How will we How will we enforce enforce AB32?AB32?

How will we How will we enforce enforce AB32?AB32?

It's tough to make It's tough to make predictions, predictions,

especially about the especially about the future.future.

Yogi Berra Yogi Berra

It's tough to make It's tough to make predictions, predictions,

especially about the especially about the future.future.

Yogi Berra Yogi Berra

AB 32 TimelineAB 32 TimelineAB 32 TimelineAB 32 Timeline

20202007 2008 2009 2010 2011 2012

GHG reduction

measures enforceable

Adopt GHG reduction measures

Publish list of early actions

Adopt scoping plan

Mandatory reporting &

1990 Baseline

Adopt enforceable early action regulations

Reduce GHG emissions to 1990 levels

Identification/ implementation

of further emission reduction strategies

Early action regulations enforceable

MEASURES UNDERWAY OR TO BE MEASURES UNDERWAY OR TO BE INITIATED BY ARB IN THE 2007-2012 INITIATED BY ARB IN THE 2007-2012 PERIODPERIOD

MEASURES UNDERWAY OR TO BE MEASURES UNDERWAY OR TO BE INITIATED BY ARB IN THE 2007-2012 INITIATED BY ARB IN THE 2007-2012 PERIODPERIOD

R & D onlyR & D only

Nopredictableenforcementmodel

Nopredictableenforcementmodel

NPEMNPEM

Historical Command & ControlReporting & audit Staff Recycling

How do we enforce existing How do we enforce existing rules?rules?How do we enforce existing How do we enforce existing rules?rules?• TeamworkTeamwork

– Partnership with other ARB divisionsPartnership with other ARB divisions– Partnership with 35 local air districtsPartnership with 35 local air districts– Partnership with Attorney General and Partnership with Attorney General and

local District Attorneyslocal District Attorneys– USEPAUSEPA

• Statewide enforcement programsStatewide enforcement programs– Automotive tailpipe emissionsAutomotive tailpipe emissions– FuelsFuels– Consumer productsConsumer products– Heavy Duty DieselHeavy Duty Diesel

• TeamworkTeamwork– Partnership with other ARB divisionsPartnership with other ARB divisions– Partnership with 35 local air districtsPartnership with 35 local air districts– Partnership with Attorney General and Partnership with Attorney General and

local District Attorneyslocal District Attorneys– USEPAUSEPA

• Statewide enforcement programsStatewide enforcement programs– Automotive tailpipe emissionsAutomotive tailpipe emissions– FuelsFuels– Consumer productsConsumer products– Heavy Duty DieselHeavy Duty Diesel

Our GoalsOur GoalsOur GoalsOur Goals

•ComplianceCompliance

•A level playing fieldA level playing field

•DeterrenceDeterrence

•ComplianceCompliance

•A level playing fieldA level playing field

•DeterrenceDeterrence

Scope of the ChallengeScope of the ChallengeScope of the ChallengeScope of the Challenge

25 Million Motor Vehicles

0.5 Million diesel trucks

35 Air Districts

Source Categories of Exclusive ARB EnforcementAutomotive Tail pipesFuel specsConsumer productsRailroadsPersonal watercraft

Source Categories of Exclusive ARB EnforcementAutomotive Tail pipesFuel specsConsumer productsRailroadsPersonal watercraft

32 Million People

40,000 Stationary Sources

44 prohibitory rules in SCAQMD today

44 new rules for AB32 to be enforceable by Jan 2012. More to follow.

100,000 retail stores selling regulated consumer products

12,000 Gas stations

4000 Cargo tanks

New responsibilities under AB New responsibilities under AB 3232New responsibilities under AB New responsibilities under AB 3232

•Health & Safety Code Health & Safety Code §§3858038580

(a) The state board shall monitor (a) The state board shall monitor compliance with and enforce any compliance with and enforce any rule, regulation, order, emission rule, regulation, order, emission limitation, emissions reduction limitation, emissions reduction measure, or market-based measure, or market-based compliance mechanism adopted by compliance mechanism adopted by the board pursuant to this division.the board pursuant to this division.

•Health & Safety Code Health & Safety Code §§3858038580

(a) The state board shall monitor (a) The state board shall monitor compliance with and enforce any compliance with and enforce any rule, regulation, order, emission rule, regulation, order, emission limitation, emissions reduction limitation, emissions reduction measure, or market-based measure, or market-based compliance mechanism adopted by compliance mechanism adopted by the board pursuant to this division.the board pursuant to this division.

Discrete Early ActionDiscrete Early ActionDiscrete Early ActionDiscrete Early Action

• 38560.5 (a) the state board shall publish… 38560.5 (a) the state board shall publish… a list of discrete early action… measures a list of discrete early action… measures that can be implemented prior to the that can be implemented prior to the measures and limits adopted pursuant to measures and limits adopted pursuant to Section 38562.Section 38562.

• 38560.5 (b) On or before January 1, 2010, 38560.5 (b) On or before January 1, 2010, the state board shall adopt regulations to the state board shall adopt regulations to implement the measures identified on the implement the measures identified on the list published pursuant to subdivision (a).list published pursuant to subdivision (a).

• 38560.5 (a) the state board shall publish… 38560.5 (a) the state board shall publish… a list of discrete early action… measures a list of discrete early action… measures that can be implemented prior to the that can be implemented prior to the measures and limits adopted pursuant to measures and limits adopted pursuant to Section 38562.Section 38562.

• 38560.5 (b) On or before January 1, 2010, 38560.5 (b) On or before January 1, 2010, the state board shall adopt regulations to the state board shall adopt regulations to implement the measures identified on the implement the measures identified on the list published pursuant to subdivision (a).list published pursuant to subdivision (a).

Further MeasuresFurther MeasuresFurther MeasuresFurther Measures

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

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

Three Enforcement ModelsThree Enforcement ModelsThree Enforcement ModelsThree Enforcement Models

• Historical Command & ControlHistorical Command & Control– ARB field personnel– Local district field personnel/ARB

oversight

• Reporting & auditReporting & audit – Audits/accounting– Self monitoring & reporting

• Staff RecyclingStaff Recycling – Window of compliance

• Historical Command & ControlHistorical Command & Control– ARB field personnel– Local district field personnel/ARB

oversight

• Reporting & auditReporting & audit – Audits/accounting– Self monitoring & reporting

• Staff RecyclingStaff Recycling – Window of compliance

ARB Historical ModelARB Historical ModelARB Historical ModelARB Historical Model•ARB hears 20 regulatory items per

year.

•Once adopted an enforcement plan is developed and staff provided in the next fiscal year.– Submit budget change proposal (BCP),

hire & train state inspection staff. Train industry personnel.

– District rule development– Audits of district enforcement program

•ARB hears 20 regulatory items per year.

•Once adopted an enforcement plan is developed and staff provided in the next fiscal year.– Submit budget change proposal (BCP),

hire & train state inspection staff. Train industry personnel.

– District rule development– Audits of district enforcement program

Statewide Enforcement Statewide Enforcement ResponsibilitiesResponsibilitiesStatewide Enforcement Statewide Enforcement ResponsibilitiesResponsibilities

•Fuel Specifications

•Automotive Tailpipes

•Consumer Products

•Heavy Duty Diesel

•Motorcycles

•Railroad Agreement

•Small off road engines

•Marine vessels

•Pleasure craft

•Fuel Specifications

•Automotive Tailpipes

•Consumer Products

•Heavy Duty Diesel

•Motorcycles

•Railroad Agreement

•Small off road engines

•Marine vessels

•Pleasure craft

Reporting and Audit Reporting and Audit RequirementsRequirementsReporting and Audit Reporting and Audit RequirementsRequirements

•Compliance may be confirmed with Compliance may be confirmed with data from a third party or direct data from a third party or direct reportingreporting

•Accounting becomes the principal Accounting becomes the principal enforcement toolenforcement tool

•Field visits are essentialField visits are essential

•Compliance may be confirmed with Compliance may be confirmed with data from a third party or direct data from a third party or direct reportingreporting

•Accounting becomes the principal Accounting becomes the principal enforcement toolenforcement tool

•Field visits are essentialField visits are essential

Reporting and Audit Reporting and Audit RequirementsRequirementsReporting and Audit Reporting and Audit RequirementsRequirements

Market-based compliance mechanisms

Health & Safety Code §38570

(a) The state board may include in the regulations adopted pursuant to Section 38562 the use of

market-based compliance mechanisms to comply with the regulation

Market-based compliance mechanisms

Health & Safety Code §38570

(a) The state board may include in the regulations adopted pursuant to Section 38562 the use of

market-based compliance mechanisms to comply with the regulation

How can we expand and How can we expand and improve on the traditional improve on the traditional enforcement models?enforcement models?

How can we expand and How can we expand and improve on the traditional improve on the traditional enforcement models?enforcement models?Force multipliers such as:

•Increased use of district partnership for sources traditionally handled by the state.

•Increased use of digital monitoring and reporting.

Force multipliers such as:

•Increased use of district partnership for sources traditionally handled by the state.

•Increased use of digital monitoring and reporting.

• Self monitoring and reportingSelf monitoring and reporting

• Digital and periodic paper submittals Digital and periodic paper submittals of facility wide compliance conditionof facility wide compliance condition

• Compliance confirmation inspections Compliance confirmation inspections are conducted by specialized teamare conducted by specialized team

• Self monitoring and reportingSelf monitoring and reporting

• Digital and periodic paper submittals Digital and periodic paper submittals of facility wide compliance conditionof facility wide compliance condition

• Compliance confirmation inspections Compliance confirmation inspections are conducted by specialized teamare conducted by specialized team

Reporting and Audit Reporting and Audit RequirementsRequirements

Recycled Staff ModelRecycled Staff ModelRecycled Staff ModelRecycled Staff Model

Rule writer or Veteran enforcer

Recycled veteran

Date of rule adoption orconfirmed final compliance

Ad hocEnforcement Teams

QuestionsQuestions