§ 2428. Procedure for State Implementation Plan Credit from Mobile Agricultural Equipment.
13 CA ADC § 2428Barclays Official California Code of Regulations
13 CCR § 2428
§ 2428. Procedure for State Implementation Plan Credit from Mobile Agricultural Equipment.
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.
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.
(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.
(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.
(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.
(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.
(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.
(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.
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.
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.)
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.
(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.
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.
Credits
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.
History
1. New article 4.1 (section 2428) and section filed 10-8-2014; operative 1-1-2015 (Register 2014, No. 41).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 13, § 2428, 13 CA ADC § 2428
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