Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Purpose.
The purpose of this regulation is to provide an
administrative mechanism for the State of California to receive credit towards
the State Implementation Plan (SIP) requirements for emission reductions
achieved in the San Joaquin Valley Air Pollution Control District from
incentive-funded mobile agricultural equipment projects that are implemented
using the Carl Moyer Program guidelines. This regulation will complement San
Joaquin Valley Air Pollution Control District's Rule 9610, adopted by their
governing board on June 20, 2013, which provides an administrative mechanism
for the San Joaquin Valley Air Pollution Control District to receive credit
toward SIP requirements for emissions reductions achieved in the San Joaquin
Valley through incentive programs administered by the district, the U.S.
Department of Agriculture Natural Resources Conservation Service, or the Air
Resources Board (ARB). The two rules together ensure that emission reductions
achieved through incentive programs in the San Joaquin Valley are eligible to
become credited to SIP when quantified and included in a SIP amendment adopted
by ARB and approved by United States Environmental Protection Agency (U.S. EPA)
in accordance with the requirements of the federal Clean Air Act (CAA).
Other California Air Pollution Control Districts or Air
Quality Management Districts (District) may opt-in if the District governing
board notifies the Executive Officer of the intent to participate, adopts a
local rule that complies with the requirements of this regulation, and submits
the local rule to ARB for approval. Upon approval, ARB will submit the local
rule to U.S. EPA. Upon approval of the local rule by ARB and U.S. EPA, emission
reductions that are determined to be eligible for SIP credit under this
proposed regulation become credited to the SIP when quantified and included in
a SIP amendment adopted by ARB and approved by U.S. EPA in accordance with the
requirements of the CAA.
(b)
Applicability.
This proposed regulation applies to emission reductions
achieved from voluntary incentive-funded mobile agricultural equipment projects
implemented using incentive program guidelines and administered or implemented
by ARB or the District.
(c)
Definitions.
(1)
"Agricultural
operations" means
(1) the
growing or harvesting of crops from soil (including forest operations) and the
raising of plants at wholesale nurseries (but not retail nurseries), or the
raising of fowl or animals for the primary purpose of making a profit,
providing a livelihood, or conducting agricultural research or instruction by
an educational institution, or (2) agricultural crop preparation services such
as packinghouses, cotton gins, nut hullers and processors, dehydrators, and
feed and grain mills. Agricultural crop preparation services include only the
first processing after harvest, not subsequent processing, canning, or other
similar activities. For forest operations, agricultural crop preparation
services include milling, peeling, producing particleboard and medium density
fiberboard, and producing woody landscape materials.
(2)
"Air Pollution Control Officer
(APCO)" means the District Air Pollution Control Officer, Executive
Director, Executive Officer or designee.
(3)
"Air Resources Board (ARB or
CARB)" means the California State Air Resources Board as established
by Health and Safety Code section 39510.
(4)
"Carl Moyer Program"
means the Carl Moyer Memorial Air Quality Standards Attainment Program, as
defined by California Health and Safety Code Sections 44275- 44299.2.
(5)
"Clean Air Act (CAA)"
means the Clean Air Act, United States Code, Title 42, Chapter 85.
(6)
"Contract" means a
legally binding document including, but not limited to, contracts, grants,
vouchers, rebates, loans, and loan guarantees signed by ARB or a District and
the funding recipient to fund an incentive program project for the purpose of
reducing emissions. Contracts include provisions for ensuring that the emission
reductions occur, including, but not limited to, actions that the funding
recipient must take to achieve the emission reductions for the project,
deadlines, inspection and monitoring requirements, non-performance penalties,
and contract term.
(7)
"District" means a local air pollution control district or air
quality management district.
(8)
"Enforceable" means emission reductions are enforceable if the
incentive program guidelines include provisions for ensuring the following:
(A) The emission reductions are independently
and practicably verifiable through reporting, inspections, monitoring, or other
mechanisms;
(B) Incentive program
violations are defined through legally binding contracts, including identifying
the party or parties responsible for ensuring that emission reductions are
achieved;
(C) Funding recipients
are obligated to provide all records needed to demonstrate that emission
reductions are achieved; and
(D)
The District provides public access to all emissions-related information for
reductions claimed.
(9)
"Executive Officer" means ARB Executive Officer.
(10)
"Funding recipient"
means a person, business, association, public agency, or other entity that
enters into a contract with ARB or a District to reduce emissions under an
incentive program.
(11)
"Incentive program" means a program that reduces emissions by
promoting the adoption of lower emitting mobile agricultural equipment through
the distribution of funds to a funding recipient who chooses to voluntarily
participate in the program.
(12)
"Incentive program guidelines" means administrative
procedures, emission reductions quantification methodologies, eligibility
criteria, cost-effectiveness criteria, reporting practices, and other
procedures and methodologies used to implement incentive programs, as described
in Section (e).
(13)
"Inspection" means a physical examination by an APCO of mobile
agricultural equipment under contract as part of an incentive
program.
(14)
"Mobile
agricultural equipment" means diesel-fueled, self-propelled, off-road
equipment or vehicles with greater than 25 horsepower that are used in
agricultural operations. For the purposes of this regulation, an equipment or
vehicle that is used by its owner for both agricultural and nonagricultural
operations is considered to be an equipment or vehicle engaged in agricultural
operations only if over half of its annual operating hours are for agricultural
operations.
(15)
"Operating
hours" means hours of mobile agricultural equipment use.
(16)
"Permanent" means
actions are taken to physically destroy or disable forever the older, dirtier
mobile agricultural equipment to ensure the reduction of emissions for the
duration of the project life.
(17)
"Project" means actions taken to reduce emissions through
incentive programs, as contracted between the funding recipient and ARB or a
District. Such actions include, but are not limited to, replacements,
retrofits, or repowers for one or more pieces of mobile agricultural
equipment.
(18)
"Project
life" means the period of time over which an incentive program project
achieves emission reductions that are surplus, quantifiable, enforceable, and
permanent. Project life must not exceed the useful life of mobile agricultural
equipment funded through incentive programs and may vary across incentive
programs and project types.
(19)
"Project type" means the type of mobile agricultural equipment
funded through incentive programs.
(20)
"Quantifiable" means
emission reductions can be reliably determined through the use of
well-established, publicly available emission factors and calculation
methodologies, as outlined in applicable incentive program
guidelines.
(21)
"San
Joaquin Valley Air Pollution Control District" means the regional
governing authority that has primary responsibility for air quality management
in eight counties including the entire counties of Fresno, Kings, Madera,
Merced, San Joaquin, Stanislaus, Tulare, and the western portion of Kern
County.
(22)
"SIP
attainment demonstration" means the technical control measures,
analyses, and emission reduction commitments that show how a nonattainment area
will meet a National Ambient Air Quality Standard by the applicable
deadline.
(23)
"State
Implementation Plan (SIP)" means a plan which provides for
implementation, maintenance, and enforcement of National Ambient Air Quality
Standards promulgated by U.S. EPA.
(24)
"Surplus" means
emission reductions that are not otherwise required by any federal, state, or
local regulation, or other legal mandate, and are in excess of the baseline
emission inventory, attainment year, and progress milestone year forecasts that
include adopted regulations.
(25)
"U.S. EPA" means United States Environmental Protection
Agency.
(26)
"Western
Portion of Kern County" means that portion of Kern County which lies
west and north of a line described as follows: beginning at the Kern-Los
Angeles County boundary and running north and east along the northwest boundary
of the Rancho La Libre Land Grant to the point of intersection with the range
line common to R. 16 W. and R. 17 W., San Bernardino Base and Meridian; north
along the range line to the point of intersection with the Rancho El Tejon Land
Grant boundary; then southeast, northeast, and northwest along the boundary of
the Rancho El Tejon Land Grant to the northwest corner of S. 3, T. 11 N., R. 17
W.; then west 1.2 miles; then north to the Rancho El Tejon Land Grant boundary;
then northwest along the Rancho El Tejon line to the southeast corner of S. 34,
T. 32 S., R. 30 E., Mount Diablo Base and Meridian; then north to the northwest
corner of S. 35, T. 31 S., R. 30 E.; then northeast along the boundary of the
Rancho El Tejon Land Grant to the southwest corner of S. 18, T. 31 S., R. 31
E.; then east to the southeast corner of S. 13, T. 31 S., R. 31 E.; then north
along the range line common to R. 31 E. and R. 32 E., Mount Diablo Base and
Meridian, to the northwest corner of S. 6, T. 29 S., R. 32 E.; then east to the
southwest corner of S. 31, T. 28 S., R. 32 E.; then north along the range line
common to R. 31 E. and R. 32 E. to the northwest corner of S. 6, T. 28 S., R.
32 E., then west to the southeast corner of S. 36, T. 27 S., R. 31 E., then
north along the range line common to R. 31 E. and R. 32 E. to the Kern-Tulare
County boundary.
(d)
District Requirements.
The District must fulfill the requirements of Sections (e)
through (g) for emission reductions achieved from incentive-funded mobile
agricultural equipment projects implemented using incentive program guidelines
to be considered for SIP credit.
(e) Incentive Program Guidelines.
The District must use Carl Moyer Program Guidelines to fund
mobile agricultural equipment projects that result in emission reductions that
are surplus, quantifiable, enforceable, and permanent as defined in this
regulation. (2011 Carl Moyer Program Guidelines, approved April 28, 2011,
Chapters 1, 2, 3, 7, 9, Appendices A, B, C, D, E, F, G, and Off-Road Voucher
Incentive Program; 2008 Carl Moyer Program Guidelines, approved March 27, 2008,
Part I, Chapters 1, 2, 5, 7, Part III; Part IV Appendices A, B, C, D, E, F, G,
H; and 2005 Carl Moyer Program Guidelines, approved November 17, 2005, Part I;
Part II, Chapter 5: Part IV Appendices A, B, C, D, E, F, G; all as incorporated
by reference herein.)
(f)
Recordkeeping Requirements.
All documents created and used for incentive-funded mobile
agricultural equipment projects must be kept by an air district and maintained
as required by the incentive program guidelines. Consistent with the California
Public Records Act, such records shall be made available for public
review.
(g) Project
Monitoring Provisions.
(1) Each calendar year,
a District must monitor incentive-funded mobile agricultural equipment projects
implemented using incentive program guidelines to ensure projects are surplus,
quantifiable, enforceable, and permanent throughout the life of the
contract.
(2) The District must
allow ARB to conduct program reviews of incentive-funded mobile agricultural
equipment projects that are implemented and used for SIP credit. ARB will
conduct these reviews as specified in the 2011 Carl Moyer Program Guidelines,
Chapter 3, Section V., approved April 28, 2011; 2008 Carl Moyer Program
Guidelines, Part III of IV, Part F, approved March 27, 2008; and 2005 Carl
Moyer Program Guidelines, Part I of IV, Chapter 2, approved November 17, 2005,
which are hereby incorporated by reference.
(h) Opt-in Provisions.
Emission reductions achieved from incentive-funded mobile
agricultural equipment projects in Districts other than the San Joaquin Valley
Air Pollution Control District that are implemented using incentive program
guidelines are eligible to be considered to receive credit toward SIP
requirements.
(1) Districts must
notify the Executive Officer in writing of their intention to comply with the
requirements of this proposed regulation, and
(2) Districts must adopt a local rule that
complies with all requirements of this regulation, and
(3) Districts must submit their local rule to
ARB and U.S. EPA for approval to ensure compliance with this
regulation.
(i) ARB
Requirements.
ARB must annually report to U.S. EPA by November 30 the
participating Districts, programs, projects, and project data reported to ARB
per Carl Moyer Program Guidelines.
1. New
article 4.1 (section 2428) and section filed 10-8-2014; operative 1-1-2015
(Register 2014, No. 41).
Note: Authority cited: Sections
39001,
39003,
39500,
39515,
39516,
39600,
39601,
39602,
39602.5,
39659,
43000,
43000.5
and
44291,
Health and Safety Code. Reference: Sections
39002,
39515,
39516,
39600,
39601,
39602,
39602.5,
39650,
39656,
39657,
39658,
39659,
43000,
43000.5,
43018,
44280,
44281,
44282,
44282.5,
44283,
44287
and
44288,
Health and Safety Code.
