2020 Annual Enforcement Report

June 24, 2021

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Enforcement Goals

• Ensure compliance

• Address environmental injustice

• Create level playing field across industry

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2020 Highlights

• Continued focus in disadvantaged communities• 13,000 inspections (73% in DACs)• $6.8M in penalties directed to SEPs

• Resolved landmark defeat device case• Daimler case resolution - $285M to California

• Continued expanding our stationary programs• Published investigation into San Joaquin Valley ERCs

• Resolved 959 cases / citations for $22M3

• Introduction• Focus on Communities• Diesel Enforcement• Product Requirements Enforcement• Stationary Sources• Summary and Current Focus

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The Enforcement Process

• Enforcement process driven by Enforcement Policy• Inspections identify potential violations • Investigation to document violations • Notice of Violation (NOV) issued• Discussion to resolve violations with responsible party• Settlement

5https://ww2.arb.ca.gov/resources/documents/enforcement-policy

Penalties

• Penalties provide deterrence and remove economic benefit of non-compliance

• Penalty assessment process described in Enforcement Policy • Maximums established by state law• Negotiations focus on statutory factors CARB must

consider by law in deciding on appropriate penalty

6https://ww2.arb.ca.gov/resources/documents/enforcement-policy

Transparency

• All settlements and inspections published online

• Enforcement Data Visualization System updated with 2020 inspections and settlements

https://webmaps.arb.ca.gov/edvs/

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Outline

• Introduction• Focus on Communities• Diesel Enforcement• Product Requirements Enforcement• Stationary Sources• Conclusion

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Environmental Injustice

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• Disadvantaged communities located in close proximity to emissions sources

• Result of unfair past practices• Enforcement is part of the solution

• Ensuring compliance• Addressing community identified priorities

Building Equity in Enforcement

• Working to address inequities experienced by disadvantaged communities.

• We are focusing efforts• Community outreach and engagement• Community Emission Reduction Plans (CERPs)• Prioritizing diesel compliance• Responding to complaints• Supplemental Environmental Projects (SEPs)

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Engaging in Local Community Concerns

Schnitzer SteelVan Nuys Airport

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AB 617 Focus: West Oakland

Program InspectionsPercent Compliance

Heavy-Duty Vehicles 50 100%

Cargo Handling 243 91%

Ocean-Going Vessels 7 100%

• Initiated 48 Area-Focused Investigations• Assisted DTSC with Schnitzer Steel case

• Community SEP• Emissions Controls

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AB 617 Focus: Wilmington / West Long Beach

ProgramNumber of Inspections*

Number ofViolations

Percent Compliance

HDVIP – Engine Label 90 17 81%

HDVIP – Smoke 89 6 93%

Truck Idling 381 21 95%

Truck and Bus / Drayage 166 0 100%

Cargo Handling Opacity Testing 381 134 65%

Ocean Going Vessels 203 4 98%

Commercial Harborcraft 5 0 100%

Fuels 67 0 100%* Total inspections reflects multiple inspections per vehicle. 13

Supplemental Environmental Projects (SEPs)

• Projects that benefit local communities• Urban tree planting programs• School air filtration and flag programs• Community monitoring and health studies

• $6.8 million allocated to SEPs in 2020• 40,000 students in 65 underserved schools

breathe filtered air from SEP funding since 2018.

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Outline

• Introduction• Focus on Communities• Diesel Enforcement• Product Requirements Enforcement• Stationary Sources• Conclusion

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Diesel Enforcement Transition

• Heavy duty trucks• Major improvement in Truck and Bus Rule compliance• Continued focus on out-of-state trucks• Maintaining a field presence• Building the future program

• Enforcement at ports

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Truck and Bus Compliance

• Compliance rates improving

0%

20%

40%

60%

80%

100%

California Heavy Trucks Out-Of-State Trucks California Light Trucks

Compliance Rate

2016 2020 *No Light Truck Requirements in 2016

*

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Fleets Based Outside of California

• To prosecute non-California registered fleets, we must prove operation in California.

• Strong partnership with US EPA Region 9• Roadrunner Transportation Systems: $117,000 • Ruan Transportation Management Systems: $125,000• The Boise Cascade Company: $175,000

• Referred 528 companies to local district attorneys

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Maintaining Enforcement and Field Presence

• Diesel fleet inspections• 11,698 inspected

1,350 citations issued

• Area-Focused Investigation (AFI) strategy• Santa Maria, Salinas and

West Oakland

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Roadside Emissions Monitoring

Portable Emissions AcQuisition System (PEAQS)• Identify high emitting vehicles• Permanently installed

• Two systems at CDFA facilities• Notification mailed to the owner

• Mobile• 8 locations in 2020• Citations issued

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Heavy Duty I/M and PEAQS

• Operators will submit on-board diagnostic data to comply with requirements

• PEAQS will be used to identify• Trucks operating without a certificate• High emitting trucks in need of repair• Non-compliant trucks registered outside of California• High emitting makes and models for certification

enforcement

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Marine Enforcement

• Ocean-Going Vessel Fuels

• At-Berth Regulation

• Cargo Handling Equipment

• Commercial Harbor Craft

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Ocean-Going Vessel Enforcement

• Fuels requirements• $282,670 in penalties• 98% compliance rate

• At-Berth (shore power) requirements• Industry exceeds regulatory requirements• Settled case with Del Monte ($1,990,650)

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Outline

• Introduction• Focus on Communities• Diesel Enforcement• Product Requirements Enforcement• Stationary Sources• Conclusion

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Vehicle and Engine Certification

• Certification required to sell in California• Manufacturers must disclose how products operate,

and conduct testing• Testing demonstrates emission limits are met and

will be met over full useful life • CARB regulations specify recall for high emissions

caused by failing parts

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Vehicle and Engine Enforcement

• Certification is fundamental to CARB programs• Enforcement reserved for

• Failure to report warranty data or running changes• Failure to disclose operation during certification• Defeat devices

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Daimler AG and Mercedes Benz USA

• Undisclosed software and defeat devices

• Excess NOx emissions• 250,000 diesel vehicles

nationwide• Nationwide settlement valued

at over $1B• California’s settlement share

$285 million

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Notable Vehicle and Engine Enforcement

• American Honda Motor Co., Inc.• Small off-road engines (SORE)• $1,927,800 settlement

• Navistar, Inc.• Altered engines from their certified design• $2,026,800 settlement

• Flagship, Inc.• $250,000 for selling uncertified vehicles in California

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Aftermarket Parts

• Robust enforcement program• $20 million in penalties over last

eight years• Comoto Holdings: $1.9M

• Compliance assistance • Compliance advisory• SEMA voluntary labeling standard

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Chemically-Formulated Products

• Robust enforcement to deter non-compliant sales• 20 cases; $602,275• Drybar Holdings

• 9.14 tons excess VOC emissions• $155,380 penalty

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Composite Wood Products

• Protect public health from formaldehyde exposure

• Enforced through testing and desk audits

• 4 cases; $357,811• TJX Companies Inc. - $193,507• New screening technique

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Fuels Enforcement

• California Reformulated Gasoline (CaRFG)• Shell Oil Products US

• $215,000 settlement (2 cases)

• Low Carbon Fuel Standards (LCFS)• BP Products North America, Inc.

• $188,000 settlement

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Outline

• Introduction• Focus on Communities• Diesel Enforcement• Product Requirements Enforcement• Stationary Sources• Conclusion

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Stationary Source Programs

• 35 local air districts• CARB’s role

• Training• Enforcement support• Climate programs• Portable equipment

registration

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Training

• Role to provide basic enforcement training to district staff• Visual emission

evaluation• Enforcement

fundamentals• CalEPA Basic

Inspector Academy

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Stationary Source Program Reviews

• San Joaquin Valley Emission Reduction Credit System

• Imperial Valley Air Pollution Control District Enforcement Program

• Bay Area Data Centers

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Landfill Methane Regulation

• Inspected seven landfills across California

• Identified emission exceedances at five facilities

• Working with air districts to address violations

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Portable Equipment Registration

• Portable Equipment Registration Program (PERP)• 8,000 processed; $9M in fees received• ATCM enforced by registration

• Cargo Tank Vapor Recovery Program• 6,000 certifications processed• Compliance assistance program created

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Outline

• Introduction• Focus on Communities• Diesel Enforcement• Product Requirements Enforcement• Stationary Sources• Conclusion

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Building a Stronger Program

• Hybrid work environment• Evaluating approaches to strengthen enforcement

and communication in disadvantaged communities• Providing input to regulation development to help

ensure enforceability• Developing new technologies, enforcement

procedures and regulations for Heavy-Duty I/M• Continuing to expand stationary source programs

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2020 Annual Enforcement Report

• Available online at:https://ww2.arb.ca.gov/resources/documents/enforcement-reports

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