(Adopted January 8, 1993)(Amended January 14, .1994)

(Amended February 11, 1994) (Amended October 13, 1995)

(Amended March 8, 1996)(Amended April 11, 1997)(Amended May 9, 1997)

(Amended July 10, 1998)

RULE 1610. OLD-VEHICLE SCRAPPING

(a) Purpose

The purpose of this rule is to reduce motor vehicle volatile organic compounds

(VOC), nitrogen oxides (NO~), carbon monoxide (CO), and particulate matter

(PM) exhaust emissions by issuing mobile source emission reduction credits in

exchange for the scrapping of old, high emitting vehicles. Pràcurement of old

vehicles could be accomplished by persons voluntarily giving up their vehicle for

scrapping upon receiving an incentive payment. This rule provides a mechanism

through which stationary source emissions can be brought into compliance with

District regulations through mobile source emission reductions. Mobile source

emission reduction credits (MSERCs) generated may. only be applied towards

compliance with designated rules with future compliance dates within District

Regulation XI, Source Specific Standards; Regulation XXII, On-Road Motor

Vehicle Mitigation; Regulation XIII, New Source Review; Regulation XX,

Regional Clean Air Incentives Market (RECLAIM); or any other District

regulations that allow the use of credits. MSERCs may not be~ applied towards

compliance with federal requirements that do not authorize compliance through

emissions trading including those promulgated by U.S. EPA as authorized under

Title 42, U. S. Code Sections 7411, 7412(d), and those subsections of 7511 b of the

U.S. Code that do not authorize compliance through emissions trading. The value

of these credits is based on old vehicles having, on average, at least three years

useful remaining life prior to scrapping. The effective date for Rule 1610

amendments approved by the Governing Board on July 10, 1998 shall be

September 10, 1998.

(b) Definitions

For purposes ofthis rule, the following definitions shall apply:

(1) MOBILE SOURCE EMISSION REDUCTION CREDIT (MSERC) means

credit for real, quantified emission reductions, approved by the Executive

• Officer or designee, as authorized by this rule, and surplus to emission

1610-1
Rule 1610 (Cont,) (Amended July 10, 1998)

reductions required by ARB, District, and U.S. EPA regulations and the

most recent District or U.S. EPA approved Air Quality Management Plan,

whichever is more stringent.

(2) NITROGEN OXIDES (NOt) means the sum of nitric oxides and nitrogen

dioxides emitted, collectively expressed as nitrogen dioxide emissions.

(3) OLD-VEHICLE means 1981 and earlier model-year passenger cars and

• light-duty trucks.

(4) OLD-VEHICLE SCRAPPING PROGRAM means a program in which old

vehicles are scrapped in exchange for MSERCs.

• (5) 1UNGELMANN CHART is the Ringelmann Chart published in the United

States Bureau ofMine Information Circular No. 1C8333.

(6) SCAQMD LICENSED SCRAPPER means an entity certified by the

Executive Officer or designee to generate MSERCs by scrapping vehicles,

as authorized by this rule.

(7) SCRAPPING means the process by which a motor vehicle is permanently

removed from service through compliance with subdivision (e).

(8) VOLATILE ORGANIC COMPOUND (VOC) means any volatile

compound of carbon, excluding: methane, carbon monoxide, carbon

dioxide, carbonic acid, metallic carbides or’ carbonates, ammonium

carbonate, and exempt compounds as defined in District Rule 102.

(c) SCAQMD Licensed Scrapper Certification Requirements

(1) SCAQMD Licensed Scrappers shall have vehicles dismantled only by auto

dismantlers that are licensed by the California Department of Motor

Vehicles, and shall include the following in the scrapping plan: (1) the name

and address of the California Department of Motor Vehicles licensed auto

dismantler (hereafter referred to as the DMV licensed auto dismantler), and

(2) a written statement from the auto dismantler under penalty of peijuiy

certifying compliance with: local water conservation regulations; state,

county, and city energy and hazardous materials response regulations; and

local water agency soil, surface, and ground water contamination

regulations.

(2) Entities intending to seek initial certification as an SCAQMD Licensed

Scrapper shall submit a scrapping plan to the Executive Officer or designee

at least one month prior to planned initiation of Rule 1610 vehicle

scrapping operations. Entities certified as an SCAQMD Licensed Scrapper

1610-2
Rule 1610 (Cont.) (Amended July 10, 1998)

as of July 10, 1998 shall be required to submit a revised scrapping plan and

obtain Executive Officer or designee approval prior to accepting vehicles

for Rule 1610 scrapping after September 10, 1998. The scrapping plan

shail be submitted on forms specified by the Executive Officer or designee,

and contain specific information including, but not limited to:

(A) information demonstrating the ability to comply with all provisions

of this rule relating to vehicle selection, inspection, storage,

disposal, and recordkeeping requirements.

(B) anticipated initiation date for scrapping program. (Entities certified

as SCAQMD Licensed Scrappers prior to July 10, 1998 shall be

• exempt from this requirement.)

(C) a description of the procedure to render the engine inoperable, if

subparagraph (e)(2)(C) is employed by the SCAQMD Licensed

Scrapper in lieu of subparagraph (e)(2)(A) or (e)(2)(B).

• (i) The SCAQMD Licensed Scrapper shall demonstrate the

procedure to the Executive Officer or designee.

(ii) Scrapping plans approved prior to March 8, 1996 shall be

amended within 30 days prior to the start of the next vehicle

scrapping program ifthe procedure will be utilized.

(D) any other information required by the Executive Officer to ensure

the enforceability ofthe provisions ofthis rule.

(3) Certification as an SCAQMD Licensed Scrapper shall occur with written

approval of the scrapping plan by the Executive Officer or designee.

Approval of the scrapping plan shall be based on information denoted in

paragraph (c)(1) and subparagraphs (c)(2)(A) through (c)(2)(D). The

Executive Officer or designee shall have one month to approve or

disapprove the scrapping plan and shall disapprove the scrapping plan

unless it complies with paragraph (c)(1) and subparagraphs (c)(2)(A)

through (c)(2)(D). The Executive Officer or designee shall also disapprove

the scrapping plan if the additional air pollutant emissions, caused by

scrapping vehicles in connection with this rule, exceed District significance

thresholds.

(4) The SCAQMD Licensed Scrapper shall be prohibited from modifying Rule

1610 vehicle scrapping operations in a manner that is inconsistent with any

information provided in the most recently submitted scrapping plan, unless

the SCAQMD Licensed Scrapper has provided a revised scrapping plan to

1610-3
Rule 1610 (Cont.) (Amended July 10, 1998)

the District and obtained written approval from the District prior to

implementing these modifications. The District may revoke the scrapping

plan if the SCAQMD Licensed Scrapper fails to comply with this

requirement.

(d) Notice Requirements for Vehicle Scrapping

(1) SCAQIvID Licensed Scrappers shall submit written notice to the Executive

Officer or designee at least two weeks prior to accepting vehicles for

scrapping, indicating date, location, and estimated number of vehicles to be

scrapped.

(2) The SCAQMD Licensed Scrapper shall make reservations to accept a

minimum of 15 vehicles for scrapping at a specific site on a single day

unless a written waiver is obtained from the District to allow fewer

reservations. This waiver may be issued if the SCAQMD Licensed

Scrapper provides written documentation to the District indicating that

fewer than 15 vehicles are required to complete an existing vehicle

scrapping contract. At the District’s request, the Licensed Scrapper shall

provide the names of vehicle owners making reservations and

corresponding vehicle license plate numbers at least one week prior to

accepting the vehicles for scrapping.

(e) Vehicle Disposal Requirements

(1) At a minimum, scrapping shall entail the permanent destruction of the

following vehicle components:

(A) Vehicle Identification Number

(B) License Plates

(C) Body/Frame

(2) The SCAQMD licensed scrapper or DMV licensed auto dismantler shall

render the engine inoperable within thirteen days subsequent to possession

ofthe old vehicle using any ofthe following procedures:

(A) permanent destruction of the cylinder block; or

(B) introduction of sand into the combustion chamber (the sand shall be

introduced by removing spark plugs from two adjacent cylinders,

pouring the sand into these cylinders, reinstalling the spark plugs,

and attempting to start the engine. This procedure shall be deemed

complete when the engine has seized); or

1610-4
Rule 1610 (Cont.) (Amended July 10, 1998)

(C) an alternative procedure which renders the engine inoperable and

which has been proposed by the scrapper or dismantler and is

included in a plan submitted pursuant to subparagraph (c)(4)(D)

approved by the Executive Officer or designee.

(3) Except for components listed in subparagraphs (e)(1)(A) through

(e)(l)(C), removal of reusable components, e.g., doors, fenders, bumpers,

subframes and disassembled engine components is allowed during the 90-

day period subsequent to possession of the old vehicle by the SCAQMD

licensed scrapper or DMV licensed auto dismantler.

(4) Vehicle components listed in subparagraphs (e)(l)(A) through (e)(1)(C)

shall be permanently destroyed no later than 100 days subsequent to

possession of the old vehicle by the SCAQMD licensed scrapper or DMV

licensed auto dismantler.

(5) All activities associated with scrapping vehicles, including but not limited

to the disposal of vehicle fluids and vehicle components, shall comply with:

local water conservation regulations; state, county, and city energy and

hazardous materials response regulations; and local water agency soil,

surface, and ground water contamination regulations.

(f) Vehicle Selection Requirements

(1) Only 1981 and earlier model-year passenger cars and light-duty trucks

(“old vehicles”) shall be eligible for MSERCs through the old-vehicle

scrapping program.

(2) To be eligible for MSERCs, old vehicles to be scrapped shall meet all of

the following requirements.

(A) For at least two continuous years prior to scrapping, registration

with the California Department of Motor Vehicles to one or more

addresses located in the District.

(B) For at least two continuous years prior to scrapping, registration

with Department of Motor Vehicles as an operable vehicle, except

that registration as a nonoperable vehicle for up to two months

cumulatively, occurring at least three months prior to scrapping,

shall be acceptable under this subparagraph. Smog checks must be

performed as required by Department of Motor Vehicles in order

for the vehicle to be considered registered.

1610-5
Rule 1610 (Cont.) (Amended July 10, 1998)

(C) Any person submitting a second or successive vehicle to any. one

Licensed Scrapper shall provide proof of continuous vehicle

ownership and continuous registration as an operable vehicle in the

District since January 1, 1992 as provided in subparagraph

(f)(4)(A) and shall meet all functional and registration requirements

ofthe Rule.

• (0) The vehicle owner shall provide California Certificate of Title or

• DMV application for duplicate title.

(3) The requirements contained in subparagraph (f)(2)(B) shall be established

through an inspection of Department of Motor Vehicles registration

records by the SCAQMD Licensed Scrapper.

(4) The requirements contained in subparagraph (f)(2)(A) shall be established

by the SCAQMD Licensed Scrapper obtaining written documentation from

the DMV verifying that the vehicle has been continuously registered to

address(es) located in the District for the two year period prior to

scrapping; or through a SCAQMD Licensed Scrapper inspection of

documentation supplied by the vehicle owner(s), which can be verified

through DMV records. The documentation supplied by the vehicle owner

shall include the following.

(A) For vehicles that have been owned by one person for two

continuous years prior to scrapping, the current vehicle registration

card plus one additional document dated at least two years prior to

scrapping shall be required. This additional document may be a

previous vehicle registration card, a. utility statement, a credit card

statement, insurance invoice, a California Certificate of Title,

California Drivers License, California Identification Card, or

canceled checks, and shall contain certain information that has been

preprinted by the original issuer ofthe document, including:

(i) at least one registered owner’s name

(ii) registered owner’s address that is located in the District

(iii) date prepared

(B) For vehicles with more than one owner during the two year period

prior to scrapping, vehicle registration cards, or California

Certificate of Titles for the current owner and each previous owner,

verifying that the vehicle has been continuously registered to

1610-6
Rule 1610 (Cont.) (Amended July 10, 1998)

address(es) located in the District for the two year period prior to

scrapping.

(g) Vehkle Inspection

In order to be eligible for MSERCs, each vehicle to be scrapped shall pass a visual

and functional inspection upon delivery to the DMV licensed auto dismantler. The

SCAQMD licensed scrapper shall veriIj compliance with vehicle inspection

requirements specified in this subdivision. Prior to conducting this inspection, the

SCAQMD licensed scrapper shall verify that the person(s) delivering the vehicle to

scrapping site are the vehicle owner(s), and the vehicle does not have any liens.

The following elements shall be included in the inspection.

(1) Vehicle must have been driven under its own power to scrapping site. If a

SCAQMI) Licensed Scrapper and/or District personnel has knowledge

prior to the scrapping of a vehicle that (1) the vehicle was towed or pushed

for any portion of the trip to the scrapping site,, or (2) one or more items

described in subparagraphs (g)(5)(B) through (g)(5)(E) occurred while the

vehicle was being driven to the scrapping site, then the Licensed Scrapper

shall not accept the vehicle.

(2) Licensed Scrapper shall inspect the vehicle to ensure it meets the following

requirements, and shall reject the vehicle for MSERC generation if the

vehicle fails any one ofthese requirements.

(A) All doors shall be present and at a minimum one door per passenger

compartment shall be operable. Doors shall be deemed operable if

they can open and remain closed without the use of ropes, wire, çr

tape, or any other add-on device or material that was not part of the

original design ofthe vehicle.

(B) The trunk lid shall remain closed without the use of ropes, wire, or

tape, or any other add-on device or material that was not part of

original design ofthe vehicle.

(C) The hood (metal cover providing access to the engine) shall open

and shall remain closed utilizing a functional latching mechanism,

without the use of bungee cords, strapping, ropes, wire, or chains,

or any other external device or material that was not part of the

original design ofthe vehicle.

(D) The dashboard shall contain warning lights and gauges (except

clock and/or tachometer) as originally supplied by manufacturer or

1610-7
Rule 1610 (Cont.) (Amended July 10, 1998)

functionally equivalent aftermarket replacements, and the odometer

shall be operational.

(B) Windshield wipers shall be present and operational.

(F) The windshield or rear window shall not contain any holes, or holes

that are covered by tape or any other external component or any

other defective condition that impairs the driver’s vision. In

addition, the.windshield or rear window shall not be held in place

by external components that were not part of the original design of

the vehicle.

(G) The driver’s seat shall not be reinforced or supported by add-on

components such as blocks, tires, boards, pillows, or ropes in order

• to be functional.

(H) Interior pedals (flat surface attached to a lever(s) controlling the

brake, clutch, and accelerator) shall be present.

(I) The vehicle shall contain bumpers, fenders, exhaust system, and

side and quarter panels as originally supplied by the manufacturer

or aftermarket part equivalent; and these components shall not be

damaged to the extent that the operability ofthe vehicle is impaired.

(I) The vehicle shall not contain any holes in the floorboard or any

holes penetrating through the body into the passenger

compartment. A hole originally designed into the floorboard by the

vehicle manufacturer for drainage shall be exempt from this

requirement.

(K) Headlights as well as tail and brake lights shall be present and

operational. Burned out light bulbs shall not result in a failure of

this requirement provided that the operability of the above lighting

systems can be verified.

(L) Driver~s side window and opposing side window shall be present,

and not be supported by any add-on component that was not part

of the original design of the vehicle. Other side windows or

fi.inctional replacements shall be present.

(3) Licensed Scrapper shall inspect the vehicle to ensure it meets the following

requirements, and shall reject the vehicle for MSERC generation if the

vehicle fails any two ofthese requirements.

1610-8
Rule 1610 (Cont.) (Amended July 10, 1998)

(A) Turn signal lights shall be present and operational. Burned out light

bulbs shall not result in a failure of this. requirement provided that

the operability ofthe above lighting system can be verified.

(B) Driver’s side window and opposing side passenger window shall be

operational. Operability shall be determined by Licensed Scrapper

raising and lowering the windows using the window handle, crank,

or power window switch located inside of vehicle. Inability of

windows to be raised and lowered shall result in noncompliance

with this requirement.

(C) Rear-view mirror and side-view mirror shall be present and

operational.

(1)) The vehicle shall contain interior door panels as originally supplied

by vehicle manufacturer or aftermarket equivalent. Interior door

panels shall be attached to the door without the use of any external

device or material not designed for the vehicle.

(E) The vehicle body shall not contain any holes that exceed two inches

in length at the widest point.

(4) Licensed Scrapper shall complete the following functional inspection

requirements, and shall reject the vehicle for MSERC generation if the

vehicle fails to complete any one of these requirements. Prior to

implementing the functional inspection, the vehicle engine shall be turned

off

(A) Insert key, vehicle engine shall start using keyed ignition system. In

addition to the keyed ignition switch, ignition or fuel kill switches

may be activated ifrequired to start engine.

(B) Vehicle shall idle without use of accelerator pedal for a minimum of

ten seconds.

(C) Transmission shall be shined into forward gear with brake pedal

applied. Vehicle engine shall remain operating without use of

accelerator pedal for a minimum often seconds. Vehicles equipped

with manual transmissions shall be exempt from this requirement.

(I)) The vehicle shall be driven forward and in reverse for a minimum of

25 feet under its own power.

(B) The vehicle shall be driven under its own power:

(i) for a minimum of three miles within a one hour period. The

starting and ending points for the three mile test drive shall

1610-9
Rule 1610 (Cont.) (Amended July 10, 1998)

be the auto dismantling facility as designated by the

SCAQMD Licensed Scrapper to accept Rule 1610 vehicles,

or

(ii) forward for a minimum of 100 feet starting at 0 miles per

hour, and the vehicle shall completely stop at the end of this

test using the vehicle’s braking system. The vehicle shall

travel the first 60 feet of this test within 5.5 seconds. After

100 feet has been traveled, the vehicle shall turn around and

return to its point of origin.

(5) The Licensed Scrapper shall reject the vehicle for MSERC generation if

any of the following occurs during implementation of tests specified in

paragraphs (g)(2) and (g)(3), subparagraphs (g)(4)(A) through (g)(4~D),

or clause (g)(4)(E)(i).

(A) Engine shuts down subsequent to keyed ignition start.

(B) Visible emissions from the tailpipe or any other vehicle component

for ten seconds continuously or longer which are as dark or darker

in shade as that designated as Number 1 on the Ringelmann Chart

or of such opacity as to obscure an observer’s view to an equivalent

degree. (Tailpipe emissions from diesel powered vehicles shall be

• exempt from this requirement.)

(C) Emissions of whining, grinding, clanking, squealing, or knocking

• noises or noises from engine backfire.

(D) Generation of visible dripping of oil, coolant, transmission fluid,

brake fluid, power steering fluid, or ±el during the inspection of the

vehicle, exceeding ten drops per minute.

(B) The brake pedal drops to the floor when the Licensed Scrapper

attempts to stop the vehicle.

(h) Vehicle Smog Check Requirement

(1) If the vehicle to be volunteered for scrapping is within 30 days before a

required smog check, the vehi~le shall pass the smog check without repair

cost waiver or economic hardship extension prior to accepting the vehicle

for scrapping under Rule 1610.

(2) • Owners of vehicles requiring smog checks pursuant to paragraph (h)(1)

shall be required to submit documentation issued by a BAR approved smog

1610 - 10
Rule 1610 (Cont.) (Amended July 10, 1998)

check station to the SCAQMD licensed scrapper, demonstrating

compliance with paragraph (h)(1).

(i) Mobile Source Emission Reduction Credits Per Scrapped Vehicle

(1) Mobile source emission reduction credits shall be issued upon approval of

the application pursuant to subdivision (1). The MSERCs shall be.

calculated according to the following formula:

MSERC = 3 x [((SCRAP - REPLACE) x MILESC)/454]fDF

Where:

MSERC = Mobile Source Emission Reduction Credit (total

pounds of pollutant)

SCRAP Emission rate of scrapped vehicle in grams per mile,

according to paragraph (i)(2), based on the modelyear ofthe scrapped vehicle.

MILESC = Average annual mileage corresponding to model-year

of scrapped vehicle, according to paragraph (i)(3).

REPLACE = Average in-use vehicle emission rate in grams per mile

for year in which vehicle is scrapped, according to

paragraph (i)(4)

DF = Discount Factor, for the purpose of generating credits,

equal to 1.0

(2) Emission Rates of Scrapped Vehicle for VOC, NOx, CO and PM

(grams/mile):

Model-year Group VOC NQ~c £~

Pre-1972 12.4 4.0 69.5 0.04

1972-1974 9.7 3.8 46.4 0.04

1975-1981 3.9 3.0 36.1 0.01

(3) Average Annual Mileage of Scrapped Vehicles (miles):

Year Annual Mileage

Pre-1972 4,900

1972-1974 5,300

1975-1981 6,400

1610-11
Rule 1610 (Cont.) (Amended July 10, 1998)

(4) Average In-use Motor Vehicle Emission Rate (grams/mile) for 1993

calendar year, for VOC, NOx CO and PM:

VOC NQ~ ~Q ~M Usage

1.8 1.2 13.6 0.01 Average Vehicle Replaces Pre-1972

Vehicle

1.8 1.2 13.6 0.01 Average Vehicle Replaces 1972-1974

Vehicle

1.6 1.2 13.6 0.01 Average Vehicle Replaces 1975-1981

Vehicle

(5) Emission rates and annual mileage rates as shown in paragraphs (i)(2),

(i)(3), (i)(4), and (i)(6) are based on ARB’s EMFAC 7F emission factor

model and BURDEN 7F vehicle activity model. These rates may be

updated and published upon concurrence by ARB and District staffs, based

on a revision to ARB’s emission factor model. The Executive Officer shall

submit any District Governing Board approved revisions to the emission

rates provided in this subdivision to U.S. EPA for inclusion into the State

Implementation Plan.

(6) MSERCs per scrapped vehicle, as of October 13, 1995, shall be the

following:

(A) Using a 1.2 Discount Factor, VOC, NON, CO and PM, Mobile

Source Emission Reduction Credits Per Scrapped Vehicle (total

pounds)

Vehicle Model-Year VOC NOx CO PM

Pre-1972 285 75 1500 0.8

1972-1974 233 75 950 0.9

1975-1981 80 63 800 0

(B) Using a 1.0 Discount Factor, VOC, NON, CO, and PM, Mobile

Source Emission Reduction Credits Per Scrapped Vehicle (total

pounds)

Vehicle Model-Year VOC NOx ~Q fM

• Pre-1972 342 90 1800 1.0

1972-1974 279 90 1140 1.1

1975-1981 • 96 75 960 0

(7) MSERCs generated from vehicle scrapping activities shall be valid for five

years from the date of application approval pursuant to subdivision (1), with

the limitation that no more than one-third of the MSERCs may be

1610 - 12
Rule 1610 (Cont.) (Amended July 10, 1998)

consumed within one year from the date of approval and not more than

two-thirds of the MSERCs may be consumed within two years from the

date of approval. This paragraph shall also apply to credits that have been

issued for vehicle scrapping activities prior to October 13, 1995 provided

thatthese credits have not expired or have not been consumed.

(j) Use ofMSERCs

(1) MSERCs may be used only for any ofthe following applications:

(A) As RECLAtM Trading Credits in accordance with Rule 2008.

(B) As an alternative method of compliance with District Regulation XI

rules that have future compliance dates. MSERCs shall not be used

to offset emission increases caused by the removal of emission

control equipment or replacement of compliant with noncompliant

materials subject to Regulation XI.

(C) As an alternative method of compliance with District Regulation

XXII rules that allow the use of MSERCs. MSERCs generated

from vehicle scrapping activities occurring before October 13,

1995, may be used by any entity pursuant to this subparagraph.

(D) As New Source Review (NSR) offsets for emission increases at

new or modified facilities that are subject to Rule 1303 (b)(2)

pursuant to provisions in Regulation XIII. Pursuant to Rule 504,

no variance or series of variances, including emergency and interim

variances, shall be granted for a period in excess of 90 days from

the initial granting of a variance, from a permit condition

implementing a Regulation XIII offset requirement if. such permit

condition is based upon the use ofMSERCs.

(B) For voluntary retirement of MSERCs for air quality benefits.

(F) As an alternative method of compliance with any other District

regulations which allow the use of credits.

(2) The discount factor shall be equal to 1.2 except that for credits used as an

alternative method of compliance with Regulation XXII shall be quantified

using a discount factor equal to 1.0.

(3) An entity using MSERCs in accordance to subparagraph (j)(l)(B),

(j)(1)(D), and (j)(l)(F) shall demonstrate to the Executive Officer that

emissions at the entity’s facility are not subject to Risk Reduction

1610 - 13
Rule 1610 (Cont.) (Amended July 10, 1998)

Requirements pursuant to Rule 1402, subdivision (f), or use of MSERCs

will not result in adverse change in attainment of risk reduction

requirements under Rule 1402.

(4) In addition to subparagraph (j)(3),

(A) In order to use MSERCs in lieu of compliance with an emission

limitation in a Regulation XI rule as authorized in subparagraph

(JX1)(B), an entity must establish that:

(i) use of MSERCs does not result in NO~ emissions greater

than or equal to 200 pounds per day, from those portable

internal combustion engines where MSERCs will be used,

where portable internal combustion engines are defined

pursuant to paragraph (a)(5) ofRule 1110.2; or

(ii) NO~ emissions from those portable internal combustion

engines where MSERCs will be used, will not cause an

exceedance of the state nitrogen dioxide ambient air quality

standard.

(B) In order to use MSERCs in lieu of compliance with an emission

limitation in a Regulation Xl rule as authorized in subparagraphs

(j)(1)(B) or (j)(1)(F), an entity must demonstrate that:

(1) use of MSERCs will not result in an increase or forgone

reduction in carcinogenic health risk greater than 1 x I 0~ or

Hazard Index greater than 1 for all substances listed in Rule

1402; the assessment of health risk shall be conducted in

accordance with guidance used in implementing Rules 1401

- New Source Review of Carcinogenic Air Contaniinants

and 1402 - Control of Toxic Air Contaminants from

Existing Sources;

(ii) use of MSERCs will not result in a Significant Risk Level,

in accordance with Rule 1402 paragraph (d)(1 1), when the

increased carcinogenic health risk or Hazard Index as

determined pursuant to subclause (j)(4)(B)(i) of this rule are

added to the total facility risk for those facilities that were

1610-14
Rule 1610 (Cont.) (Amended July 10, 1998)

required to prepare a health risk assessment pursuant to the

criteria in Rule 1402(c); and

(iii) use of MSERCs will not cause a significant increase in an

air quality concentration as determined using the

methodology as set forth in Rule 1303, Table A-2 of

Appendix A.

(5) Compliance plans currently being implemented as of May 9, 1997 shall

demonstrate compliance with paragraphs (j)(3) and (j)(4) when their next

plan is due or within six months of date of adoption, whichever occurs first.

(6) Scrapping plans currently being implemented as of October 13, 1995, for

the purpose of delaying compliance of Regulation XI rules shall be

permitted to complete their implementation.

(7) MSERCs may only be transferred as permitted by Regulations XX or

XXII, except that SCAQMD Licensed Scrappers that are not subject to

either District Regulation XI or Rule 130 1(b)(2) may also transfer

MSERCs to other entities that were SCAQMD Licensed Scrappers as of

the date the MSERCs were generated.

(8) MSERCs shall only be consumed in the air basin corresponding to the

registered address of the old vehicle, prior to the DMV licensed auto

dismantler or SCAQMD Licensed Scrapper taking possession of the

vehicle.

(k) Recordkeeping Requirements

(1) SCAQMD Licensed Scrappers shall maintain a copy of the scrapping plan

described in subdivision (c) and the notices given pursuant to subdivision

(d) for five years following termination of vehicle scrapping.

(2) The following information shall also be collected and maintained in written

records by the SCAQMD Licensed Scrapper for five years following

termination of vehicle scrapping, and be made available to District

personnel upon request:

(A) Starting and ending dates of the old-vehicle scrapping program.

(B) Number of vehicles scrapped.

(C) Dates vehicles were scrapped.

1610-15
Rule 1610 (Cont.) (Amended July 10, 1998)

(D) Complete name, address, and telephone number of the person

conducting the old-vehicle scrapping program.

(E) Complete name, address, and telephone number of the auto

dismantler and any program subcontractors.

(F) A detailed description of project organizational structure and

logistical arrangements, including location(s) of collection and

disposal facilities, and scrapping procedure including disposal

pràcedures for all vehicle components and fluids.

(G) Smog Check documentation pursuant to paragraph (h)(2).

(3) SCAQMD Licensed Scrappers shall be responsible for storing and

maintaining computer accessible data records of scrapped vehicles.

(4) The computer hardware, software, and communications protocol, to be

used for storing and maintaining computer accessible data records, shall be

specified by the Executive Officer or designee for compatibility with

existing District computer related equipment.

(5) Data records for each scrapped vehicle shall include the following:

(A) Vehicle make

(B) Vehicle model

(C) Vehicle model-year

(D) Vehicle license plate number

(B) Vehicle identification number

(F) Vehicle mileage

(G) Scrapped vehicle owner’s name, address, telephone number, and

driver license number

(H) Date of scrapping

(I) VOC, NOx, CO, and PM mobile source emissionreduction credit

(I) Name of person(s) conducting vehicle inspection as required by

subdivision (g), with employer’s name, address, and telephone

number.

(6) Data records shall be made accessible to the Executive Officer or designee

for a rnii,imum of five years subsequent to the issuance of MSERCs for

each scrapped vehicle.

(7) In addition to data records pursuant to (k)(5), for each vehicle scrapped,

the SCAQMD Licensed Scrapper shall maintain and make accessible to the

Executive Officer or designee upon request the following for a minimum of

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Rule 1610 (Cont.) (Amended July 10, 1998)

five years subsequent to the issuance of MSERCs for each scrapped

vehicle:

(A) A duplicate copy of Report ofVehicle to be Dismantled and Notice

of Acquisition (California Department of Motor Vehicles

Registration 42 Form) validated by line date stamping on the front

ofthe form.

(B) Copy of documentation, pursuant to paragraphs (fX3) and (f)(4),

and subparagraph (f)(2)(D).

(C) Copy of California Certificate of Title or DMV application for

duplicate title for each scrapped vehicle.

(1) Issuance ofMSERCs

(1) SCAQM[) Licensed Scrappers shall submit an application to the Executive

Officer or designee every six months following certification as an

SCAQMD Licensed Scrapper. The purpose of the application is to

document the number of vehicles scrapped and MSERCs earned during the

six month period, and demonstrate compliance with rule requirements.

(2) The application shall contain the following information for each six month

period:

(A) Data records for vehicles scrapped;

(B) Total MSERCs claimed for scrap program period;

(3) MSERCs shall be issued alter the Executive Officer or designee has

approved the application pursuant to paragraph (l)(l). The application

shall be disapproved unless it demonstrates the SCAQMD Licensed

Scrapper has complied with all applicable provisions in this regulation, as

determined by the Executive Officer or designee.

(4) For the purposes of assessing fees, the application shall be deemed a plan,

and .the fees shall be assessed in accordance with the provisions of Rule

306.

(5) The application, including data records specified in subdivision (k), shall be

stored by the Executive Officer or designee for a minimum of five years.

(m) Compliance Plan

(1) In order to use MSERCs for the application listed in subparagraphs

(j)(l)(B), (j)(1)(D), and (j)(l)(F), the user shall submit a Rule 1610

compliance plan to the Executive Officer or designee. The purpose of the

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Rule 1610 (Cont.) (Amended July 10, 1998)

• compliance plan is to demonstrate compliance with rule requirements, and

specify the use ofthe MSERCs.

(2) The compliance plan shall contain the following information:

(A) Total MSERCs (attach certificates);

(B) Identification of the specific rule for which the alternative method

of compliance is sought;

(C) The period oftime for the alternative method of compliance;

(D) Number of MSERCs used to substantiate the alternative method of

compliance;

(B) A quantification of emissions that would result from noncompliance

with the rule identified in subparagraph (m)(2)(B), and

documentation supporting the emissions quantification.

(i) This quantification shall be performed using District

Governing Board approved quantification methodologies.

(ii) The Executive Officer shall submit this rule and associated

quantification methodologies to U.S. EPA for inclusion into

the State Implementation Plan.

(3) Supporting documentation (applicable for MSERC usage for Regulation

Xl rules) shall include, but is not limited to:

(A) a listing of equipment andJor materials that are the source of

noncompliant VOC, NOx, CO, or PM emissions associated with

the rule identified in subparagraph (m)(2)(B).

(B) a description and operating conditions of equipment listed in

subparagraph (m)(3)(A) andlor composition and rate of use of

materials listed in subparagraph (m)(3)(A).

(C) emission rates associated with the use of equipment and/or

materials listed in subparagraph (m)(3)(A).

(D) a listing of equipment and/or materials that would result in

compliance with the rule identified in subparagraph (m)(2)(B).

(B) a description and operating conditions of equipment listed in

subparagraph (m)(3)(D) and/or composition and rate of use of

materials listed in subparagraph (m)(3)(D).

(F) emission rates associated with the use of equipment and/or

materials listed in subparagraph (m)(3)(D).

(4) The compliance plan shall be written on a form to be specified by the

Executive Officer or designee.

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Rule 1610 (Cont.) (Amended July 10, 1998)

(5) The Executive Officer or designee shall approve or disapprove the

compliance plan. The plan shall be disapproved unless it demonstrates that

an equivalent amount of emissions reductions are obtained through the

alternative method of compliance.

(6) MSERCs may not be used as an alternative method of compliance with

Regulation Xl rules until the Executive Officer or designee has approved

the compliance plan:

(7) The user must renew the compliance plan prior to the expiration of the

MSERCs upon which the plan is based.

(8) The compliance plan, including supporting documentation, shall be stored

by the Executive Officer or designee for a minimum offive years.

(n) Compliance Auditing and Enforcement

(1) Vehicles failing the requirements pursuant to paragraphs (g)(l), (g)(4), and

(g)(5) may be retested provided that the vehicle has traveled a minimum of

50 miles subsequent to the failure determination. Pursuant to this specific

provision, vehicles with inoperable vehicle odometers must be fixed prior

to conducting this test. Vehicles failing the requirements pursuant to

paragraphs (g)(2) and (g)(3) may be tested by the Licensed Scrapper for

compliance with these requirements at any time after modifications have

been made to the vehicle.

(2) Vehicles accepted for scrapping, in the absence of District enforcement

personnel, shall be held at the auto dismantling site where the vehicle is

volunteered for scrapping for a holding period of three calendar days

subsequent to the day in which the vehicle is accepted by the Licensed

Scrapper from the vehicle owner. The vehicle shall be made available to

District Staff to detçrmine compliance with requirements specified for

visual and functional inspection of vehicle components and shall be held in

a holding area dedicated for the storage of these vehicles. District Staff

shall be allowed to conduct any test required by Rule 1610, except the tests

required in paragraphs (g)(4)(D) and (g)(4)(E), or direct the Licensed

Scrapper (or a person designated by the Licensed Scrapper) to conduãt

these tests.

(3) The Executive Officer or designee may audit any files and/or records

created to comply with recordkeeping requirements.

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Rule 1610 (Cont.) (Amended July 10, 1998)

(4) The Executive Officer or designee shall reserve the right to inspect

facilities, including auto dismantlers, for compliance with the requirements

specified in this rule. District inspectors shall be afforded immediate access

to scrapping/dismantling facilities on request.

(5) Violation of any provision of this rule or the contents of any scrapping plan

shall be grounds for the Executive Officer or designee to disallow or void

any MSERCs resulting from or associated with the violation, by

disapproving or seeking revocation ofthe compliance plan (as appropriate),

and shall constitute a citable violation and shall be subject to the penalties

specified in the Health and Safety Code for violation of District rules. In

addition, rejection of vehicles by District staff due to noncompliance with

Rule 1610 during the three day holding period at the auto dismantling

facility shall result in non-issuance of MSERCs for the failing vehicle and

may result in the issuance of a Notice of Violation(s). The scrapping plan

shall be revoked ifthe Licensed Scrapper demonstrates a recurrent pattern

of accepting disqualified vehicles while implementing a Rule 1610

scrapping program.

(o) Requirements for Public Notice

Following a completeness determination of the scrapping plan for the use of

MSERCs as NSR offsets only, as provided in subparagraph (j)(1)(D), the

Executive Officer or designee shall:

(1) perform the evaluations required to determine compliance with this

regulation and make a preliminary written decision, as appropriate, as to

whether or not MSERCs, to be used as emission reduction credits (ERCs),

should be approved or disapproved. The decision shall be supported by a

succinct written analysis; and

(2) publish a notice by prominent advertisement in at least one newspaper of

general circulation in the District stating the preliminary decision of the

Executive Officer or designee and where the public may inspect the

information. The notice shall provide 30 days from the date of publication

for the public to submit written comments on the preliminary decision; and

(3) at the time notice of the preliminary decision is published, make available

for public inspection at the District office the information submitted by the

applicant, the supporting analysis for the preliminary decision, and the

preliminary decision to grant or deny MSERCs and the reasons therefore.

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Rule 1610 (Cont.) (Amended July 10, 1998)

The confidentiality of trade secrets shall be maintained in accordance with

Section 6254.7 ofthe Government Code.

(p) Appeal ofDisapproval ofMSERC Issuance

An applicant may, within 30 days of receipt of notice of disapproval, request the

Hearing Board to hold a hearing on whether the scrapping application was

properly refused.

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