LSI engine for which there is no
verified retrofit as of January 1, 2007, or for which such verified retrofits
are not commercially available by that date, shall be excluded from the GSE
fleet average emission level standards contained in section
2775.1, subsection (a) until
January 1, 2011. GSE of model year 1990 or newer with an uncontrolled LSI
engine for which there is still no verified retrofit as of January 1, 2009, or
for which such verified retrofits are not commercially available by that date,
shall be excluded from the GSE fleet average emission level standards contained
in section
2775.1, subsection (a) until
January 1, 2013.
(B) Other
Compliance Extensions for GSE. Operators may apply to the Executive Officer for
an initial compliance extension of up to two years and one or more compliance
extension renewals of up to one year in circumstances other than those
addressed in subsection (e)(2)(A) above. The Executive Officer shall grant such
applications if the applicant has made a good faith effort to comply with the
fleet average emission level standards contained in section
2775.1, subsection (a), in advance
of the compliance dates contained in the same section and documents either that
it meets one of the following criteria independently, or that, when considering
any combination of the criteria, the documentation justifies granting the
application:
(i) due to conditions beyond the
reasonable control of the applicant, sufficient numbers of tested and reliable
emission-controlled GSE are not projected to be available at a commercially
reasonable cost;
(ii) due to
conditions beyond the reasonable control of the applicant, use of available
emission-controlled GSE would result in significant operational or safety
issues; or
(iii) any other
criterion that reasonably relates to whether the application should be
granted.
(C) Compliance
extensions granted under subsections (e)(2)(A) and (e)(2)(B) shall not extend
beyond January 1, 2013. After January 1, 2013, all uncontrolled GSE shall be
included in calculations for determining compliance with the GSE fleet average
emission level standards contained in section
2775.1, subsection
(a).
(3) If an extension
to the compliance deadline is granted by the Executive Officer, the operator
shall be deemed to be in compliance as specified by the Executive Officer's
authorization.
(e)
Continuous Compliance. An operator is required to keep his
equipment in compliance with this regulation, once it is in compliance, so long
as the operator is operating the equipment in California.
(f)
Non-Compliance. Any
operator who fails to comply with the requirements of this regulation, who
fails to maintain a label so that it meets all specifications set forth in
section 2775.2, subsection (b)(2), or to
submit any information, report, or statement required by this regulation, or
who knowingly submits any false statement or representation in any application,
report, statement, or other document filed, maintained, or used for the
purposes of compliance with this regulation may be subject to civil or criminal
penalties under sections 39674, 39675, 42400, 42400.1, 42400.2, 42400.3,
42402.1, 42402.2, 42402.3, 42402.4, and 43016, of the Health and Safety Code or
otherwise provided for by law. Such penalties shall apply on a per engine or
equipment unit basis. Each day in which there is a violation shall be a
separate violation.
(g)
Severability. If any provision of this section or the
application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the section
that can be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
1. New
section filed 4-12-2007; operative 5-12-2007 (Register 2007, No.
15).
2. Amendment of subsections (b) and (e)(1)(A) filed 12-14-2011;
operative 12-14-2011 pursuant to Government Code section 11343.4 (Register
2011, No. 50).
3. Amendment of section and NOTE filed 6-20-2017;
operative 6-20-2017 pursuant to Government Code section 11343.4(b)(3) (Register
2017, No. 25).
Note: Authority cited: Sections 39001, 39002, 39003,
39500, 39600, 39601, 39602.5, 39607, 39658, 43000, 43011, 43013, 43018, 43101,
43102, 43104, 43150, 43151 and 43600, Health and Safety Code. Reference:
Sections 39001, 39002, 39003, 39500, 39600, 39602.5, 39607, 39658, 43000.5,
43009, 43011, 43013, 43017, 43018, 43101, 43102, 43104 and 43151, Health and
Safety Code.
