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California Environmental News

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EKAPCD Proposed Amendments to Rules 301, 302, 303, and 402, and Proposed New Rule 402.2

Friday, August 22, 2014

Eastern Kern Air Pollution Control District (EKAPCD) has announced proposed amendments to Rule 301: Permit Fees, Rule 302: Permit Fee Schedules, Rule 303: Miscellaneous Fees, and Rule 402: Fugitive Dust. Additionally, EKAPCD is proposing to adopt Draft Rule 402.2: Agricultural Operations.

The proposed amendment to Rule 301 involves the nonrefundable filing fee of $120, which is currently credited towards the total application processing fee. The proposed changes to Rule 302 include clarification that Power Generation, Cogeneration and Resource Recovery fees apply to solar facilities, and an additional fee schedule for Agricultural Engine Registration. Rule 303 proposed changes include removal of Section VII (Stationary Agricultural Engine Registration), and increase in the 2015 engineering analysis fees from $88 to $100 per hour.

Rule 402 proposed amendments involve extensive revisions to the definitions, exemptions, and requirements for fugitive dust. In order to enhance clarity and enforcement, several existing definitions have been revised, and new definitions have been added. Proposed changes to the Exemptions section include revision of exemptions for On-field agricultural and Emergency activities, addition of provisions for bulk materials, and deletion of two exemptions pertaining to contractors. Proposed updates to the Requirements section include addition of Bulk Material Control Measures (BMCM), addition of specific requirements for Earthmoving Activities and Carryout/Trackout, and modification of the Fugitive Dust Emission Control Plan requirements for large operations. Requirements for PM10 air monitoring have been revised and moved to a separate section. Additionally, a separate Prohibitions section has been added to prohibit certain types/uses of soil stabilizers and dust suppressants.

Proposed Draft Rule 402.2 applies to agricultural operations. The purpose of this proposed rule is to reduce PM and dust emissions by implementing Best Available Control Measures (BACM). Owners and operators will be required to submit and implement a Conservation Management Practice (CMP) plan.

A public workshop to discuss proposed Rules 301, 302, 303, 402, and 402.2 will be held Tuesday September 16, 2014. All written comments must be submitted to EKAPCD by October 16, 2014.

More information about the proposed updates and workshop can be found on the EKAPCD website here.

Please contact Trinity at (661) 282-2200 with any questions.

Ventura County APCD Proposed Rule 74.33 - Liquefied Petroleum Gas Transfer or Dispensing

Friday, August 22, 2014

The Ventura County Air Pollution Control District (VCAPCD) is proposing new Rule 74.33, Liquefied Petroleum Gas (LPG) Transfer or Dispensing, in order to reduce emissions of reactive organic compounds (ROC) from the transfer and dispensing of LPG. This rule applies to any transfer of LPG to or from cargo tanks, stationary and portable storage tanks, and cylinders, excluding those on recreational vehicles. Containers with a water capacity below four gallons are also excluded.

ROC emissions from fugitive sources will be reduced through the implementation of Low-Emission Fixed Liquid Level Gauges, also known as bleeder valves, and Low Emission Connectors. This proposed rule also establishes a Leak, Detection, and Repair (LDAR) program for LPG Bulk Plants and Storage and Transfer Facilities, which will involve daily and monthly inspections using approved methods.

Some examples of operations affected by Rule 74.33 include forklift filling, retail sales, residential heating, vehicle filling, commercial operations, industrial operations, LPG combustion associated with tank degassing operations and portable asphalt plants, LPG bulk plants and LPG storage and dispensing facilities. Oilfield LPG loading facilities would be exempt from this rule due to their requirements from Rule 71.3 and 74.10.

For more information regarding future compliance with this rule, please contact us at (949) 567-9880 or click here for more information.

August 2014 California-Quebec Practice Auction

Friday, July 25, 2014

On January 1, 2014, California’s Cap-and-Trade Program and Quebec’s Cap-and-Trade System officially linked, allowing Quebec-issued and California-issued offsets and allowances to be completely interchangeable. As a part of the linked programs, the California Air Resources Board (ARB) and Québec’s ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques (Ministry of Sustainable Development, the Environment and the Fight against Climate Change) (MDDELCC) will hold joint GHG allowance auctions to allow market participants to acquire GHG allowances. On June 3, California and Quebec announced a practice auction to be held on August 7. The Auction Notice will be posted on July 29. A successful practice auction will pave the way to the two agencies holding the first joint auction of allowances in November 2014.

All information on the joint auctions can be found on the ARB Cap-and-Trade website.

ARB Off-Road Regulation Deadlines

Friday, July 25, 2014

The performance requirements for large fleets subject to California Air Resources Board’s (ARB) Off-Road Regulation came into effect July of this year. As of now, large fleets are expected to demonstrate compliance by either meeting the fleet average target rate for 2014 or best available control technology (BACT) requirements, as listed in the rule. Upcoming regulatory deadlines for all-sized fleets are shown in the table below.

Off-Road Regulation Performance Requirement Compliance Deadlines   

Fleet SizePerformance Requirement Deadline
LargeJuly 1, 2014 and January 1 of each subsequent year
MediumStarting January 1, 2017 and January 1 of each subsequent year
SmallStarting January 1, 2019 and January 1 of each subsequent year


Please note that there are other requirements of the regulation such as fleet reporting and labeling and restrictions on adding older vehicles which have come into effect prior to July of this year. For more information about ARB’s Off-Road Regulation, please refer to their website.

If you are unsure about the size of your fleet or need assistance with compliance options and exemptions for ARB’s Off-Road Regulation, please contact our office at (949) 567-9880.

August 2014 Cap-and-Trade GHG Allowance Auction Details Released

Friday, July 25, 2014

On June 19, 2014, California Air Resources Board (ARB) released the official auction notice with detailed requirements and instructions pertaining to participation in the greenhouse gas (GHG) allowance auction scheduled to take place on August 18, 2014 (the August 2014 Auction). Any California covered entity, opt-in covered entity, and voluntarily associated entity is eligible to participate in the August 2014 Auction provided that the entity has a Compliance Instrument Tracking System Service (CITSS) account and completed other administrative pre-auction requirements. The August 2014 Auction will be conducted in the same manner as the previous GHG allowance auctions held by CARB. The auction will feature 2014 (current) vintage allowances as well as 2017 (advance) vintage allowances. Bidding will take place during a three-hour window on August 18, 2014. The table below shows the results of CARB’s previous GHG allowance auctions within the past year.

AuctionVintageAllowances Sold/Allowances OfferedSettlement Price
August 2013201313,865,422/13,865,422 (100%)$12.22
20169,560,000/9,560,000 (100%)$11.10
November 2013201316,614,526/16,614,526 (100%)$11.48
20169,560,000/9,560,000 (100%)$11.10
February 2014201419,538,695/19,538,695 (100%)$11.48
20179,260,000/9,260,000 (100%)$11.38
May 2014201416,947,080/16,947,080 (100%) $11.50
20174,036,000/9,260,000 (43.6%) $11.34

As shown by the table above, prior auctions have sold out for both current and future vintages. The August 2014 auction will feature the following allowances:

VintageAllowances OfferedReserve Price

The following list identifies important upcoming activities associated with the August 2014 Auction:

  • August 6, 2014 – Bid guarantees due to Financial Services Administrator
  • August 14, 2014 – CARB issues final approval and notification of auction participants
  • August 18, 2014 – GHG allowance auction held
  • August 21, 2014 – Public notice of auction results released
  • August 28, 2014 – Financial settlement due to Financial Services Administrator
  • September 8, 2014 – Transfer of allowances into CITSS accounts

Including the August 2014 auction, there are two auctions remaining in 2014 before the second Cap-and-Trade compliance period begins on January 1, 2015. After this date, the program cap will increase and transportation fuel sectors will enter the market. The auction notice document, which describes all pre-auction requirements and instructions in more detail, is available here.

Compliance Regulations for Trucks and Buses in California

Friday, July 25, 2014

The compliance dates for trucks and buses subject to California Air Resources Board’s (ARB’s) regulation for in-use on-road diesel-fuel vehicles have started as early as 2012 for vehicles with a gross vehicle rate rating (GVWR) greater than 26,000 pounds. These vehicles were required to install particulate matter (PM) filters and will now be subject to the best available control technology (BACT) engine requirements as early as January 1, 2015. Small fleets and vehicles with a GVWR of 26,000 or less will have similar upcoming requirements. Recently ARB approved amendments for extensions, exemptions, and financing options for certain vehicles.

Please note that there are other requirements such as registration, odometer requirements, and reporting that are in currently in effect for all trucks and buses. For more information about ARB’s On-Road Regulation, please refer to their website.

If you would like to know more about the extensions and exemptions that may apply to you facility, please contact our office at (949) 567-9880.