
Case-by-Case Determinations: Program Administration
Reference # 2019-02
Request: Approval to fund the replacement of a tractor and loader destroyed by fire prior to contract execution
(Project Number 20MOY51)
Air District: Bay Area AQMD
Guidelines Section(s): 2017 Carl Moyer Guidelines, Chapter 3, Section X.4.(A) and (B), and Chapter 5, SectionD.4.(E)(4)
ARB Action: Approved
Determination: The Bay Area AQMD received an application from Johnson and Neles Dairy to fund five agricultural equipment replacements (Project # 20MOY51) on August 8, 2018. The application approved by the District's Board of Directors on October 17, 2018 included three tractors and two loaders. Pre-inspection of the existing equipment was completed on October 24, 2018 and all equipment were found to be operable. On October 27, 2018, a fire at the applicant's facility destroyed a barn, and a tractor and loader approved for replacement but prior to contract execution. The District is seeking a CBC determination to move forward to fund the project although the equipment was destroyed prior to contract execution.
Per Chapter 3, Section X.4. and Chapter 5, Section D.4.(E)(4), existing equipment must be destroyed in order to permanently remove it from service. This ensures emission reductions are real and permanent and prevents existing equipment from returning to service. The air district provided evidence of the fire incident documenting destruction of the project equipment. Additionally, the air district proposes reducing the funding award for each equipment destroyed by the amount paid to the grantee by insurance. With this, the district may proceed with the project.
This approval does not constitute a comprehensive review of the project. It is the district's responsibility to verify that the project conforms to applicable cost-effective limits, all other applicable guidelines and statutes, and is surplus to existing emission control rules. Please include this case-by-case reference number in the comment field for this project in the CARL database.
Determination Date: January 28, 2019
Contact: Thomas Evashenk (916) 445-8811, Rhonda Runyon (626) 350-6551
Reference # 2017-04
Request: Allow the district to donate off-road equipment (a tractor) to an overseas charitable non-profit organization in lieu of scrap.
Air District: Feather River Air Quality Management District
Guidelines Section(s): 2011 Carl Moyer Guidelines, Chapter 3, AA.4 and Chapter 9, C.4.
ARB Action: Approved
Determination: Moyer Program Guidelines require baseline equipment to be permanently removed from service in California through engine destruction. In this case Feather River District has proposed permanent removal from service in California through shipment overseas. CARB staff believe this overseas shipment is sufficient to ensure permanent removal of the tractor, as it will be received and used by a charitable organization in Sierra Leone for use on a specific farm. This case-by-case exception has a humanitarian objective, as the farm is seeking a tractor to assist its operations growing food for the villagers of Kamasarralie, Sierra Leone.
Feather River District has arranged for transportation of the tractor to the Port of Oakland, for shipping to Lulu Farm in Sierra Leone, under the auspices of a charitable assistance organization. The baseline tractor serial number will be noted on a bill of lading by the shipping company, International Sea and Shipping, to be included in the project file. Lulu Farm will acknowledge receipt of the tractor in a letter for the project file. To help ensure maintenance of the baseline tractor in Sierra Leone, the farm director is certified in motor vehicle technology.
Note this approval applies only to Feather River AQMD project 2017-21, and does not constitute a comprehensive review of the project. It is the district's responsibility to verify that the project conforms to applicable cost effectiveness limits, all other applicable guidelines and statutes, and is surplus to existing emission control rules. Please include this case-by-case reference number in the comment field for the project in the CARL database.
Determination Date: August 10, 2017
Contact: Sibyl Britton (916) 327-0555
Reference # 2013-37
Request: Allow the district to conduct pre-inspections after contract execution for Stationary Diesel Agricultural Engines projects.
Air District: Monterey Bay Unified APCD
Guidelines Section(s): (2011 Carl Moyer Guidelines, Program Administration, Section AA.6
ARB Action: Approved
Determination: The district has provided a written justification of reduced staff resources associated with delaying pre-inspections for some of its projects. The District Policies and Procedures manual includes a description of the timeline by which the district will conduct a pre-inspection post contract execution as well as language ensuring that no payment will be made prior to pre-inspection and equipment verification. As such, the district meets the case-by-case allowance requirements as defined in Program Administration Section AA.6, with the stipulation that this case-by-case approval is contingent on the district updating its contract to include a clause for voiding the contract if the equipment specifics are not met as described in the contract.
Determination Date: October 17, 2013
Contact: Jennifer Kozumplik (916) 445-3516
Reference # 2013-05
Request: Allow the district to co-fund a project with funding from Moyer program Years 13 and 14 while operating under 2008 Guidelines. (Project Number: CM12-10).
Air District: Northern Sonoma County APCD
Guidelines Section(s): (2011) Chapter 2, Section KK
ARB Action: Approved
Determination: According to the Guidelines, it is necessary to operate under the 2011 guideline requirements when a district begins spending Year 14 grant funds. The District, which is operating under the 2008 Guidelines, has a project that they cannot fully fund with the remaining monies from their Year 13 grant. The District is also preparing to execute other urgently timed contracts for its Year 14 grant cycle, and has concern that some of these year 14 contracts may be executed while the final Year 13/Year 14-funded contract is still in draft. ARB recognizes that it is not always possible to expend yearly grants in discrete amounts, nor is it always possible to fully control the timing of contract execution. On occasion, it may be necessary to overlap funding years.
The district is permitted to co-fund their final Year 13 project with some of their Year 14 monies and to execute the contract under the terms of the 2008 Guidelines, provided the equipment meets eligibility requirements. Note this approval is granted only for the allowance of this co-funding of the project listed above, and does not constitute a comprehensive review of the project. It is the district’s responsibility to verify that the project conforms to applicable cost effectiveness limits, all other applicable guidelines and statutes, and is surplus to existing emission control rules. Please include this case-by-case reference number in the comment field for the projects in the CARL database.
Determination Date: February 19, 2013
Contact: Jennifer Kozumplik (916) 445-3516
Reference # 2011-46
Request: Allow photographic evidence as destruction documentation (Project # 11MOY27).
Air District: Bay Area AQMD
Guidelines Section(s): 2008 Guidelines, Part III-Program Administration, Section 31(c)
ARB Action: No Action / CBC approval not required.
Determination: 2008 Guidelines require documentation of baseline engine destruction by district staff either “in-person or through photographic or video evidence,” in accordance with district policies and procedures. Since district staff has photographic evidence, Moyer staff considers this situation to be an internal policy issue for the district.
Determination Date: July 18, 2011
Contact: John Ellis (626) 350-6516
Reference # 2011-38
Request: Consider as fully expended an in-progress marine project, Scandia 09-07, delayed because of a State of Emergency
Air District: Mendocino County AQMD
Guidelines Section(s): 2011 Guidelines, Program Administration, Section O(1)
ARB Action: Approved
Determination: In March 2011, severe rainstorms and flooding struck Humboldt County, leading to the declaration of a State of Emergency by Governor Brown. This natural event caused delays and parts delivery disruptions that halted timely completion of a Mendocino County AQMD marine repower project, Scandia 09-07, in which the engine had been delivered to the installer (in Humboldt County) and paid for by the grantee. If the District pays the grantee for the engine by June 30, 2011, this project will be considered fully expended for the purpose of meeting the Carl Moyer Program Year 11 expenditure deadline. District post-inspection and payment must occur by December 31, 2011. This project must also still comply with all other applicable Guideline criteria.
Determination Date: June 9, 2011
Contact: Tim Hartigan (916) 324-0202