(Adopted October 11, 1996)

RULE 1605 CREDITS FOR THE VOLUNTARY REPAIR OF ON-ROAD

MOTOR VEHICLES IDENTIFIED HIROUGH REMOTE

SENSING DEVICES

(a) Purpose

The purpose of this rule is to provide opportunities to generate VOC, NOx, and

CO mobile source emission reduction credits (MSERCs) that could be used as an

alternative means of compliance with District regulations. These credits would be

generated based on voluntary emission reductions created by reducing the

emissions of high-emitting vehicles through the repair of emissions related

components. High-emitting vehicles would be ideritified through the use of

remote sensing devices (RSDs). MSERCs would be based on emission reductions

that are surplus to local, state, and federal emission reduction requirements,

including the State’s Motor Vehicle Inspection Program and Accelerated Vehicle

Retirement Program.

(b) Applicability

This voluntary rule is inoperative 60 days subsequent to a declaration by the

Bureau of Automotive Repair (BAR) that the enhanced Inspection and

Maintenance Program is operational in the District, and applies to 1966 and newer

model-year gasoline-powered passenger cars and light-duty trucks that are

registered as operable vehicles in the District by the California Department of

Motor Vehicles (DMV).

(c) Definitions

For the purpose ofthis rule, the following definitions shall apply:

(1) BAR9O means the test equipment/procedure implemented since July 1990

by the BAR that is utilized to emission test vehicles as part of the Motor

Vehicle Inspection Program.

(2) CARBON MONOXIDE (CC) means a colorless, odorless gas, having a

chemical formula of CO, produced by the incomplete combustion of

carbonaceous material.

(3) CREDIT LIFE means the period of time in years that an MSERC can be

used as an alternative means of compliance with a District rule, as

permitted by Rule 1605.

1605-1
Rule 1605 (Cont.) (Adopted October 11, 1996)

(4) CUT POINT means the minimum HC, CO, or NOx (if available) exhaust

emission concentration level measured by RSD(s) that is used to initially

identify potential high-emitting vehicles.

(5) HIGH-EMITTING VEHICLE means a gasoline powered passenger car or

light-duty truck that does not comply with State Motor Vehicle Inspection

Program requirements according to the BAR 2500 rpm testing using

BAR.90 test equipment either for HC or for CO.

(6) HYDROCARBON (HC) means methane and any other volatile compound

of carbon, reported as an equivalent concentration of hexane, excluding

carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or

carbonates; atnmonium carbonate, and exempt compounds as defined in.

District Rule 102.

(7) MOTOR VEHICLE INSPECTION PROGRAM means the statewide

requirements for the periodic inspection, emission testing, and repair of

motor vehicles pursuant to Chapter 5, Sections 44000 to 44095, of the

California Health and Safety Code.

(8) NITROGEN OXiDES (NOx) mean the sum of nitric oxides and nitrogen

dioxides emitted, calculated as nitrogen dioxide.

(9) POTENTIAL HIGH-EMITTING VEHICLE means a vehicle that has been

measured by RSD(s) to have exhaust concentration levels above the HC,

CO, or NOx (if available) cut points.

(10) PROGRAM OPERATOR means the person that has submitted and

obtained Project Plan approval pursuant to subdivision (e) to conduct a

remote sensing/vehicle repair program for mobile source emission

reduction credits under Rule 1605.

(11) REMOTE SENSING DEVICE (RSD) means an electronic instrument or

device that is used to remotely measure vehicle exhaust

hydrocarbon,carbon monoxide, and nitrogen oxides (if available)

emissions using a light beam directed perpendicularly to the path of

passing vehicles.

(12) SMOG CHECK means the emission, functional, and visual tests specified

for the Motor Vehicle Inspection Program pursuant to Health and Safety

Code Sections 44012 and 44013.

(13) SMOG TEST STATION means a facility that is authorized or licensed by

BAR to inspect and emission test vehicles to determine compliance with

the Motor Vehicle Inspection Program requirements.

1605-2
Rule 1605 (Cont.) (Adopted October 11, 1996)

(14) TAMPER means to modify, remove, or disconnect vehicle emissions

control components.

(15) VEHICLE AGE means the difference between the calendar year of the

vehicle repair and the vehicle model year.

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

compound of carbon; excluding methane, carbon monoxide, carbon

dioxide, carbonic acid, metallic carbides or carbonates; ammoniurn

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

(d) Rule 1605 MSERC Program Requirements

(1) In order to generate MSERCs, a program operator shall identify and repair

high-emitting vehicles as follows:

(A) The program operator shall use RSDs to initially identify potential

high-emitting vehicles using cut points of 4 percent and 0.1 percent

for exhaust CO and HC, respectively. The Executive Officer may

approve alternative CO and HC cut points provided that data is

submitted by the program operator to the District demonstrating

that these alternative cut points are at least as effective in

identifying high-emitting vehicles compared to cut points of 4

percent and 0.1 percent for exhaust CO and HC, respectively.

(B) The program operator shall emission test vehicles identified as

potential high-emitting vehicles at a Smog Test Station to

determine compliance with Motor Vehicle Inspection Program

requirements according to BAR9O emission test results. The

program operator shall be responsible for obtaining permission to

include a vehicle in the program from the vehicle owner. The

program operator shall ensure that:

(i) the vehicle engine is at its normal operating temperature

(i.e., warmed-up) at the beginning of the emission test.

(ii) the vehicle does not use accessory equipment which would

result in an additional load on the vehicle’s engine during

the BAR.90 emission test, such as the use of air

conditioning.

(iii) the BAR9O emission test is conducted by a person

authorized by BAR to conduct such tests.

1605-3
Rule 1605 (Cont.) (Adopted October 11, 1996)

(iv) the emission test procedure includes BAR9O exhaust

emission testing and all other procedures specified by BAR

to determine compliance with Motor Vehicle Inspection

Program requirements.

(v) the initial pre-repair BAR9O emission test is conducted on

the vehicle as received, without any adjustments or

modifications to the vehicle that could affect its emissions

prior to performing the smog check. The initial pre-repair

emission test shall be conducted with the BAR.90 test

equipment in manual mode (i.e., without electronic

notification oftest results to BAR).

(C) The program operator shall only identify vehicles failing BAR9O

2500 rpm emission testing as high-emitting vehicles, and such

vehicles shall be eligible for MSERC generation.

(D) The program operator shall ensure the vehicle repairs performed

under a Rule 1605 MSERC Program are conducted only by

person(s) permitted by BAR. to conduct vehicle repairs under the

Motor Vehicle Inspection Program. Repairs shall include all

procedures necessary to bring the vehicle into compliance with

Motor Vehicle Inspection Program requirements.

(B) The program operator shall have the vehicle retested subsequent to

repairs for compliance with Motor Vehicle Inspection Program

requirements. The post-repair emission test shall be conducted

with the BAR9O test equipment in certification mode (i.e., with

electronic notification oftest results to BAR).

(2) The program operator shall not include any gasoline-powered passenger

cars and light-duty trucks in the program for MSERC generation if one or

more ofthe following occur:

(A) A smog check has yet to be conducted as required by law or the

owner has been notified that a smog check is required as part ofthe

DMV registration renewal process.

(B) The vehicle is scheduled to be smog checked due to DMV

registration renewal requirements, within a three month period

subsequent to its identification as a potential high-emitting vehicle.

(C) The vehicle will be scrapped or retired as part of a local or

statewide vehicle scrapping program.

1605-4
Rule 1605 (Cont.) (Adopted October 11, 1996)

(3) For Rule 1605 MSERC programs that utilize more than 10 smog test

stations, program operators shall submit notice to the Executive Officer at

least one week prior to emission testing and repairing vehicles at smog test

stations, pursuant to paragraph (d)(1), indicating specific locations, dates,

and times for emission testing and repair activities. The notice may be

submitted either in writing or electronically. For Rule 1605 MSERC

programs that utilize 10 or fewer smog test stations, the smog test facility

or the program operator shall provide the Executive Officer with the

projected number of vehicles to be emission tested or repaired for a

specific day upon request at any time during that specific day.

(4) Program operators shall comply with all applicable regulations and obtain

all necessary permits from applicable agencies with regard to conducting

RSD measurements on public roads, and identifying and contacting

vehicle owners.

(e) Issuance ofMSERCs

(1) Rule 1605 Project Plan

At least one month prior to initial implementation of a Rule 1605 remote

sensing/vehicle repair project, the Program Operator shall submit a Rule

1605 Project Plan. The Rule 1605 Project Plan shall contain the following

specific infomaation:

(A) description of RSD equipment, including HC, CO and NOx (if

available) cut points to be used to identify potential high-emitting

vehicles pursuant to subparagraph (d)(1)(A);

(B) proposed RSD test locations and site configurations; and

(C) identification of Smog Test Station(s) to be used to test and repair

high-emitting vehicles and proof ofBAR certification.

(2) To be eligible for MSERC generation, the Rule 1605 Project Plan must be

approved by the Executive Officer prior to implementation ofthe project.

(3) Rule 1605 MSERC Application

In order to generate MSERCs, the Program Operator shall submit a Rule

1605 MSERC Application for MSERCs for a vehicle not later than 6

months after a vehicle has been identified for inclusion in the program.

The purpose ofthe Application is to document the identification and repair

(if applicable) of all vehicles identified as high-emitting vehicles. The

Application shall include at a minimum:

1605-5
Rule 1605 (Cont) (Adopted October 11, 1996)

(A) Information Required For Repaired High-Emitting Vehicles

(i) make, model, model-year, and license plate number

(ii) name and address of each vehicle owner

(iii) a statement from the Program Operator veriI~’ing vehicle

registration address with DMV for each vehicle

(iv) location ofRSD site

(v) location of Smog Test Station corresponding to pre- and

post-BAR9O emission testing and vehicle repair for each

high emitting vehicle

(vi) a listing of pre- and post-BAR9O 2500 rpm HC, CO and

NOx (if applicable) concentration levels in parts per million

(ppm)

(vii) a listing of RSD concentration levels for HC, CO, and NOx

(if applicable)

(viii) a list of repairs required to bring vehicle into compliance

with the Motor Vehicle Jnspection Program

(ix) date of next required smog check

(x) mileage accumulation rate and calculated MSERCs for

VOC, CO, andNOx

(4) All MSERCs shall be issued after approval and verification as needed of

the Rule 1605 MSERC Application by the Executive Officer in

accordance with the MSERC calculation methodology specified in

subdivision (f).

(5) MSERCs shall expire two years after date of issuance.

(f) MSERC Calculation

(1) The total amount of VOC, CO and NOx MSERCs generated for exhaust

emission reductions when a high-emitting vehicle is repaired shall be

calculated by the Executive Officer according to the following formulas:

VOC MSERCs

MSERC = [(63.3 X (HC~~ - HC~0~~)) X (Days/365) X CF X

Mileagej/(454 X TAF)

where

MSERC = Mobile Source Emission Reduction Credits (pounds)

HC = BAR9O 2500 rpm HC concentration percent in exhaust POS after repair.

1605-6
Rule 1605 (Cont.) (Adopted October 11, 1996)

HC = BAR9O 2500 rpm HC concentration percent in exhaust Fe before repair.

Days = Number of days between high-emitting vehicle repair

date and next required smog check.

Mileage = Annual mileage accumulation rate according to Table

1, based on vehicle age.

TAF = Technical Uncertainty Adjustment Factor, for the

purpose of generating credits.

CF = Correction factor to convert HC emissions to VOC

emissions, equal to 0.90 19 for catalyst equipped

vehicles, and 0.9794 for. non-catalyst equipped

vehicles.

CO MSERCs

MSERC = [(11.1 X (CO~~ - CO~0~J) X (Days/365) X

M.ileage]/(454 X TAF)

where

MSERC = Mobile Source Emission Reduction Credits (pounds)

co ~ = BAR9O 2500 rpm CO concentration percent in exhaust pos after repair.

COpre = before BAR9O 2500 rpm CO concentration percent in exhaust repair.

Days = Number of days between high-emitting vehicle repair

date and next required smog check.

Mileage = Annual mileage accumulation rate according to Table

1, based on vehicle age

TAF = Technical Uncertainty Adjustment Factor, for the

purpose of generating credits.

NOx MSERCs

MSERC = [0.426 X ~Days/365) X Mileage]/(454 X TAP)

where

MSERC = Mobile Source Emission Reduction Credits (pounds).

Days = Number of days between high-emitting vehicle repair

date and next required smog check.

Mileage = Annual mileage accumulation rate according to Table

1, based on vehicle age.

TAP = Technical Uncertainty Adjustment Factor, for •the

purpose of generating credits.

(2) The Executive Officer shall modify the MSERC calculation procedure

specified in paragraph (f)(1) to provide for a improved methodology for

relating BAR9O concentration measurements and actual gram per mile

1605-7
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13,563 14,590

12,956 13,610

12,349 12,696

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11,135 11,048

10,528 10,306

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9,314 •8,968

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1605-9
Rule 1605 (Cont.) (Adopted October 11, 1996)

(B) As an alternative method of compliance with any District

regulations which specifically authorize the use of MSERCs.

(C) 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. MSERCs must

•be in existence and designated as an alternative method of

compliance in advance ofthe compliance date.

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

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

accordance with the provisions of 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 of MSERCs.

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

(2) MSERCs shall only be consumed in the air basin where the vehicle is

based.

(3) In order to use MSERCs for the applications listed in subparagraph

(g)(1)(C) of this. subdivision, the user shall submit a compliance plan to

the Executive Officer. The user of MSERCs for applications listed under

subparagraph (g)(1)(B) shall also submit a compliance plan to the

Executive Officer ifthe District regulation specifically authorizing the use

of the MSERCs does not already require a compliance plan. The purpose

of the compliance plan is to demonstrate compliance with rule

requirements, and specify the use ofthe MSERCs.

(4) The compliance plan required in paragraph (g)(3) above shall contain the

following information:

(A) Total MSERCs in possession;

(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;

1605-10
Rule 1605 (Cont.) (Adopted October 11, 1996)

(E) A quantification of emissions that would result from

noncompliance with the rule identified in subparagraph (g)(4)(B),

and documentation supporting the emission quantification; and

(F) A demonstration that the use of MSERCs shall result in full

compliance with the specific rule requirements for which the

alternative method of compliance is sought.

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

XI rules) shall include:

(A) A listing of equipment or materials that are the source of

noncompliant VOC, NOx, or CO emissions associated with the

rule identified in subparagraph (g)(4)(B).

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

subparagraph (g)(5)(A) or composition and rate of use of materials

listed in subparagraph (g)(5)(A).

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

listed in subparagraph (g)(5)(A).

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

with the rule identified in subparagraph (g)(4)(B).

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

subparagraph (g)(5)(D) or composition and rate of use of materials

listed in subparagraph (g)(5)(D).

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

listed in subparagraph (g)(5)(D).

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

Executive Officer.

(7) The Executive Officer 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.

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

Regulation Xl rules until the Executive Officer has approved the

compliance plan.

(9) The compliance plan shall be valid only for the period for which MSERCs

have been submitted.

1605-11
Rule 1605 (Cont.) (Adopted October 11, 1996)

(h) Recordkeeping Requirements

Program Operators shall be required to maintain a copy of information submitted

pursuant to paragraph (e)(3), and the original BAR9O vehicle inspection reports

generated before and after high-emitting vehicle repair, for three years after

corresponding MSERC application submittal.

(1) Compliance Auditing and Enforcement

(1) The program operator shall afford the Executive Officer access in the

District to audit any files or records created to comply with recordkeeping

requirements specified in subdivision (h); or the Executive Officer shall

require persons receiving MSERCs under this rule to submit such records

to the Executive Officer upon request.

(2) The program operator shall afford the Executive Officer access to inspect

RSD measurement activities, as well as emission testing and vehicle

repairs performed for compliance with Motor Vehicle Inspection Program

requirements pursuant to subdivision (d).

(3) Violation of any provision of this rule, including falsification of

information in the Rule 1605 Project Plan or MSERC Application, or the

acceptance of vehicles for MSERC generation that have been tampered

with prior to vehicle repair shall be grounds for the Executive Officer to

disallow or void any MSERCs resulting from or associated with the

violation, by disapproving or seeking revocation of the Rule 1605 MSERC

Application, and shall be subject to the penalties specified in the Health

and Safety Code for violation ofDistrict rules.

(j) Requirements for Public Notice

Following a completeness determination of the Rule 1605 MSERC Application

for the use of MSERCs as NSR offsets only, as provided in subparagraph

(g)(l)(D), the Executive Officer 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 (ERC),

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

1605-12
Rule 1605 (Cont.) (Adopted October 11, 1996)

Executive Officer 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.

The confidentiality of trade secrets shall be considered in accordance with

Section 6254.7 ofthe Government Code.

(k) Appeal ofDisapproval ofMSERC Issuance

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

hearing board to hold a hearing on whether the Rule 1605 MSERC Application

was properly refused.

(1) Relationship to Jntercredit Trading

(1) MSERCs generated pursuant to this rule may be converted to other

denominations, as authorized by other District rules and regulations.

(2) MSERC credit life may be adjusted, as authorized by other District rules

and regulations.

1605-13