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(2)Standards for Nonvehicular Diesel Fuel Used in Intrastate Diesel-Electric Locomotives and Harborcraft Beginning January 1, 2007. Beginning January 1, 2007, California nonvehicular diesel fuel sold, offered for sale, or supplied for use in diesel-electric intrastate locomotives or harborcraft is subject to all of the requirements of title 13 CCR sections 2281 (sulfur content), 2282 (aromatic hydrocarbons content) and 2284 (lubricity) applicable to vehicular diesel fuel, and shall be treated under those sections as if it were vehicular diesel fuel.
(3)Exemption for military specification fuel used in military vessels. The requirements of this section do not apply to military specification fuel that is sold, offered for sale, or supplied for use in marine vessels owned or operated by the armed forces of the United States.
(b) Definitions.
(1) "California nonvehicular diesel fuel" means any diesel fuel that is not vehicular diesel fuel as defined respectively in title 13 CCR sections 2281(b), 2282(b), or 2284(b) and that is sold or made available for use in engines in California.
(2) "Diesel-electric locomotive" means a locomotive using electric power provided by a diesel engine that drives a generator or alternator; the electrical power produced then drives the wheels using electric motors.
(3) "Diesel fuel" means any fuel that is commonly or commercially known, sold or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons that is sold or represented as suitable for use in an internal combustion, compression-ignition engine.
(4) "Harborcraft" means any marine vessel that meets all of the following criteria:
(A) The vessel does not carry a "registry" (foreign trade) endorsement on its United States Coast Guard certificate of documentation, and is not registered under the flag of a country other than the United States;
(B) The vessel is less than 400 feet in length overall (LOA) as defined in 50 CFR s 679.2 as adopted June 19, 1996;
(C) The vessel is less than 10,000 gross tons (GT ITC) per the convention measurement (international system) as defined in 46 CFR s 69.51-.61, as adopted September 12, 1989; and
(D) The vessel is propelled by a marine diesel engine with a per-cylinder displacement of less than 30 liters.
(5) "Intrastate diesel-electric locomotive" means:
(A) A diesel-electric locomotive that operates within California for which at least 90 percent of its annual fuel consumption, annual hours of operation, or annual rail miles traveled occur within California. This definition would typically include, but not be limited to, diesel-electric locomotives used in the following operations: passenger intercity and commuter, short haul, short line, switch, industrial, port, and terminal operations;
(B) An intrastate diesel-electric locomotive does not include those diesel-electric locomotives that:
1. Meet the U.S. Environmental Protection Agency Tier II locomotive emission standards, and
2. Primarily move freight into and out of the South Coast Air Quality Management District, and
3. Have been included as a diesel-electric locomotive operating in the South Coast Nonattainment Area under paragraph IV.B. of the Memorandum of Mutual Understandings and Agreements for the South Coast Locomotive Fleet Average Emissions Program, dated July 2, 1998.
(C) (This subsection reserved for consideration of diesel-electric locomotives that meet the U.S. Environmental Protection Agency Tier II locomotive emission standards and primarily move freight within California outside of the South Coast Air Quality Management District.)
(6) "Locomotive" means a piece of on-track equipment designed for moving or propelling cars that are designed to carry freight, passengers or other equipment, but which itself is not designed or intended to carry freight, passengers (other than those operating the locomotive) or other equipment.
(7) "Marine vessel" means any ship, boat, watercraft, or other artificial contrivance used as a means of transportation on water.
(c)Alternative Emission Reduction Plan for Intrastate Diesel-Electric Locomotives. For an owner or operator of an intrastate diesel-electric locomotive who has submitted an alternative emission reduction plan (plan) that contains a substitute fuel(s) and/or emission control strategy(s) and has been approved by the Executive Officer, compliance with the alternative emission reduction plan (plan) shall constitute compliance with the requirements of subsection (a)(2). In order to be approved, the plan must do all of the following:
(1) Identify or define the total fuel consumption and total emissions that would be associated with the activities of the diesel-electric locomotives were the owner or operator to comply with subsection (a)(2).
(2) Define a substitute fuel(s) and/or emission control strategy(s) for the plan.
(3) Identify the emission reductions that are attributable to the substitute fuel(s) and/or emission control strategy(s) relative to the emission reductions achieved through compliance with subsection (a)(2).
(4) Demonstrate that the substitute fuel(s) and/or emission control strategy(s) in the plan provide equivalent or better emission benefits than would be achieved through compliance with subsection (a)(2). The emission benefits achieved under the plan shall be targeted towards residents in those parts of the state most impacted by diesel-electric locomotive emissions.
(5) The plan shall contain adequate enforcement provisions.
Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666 and 41511, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39666 and 41511, Health and Safety Code.
s 93119. Airborne Toxic Control Measure for Cruise Ship Onboard Incineration.
(a) Purpose. The purpose of this control measure is to reduce emissions of toxic air contaminants from the use of incinerators aboard cruise ships. Specifically, this regulation prohibits cruise ships from conducting onboard incineration while operating within three miles of the California coast. This control measure is expected to reduce exposure to toxic air contaminants for residents living near ports and along the California coast.
(b) Applicability. Except as provided in subsection (c), this section applies to any person who owns or operates a cruise ship, as defined in subsection (d)(2), including foreign flagged cruise ships, which travel within three miles of the California coast or visit California ports or terminals.
(c) Exemptions.
(1) This section does not apply to vessels without berths or overnight accommodations for passengers.
(2) This section does not apply to noncommercial vessels, warships, vessels operated by nonprofit entities as determined by the Internal Revenue Service, and vessels operated by the State of California, the United States, or a federal government.
(d) Definitions. For the purposes of this section, the following definitions apply:
(1) "Air Pollution Control Officer" or "APCO" means the air pollution control or executive officer of a district, or his or her delegate.
(2) "Cruise ship" means a commercial vessel that has the capacity to carry 250 or more passengers for hire.
(3) "District" means an air pollution control or air quality management district as defined in Health and Safety Code section 39025.
(4) "Executive Officer of the Air Resources Board" means the executive officer of the California Air Resources Board or his or her delegate.
(5) "Incinerator" means any device used to conduct onboard incineration.
(6) "Onboard incineration" means the combustion or burning of any materials or wastes for the purpose of volume reduction, destruction, sanitation, or sterilization, aboard a cruise ship. Onboard incineration does not include incinerators which are only burning fuels including, but not limited to, natural gas, gas oil, marine gas oil, marine diesel fuel, fuel oil, or residual fuel oil for the specific purpose of maintaining a minimum temperature in the incinerator to minimize thermal cycling.
(7) "Owner or Operator" means a person who owns or operates a cruise ship.
(8) "Person" shall have the same meaning as defined in Health and Safety Code section 39047.
(9) "Segment" means that portion of the cruise ship's voyage from the last port of call to the next port of call.
(10) "Within three miles of the California coast" means between the California coast and the Three Nautical Mile Line as shown on the following National Oceanic and Atmospheric Administration (NOAA) Nautical Charts as authored by the NOAA Office of Coast Survey, which are incorporated herein by reference:
(A) Chart 18600, Trinidad Head to Cape Blanco (January 2002);
(B) Chart 18620, Point Arena to Trinidad Head (June 2002);
(C) Chart 18640, San Francisco to Point Arena (August 2005);
(D) Chart 18680, Point Sur to San Francisco (June 2005);
(E) Chart 18700, Point Conception to Point Sur (July 2003);
(F) Chart 18720, Point Dume to Purisima Point (January 2005); and
(G) Chart 18740, San Diego to Santa Rosa Island (April 2005).
(e) Requirements.
(1) Notwithstanding sections 93104 and 93113 of title 17, California Code of Regulations, no cruise ship owner or operator, agent, representative, or employee shall conduct onboard incineration within three miles of the California coast.
(2) Recordkeeping and Reporting Requirements
(A) Recordkeeping Requirements
1. Owners or operators of cruise ships subject to the requirements of this section shall maintain records for each segment of a voyage if, during any portion of that segment, the cruise ship travels within three miles of the California coast.
a. The date and time of start and stop of incineration (in local time);
b. The position of the ship in latitude and longitude for each start and stop time of incineration;
c. The estimated amount incinerated in cubic meters (m [FN3]); and
d. The name or signature of officer in charge of the operation.
2. Records shall be maintained in English and shall be kept and maintained onboard the respective cruise ship for two years.
3. During an onboard inspection, records shall be made available to Air Resources Board personnel, District personnel, or their delegates.
(B) Reporting Requirements
1. Owners or operators of cruise ships that are subject to this section, shall, upon written request by the Executive Officer of the Air Resources Board or the Air Pollution Control Officer from a District, provide copies of the records as specified in subsection (e)(2)(A) within 30 calendar days of the request.
(f) Updates to NOAA Charts. The Executive Officer shall publish in the California Regulatory Notice Register and notify potentially affected cruise ship owners or operators, regarding revisions to subsection (d)(10) with regard to Nautical Charts updated by NOAA, at least 30 days before the updates take effect in the following situations:
(1) The Executive Officer may revise subsection (d)(10) when there is a change in the chart number or name; or
(2) The Executive Officer may revise subsection (d)(10) when NOAA revises the Three Nautical Mile Line, as shown on the respective charts.
(g) Severability. Each part of this section shall be deemed severable, and in the event that any part of this section is held to be invalid, the remainder of this section shall continue in full force and effect.
Note: Authority cited: Sections 39516, 39600, 39601, 39631, 39650, 39656, 39658, 39659 and 39666, Health and Safety Code. Reference: Sections 39630, 39631, 39632, 39650, 39656, 39659, 39666 and 41700, Health and Safety Code.
s 93300. Purpose.
This subchapter sets forth the criteria and guidelines for preparing emission inventory plans and reports to develop site-specific inventories of air emissions of toxic substances, as required by the Air Toxics "Hot Spots" Information and Assessment Act of 1987 (the "Act": Stats. 1987, ch. 1252; Health and Safety Code Section 44300 et seq.).
Note: Authority cited: sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93300.5. Incorporation by Reference.
This subchapter shall apply to any facility subject to the Air Toxics "Hot Spots" Information and Assessment Act of 1987, Health & Safety Code sections 44300-44394. Subject facilities shall comply with the provisions of the "Emission Inventory Criteria and Guidelines Report" including its appendices, adopted by the Air Resources Board on May 15, 1997, which is incorporated by reference herein. The "Emission Inventory Criteria and Guidelines Report" including appendices is available upon request from the Air Resources Board's Public Information Office, 2020 L Street, Sacramento, California, 95814, telephone (916) 322-2990. The Air Resources Board may also be contacted via its Internet home page at: http://www.arb.ca.gov. The "Emission Inventory Criteria and Guidelines Report" including appendices is available on the Internet under the directory http://www.arb.ca.gov/ab2588/ab2588.htm.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 41805.5, 44320, 44321, 44322, 44323, 44324, 44325, 44340, 44341, 44342, 44343, 44344, 44344.4, 44344.5, 44344.7 44346, 44360 and 44365, Health and Safety Code; Section 6254.7, Government Code; and 17, CCR, Sections 90700-90705, Appendix A.
s 93301. Definitions.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342, and 44344, Health and Safety Code.
s 93303. Facilities Covered.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 41805.5, 44320, 44322, 44324, 44325, 44340, 44341 and 44342, Health and Safety Code.
s 93304. Plan Submittal.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44322, 44323, 44340, 44341 and 44342, Health and Safety Code.
s 93305. New Facilities and Facilities Whose Emissions Increase.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44322, 44323, 44340, 44341 and 44342, Health and Safety Code.
s 93305.5. Facilities whose Emissions Decrease Below 10 Tons Per Year of Criteria Pollutants.
Note: Authority cited: Sections 39600, 39601, 44320, 44342 and 44344, Health and Safety Code. Reference: Sections 44322, 44323, 44340, 44341, 44342 and 44344, Health and Safety Code.Authority cited: Sections 39600, 39601, 44320, 44342 and 44344, Health and Safety Code. Reference: Sections 44322, 44323, 44340, 44341, 44342 and 44344, Health and Safety Code.
s 93306. Facilities Added to District Surveys.
Note: Authority cited: Sections 39600, 39601 and 44342, Healthand Safety Code. Reference: Sections 44320(b), 44323, 44340, 44341 and 44342, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B.
s 93306.5. Facilities Removed from District Surveys.
Note: Authority cited: Sections 39600, 39601, 44320, 44342 and 44344, Health and Safety Code. Reference: Sections 44320, 44323, 44340, 44341, 44342 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B.
s 93307. Updates to the List of Substances.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44321, 44323, 44340, 44342 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix A.
s 93308. Facilities Emitting Less Than 10 Tons Per Year of Criteria Pollutants.
Note: Authority cited: Sections 39600, 39601, 44322(c), and 44342, Health and Safety Code. Reference: Sections 44321, 44322, 44323, 44340, 44341, 44342, 44343, 44344, and 44365, Health and Safety Code, and 17 CCR Sections 90700-90704, Appendix A.
s 93309. Facilities Emitting Less Than 10 Tons Per Year of Criteria Pollutants And No Longer Falling Within an "Any SIC" Class Description Listed in Appendix E-I.
Note: Authority cited: Sections 39600, 39601, 44320, 44322, 44323, 44342 and 44344, Health and Safety Code. Reference: Sections 44321, 44322, 44323, 44340, 44341, 44342, 44343, 44344 and 44365, Health and Safety Code, and 17 CCR Sections 90700-90704, Appendix E-I.
s 93310. General.
Note: Authority cited: Sections 39600, 29601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93311. Flow Diagram.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93312. Trade Secrets.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code; and Section 6254.7, Government Code.
s 93313. Numbering.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93314. Specification of Emission Quantification Methods.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93315. Source Test Protocol and Other Required Information.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93320. General.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93321. Facility Diagram.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342 and 44346, Health and Safety Code; and Section 6254.7, Government Code.
s 93322. Reporting Forms.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342 and 44345, Health and Safety Code.
s 93323. Other Required Data.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342, and 44360, Health and Safety Code.
s 93324. Plot Plan.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342, Health and Safety Code.
s 93330. Instructions for Record Keeping.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342, 44344 and 44345, Health and Safety Code.
s 93331. Specification of Reporting Period and Averaging Intervals for Each Substance.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93332. Specifications for Identifying Emission Points and Substances Emitted.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93333. Exempted Uses.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342, Health and Safety Code.
s 93334. Emission Quantification and Degree of Accuracy.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44321, 44340, 44341 and 44342, Health and Safety Code, and 17 CCR Section 90700-90704, Appendix A.
s 93335. Reporting Mixtures and Trade Name Products.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44321, 44340, 44341 and 44342, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix A.
s 93336. Source Testing and Measurement.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93337. Pooled Source Testing.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93338. Alternatives to Required Source Testing.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93339. Source Test Protocol and Source Test Report.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342 and 44346, Health and Safety Code; Section 6254.7, Government Code.
s 93340. Converting Source Test Results to Emission Rates.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93345. Specifications for Acceptable Estimation Methods and Emission Factors.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342 and 44345, Health and Safety Code.
s 93346. Format for Reports and Presentation of Data.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93347. Other Procedures.
Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code.
s 93348. Update Requirements.
Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B.
s 93349. Update Summary Form.
Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B.
s 93350. Update Plans and Update Reports.
Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B.
s 93351. Use of Previously Submitted Information.
Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B.
s 93352. Update Reporting Year.
Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B.
s 93353. Schedule for Update Submittal.
Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code, and 17 CCR Sections 90700-90704, Appendix B.
s 93354. Schedule for Update Summary Form Review.
Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B.
s 93355. Change in Ownership or Company Name.
Note: Authority cited: Sections 39600, 39601, 44342, and 44344, Health and Safety Code. Reference: Sections 44320, 44342, and 44344, Health and Safety Code.
s 94000. Test Procedures for Vapor Recovery Systems -Service Stations.
Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39607, 41954, 41959, 41960 and 41960.2, Health and Safety Code.
s 94001. Certification of Vapor Recovery Systems -Service Stations.
Note: Authority cited: Sections 39600, 39601 and 41954, Health and Safety Code. Reference: Sections 39515, 41954, 41959, 41960 and 41960.2, Health and Safety Code.
s 94002. Certification of Vapor Recovery Systems -Gasoline Bulk Plants.
Note: Authority cited: Sections 39600, 39601, 39607 and 41594, Health and Safety Code. Reference: Sections 39515, 39607, 41954, 41959 and 41960, Health and Safety Code.
s 94003. Certification of Vapor Recovery Systems -Gasoline Terminals.
Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39607, 41954, 41959 and 41960, Health and Safety Code.
s 94004. Certification of Vapor Recovery Systems -Gasoline Delivery Tanks.
Note: Authority cited: Sections 39600, 39601, 39607, 41954 and 41962, Health and Safety Code. Reference: Sections 39515, 39516, 39607, 41954 and 41962, Health and Safety Code.
s 94005. Preparation and Submittal of Proof of Correction for Gasoline Cargo Tanks.
(a) Whenever any person has received a notice to appear issued pursuant to Health and Safety Code Section 41970, and the preparation and submittal of a proof of correction by verification is authorized by Health and Safety Code Section 41972, such proof of correction shall contain:
(1) Name of owner or operator, company name (if applicable), and address.
(2) Date, time, and violation specified in notice to appear.
(3) California Highway Patrol cargo tank number.
(4) Manufacturer's number of tank.
(5) California Air Resources Board vapor-emission-certification decal number.
(6) License number of vehicle carrying cargo tank at the time of issuance of notice to appear.
(7) A statement that the violation was corrected, including the following information and documentation:
(A) A brief description of the corrections that were made.
(B) The date on which the corrections were made.
(C) The name, address, and company affiliation (if any) of the person making the correction.
(D) If the violation consists of operation of the cargo tank without issuance of the required vapor recovery certification, a copy of the application for vapor recovery certification and a copy of the issued certification.
(E) If in order to correct the violation it was necessary to test the cargo tank to determine compliance with the annual leak rate criteria, (i) the name, address and company affiliation (if any) of the person conducting the test; (ii) the date of the test; (iii) pressure change in five minutes (in inches of water); (iv) vacuum change in five minutes (in inches of water); (v) a statement by the person conducting the test that the cargo tank was tested in accordance with the procedures established by the Air Resources Board (ARB).
(8) Date, time, and means by which the issuing agency was notified of the opportunity to inspect the corrections.
(9) Location of cargo tank and time specified for inspection.
(10) Statement that the representative of the issuing agency failed to appear at the designated place and time.
(11) Declaration under penalty of perjury by person making correction and/or conducting test that the information contained in Item 7 is true and correct.
(12) Declaration under penalty of perjury by owner or operator named in the notice to appear that all information submitted is true and correct and the violation has been corrected.
(b) The executive officer shall have the authority to approve any modification to the form used for submittal of the information set forth in subsection (a) consistent with said subsection, and shall provide the form to the California Highway Patrol and all air pollution control districts. Every "Proof of Correction by Verification" shall be prepared in triplicate on the form approved by the ARB. The original, along with the copy of the notice to appear, shall be submitted pursuant to Health and Safety Code Section 41f70 to the court specified in the notice to appear. No later than the date of presentment to the court, copies shall be mailed to the agency issuing the notice to appear and to the compliance Division of the ARB.
Note: Authority cited: Sections 39600, 39601 and 41972, Health and Safety Code. Reference: Sections 41970, 41971 and 41972, Health and Safety Code.
s 94006. Defects Substantially Impairing the Effectiveness of Vapor Recovery Systems Used in Motor Vehicle Fueling Operations.
(a) For the purposes of Section 41960.2 of the Health and Safety Code, any defect that meets the following criteria shall be considered substantial and listed by the Air Resources Board: the defect did not exist when the system was certified; the excess emissions associated with the defect have the potential to degrade fueling point or system efficiency by at least five percent; and, a field verification procedure exists to identify the defect.
(b) For the purposes of section 41960.2 of the Health and Safety Code, equipment defects in systems for the control of gasoline vapors resulting from motor vehicle fueling operations which substantially impair the effectiveness of the systems in reducing air contaminants are set forth in the "Vapor Recovery Equipment Defects List" adopted September 23, 2002, June 22, 2005, which is incorporated by reference herein.
Note: Authority cited: Sections 39600, 39601 and 41960.2, Health and Safety Code. Reference: Sections 41954 and 41960.2, Health and Safety Code.
s 94007. Test Procedures for Determination of Gasoline Vapor Leaks.
Note: Authority cited: Sections 39600, 39601, 39607 and 41962, Health and Safety Code. Reference: Sections 39515, 39516, 39607, 41954 and 41962, Health and Safety Code.
s 94010. Definitions.
The definitions of common terms and acronyms used in the certification and test procedures specified in Sections 94011, 94012, 94013, 94014 and 94015 are listed in D-200, "Definitions for Vapor Recovery Procedures", adopted April 12, 1996, as last amended October 8, 2003 which are incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 41954, 41959, 41960 and 41960.2, Health and Safety Code.
s 94011. Certification of Vapor Recovery Systems of Dispensing Facilities.
The certification of gasoline vapor recovery systems at dispensing facilities (service stations) shall be accomplished in accordance with the Air Resources Board's CP-201, "Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing Facilities" which is herein incorporated by reference. (Adopted: December 9, 1975, as last amended February 9, 2005).
The following test procedures (TP) cited in CP-201 are also incorporated by reference.
TP-201.1 - "Volumetric Efficiency for Phase I Systems" (Adopted: April 12, 1996, as last amended October 8, 2003)
TP-201.1A - "Emission Factor For Phase I Systems at Dispensing Facilities" (Adopted: April 12, 1996, as last amended February 1, 2001)
TP-201.1B - "Static Torque of Rotatable Phase I Adaptors" (Adopted: July 3, 2002, as last amended October 8, 2003)
TP-201.1C - "Leak Rate of Drop Tube/Drain Valve Assembly" (Adopted: July 3, 2002, as last amended October 8, 2003)
TP-201.1D - "Leak Rate of Drop Tube Overfill Prevention Devices" (Adopted: February 1, 2001, as last amended October 8, 2003)
TP-201.1E - "Leak Rate and Cracking Pressure of Pressure/Vacuum Relief Vent Valves" (Adopted: October 8, 2003)
TP-201.2 - "Efficiency and Emission Factor for Phase II Systems" (Adopted: April 12, 1996, as last amended October 8, 2003)
TP-201.2A - "Determination of Vehicle Matrix for Phase II Systems" (Adopted: April 12, 1996, as last amended February 1, 2001)
TP-201.2B - "Flow and Pressure Measurement of Vapor Recovery Equipment" (Adopted: April 12, 1996, as last amended October 8, 2003)
TP-201.2C - "Spillage from Phase II Systems" (Adopted: April 12, 1996, as last amended February 1, 2001)
TP-201.2D - "Post-Fueling Drips From Nozzle Spouts" (Adopted: February 1, 2001, as last amended October 8, 2003)
TP-201.2E - "Gasoline Liquid Retention in Nozzles and Hoses" (Adopted: February 1, 2001)
TP-201.2F - "Pressure-Related Fugitive Emissions" (Adopted: February 1, 2001, as last amended October 8, 2003)
TP-201.2G - "Bend Radius Determination for Underground Storage Tank Vapor Recovery Components" (Adopted: October 8, 2003)
TP-201.2H - "Determination of Hazardous Air Pollutants from Vapor Recovery Processors" (Adopted: February 1, 2001)
TP-201.2I - "Test Procedure for In-Station Diagnostic Systems" (Adopted: October 8, 2003)
TP-201.2J - "Pressure Drop Bench Testing of Vapor Recovery Components" (Adopted: October 8, 2003)
TP-201.3 - "Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities" (Adopted: April 12, 1996, as last amended March 17, 1999)
TP-201.3A - "Determination of 5 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities" (Adopted: April 12, 1996)
TP-201.3B - "Determination of Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities with Above-Ground Storage Tanks" (Adopted: April 12, 1996)
TP-201.3C - "Determination of Vapor Piping Connections to Underground Gasoline Storage Tanks (Tie-Tank Test)" (Adopted: March 17, 1999)
TP-201.4 - "Dynamic Back Pressure" (Adopted: April 12, 1996, as last amended July 3, 2002)
TP-201.5 - "Air to Liquid Volume Ratio" (Adopted: April 12, 1996, as last amended February 1, 2001)
TP-201.6 - "Determination of Liquid Removal of Phase II Vapor Recovery Systems of Dispensing Facilities" (Adopted: April 12, 1996, as last amended April 28, 2000)
TP-201.6C - "Compliance Determination of Liquid Removal Rate" (Adopted: July 3, 2002)
TP-201.7 - "Continuous Pressure Monitoring" (Adopted: October 8, 2003)
Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 41952, 41954, 41956.1, 41959, 41960 and 41960.2, Health and Safety Code.
s 94012. Certification of Vapor Recovery Systems for Gasoline Bulk Plants.
The certification of gasoline vapor recovery systems at bulk plants shall be accomplished in accordance with the Air Resources Board's CP-202 "Certification Procedure for Vapor Recovery Systems of Bulk Plants" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999)
The following test procedure (TP) cited in CP-202 is also incorporated by reference.
TP-202.1 - "Determination of Emission Factor of Vapor Recovery Systems of Bulk Plants" (Adopted: April 12, 1996, as last amended March 17, 1999)
Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39607, 41954, 41959 and 41960, Health and Safety Code.
s 94013. Certification of Vapor Recovery Systems for Gasoline Terminals.
The certification of gasoline vapor recovery systems at terminals shall be accomplished in accordance with the Air Resources Board's CP-203 "Certification Procedure for Vapor Recovery Systems of Terminals" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999).
The following test procedure (TP) cited in CP-203 is also incorporated by reference.
TP-203.1 - "Determination of Emission Factor of Vapor Recovery Systems of Terminals" (Adopted: April 12, 1996, as last amended March 17, 1999)
Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39607, 41954, 41959 and 41960, Health and Safety Code.
s 94014. Certification of Vapor Recovery Systems for Cargo Tanks.
The certification of gasoline vapor recovery systems for cargo tanks shall be accomplished in accordance with the Air Resources Board's CP-204 "Certification Procedure for Vapor Recovery Systems of Cargo Tanks" which is incorporated herein by reference. (Adopted: April 18, 1977, as last amended March 17, 1999).
The following test procedures (TP) cited in CP-204 are also incorporated by reference.
TP-204.1 - "Determination of Five Minute Static Pressure Performance of Vapor Recovery Systems of Cargo Tanks" (Adopted: April 12, 1996, as last amended March 17, 1999)
TP-204.2 - "Determination of One Minute Static Pressure Performance of Vapor Recovery Systems of Cargo Tanks" (Adopted: April 12, 1996, as last amended March 17, 1999)
TP-204.3 - "Determination of Leak(s)" (Adopted: April 12, 1996, as last amended March 17, 1999)
Note: Authority cited: Sections 39600, 39601, 39607, 41954 amd 41962, Health and Safety Code. Reference: Sections 39515, 39516, 39607, 41954 and 41962, Health and Safety Code.
s 94015. Certification of Vapor Recovery Systems for Novel Facilities.
The certification of gasoline vapor recovery systems for novel facilities shall be accomplished in accordance with the Air Resources Board's CP-205 "Certification Procedure for Vapor Recovery Systems of Novel Facilities" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999).
The following test procedures (TP) cited in CP-205 are also incorporated by reference.
TP-205.1 - "Determination of Efficiency of Phase I Vapor Recovery Systems of Novel Facilities" (Adopted: April 12, 1996, as last amended March 17, 1999)
TP-205.2 - "Determination of Efficiency of Phase II Vapor Recovery Systems of Novel Facilities" (Adopted: April 12, 1996, as last amended March 17, 1999)
Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39607, 41954 and 41962, Health and Safety Code.
s 94100. Applicability.
The test methods set forth in this article shall be used to determine compliance with the nonvehicular emission standards of the districts. However, where a district board, air pollution control officer or executive officer has established a test method concerning the same subject as a test method set forth in this article, the district test method shall be used to determine compliance with the district's nonvehicular emission standards.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94101. Method 1 -Sample and Velocity Traverses.
The test procedure for determining traverse points for sample and velocity measurements is set forth in the Air Resources Board's Method 1, Sample and Velocity Traverses for Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94102. Method 2 -Velocity and Volumetric Flow Rate.
The test method for determining stack gas velocity and volumetric flow rate using a type S pilot tube is set forth in the Air Resources Board's Method 2, Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S Pilot Tube), adopted June 19, 1983, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94103. Method 3 -Gas Analysis.
The test method for determining carbon dioxide, oxygen, excess air and molecular weight on a dry basis in stack gases is set forth in the Air Resources Board's Method 3, Gas Analysis for Carbon Dioxide, Oxygen, Excess Air, and Dry Molecular Weight, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94104. Method 4 -Moisture Content.
The test method for determining the moisture content in stack gases is set forth in the Air Resources Board's Method 4, Determination of Moisture Content in Stack Gases, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94105. Method 5 -Particulate Matter Emissions.
The test method for determining particulate matter emissions is set forth in the Air Resources Board's Method 5, Determination of Particulate Matter Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 28, 1997, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code.
s 94106. Method 6 -Sulfur Dioxide.
The test method for determining sulfur dioxide emissions is set forth in the Air Resources Board's Method 6, Determination of Sulfur Dioxide Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94107. Method 7 -Nitrogen Oxides.
The test method for determining nitrogen oxide emissions is set forth in the Air Resources Board's Method 7, Determination of Nitrogen Oxide Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 28, 1997, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code.
s 94108. Method 8 -Sulfuric Acid Mist and Sulfur Dioxide.
The test method for determining sulfuric acid mist and sulfur dioxide emissions is set forth in the Air Resources Board's Method 8, Determination of Sulfuric Acid Mist and Sulfur Dioxide Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94109. Method 10 -Carbon Monoxide.
The test method for determining carbon monoxide emissions is set forth in the Air Resources Board's Method 10, Determination of Carbon Monoxide Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94110. Method 11 -Hydrogen Sulfide.
The test method for determining the hydrogen sulfide content in petroleum refinery fuel gas streams is set forth in the Air Resources Board's Method 11, Determination of Hydrogen Sulfide Content of Fuel Gas Streams in Petroleum Refineries, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94111. Method 15 -Sulfides.
The test method for determining hydrogen sulfide, carbonyl sulfide, and carbon disulfide emissions is set forth in the Air Resources Board's Method 15, Determination of Hydrogen Sulfide, Carbonyl Sulfide, and Carbon Disulfide Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94112. Method 16 -Sulfur.
The test method for determining emissions of total reduced sulfur is set forth in the Air Resources Board's Method 16, Semicontinuous Determination of Sulfur Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94113. Method 17 -Particulate Matter Emissions (In-Stack).
The test method for determining particulate matter emissions using an in-stack filtration method is set forth in the Air Resources Board's Method 17, Determination of Particulate Matter Emissions from Stationary Sources (In-Stack Filtration Method), adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94114. Method 100 -Continuous Sampling.
The test method for continuous gaseous emission stack sampling is set forth in the Air Resources Board's Method 100, Procedures for Continuous Gaseous Emission Stack Sampling, adopted June 29, 1983, as amended July 28, 1997, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code.
s 94115. Method 104 -Beryllium.
The test method for determining particulate beryllium emissions is set forth in the Air Resources Board's Method 104, Determination of Beryllium Emissions from Stationary Sources, adopted June 29, 1983, as amended March 28, 1986.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94116. Method 106 -Vinyl Chloride.
The test method for determining vinyl chloride emissions from ethylene dichloride, vinyl chloride and polyvinyl chloride manufacturing processes is set forth in the Air Resources Board's Method 106, Determination of Vinyl Chloride Emissions from Stationary Sources, adopted June 29, 1983.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39605, 39607 and 40001, Health and Safety Code.
s 94117. Method 2A -Gas Volume Through Pipes and Small Ducts.
The test method for determining gas flow rates in pipes and small ducts is set forth in the Air Resources Board's Method 2A, Direct Measurement of Gas Volumes Through Pipes and Small Ducts, adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94118. Method 5A -Particulate Matter Emissions (Asphalt Processing and Roofing Sources).
The test method for determining particulate emissions from asphalt roofing industry sources is set forth in the Air Resources Board's Method 5A, Determination of Particulate Emissions from the Asphalt Processing and Asphalt Roofing Industry, adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94119. Method 5E -Particulate Matter Emissions (Wool Fiberglass).
The test method for determining wool fiberglass particulate emissions is set forth in the Air Resources Board's Method 5E, Determination of Particulate Emissions from the Wool Fiberglass Insulation Manufacturing Industry, adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94120. Method 12 -Inorganic Lead Emissions.
The test method for determining inorganic lead emissions is set forth in the Air Resources Board's Method 12, Determination of Inorganic Lead Emissions from Stationary Sources, adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code.
s 94121. Method 13A -Fluoride Emissions (SPADNS Zirconium Lake Method).
The test method for determining total fluorides emissions is set forth in the Air Resources Board's Method 13A, Determination of Total Fluoride Emissions from Stationary Sources (SPADNS Zirconium Lake Method), adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference. (continued)