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In California, a vehicle is designated a gross polluter if its emissions levels are greater than the standards for HC, CO, or NO at the time of inspection. The state has implemented a Gross-Polluter Vehicle Retirement Program to incentivize owners to scrap their old, highly polluting vehicles. Owners of gross polluters can apply for a letter of approval to scrap their vehicles and receive payment upon presenting proof of scrapping. This program aims to reduce vehicular pollution, as older cars tend to pollute significantly more than newer ones.
| Characteristics | Values |
|---|---|
| Definition | A vehicle is designated as a gross polluter if the emission levels at the time of the initial inspection, before repairs, are greater than the gross polluter standards for HC, CO, or NO for ASM 5015 or ASM 2525. |
| Causes | Poor maintenance, tampering with or removal of emissions equipment (e.g. catalytic converters). |
| Impact | Owners must make sufficient repairs so that the vehicle no longer qualifies as a gross polluter. Until then, the car cannot be registered or legally driven. |
| Incentives | California offers financial assistance to low-income owners for repairs to bring the car into compliance with emissions limits. Owners of gross polluters can also apply for a letter of approval to scrap the vehicle and receive payment of $1,000 to $1,500. |
| Detection | Ten roadside sensors have been set up in California to detect gross polluters and photograph their license plates. |
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What You'll Learn
The 'Gross Polluter' Law in California
California has the most stringent new-car emission standards in the nation, along with a vehicle inspection (smog check) program that results in most cars producing very little pollution. However, a small percentage of automobiles cause a disproportionate and significant amount of air pollution in the state. These vehicles are referred to as "gross polluters".
The Gross Polluter Law in California states that if a vehicle emits enough carbon monoxide or hydrocarbons to be dubbed a "gross polluter", the owner must repair it, regardless of the cost. They must then go to one of 48 state-contractor referee stations and pay for a retest. If the vehicle is not repaired, it cannot be legally driven, but it will not be confiscated. Owners can seek waivers or economic hardship extensions. The owner of a gross polluter may have to return the vehicle for another test in a year.
The California Environmental Protection Agency, the state board, and the department, in cooperation with the Environmental Protection Agency, are responsible for identifying gross polluting vehicles. They do so through alternative loaded mode emission tests and remote sensing-based programs. The latter can also be used by law enforcement authorities to stop, inspect, and cite vehicles with disconnected emission control equipment.
The Gross Polluter Law is part of California's broader efforts to hold polluters accountable and address climate change. For example, the state has proposed the Climate Superfund Act, modelled after the federal Superfund law, which would require companies to pay for the cleanup of contamination caused by their activities. Additionally, California lawmakers have vowed to support the Polluters Pay Climate Cost Recovery Act, a bill that would force big fossil fuel companies to pay for their damage to the climate.
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Emission standards for vehicles
In the United States, vehicle emission standards are regulations set to control air pollution from cars and other vehicles. These standards cover tailpipe pollution, including carbon monoxide, nitrogen oxides, and particulate emissions, with newer versions incorporating fuel economy standards. The federal government is responsible for establishing and enforcing these standards, which all vehicles must meet.
The history of vehicle emission standards in the US can be traced back to the 1950s with the Air Pollution Control Act of 1955. This early legislation encouraged research and development towards reducing pollution. However, it wasn't until the Clean Air Act of 1963 (CAA) and its subsequent amendments that more concrete steps were taken. The Motor Vehicle Air Pollution Control Act (MVAPCA) amendment in 1965 gave the Secretary of the Department of Health, Education, and Welfare (HEW) the authority to set federal standards for vehicle emissions as early as 1967.
California played a significant role in the development of vehicle emission standards. By the mid-20th century, the state was experiencing rapid economic growth, but this was accompanied by an increase in air pollution. Smog began to form in the valleys of Southern California, causing respiratory issues and crop damage. Dutch chemist Arie Jan Haagen-Smit identified the main culprits behind this smog: carbon monoxide, hydrocarbons, and nitrogen oxides emitted from vehicles and factories through inefficient fuel combustion. In 1967, California established the California Air Resources Board (CARB) with Haagen-Smit as its first chairman, and they set stringent vehicle emission standards to tackle the state's air pollution crisis.
Other states were facing similar air pollution challenges, but they feared that imposing strict standards would drive away automobile manufacturers. As a result, the National Emissions Standards Act (also known as the Air Quality Act) was introduced in 1967, preventing states from setting more restrictive emission standards than the federal levels. However, California was granted a waiver to continue with its more stringent regulations, as it had already established its program before the Act. This dynamic led to California's standards becoming a de facto benchmark for vehicle manufacturers nationwide.
While the federal government sets the baseline emission standards, states have some flexibility in enforcement and can perform vehicle inspection programs beyond the requirements for new vehicles. These inspections play a crucial role in ensuring that vehicles meet the required emission standards, with the specific pass/fail criteria defined by the Bureau of Automotive Repair (BAR). Vehicles that fail to meet these standards may be designated as "gross polluters," indicating that their emission levels exceed the acceptable thresholds for pollutants such as HC, CO, and NOx.
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The Bureau of Automotive Repair
The BAR has also established gross polluter standards, which are used to identify and designate a vehicle as a gross polluter. A vehicle is deemed a gross polluter if, during its initial inspection and prior to any repairs, its emissions levels exceed the ASM 5015 and ASM 2525 gross polluter standards for HC, CO, or NO.
The BAR may adjust the emission standards by 30% or apply specific tolerances for HC, CO, and NO if test data suggests that adjustments are necessary. Alternatively, the BAR may establish standards for particular vehicle and engine configurations that exhibit excessive errors, as required by the Health and Safety Code.
It is important to note that the Vehicle Lookup Table (VLT) Row ID number displayed on the BAR website may differ from the VLT Row ID number on a Vehicle Inspection Report printed from software used prior to the BAR-97 2010 software update. While the BAR provides emissions standards that are intended to be identical to those used during inspection, the emissions standards applied by the Emissions Inspection System take precedence.
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Smog certificates
A smog certificate is issued when a vehicle passes a smog check inspection. This certificate is then sent electronically to the DMV and is valid for 90 days. The specific tests included in a smog check may vary but generally include a visual inspection of emission control components and systems, as well as functional inspections of various vehicle systems, such as the check engine light, ignition timing, exhaust gas recirculation system, fuel evaporative system, gas cap, onboard diagnostic (OBD) system, and tailpipe emissions.
Smog checks are required for vehicle registration renewal and when there is a change of ownership in California. For registration renewal, a smog check is typically required every two years for vehicles more than eight model years old. For a change of ownership, if you are selling a vehicle, it must undergo a smog check before the sale, and you must provide the buyer with a copy of the vehicle inspection report. If you are buying a vehicle from a private seller, it should have passed a smog check within the last 90 days, while a dealership vehicle should have passed within the past two years.
There are some exemptions to the California Smog Check Program. For example, newer vehicles, older vehicles (1975 model year or older), hybrid vehicles, and electric vehicles may be exempt. Additionally, transferring a vehicle between immediate family members does not require a smog check. Furthermore, since January 1, 2019, vehicles less than four model years old can pay a smog abatement fee instead of undergoing a smog inspection for the first eight years of registration.
To improve the efficiency of smog checks, BAR has launched the Continuous Testing Program (CTP) pilot, allowing government agencies to use telematics technology to achieve smog certification without manual in-person inspections. This program is especially beneficial for fleets operating in California, helping to improve compliance, minimize downtime, and reduce operating costs.
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Financial assistance for low-income owners
A "gross polluter" is a vehicle that emits high levels of pollutants. These vehicles are identified when they fail to meet the emission standards for HC, CO, and NO during an inspection. In California, owners of such vehicles are incentivized to scrap them through the Gross-Polluter Vehicle Retirement Program. This program offers financial assistance to low-income owners to help them repair or replace their non-compliant vehicles.
California recognizes the financial burden that complying with emissions standards can place on low-income residents. As a result, the state offers several financial assistance programs to support low-income owners in bringing their vehicles into compliance with emissions regulations.
One option is the Cash-For-Clunkers Rebate program, where owners of gross polluters can apply to the Bureau of Auto Repair (BAR) for approval to scrap their vehicle. Once the vehicle is scrapped through an approved dismantler, owners receive a payment ranging from $1,000 to $1,500. This program not only provides financial relief but also encourages the removal of highly polluting vehicles from the roads, improving air quality.
In addition to the scrappage program, California proposes expanding its Fleet Modernization Program. This program offers bounties to owners who voluntarily retire their vehicles that fail smog checks. The expansion aims to include trucks, sport-utility vehicles, and vans, providing more options for low-income owners to benefit from the program.
California also provides financial assistance specifically for repair costs. Low-income owners can receive support to repair their vehicles and bring them into compliance with the emissions limits for their model year. This option allows residents to retain their vehicles while still reducing their environmental impact.
At the national level, the US government offers various grant programs aimed at reducing greenhouse gas emissions and promoting zero-emission technologies. The Greenhouse Gas Reduction Fund includes initiatives such as the Clean Communities Investment Accelerator, which provides grants to hub nonprofits that fund and assist local community lenders. These community lenders then offer financial assistance to low-income individuals and communities to adopt zero-emission technologies.
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Frequently asked questions
A vehicle is designated as a gross polluter if the emission levels are greater than the standards for HC, CO, or NO at the time of the initial inspection.
If your vehicle is designated a gross polluter, you will need to make sufficient repairs so that it no longer qualifies as one. Only then can you get a waiver or "economic hardship extension" if the car still does not pass smog test standards.
There are ten roadside sensors set up statewide to detect gross polluters and photograph their license plates.
Owners of gross polluters can apply to the Bureau of Auto Repair (BAR) for a letter of approval to scrap the vehicle. When they turn in the vehicle, they receive a payment of $1,000 to $1,500. California also offers financial assistance to low-income owners to help with repairs.
