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CALIFORNIA AIR RESOURCES BOARD 1 2018 ANNUAL ENFORCEMENT REPORT JUNE 27, 2019 1

Presentation on 2018 Annual Enforcement Report · 2020. 6. 30. · AZAA Investments, Inc. (AutoAnything) ... AIR RESOURCES BOARD . CONSUMER PRODUCT ENFORCEMENT Regulations specify

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  • CALIFORNIA AIR RESOURCES BOARD

    1

    2018 ANNUAL ENFORCEMENT REPORT JUNE 27, 2019

    1

  • AIR RESOURCES BOARD

    OUTLINE

    Overview

    Enforce Certification Requirements

    Compliance in the Trucking Industry

    Focus in Disadvantaged Communities

    Supplemental Environmental Projects

    A Review and a Look Forward

    2

  • AIR RESOURCES BOARD

    ENFORCEMENT – GOALS AND ACTIONS

    Our goal is to achieve compliance Protect public health and the environment Ensure a level playing field across industry

    Our actions increase the effectiveness of CARB programs Investigate, resolve, and deter non-compliance Provide compliance assistance Assess programmatic effectiveness and areas for improvement

    3

  • AIR RESOURCES BOARD

    REPORT HIGHLIGHTS

    Describes defeat device enforcement and Fiat Chrysler case

    Provides status update on truck and bus enforcement, and a detailed evaluation of overall compliance in the trucking industry

    Outlines enforcement efforts in disadvantaged communities

    Presents results of Supplemental Environmental Projects

    Reviews implementation of Enforcement Policy/Programs

    4

  • AIR RESOURCES BOARD

    OUTLINE

    Overview

    Enforce Certification Requirements

    Compliance in the Trucking Industry

    Focus in Disadvantaged Communities

    Supplemental Environmental Projects

    A Review and a Look Forward

    5

  • CALIFORNIA AIR RESOURCES BOARD

    CERTIFICATION REQUIREMENTS

    CARB specifies product requirements

    Applies to vehicles, engines, parts, fuels, and consumer products

    Includes chemical content or emissions limits, labelling requirements, and/or reporting

    6

  • AIR RESOURCES BOARD

    VEHICLE AND ENGINE ENFORCEMENT

    Vehicle testing identifies certification violations

    Multiple manufacturers are under investigation

    Potential violations Failure to meet regulatory reporting requirements Improper testing Undisclosed software that defeats emissions controls

    7

  • AIR RESOURCES BOARD

    FIAT CHRYSLER CASE RESOLUTION

    Enhanced screening and emissions testing

    13,325 California Dodge Ram trucks and Jeep Cherokees

    Undisclosed software resulted in excess emissions

    Settlement includes Recall and fix all vehicles Mitigation payment offsets the excess NOx emissions Penalty payment deters future violations

    8

  • CALIFORNIA AIR RESOURCES BOARD

    AFTERMARKET PARTS ENFORCEMENT

    CARB exempts aftermarket parts from anti-tampering regulations

    Enforcement focuses on illegal sales Pep Boys AZAA Investments, Inc. (AutoAnything)

    Both companies stopped sales and settled violations

    9

  • CALIFORNIA AIR RESOURCES BOARD

    CONSUMER PRODUCT ENFORCEMENT

    Regulations specify product content

    We purchase products and test for compliance Mothers Polishes, Waxes, Cleaners, Inc. CRC Industries, Inc. Provenza Floors, Inc.

    10

  • CALIFORNIA AIR RESOURCES BOARD

    FUELS ENFORCEMENT

    Regulations specify fuel characteristics

    Inspections identified illegal fuel offloaded from a tanker at port Imported by GE Warren Discharged through Shell Oil Company Distributed for retail sale

    Tesoro Refining misreported LCFS fuel

    11

  • AIR RESOURCES BOARD

    OUTLINE

    Overview

    Enforce Certification Requirements

    Compliance in the Trucking Industry

    Focus in Disadvantaged Communities

    Supplemental Environmental Projects

    A Review and a Look Forward

    12

  • AIR RESOURCES BOARD

    ASSESSING COMPLIANCE

    Compliance assessment allows CARB to improve implementation and enforcement

    The annual report highlights compliance in five programs

    Today we will discuss compliance in the trucking industry Operator requirements to use and maintain technology Manufacturer requirements with certification Enforcement responses

    13

  • AIR RESOURCES BOARD

    OPERATORS – TRUCK AND BUS

    Applies to 1.4 million trucks and buses operating in California 400,000 vehicles registered in California Up to 1 million vehicles registered in fleets reporting operation

    in California

    Current compliance rate – 80%

    Lower compliance rate in smaller fleets

    14

  • AIR RESOURCES BOARD

    STREAMLINED TRUCK ENFORCEMENT PROCESS (STEP) Data and deadline-driven process to facilitate efficient enforcement

    Dramatic improvement in enforcement staff productivity

    As of June 24, 2019 Initiated enforcement process for 34,314 vehicles Completed enforcement action on 25,874 vehicles DMV registration holds placed on 19,374 vehicles $3.8 M in penalties collected

    15

  • CALIFORNIA AIR RESOURCES BOARD

    DMV REGISTRATION REQUIREMENTS

    Effective January 1, 2020, must demonstrate compliance to register

    Up to 80,000 vehicles may be impacted in 2020

    Up to 200,000 may be impacted between 2020 and 2023

    CARB is providing $50 million this year to the truck loan assistance program to help fleets comply

    16

    Funding resources: https://ww3.arb.ca.gov/msprog/truckstop/azregs/fa_resources.htm

    https://ww3.arb.ca.gov/msprog/truckstop/azregs/fa_resources.htm

  • 17

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    newer engines Sfarti 00tro/ de11ice (No re: ng January 1, 2020)

    OUTREACH

    Media campaign

    Bilingual outreach Website One-Stop events Billboards, radio, and TV

    Video display at DMV

    Signage on gas station pumps

    Direct Outreach Certified letters

  • AIR RESOURCES BOARD

    INCENTIVIZING MAINTENANCE

    Poor maintenance leads to excess emissions

    Operators required to keep vehicles well maintained

    New regulation will be enforced in 2020 5% opacity limit for filter-equipped trucks

    Enforcement is adapting Amending inspection procedures for OBD and opacity limit Training opacity testers Expanding STEP process for Periodic Smoke Inspection Program

    18

  • AIR RESOURCES BOARD

    HOLDING MANUFACTURERS ACCOUNTABLE

    Real world emissions higher than expected

    High warranty claims in some engine components

    CARB enforcement responses Recalls for faulty components Enforcement of certification and warranty violations

    New regulations needed Improvements to certification requirements Heavy-duty Inspection and Maintenance Program

    19

  • AIR RESOURCES BOARD

    OUTLINE

    Overview

    Enforce Certification Requirements

    Compliance in the Trucking Industry

    Focus in Disadvantaged Communities

    Supplemental Environmental Projects

    A Review and a Look Forward

    20

  • AIR RESOURCES BOARD

    ADDRESSING ENVIRONMENTAL JUSTICE

    Staff is committed to reducing emissions in communities disproportionately impacted by air pollution.

    Focused inspections in disadvantaged communities 60% of the 28,311 total inspections in 2018

    Responded to transportation refrigeration unit (TRU) complaints 748 TRUs inspected and 213 citations issued

    Targeted enforcement at ports 1081 inspections and 18 NOVs issued

    21

  • AIR RESOURCES BOARD

    WORKING WITH COMMUNITIES

    Participated in EJ initiatives in Imperial Valley and South Stockton

    Developing enforcement plans for the Community Air Protection Program (AB 617) Engaging with communities Partnering with air districts Addressing community identified issues

    22

  • AIR RESOURCES BOARD

    OUTLINE

    Overview

    Enforce Certification Requirements

    Compliance in the Trucking Industry

    Focus in Disadvantaged Communities

    Supplemental Environmental Projects

    A Review and a Look Forward

    23

  • AIR RESOURCES BOARD

    SUPPLEMENTAL ENVIRONMENTAL PROJECTS (SEP)

    Reduce emissions and/or exposure

    Increase environmental compliance

    Improve public and community health

    Raise public awareness through education

    Violators contribute up to 50% of their penalty to a CARB-approved SEP benefitting disadvantaged communities

    24

  • AIR RESOURCES BOARD

    SEP STATISTICS

    Since transitioning to the new SEP program: 41 SEPs listed eligible, requesting a total of $29 million 22 SEPs fully funded with a total of $5.2 million 3 SEPs partially funded with a total of about $1 million

    In 2018, 20 violators funded 18 SEPs with $2.2 million committed

    Audit of longstanding SEPs completed – results available at https://ww2.arb.ca.gov/supplemental-environmental-project-sep-policy-audit

    25

    https://ww2.arb.ca.gov/supplemental-environmental-project-sep-policy-audit

  • CALIFORNIA AIR RESOURCES BOARD

    SEP HIGHLIGHT: BreathMobile

    A free mobile asthma clinic

    Serves pre-school and K-12 school aged children with asthma

    Visits every 4-6 weeks

    Provides full service asthma evaluation, treatment, and education

    283 patients seen

    26

  • CALIFORNIA AIR RESOURCES BOARD

    SEP HIGHLIGHT: Installation of Air Filtration Systems in Schools

    South Coast Air Quality Management District is partnering with IQAir

    Install and maintain high-performance air filtration systems in schools located in disadvantaged communities

    Reduce the amount of PM in classrooms of disadvantaged communities

    More SEPs at: https://www.arb.ca.gov/resources/documents/approved-seps 27

    https://www.arb.ca.gov/resources/documents/approved-seps

  • AIR RESOURCES BOARD

    OUTLINE

    Overview

    Enforce Certification Requirements

    Compliance in the Trucking Industry

    Focus in Disadvantaged Communities

    Supplemental Environmental Projects

    A Review and a Look Forward

    28

  • AIR RESOURCES BOARD

    ENFORCEMENT POLICY

    Defined the CARB enforcement process

    Updated in 2017

    Provided framework for addressing minor violations

    Expanded framework for voluntary disclosure

    Increased transparency in assessed penalties Updated in Appendix J of Annual Enforcement Report

    29

  • AIR RESOURCES BOARD

    MINOR VIOLATIONS

    Little impact to regulatory program function and no emissions impact

    Responsible party provides complete cooperation and resolves the problem expeditiously

    Implementation 4,041 trucks in STEP process resolved without penalty 103 refrigerant management cases resolved without penalty

    Results in increased productivity with appropriate case resolution

    30

  • AIR RESOURCES BOARD

    VOLUNTARY DISCLOSURE

    Reduce penalties for violations that are voluntarily disclosed

    Dependent on the extent to which criteria in the policy are met

    Implementation to date: Eight voluntary disclosure cases resolved Penalty reduction consistent with enforcement policy

    31

  • CALIFORNIA AIR RESOURCES BOARD

    EXPANDING THE STATIONARY SOURCE ENFORCEMENT PROGRAM Increase enforcement of Landfill Methane

    Regulation (LMR)

    Review San Joaquin Valley Emission Reduction Credit Program

    Support Imperial County permit and enforcement program enhancements

    Update training programs

    32

  • CALIFORNIA AIR RESOURCES BOARD

    EXPANDING FIELD ENFORCEMENT

    Increase field presence and target enforcement efforts Out-of-State trucks Disadvantaged communities

    Implement the use of Portable Emissions Acquisition System (PEAQS)

    Evaluate existing enforcement efforts related to diesel fleet regulations

    33

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    Inspection Details

    Result

    Vdation (Non

  • CALIFORNIA AIR RESOURCES BOARD

    2018 ENFORCEMENT HIGHLIGHTS

    Resolved the Fiat Chrysler case to recall and fix vehicles, mitigate environmental harm and deter violations

    Conducted 28,311 inspections

    Addressed 11,238 complaints

    Assessed $13 million in penalties

    Provided training to 4,854 students

    Allocated $1.5 million to SEPs benefitting disadvantaged communities

    35

  • CALIFORNIA AIR RESOURCES BOARD

    CONCLUSION

    Enforcement is focused on creating a level playing field to protect public health and the environment

    This is accomplished by Providing compliance assistance Enforcing regulatory requirements Continuously reviewing and

    improving programs

    36

  • AIR Rf~OURCf~ BOARC

    2018ANNUAL ENFORCEMENT REPORT

    June 2019

    California Air Resources Boa,-d erb.ce.gov

    2018 ANNUAL ENFORCEMENT REPORT

    Available online at:

    https://www.arb.ca.gov/enf/reports/ 2018_enf_annual_report.pdf

    37

    https://www.arb.ca.gov/enf/reports/2018_enf_annual_report.pdf

    2018 Annual Enforcement ReportOutlineEnforcement – Goals and actionsReport highlightsOutlineCertification requirementsVehicle and engine enforcementFiat Chrysler case resolutionAftermarket Parts enforcementConsumer product enforcementfuels enforcementOutline�assessing complianceOperators – Truck and busStreamlined truck enforcement process (STEP)DMV registration requirementsOutreachIncentivizing MaintenanceHolding Manufacturers AccountableOutlineAddressing environmental justiceWorking with communitiesOutlinesupplemental environmental projects (SEP)SEP Statistics SEP Highlight: BreathMobileSEP Highlight: Installation of Air Filtration Systems in Schools OutlineEnforcement PolicyMinor violationsvoluntary disclosureExpanding the Stationary Source Enforcement ProgramExpanding Field EnforcementNew Inspection website2018 Enforcement HighlightsConclusion2018 Annual Enforcement Report