(a)
Purpose
The purpose of this section is to achieve additional
reductions of oxides of nitrogen (NOx) emissions from vehicles subject to this
regulation in California. The reductions must be surplus to those that would
otherwise be achieved through implementation of title 13, California Code of
Regulations, sections
2449, and
2449.1, Regulation for In-Use
Off-Road Diesel-Fueled Fleets (Off-Road regulation).
(b)
Applicability
(1)
District Applicability
-- Section
2449.2 applies to any air quality
management district or air pollution control district (jointly referred to
hereafter as air district) whose governing board elects to opt into the
provisions of this section as set forth in section
2449.2(f)
below.
(2)
Fleet
Applicability -- Section
2449.2 applies to a fleet that:
(A) Operates individual vehicles within the
air district;
(B) As of January 1,
2008, on a statewide level, consisted of more than 40 percent Tier 0 and Tier 1
vehicles, and;
(C) Has a statewide
fleet with maximum power (max hp) greater than 20,000 horsepower (hp),
excluding the hp from engines in two-engine vehicles and the hp from single
engine cranes formerly subject to the Cargo Handling Equipment
Regulation.
(c)
Definitions
The definitions in title 13, CCR, section
2449(c) apply,
along with the following definitions:
(1)
"Contract period" means
the period of time in which the vehicle participates in the program and is
under contract to the air district to achieve additional emission
reductions.
(2)
"Operated
within the district" means a vehicle that currently operates within
the boundaries of the air district and, during the three years immediately
prior to the solicitation deadline, operated at least one hundred hours per
year and operated more hours within the boundaries of the air district than in
any other district.
(3)
"Project" means actions on one vehicle to reduce NOx
emissions, such as retrofit, repower, or vehicle replacement, for which funding
is requested.
(4)
"Solicitation" means a public announcement by the air
district, requesting that fleets submit grant applications to the air district
to participate in emission reduction incentive programs under this
section.
(5)
"Solicitation
deadline" means the last day, as provided in the solicitation, that an
application may be physically received by the air district.
(d)
Requirements
(1) If an air district, having held a public
hearing and opted into the SOON program and made the program mandatory per
section
2449.2(e)(9),
issues a solicitation for applications for funding under the SOON program, and
if the solicitation so requires, a fleet that meets the applicability criteria
of subsection (b) on the date of the solicitation must, before the solicitation
deadline, do the following:
(A) Report to
District and CARB -- File a report, in a format approved by the Executive
Officer, of all information required under section
2449(g) with the
air district and CARB on its statewide fleet and that part of the fleet that
has operated within the air district, as defined in section (c)(2) above. If
the solicitation deadline is before April 1, 2009, the fleet must provide
information regarding the fleet as it existed on January 1, 2008. If the
solicitation deadline is on or after April 1, 2009, the fleet must provide the
information that was reported to CARB on the most recent March 1 reporting
date.
(B) Calculate fleet average
index -- Determine the fleet average index for vehicles that operated within
the air district for the year in which the solicitation deadline occurs
according to the formula in section
2449.1(a).
(C) Calculate SOON fleet average target rate
-- Determine the SOON fleet average target rate for vehicles that operated
within the air district for the year in which the solicitation deadline occurs
according to the formula in section
2449.1(a), and
using the SOON targets set forth in Table 5 below. If there is no SOON fleet
average target rate for the year in which the solicitation deadline occurs, the
nearest future target rate shall be used. In years subsequent to 2023, the 2023
target rate shall be used.
Table 5 -- SOON Targets for Each Max Hp
Group
For Use in Calculating SOON Fleet Average Target
Rates [g/bhp-hr]
Compliance Date: January 1 of
Year
|
25-49 hp
|
50-74 hp
|
75-99 hp
|
100-174 hp
|
175-299 hp
|
300-599 hp
|
600-750 hp
|
>750 hp
|
2011 |
5.6 |
6.2 |
6.7 |
6.0 |
5.4 |
5.1 |
5.3 |
6.4 |
2014 |
5.8 |
6.5 |
7.1 |
6.4 |
3.9 |
3.7 |
3.7 |
5.3 |
2017 |
5.0 |
5.4 |
5.5 |
4.9 |
2.2 |
2.2 |
2.2 |
4.3 |
2020 |
4.1 |
4.2 |
3.4 |
3.1 |
1.4 |
1.3 |
1.4 |
3.4 |
2023 |
3.3 |
3.0 |
1.4 |
1.3 |
0.7 |
0.7 |
0.7 |
2.7 |
(D) Apply for funding -- Except as provided
in section
2449.2(d)(2) and
2449.2(e)(3)
below, a fleet for which the fleet average index, as calculated in section
2449.2(d)(1)(B),
is greater than the SOON fleet average target rate, as calculated in section
2449.2(d)(1)(C),
must apply for SOON funding. The application submitted must be completed
according to the guidelines and conditions established under the solicitation
and, if the necessary NOx retrofits, repower, or vehicle replacements are
available, must indicate how NOx retrofits, repowers, or vehicle replacements
for which funding is requested will bring the fleet average index for vehicles
that operated within the air district from where it would have been under
compliance with section
2449.1 to less than or equal to
the SOON fleet average target rate calculated in section
2449.2(d)(1)(C).
The application must also indicate whether the fleet wants the application to
be given high priority for SOON program funding by the district. The funding
priority shall be determined under the air district guidelines developed per
section
2449.2(f)(2).
(E) Achieve NOx reductions -- Fleets that
receive SOON program funding must complete the actions for which they were
funded per the conditions of the solicitation. Fleets that do not receive
requested SOON program funding are not required to take actions beyond
compliance with Off-Road regulation, as specified in sections
2449 and
2449.1.
(2) Fleets not meeting the applicability
provisions -- A fleet that operates individual vehicles within the air
district, but does not meet the applicability provisions of sections
2449.2(b)(2)(B)
and
2449.2(b)(2)(C),
are not required to file a report with the CARB or the air district under
section
2449.2(d)(1). It
is also not required to apply for funding under subsection (d)(1)(D), but may
file a report with CARB or the air district under section
2449.2(d)(1) and
apply for funding if the fleet average index calculated for its fleet operating
within the air district exceeds the SOON fleet average target rate, and the
fleet would like to qualify for funding. If the air district approves the
fleet's application for funding, the fleet must achieve the NOx reductions as
set forth in subsection (d)(1)(E). Participating in the SOON program in one
year does not obligate the fleet to participate in subsequent years.
(3) Air districts that opt into the SOON
program -- Districts must prioritize requested projects based on the optimum
NOx cost-effectiveness and on whether the fleet requesting the SOON program
funding has requested high priority for SOON program funding. Air districts
must report to CARB, in a format approved by the Executive Officer, all
projects funded under the SOON program, including the equipment identification
number of all vehicles funded.
(e)
Special Provisions --
(1)
Accounting for the Off-Road
regulation --
(A) Reductions achieved
through the SOON program must be surplus, over the entire contract period, to
those required by the Off-Road regulation, sections 2449-2449.1
above.
(B) During the contract
period, vehicles equipped with NOx retrofits, repowered with new engines, or
that have been replaced using SOON program funding, cannot use this lower
emission rate to calculate the fleet average index and target rate, and BACT
credit under section
2449.1. Instead, for the purposes
of calculating the fleet average index and target rate, and BACT credit under
section
2449.1, these vehicles must be
reflected as if the actions taken under the SOON program did not occur. Actions
taken using SOON program funding may be used for determining compliance under
section
2449.1 after the completion of the
SOON program project contract period for that vehicle. For example, if a Tier 0
vehicle is repowered with a Tier 3 engine with SOON program funds, for purposes
of compliance with section
2449.1, that vehicle is still
treated as if it were a Tier 0 until the end of the contract period for the
SOON program project.
(C) If a
fleet pays for a VDECS that is installed concurrently with a repower or vehicle
replacement funded with SOON program funding, the fleet may count the VDECS
toward determining compliance under section
2449.1. If a fleet's vehicle is
repowered using SOON program funding with a Tier 4 engine that comes with an
original engine manufacturer diesel particulate filter, and if the fleet pays a
portion of the repower costs such that it offsets the cost of an equivalent
VDECS, the fleet may count the original engine manufacturer diesel particulate
filter towards determining compliance under section
2449.1.
(2)
Turnover in section
2449.1
-- A fleet may
apply to the Executive Officer for an extension from the requirements in
section
2449.1(b) if,
using the accounting provisions in section
2449.2(e)(1),
section
2449.1(b) would
require, prior to January 1, 2014, a fleet to turn over vehicles that are Tier
2 or better. The exemptions in sections
2449.1(b)(2), (b)(3), and
(b)(6) for vehicles less than 10 years old
and Tier 2 vehicles do not apply to the SOON program.
(3)
Compliance plans -- In
addition to a SOON program application, a fleet applying for SOON program
funding must prepare and submit to the air district a compliance plan, in the
format described in the district guidelines, laying out the actions it is
required to take under section
2449.1 and the actions for which
it is applying for funding under section
2449.2. Compliance plans must
demonstrate that in the absence of any actions taken to satisfy section
2449.2, the fleet will be able to
meet the requirements of section
2449.1 through the remaining
actions set forth in the plan.
(4)
Surplus -- Participation in the SOON program does not reduce
the actions required for any fleet to comply with any requirements in the
Off-Road regulation under section
2449.1.
(5)
Tracking devices -- An
air district may require any vehicle repowered, retrofitted, or replaced with
incentive money through the SOON program to be equipped with a vehicle location
device (per the air district's guidelines and conditions for receiving funding)
to ensure that the vehicle is used in the air district for the required percent
of operating hours.
(6)
Particulate Matter Retrofits --
(A) If a fleet has a vehicle that has been
retrofitted within the last six years with a Level 2 or 3 VDECS, which was the
highest level VDECS at the time of retrofit, the fleet may but is not required
to apply for SOON funding for that vehicle.
(B) A fleet that receives SOON funding to
repower or replace a vehicle is not required to install the highest level VDECS
along with the repower or replacement.
(7)
Funding Guidelines --
Projects funded under the SOON program with Carl Moyer program money must be
administered consistent with applicable Carl Moyer program guidelines, except
as noted in section
2449.2(e)(6)(B).
If a project is funded from other sources, the SOON program must be
administered consistent with any applicable guidelines. The air district shall
develop guidelines for administration of the SOON program, as provided in
section
2449.2(f)(2).
(8)
Vehicles Scheduled to Leave
District -- A fleet that has operated within the air district as
defined in section
2449.2(c)(2) but
that is planning to move vehicles out of the air district such that the
vehicles will not operate enough hours in the air district to qualify for SOON
funding may leave such vehicles out of the fleet average index calculation in
section
2449.2(d)(1)(B),
the SOON fleet average target rate calculation in section
2449.2(d)(1)(C),
and the application for funding in section
2449.2(d)(1)(D).
The fleet must submit a statement under penalty of perjury to the district for
each such vehicle stating its intent to move each such vehicle out of the
district.
(9)
Voluntary or
Mandatory Nature of SOON -- An air district, having held a public
hearing and opted into this regulation, may issue a solicitation for
applications for funding under the SOON program.
(A) For fleets in the South Coast Air Quality
Management District and San Joaquin Valley Air Pollution Control District,
solicitations with a deadline before April 2, 2009, shall be voluntary. For
solicitations with a deadline on or after April 2, 2009, the South Coast Air
Quality Management District and San Joaquin Valley Air Pollution Control
District may elect to make participation by fleets voluntary or
mandatory.
(B) In any district
other than the South Coast Air Quality Management District or San Joaquin
Valley Air Pollution Control District, for solicitations with a deadline before
April 2, 2010, participation by fleets is voluntary. For solicitations with a
deadline on or after April 2, 2010, the district may choose to make
participation by fleets voluntary or mandatory.
(C) The solicitation shall announce the air
district's decision regarding voluntary or mandatory participation.
(f)
Local Air
District Opt-In
(1) To participate in
the SOON program, an air district's governing board must hold a formally
noticed public hearing, where public comment is taken, and, by majority vote,
elect to opt into the program. As part of this hearing, for years when section
2449.2(e)(9)
gives the district a choice between a voluntary and mandatory SOON program, the
air district's governing board must decide whether participation by fleets is
voluntary or mandatory.
(2)
District Guidelines -- An air district opting into section
2449.2 must develop, through a
public process including a duly noticed public workshop and formally noticed
public hearing, additional administrative provisions necessary to implement
this section, including, but not limited to, funding guidelines (as required
under section
2449.2(e)(7)),
compliance planning requirements, and reporting and monitoring requirements.
Funding guidelines may include limitations on the cost-effectiveness of
projects that may be funded and must include the method used for prioritizing
projects based on cost-effectiveness and whether applying fleets requested high
priority for SOON program funding, and a description of any requirements on
fleets that receive SOON funding to pay part of the SOON project cost.
Compliance planning guidelines must indicate the format and length of
compliance plans. Air district guidelines may include a pre-application process
that collects vehicle data (model year, hp, hours of use) and then requires
full SOON project applications only for vehicles likely to receive
funding.
(3)
CARB Approval
of District Guidelines -- Before any guidelines, including
administrative or funding guidelines, approved by an air district take effect,
they must be approved by the Executive Officer. Air district staff shall submit
proposed guidelines to the Executive Officer before they are acted on by the
district's governing board. The Executive Officer will respond within 30 days
with a description of any required changes to the proposed guidelines necessary
for Executive Officer approval. In evaluating proposed air district guidelines,
the Executive Officer shall consider, among other factors, the adequacy of
cost-effectiveness criteria, whether fleet requests for high priority for SOON
funding are given preference, and uniformity of district guidelines between air
districts. After guidelines are adopted by a district's governing board, air
district staff shall submit the adopted guidelines to the Executive Officer.
The Executive Officer will respond within 30 days with approval or a
description of any required changes to the guidelines.
(4)
CARB Authority -- CARB
has sole authority to enforce the requirements of section
2449.2. The Executive Officer
retains the authority to review any district's administration of section
2449.2 and to address any
unforeseen circumstances or events.