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How will we enforce AB32?

How will we enforce AB32?. It's tough to make predictions, especially about the future. Yogi Berra. AB 32 Timeline. 2012. 2011. 2010. 2008. 2009. 2020. 2007. Identification/ implementation of further emission reduction strategies. GHG reduction measures enforceable.

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How will we enforce AB32?

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  1. How will we enforce AB32? It's tough to make predictions, especially about the future. Yogi Berra

  2. AB 32 Timeline 2012 2011 2010 2008 2009 2020 2007 Identification/ implementation of further emission reduction strategies GHG reduction measures enforceable Publish list of early actions Early action regulations enforceable Mandatory reporting & 1990 Baseline Adopt scoping plan Reduce GHG emissions to 1990 levels Adopt GHG reduction measures Adopt enforceable early action regulations

  3. MEASURES UNDERWAY OR TO BE INITIATED BY ARB IN THE 2007-2012 PERIOD Historical Command & Control Reporting & audit Staff Recycling No predictable enforcement model NPEM R & D only

  4. How do we enforce existing rules? • Teamwork • Partnership with other ARB divisions • Partnership with 35 local air districts • Partnership with Attorney General and local District Attorneys • USEPA • Statewide enforcement programs • Automotive tailpipe emissions • Fuels • Consumer products • Heavy Duty Diesel

  5. Our Goals • Compliance • A level playing field • Deterrence

  6. Scope of the Challenge Source Categories of Exclusive ARB Enforcement Automotive Tail pipes Fuel specs Consumer products Railroads Personal watercraft 12,000 Gas stations 25 Million Motor Vehicles 0.5 Million diesel trucks 100,000 retail stores selling regulated consumer products 35 Air Districts 32 Million People 44 prohibitory rules in SCAQMD today 40,000 Stationary Sources 44 new rules for AB32 to be enforceable by Jan 2012. More to follow. 4000 Cargo tanks

  7. New responsibilities under AB 32 • Health & Safety Code §38580 (a) The state board shall monitor compliance with and enforce any rule, regulation, order, emission limitation, emissions reduction measure, or market-based compliance mechanism adopted by the board pursuant to this division.

  8. Discrete Early Action • 38560.5 (a) the state board shall publish… a list of discrete early action… measures that can be implemented prior to the measures and limits adopted pursuant to Section 38562. • 38560.5 (b) On or before January 1, 2010, the state board shall adopt regulations to implement the measures identified on the list published pursuant to subdivision (a).

  9. Further Measures • 38562. (a) On or before January 1, 2011 the state board shall adopt greenhouse gas emission limits and reduction measures by regulation to achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit, to become operative beginning on January 1, 2012.

  10. Three Enforcement Models • Historical Command & Control • ARB field personnel • Local district field personnel/ARB oversight • Reporting & audit • Audits/accounting • Self monitoring & reporting • Staff Recycling • Window of compliance

  11. ARB Historical Model • ARB hears 20 regulatory items per year. • Once adopted an enforcement plan is developed and staff provided in the next fiscal year. • Submit budget change proposal (BCP), hire & train state inspection staff. Train industry personnel. • District rule development • Audits of district enforcement program

  12. Statewide Enforcement Responsibilities • Fuel Specifications • Automotive Tailpipes • Consumer Products • Heavy Duty Diesel • Motorcycles • Railroad Agreement • Small off road engines • Marine vessels • Pleasure craft

  13. Reporting and Audit Requirements • Compliance may be confirmed with data from a third party or direct reporting • Accounting becomes the principal enforcement tool • Field visits are essential

  14. Reporting and Audit Requirements Market-based compliance mechanisms Health & Safety Code §38570 (a) The state board may include in the regulations adopted pursuant to Section 38562 the use of market-based compliance mechanisms to comply with the regulation

  15. How can we expand and improve on the traditional enforcement models? Force multipliers such as: • Increased use of district partnership for sources traditionally handled by the state. • Increased use of digital monitoring and reporting.

  16. Reporting and Audit Requirements • Self monitoring and reporting • Digital and periodic paper submittals of facility wide compliance condition • Compliance confirmation inspections are conducted by specialized team

  17. Recycled Staff Model Date of rule adoption or confirmed final compliance Ad hoc Enforcement Teams Rule writer or Veteran enforcer Recycled veteran

  18. Questions

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