(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:2. Corporate parent name, if applicable;5. Contact phone number; and6. Contact e-mail address;(B) For each piece of equipment: 1. Existing Equipment Identification Number (EIN), if applicable;4. Equipment manufacturer;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; and11. 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: f. Applicable emission certification standard,g. United States Environmental Protection Agency family name, if available;h. Horsepower or kilowatt rating; and13. For equipment equipped with a retrofit device:a. Verified HC+NOx reduction level;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.); and15. 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; andc. 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.Cal. Code Regs. Tit. 13, § 2775.2
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.
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).