July 2024
Recent enforcement actions by the California Air Resources Board (“CARB”) have led to substantial settlements with members of the regulated community, totaling over $73 million from January through July 2024. This article explores the broad spectrum of CARB regulations the community must navigate when doing business in California, ranging from stationary and non-stationary emissions to consumer products.
Overview of Recent CARB Settlements
CARB’s Motor Vehicle Pollution Control Devices Regulation (Vehicle Standards)[1] enforcement has resulted in the largest settlements so far this year, amounting to approximately $50,222,820 from three separate cases.
In some instances, CARB has enforced multiple regulations against a single entity concurrently, resulting in substantial settlement amounts to resolve multiple alleged violations. The following are regulations CARB has enforced together, resulting in high-value settlements:
- Off-Road Compression-Ignition Engines and Equipment Regulation (Off-Road CI Regulation)[2] and Off-Road Large Spark-Ignition Engines (LSIE Regulation)[3]
- Approximately $16,196,920 in settlement amount from one case.
- Management of High-Global Warming Potential Refrigerants for Stationary Sources (RMP Regulation)[4] and Prohibitions on Use of Certain Hydrofluorocarbons in Stationary Refrigeration, Stationary Air-conditioning, and Other End-Uses (HFC Regulation)[5]
- Approximately $1,592,500 in settlement amount from one case.
Certain CARB regulations have been enforced with more rigor than others. The following regulations had the highest number of cases so far, which may reflect more active enforcement efforts by the agency:
- Low Carbon Fuel Standard Regulation (LCFS Regulation)[6]
- Eight cases, resulting in settlement amounts of approximately $480,677 this year.
- Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels Within California Waters and 24 Nautical Miles of the California Baseline (Ocean-Going Vessel Fuel Regulation)[7]
- Eight cases, resulting in settlements amounts of approximately $222,500 this year.
- Regulation for Reducing Emissions from Consumer Products (Consumer Products Regulation)[8]
- Eight cases, resulting in settlement amounts of approximately $198,000 this year.
Summary Table
The table below summarizes the recent CARB settlements and the associated settlement amounts. The substantial settlements resulting from CARB’s recent enforcement actions highlight the agency’s vigorous approach to regulatory compliance. Understanding which regulations are being enforced more actively can help businesses better prepare for compliance and avoid costly settlements.
| CARB Regulation | Settlement Amount Sum | Number of Cases |
| Regulation for Reducing Volatile Organic Compound Emissions from Antiperspirants and Deodorants | $3,000 | 1 |
| LMR Regulation (Methane Emissions from Municipal Solid Waste Landfills) | $37,326 | 1 |
| CHC Regulation (Airborne Toxic Control Measure for Commercial Harborcraft) | $46,088 | 1 |
| Indoor ACD Regulation (Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices) | $158,200 | 3 |
| Small Off Road Engines Regulation (Exhaust Emission Regulation and the Small Off-Road Engines) | $159,600 | 1 |
| Regulation for Reducing Emissions from Consumer Products | $198,000 | 8 |
| Truck and Bus Regulation (Regulation to Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen and Other Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled Vehicles) | $199,689 | 4 |
| RMP Regulation (Management of High-Global Warming Potential Refrigerants for Stationary Sources) | $269,527 | 3 |
| Ocean-Going Vessel Fuel Regulation (Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels Within California Waters and 24 Nautical Miles of the California Baseline) | $222,500 | 8 |
| Composite Wood Regulation (Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products) | $250,625 | 3 |
| PSIP Regulation (Periodic Smoke Inspections of Heavy-Duty Diesel-Powered Vehicles) | $282,000 | 1 |
| SF6 GIS Regulation (Regulation for Reducing Sulfur Hexafluoride Emissions from Gas Insulated Switchgear, renamed in 2021 as” Regulation for Reducing Greenhouse Gas Emissions from Gas-Insulated Equipment”) | $349,962 | 3 |
| SIMW Evaporative Regulation (Evaporative Emissions Requirements for Spark-Ignition Marine Watercraft with Gasoline-Fueled Engines) | $360,000 | 3 |
| Off-Road CI Regulation (Off-Road Compression-Ignition Engines and Equipment) | $410,625 | 1 |
| LCFS Regulation (Low Carbon Fuel Standard) | $480,677 | 8 |
| Portable Fuel Containers and Spill-Proof Spouts Regulation | $610,614 | 1 |
| ATCM Regulation (Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling) | $970,000 | 1 |
| RMP Regulation and HFC Regulation (Management of High-Global Warming Potential Refrigerants for Stationary Sources; Prohibitions on Use of Certain Hydrofluorocarbons in Stationary Refrigeration, Stationary Air-conditioning, and Other End-Uses) | $1,592,500 | 1 |
| Off-Road CI Regulation and LSIE Regulation (Off-Road Compression-Ignition Engines and Equipment Regulation; Off-Road Large Spark-Ignition Engines) | $16,196,920 | 1 |
| Vehicle Standards (Motor Vehicle Pollution Control Devices Regulation) | $50,222,820 | 3 |
| Grand Total | $73,020,673 | 56 |
For more information on recent enforcement trends in California, please contact us at: [email protected].
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© 2024 – Hartman King PC. All rights reserved. Hartman King PC prepared the information in this article for informational purposes only, and it does not constitute legal advice.
[1] California Code of Regulations, title 13, sections 1900-2048.
[2] California Code of Regulations, title 13, sections 2420-2427.
[3] California Code of Regulations, title 13, sections 2430-2439.
[4] California Code of Regulations, title 17, section 95380 et seq.
[5] California Code of Regulations, title 17, section 95371.
[6] California Code of Regulations, title 17, section 95494 et seq.
[7] California Code of Regulations, title 13, section 2299.2, and title 17, section 93118.2.
[8] California Code of Regulations, title 17, section 94807 et seq.