BOARD MEETING DATE: May 10, 1996
AGENDA NO.40
PROPOSAL:
Adopt Proposed Rule 1623 - Credits for Clean Lawn and Garden
Equipment
SYNOPSIS:
Proposed Rule 1623 will provide a mechanism for generating MSERCs for either voluntarily replacing old high-polluting lawn and garden equipment with new low- or zero-emission equipment, or for selling new low- or zero-emission equipment without replacement. The proposed rule will meet the 1994 AQMP commitment for Control Measures MOF-03 and MOF-04, as well as provide incentives to accelerate the retirement of old high-polluting equipment and increase the use of new low- or zero-emission equipment.
COMMITTEE:
Mobile Source, March 29, 1996, Recommended for Approval
RECOMMENDED ACTION:
1. Certify the Final Environment Assessment for Proposed Rule 1623 - Credits for Clean Lawn and Garden Equipment, as proposed, in accordance with the attached Resolution.
2. Adopt Proposed Rule 1623 - Credits for Clean Lawn
and Garden Equipment.
James M. Lents, Ph.D.
Executive Officer
BRW:CL:HH:DC:EE
Background
Proposed Rule 1623 is the second off-road MSERC program to be
considered for adoption. On September 8, 1995, the Board adopted
Rule 1620 - Credits for Clean Off-Road Equipment which provides
a mechanism for off-road equipment operators to generate MSERCs
for the retrofitting, purchase, or repowering of certain types
of off-road equipment to meet low- or zero-emission emission levels.
Proposed Rule 1623 continues the AQMD's efforts to develop programs
to generate credits for off-road equipment for use in complying
with other AQMD regulations.
Proposal
The proposed rule provides a mechanism for issuing NOx, VOC, CO,
and PM MSERCs to anyone who voluntarily implements any one of
three strategies:
(1) before January 1, 1999, permanently scrap and
replace existing (pre-1995) lawn and garden equipment with new
equipment which meets the 1995 California Emission Standards for
Utility and Lawn and Garden Engines;
(2) permanently scrap and replace existing lawn and
garden equipment with new low- or zero-emission equipment (i.e.,
equipment which meets the 1999 California Emission Standards for
Utility and Lawn and Garden Engines, electric-powered equipment);
or
(3) after May 10, 1996 and prior to January 1, 1999,
sell directly to an end user new low-emission lawn and garden
equipment, or after January 1, 1991, sell directly to an end user
new zero-emission equipment.
Proposed Rule 1623 establishes requirements for submission
of applications, issuance of credits, MSERC calculation, use of
credits, recordkeeping and enforcement. MSERCs issued under Proposed
Rule 1623 may be used as RECLAIM Trading Credits, New Source Review
(NSR) offsets, as an alternative method of compliance with AQMD
Regulation XI rules with future compliance dates, and as a method
of compliance with Rule 2202.
Relationship to Intercredit Trading Program
Two issues relating to the issuance of MSERCs under Proposed Rule
1623 are addressed by AQMD's proposed Intercredit Trading Program.
The two issues are: MSERCs may be replaced with a universal
trading credit; and the lifetime of credits issued under the proposed
rule may be extended beyond two years. Subdivision (m) was added
to Proposed Rule 1623 to ensure future consistency with any forthcoming
Intercredit Program rules.
AQMP & Legal Mandates
The proposed rule meets the 1994 AQMP commitment in Control Measures
MOF-03 and MOF-04 to adopt voluntary strategies to generate MSERCs
from off-road sources. The proposed rule is intended to provide
an alternative means of compliance with AQMD regulations, as well
as accelerate the retirement of old high-polluting lawn and garden
equipment and increased use of new low- or zero-emission equipment.
CEQA Analysis
Pursuant to the California Environmental Quality Act (CEQA) and
the AQMD's Certified Regulatory Program (Rule 110), the AQMD has
prepared a Final Environmental Assessment (EA) for the proposed
rule. The Draft EA was released on March 8, 1996, for a 30-day
review and comment period. The Final EA determined that the proposed
rule generated no adverse environmental impacts. Responses to
the one comment received on the Draft EA are included in the Final
EA.
Resource Impacts
Sufficient resources have been budgeted in the AQMD Three-Year
Budget Forecast.
Attachments (Down Load self-extracting compressed attachment package for this letter in M.S. Office 4.2.)