Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(a)
Purpose
The purpose of this regulation is to reduce emissions of
diesel particulate matter (PM), oxides of nitrogen (NOx) and other criteria
pollutants from in-use diesel-fueled vehicles.
(b)
Scope and Applicability
Except as provided in subsection (c), this regulation
applies to any person, business, federal government agency, school district or
school transportation provider that owns or operates, leases, or rents,
affected vehicles that operate in California. The regulation also applies to
persons that sell affected vehicles in California. Affected vehicles are those
that operate on diesel-fuel, dual-fuel, or alternative diesel-fuel that are
registered to be driven on public highways, were originally designed to be
driven on public highways whether or not they are registered, yard trucks with
on-road engines or yard trucks with off-road engines used for agricultural
operations, both engines of two-engine sweepers, schoolbuses, and have a
manufacturer's gross vehicle weight rating (GVWR) greater than 14,000 pounds
(lbs).
(c)
Exemptions
This regulation does not apply to:
(1) Vehicles subject to the solid waste
collection vehicle rule commencing with title 13, CCR, section
2021;
(2) Vehicles owned or operated by a
municipality, as defined in title 13, section
2020(b), that
comply with the Best Available Control Technology (BACT) requirements of title
13, CCR, section
2022.1(a)(1);
(3) Vehicles subject to the fleet rule for
public transit agencies commencing with title 13, CCR, section
2023;
(4) Vehicles subject to the rule for mobile
cargo handling equipment at ports and intermodal rail yards commencing with
title 13, CCR, section
2479;
(5) Military tactical support vehicles, as
described in title 13, CCR, section
1905;
(6) Authorized emergency vehicles as
described in California Vehicle Code (Veh. Code), section 165;
(7) Off-road vehicles equipped with engines
subject to title 13, CCR, sections
2401,
2411,
2421,
2432, and
2449;
(8) Dedicated snow-removal vehicles as
defined in section
2025(d)(15);
(9) Historic vehicles as defined in section
2025(d)(36);
(10) Motor homes for non-commercial private
use;
(11) Except as specified in
section 2025 (l) vehicles
subject to the regulation for drayage trucks commencing with title 13, CCR,
section 2027 until January 1,
2023;
(12) Trucks with a GVWR of
19,500 lbs or less with a pick-up bed used exclusively for personal,
non-commercial, or non-governmental use; and
(13) Except for two-engine sweepers, other
two-engine on-road vehicles that are subject to title 13, CCR, section
2449, including but not limited
to, water well drilling rigs, workover rigs, and cranes, in which one engine
provides the motive power for the vehicle and a second engine is an auxiliary
engine 50 horsepower or greater that is integrated into the design of the
vehicle and provides power for the vehicle to perform a specialized
function.
(d)
Definitions
For purposes of this regulation, the following definitions
apply:
(1) "2006 Baseline
Fleet" means diesel-fueled heavy-duty vehicles with a GVWR greater
than 26,000 lbs included in the scope of section
2025(b) that were
owned by a fleet and registered to operate in California on October 1, 2006
with the California Department of Motor Vehicles, or were owned by a fleet,
registered to operate on October 1, 2006 in a jurisdiction that is an
International Registration Plan member, and were driven at least 1,000 miles in
California in the calendar year 2006. A fleet owner must include all vehicles
that fall within the scope and applicability of section
2025(b) and must
exclude all vehicles that are exempt from the regulation in the exemptions
section 2025(c).
(2) "
2007 Model Year Emissions
Equivalent" means emissions from:
(A) An engine certified to the 2004 through
2006 model year heavy-duty diesel engine emissions standard that is equipped
with the highest level VDECS and reduces NOx emissions by at least 40 percent;
or
(B) An engine that was built to
the 2004 engine emission standard and was not used in any manufacturer's
averaging, banking, or trading program that is equipped with the highest level
VDECS and reduces NOx exhaust emissions by at least 40 percent; or
(C) An engine certified to the 2003 or prior
model year heavy-duty diesel engine emissions standard that is equipped with
the highest level VDECS and reduces NOx exhaust emissions by at least 70
percent; or
(D) An engine certified
to the 2007-2009 model year heavy-duty engine emissions standard and meets PM
BACT.
(3) "
2010
Model Year Emissions Equivalent Engine" means emissions from:
(A) An engine certified to the 2004 through
2006 model year heavy-duty diesel engine emissions standard that is equipped
with the highest level VDECS and reduces NOx emissions by at least 85 percent;
or
(B) An engine that was built to
the 2004 engine emission standard and was not used in any manufacturer's
averaging, banking, or trading program that is equipped with the highest level
VDECS and reduces NOx exhaust emissions by at least 85 percent; or
(C) An engine certified to the 2007 model
year heavy-duty diesel engine emissions standard that meets PM BACT and reduces
NOx exhaust emissions by more than 70 percent; or
(D) An engine certified to the 2010 model
year or newer heavy-duty diesel engine emissions standard that meets PM BACT;
or
(E) A heavy-duty engine
certified to 0.2 g/bhp-hr or less NOx emissions level and 0.01 g/bhp-hr or less
PM emissions level; or
(F) An
off-road engine certified to the Tier 4 Final engine emissions
standard.
(4)
"
Agricultural Operations" means:
(A) The activity of growing or harvesting
crops for the primary purpose of making a profit or providing a livelihood
including any horticultural, viticultural, aquacultural, forestry, dairy,
livestock, poultry, bee or farm product. Raising plants at nurseries that sell
exclusively retail are not included, or
(B) The cutting or removing of timber, other
solid wood products, including Christmas trees, and biomass from forestlands
for commercial purposes. The services also include all the work incidental
thereto, including but not limited to, construction and maintenance of roads,
fuel breaks, firebreaks, stream crossings, landings, skid trails, beds for
falling trees, fire hazard abatement, and site preparation that involves
disturbance of soil or burning of vegetation following forest removal
activities. Forest operations include the cutting or removal of trees, tops,
limbs and or brush which is processed into lumber and other wood products, and
or for landscaping materials, or biomass for electrical power generation.
Forest operations do not include conversion of forestlands to other land uses
such as residential or commercial developments.
(5) "
Agricultural Vehicle"
means a vehicle that is eligible to utilize the requirements for agricultural
vehicles in section
2025(m) and meets
one of the definitions of (A) through (E) below.
(A) A vehicle, or truck-tractor and trailer
combination, owned by a farming business and used exclusively in one or more of
the following ways:
1. in agricultural
operations;
2. to transport
harvested farm products to the first point of processing;
3. to directly support farming or forestry
operations, which may include supply trucks, cattle trucks, and other vehicles
but does not include vehicles that do not directly support farming operations
such as personal use vehicles, vehicles rented or leased to others for
non-agricultural uses that do not qualify, or vehicles used in a transportation
business other than to transport harvested farm products to the first point of
processing.
(B) A
vehicle, or truck-tractor and trailer combination, owned by a bee keeping
business and used exclusively to transport their own bees or honey to the first
point of processing.
(C) A truck,
or a truck-tractor and trailer combination, that is required to display a
hazardous material placard during delivery and exclusively delivers fertilizer
or crop protection chemicals that require placard identification for use in
agricultural operations from a distribution center to a farm and back, and is
owned by a business holding a valid fertilizer or pest control license.
1. Owners of such vehicles must hold:
a. a valid pest control dealer license issued
by the California Department of Pesticide Regulation as required under Food
& Agricultural Code, Division 6, Chapter 7, Article 6, Section 12101;
or
b. a valid fertilizing materials
license issued by the California Department of Food and Agriculture as required
under Food & Agricultural Code, Division 7, Chapter 5, Article 4, Section
14591(a).
2. Such
vehicles must exclusively carry products defined under one of the following,
and be required to display an appropriate placard, as required by the United
States Department of Transportation:
a. 49
CFR, CHAPTER 1, PART 173.127 (Division 5.1); or
b. 49 CFR, CHAPTER 1, PART 173.132 (Division
6.1); or
c. 49 CFR, CHAPTER 1, PART
173.115 Class 2, (Division 2.1, 2.2, and 2.3); or
d. 49 CFR, CHAPTER 1, PART 173.136 Class 8;
or
e. 49 CFR, CHAPTER 1, PART
173.140 Class 9.
(D) A truck, or truck-tractor and trailer
combination, designed for in-field operations, that is exclusively engaged in
agricultural operations on the farm. Examples include truck configurations
designed to spread manure, dispense hay, and dispense freestall bedding. It
also includes water trucks and trucks designed or modified to be used
exclusively for the dusting, spraying, fertilizing, or seeding of crops. Except
as allowed in (A) above, trucks, or truck-tractor and trailer combinations that
transport any products, materials, personnel, or equipment are
excluded.
(E) A truck, or
truck-tractor and trailer combination, including yard trucks, that exclusively
transports any unprocessed horticultural, viticultural, aquacultural, forestry,
dairy, livestock, poultry, bee or farm products such as raw, unprocessed crops,
livestock, fish, or fowl between the farm and where the first point of
processing occurs after harvest. Also included are trucks that are used to
harvest crops for silage, and trucks that transport unprocessed agricultural
materials from forest or farm to a biomass facility.
(6) "
Alternative Diesel
Fuel" means any fuel used in diesel engines that is not a reformulated
diesel fuel as defined in sections
of title
132281 and
2282 of title 13, CCR, and does
not require engine or fuel system modifications for the engine to operate,
other than minor modifications (e.g., recalibration of the engine fuel control)
that may enhance performance. Examples of alternative diesel fuels include, but
are not limited to, biodiesel, Fischer-Tropsch fuels, and emulsions of water in
diesel fuel. Natural gas is not an alternative diesel fuel. An emission control
strategy using a fuel additive will be treated as an alternative diesel fuel
based strategy unless:
(A) the additive is
supplied to the engine fuel by an on-board dosing mechanism; or
(B) the additive is directly mixed into the
base fuel inside the fuel tank of the engine; or
(C) the additive and base fuel are not mixed
until engine fueling commences, and no more additive plus base fuel combination
is mixed than required for a single fueling of a single engine or
vehicle.
(7)
"Alternative Fuel" means natural gas, propane, ethanol,
methanol, hydrogen, electricity, fuel cells, or advanced technologies that do
not rely on diesel fuel. "Alternative fuel" also means any of these fuels used
in combination with each other or in combination with other non-diesel
fuels.
(8)
"Alternative-Fueled Engine" means an engine that is
exclusively fueled with a fuel meeting the definition of alternative
fuel.
(9) "Authorized
Emergency Vehicle" has the same meaning as California Vehicle Code
section
165.
(10) "California Based
Broker" means a person, with operations based in California, who, for
compensation, arranges or offers to arrange the transportation of property by
an authorized motor carrier. A motor carrier, or person who is an employee or
bona fide agent of a carrier, is not a broker when it arranges or offers to
arrange the transportation of shipments which it is authorized to transport and
which it has accepted and legally bound itself to transport.
(11) "Commercial Vehicle"
means a motor vehicle or combination of motor vehicles as defined in California
Veh. Code, section 260.
(12)
"Common Ownership or Control" means being owned or managed day
to day by the same person, corporation, partnership, or association. Vehicles
managed by the same directors, officers, or managers, or by corporations
controlled by the same majority stockholders are considered to be under common
ownership or control even if their title is held by different business
entities. Common ownership or control of a federal government vehicle shall be
the primary responsibility of the unit that is directly responsible for its day
to day operational control.
(13)
"Compliance Year" means January 1 through December 31 of a
calendar year.
(14)
"Compression Ignition Engine" means an internal combustion
engine with operating characteristics significantly similar to the theoretical
diesel combustion cycle. The regulation of power by controlling fuel supply in
lieu of a throttle is indicative of a compression ignition engine.
(15) "Dedicated Snow Removal
Vehicle" means a vehicle that has permanently affixed snow removal
equipment such as a snow blower or auger, and is operated exclusively to remove
snow from public roads, private roads, or other paths to allow on-road vehicle
access.
(16) "Diesel
Fuel" has the same meaning as defined in title 13, CCR, sections
2281 and
2282.
(17) "Diesel Particulate
Filter" means an emission control technology that reduces diesel
particulate matter emissions by directing the exhaust through a filter that
physically captures particles but permits gases to flow through. Periodically,
the collected particles are either physically removed or oxidized (burned off)
in a process called regeneration.
(18) "Diesel Particulate Matter
(PM)" means the particles found in the exhaust of diesel-fueled
compression ignition engines. Diesel PM may agglomerate and adsorb other
species to form structures of complex physical and chemical
properties.
(19) "Drayage
Truck" is the same as defined in title 13, CCR, section
2027.
(20) "Dual-Fuel Engine"
means any compression ignition engine that is engineered and designed to
operate on a combination of alternative fuels, such as compressed natural gas
(CNG) or liquefied petroleum gas (LPG) and diesel fuel or an alternative diesel
fuel. These engines have two separate fuel systems, which inject both fuels
simultaneously into the engine combustion chamber. A dual-fuel engine is not an
alternative-fuel engine.
(21)
"
Electronic Tracking System"
(A) The tracking device must acquire date,
time, and engine-on data at a minimum of 15 minute intervals, with no more than
30 minute data gaps. The tracking device must also acquire location data for
vehicles claiming to operate exclusively in NOx-exempt areas and for vehicles
that must document low-use in California when their total miles of operation
exceed 1,000 miles and total hours of operation exceed 100 hours.
(B) The tracking records must be collected by
an independent entity with no business relationship to the owners of the
vehicles being tracked, other than to provide the tracking
service.
(22)
"Emergency Operation" means operation of an authorized
emergency vehicle or emergency support vehicle to help alleviate an immediate
threat to public health or safety. Examples of emergency operation include
vehicle used at an emergency event to repair or prevent damage to roads,
buildings, terrain, and infrastructure as a result of an earthquake, flood,
storm, fire, terrorism, or other infrequent acts of nature. Emergency operation
includes authorized emergency vehicle and emergency support vehicle travel to
and from an emergency event when dispatched by a local, state, or federal
agency. Routine operation to prevent public health risks does not constitute
emergency operation.
(23)
"Emergency Support Vehicle" means a vehicle, other than an
authorized emergency vehicle that has been dispatched by a local, state, or
federal agency that is used to provide transport services or supplies in
connection with an emergency operation.
(24) "Executive Officer"
means the Executive Officer of the ARB or his or her authorized
representative.
(25)
"
Farm" means a physical location for which the primary purpose
is making a profit or providing a livelihood from:
(A) horticultural, viticultural,
aquacultural, forestry or crops or plants that are grown and harvested at the
location, (nurseries that sell exclusively retail are not farms); or
(B) raising, breeding, grazing, feeding, or
milking animals, fish, fowl, or bees.
(26) "Farming Business"
means a business involved exclusively in the cultivating, operating, or
managing a farm for profit, or a business contracted to harvest trees in a
forest for profit. A farming business does not include businesses that derive
their principal source of income from providing agricultural services such as,
landscape services, veterinary, farm labor, or management for a fee or on a
contract basis, or are engaged in the business of artificial insemination,
raising, and caring for dogs, cats, or other pet animals.
(27) "First Point of
Processing" means the location where harvested crops, bees, fowl,
fish, livestock, animals, or their products, such as wool, milk, or eggs, are
first altered from their original state, or the first location where unaltered
products are packaged and prepared for transportation. First point of
processing is not a location of the product's final use and for some crops the
location may be in the field, such as chipping wood. First point of processing
also includes biomass facilities that receive agricultural waste in the form of
unprocessed agricultural materials. A first point of processing may include,
but is not limited to, packinghouses, slaughterhouses, cotton gins, nut
hullers/shellers and processors, dehydrators, lumber mills, feed and grain
mills, and biomass facilities. First point of processing does not include
distribution centers, wholesale retail sales locations where the first
processing of product does not occur, livestock auction houses, and subsequent
locations where processing, canning, or similar activities occur after
departing a first point of processing location.
(28) "
Fleet" means one or
more vehicles, owned by a person, business, or government agency traveling in
California and subject to this regulation. A fleet may fall into one of the
following subclassifications:
(A)
"Federal Fleet" means a fleet of vehicles owned by a
department, agency, or instrumentality of the federal government of the United
States of America and its departments, divisions, public corporations, or
public agencies including the United States Postal Service. With respect to the
Department of Defense and its service branches, federal fleets may be managed
regionally, locally, or a combination of regional and local management. There
may be multiple federal fleets within a military service or an installation;
or
(B) "Rental or Leased
Fleet" means a fleet of vehicles owned by a person (rental or leasing
entity) for the purpose of renting or leasing, as defined in California Uniform
Commercial Code, section
10103(a)(10)
such vehicles to other persons (renters or lessees) for use or
operation.
(29)
"Fleet Owner" means, except as modified below in paragraphs
(A) and (B), either the person registered as the owner or lessee of a vehicle
by the California Department of Motor Vehicles (DMV), or its equivalent in
another state, province, or country; as evidenced on the vehicle registration
document carried in the vehicle.
(A) For
vehicles that are owned by the federal government and not registered in any
state or local jurisdiction, the owner shall be the department, agency, branch,
or other entity of the United States, including the United States Postal
Service, to which the vehicles in the fleet are assigned or which have
responsibility for maintenance of the vehicles.
(B) For vehicles that are rented or leased:
1. The owner shall be presumed to be the
rental or leasing entity for purposes of compliance with section
2025(e), if:
a. The rental or lease agreement for the
vehicle is for a period of less than one year; or
b. The rental or lease agreement for the
vehicle is for a period of one year or longer, unless the terms of the rental
or lease agreement or other equally reliable evidence identifies the party
responsible for compliance with state laws for the vehicle to be the renting
operator or lessee of the vehicle.
2. For purpose of enforcement, if the vehicle
is inspected and cited for noncompliance with this regulation and neither the
operator of the vehicle nor the rental or leasing entity can produce evidence
of the party responsible for compliance with state laws, the owner shall be
presumed to be both the rental or leasing entity and the renting operator or
lessee of the vehicle.
(30)
"Fleet Size" means the
total number of diesel vehicles with a GVWR greater than 14,000 lbs in a fleet,
regardless of whether the vehicles operate in California, that are under common
ownership or control even if they are part of different subsidiaries,
divisions, or other organizational structures of a company or agency.
(31) "Fuel Efficient Hybrid
Vehicle" means a vehicle with an onboard energy storage system that
improves the average fuel economy of the vehicle by at least 20 percent
compared to a conventional diesel vehicle of the same model year and
configuration. The vehicle must have a combination of an engine and onboard
energy storage system that provides motive power for accelerating the vehicle,
regenerative braking, or operates auxiliary equipment while stationary, such as
a boom, auger, or drill rig. The energy storage system can be electric,
hydraulic, pneumatic or of any other type that recovers its energy directly or
indirectly from the engine. In addition, the onboard energy storage system of
the hybrid vehicle can have the capability to supplement its energy from an
external power source.
(32)
"Governmental Agency" means any federal, state, or local
governmental agency, including, public schools, water districts, or any other
public entity with taxing authority.
(33) "Gross Vehicle Weight Rating
(GVWR)" is as defined in Vehicle Code Section
350.
(34) "Heavy-Duty Pilot Ignition
Engine" means an engine designed to operate using an alternative fuel,
except that diesel fuel is used for pilot ignition at an average ratio of no
more than one part diesel fuel to ten parts total fuel on an energy equivalent
basis. An engine that can operate or idle solely on diesel fuel at any time
does not meet this definition.
(35)
"
Highest Level VDECS" means the highest level VDECS verified
by ARB under its Verification Procedure, Warranty and In-Use Compliance
Requirements for In-Use Strategies to Control Emissions from Diesel Engines
(Verification Procedure), title 13, CCR, sections 2700-2710, for a specific
engine as of 10 months prior to the compliance date, which the diesel
emission-control strategy manufacturer and authorized diesel emission-control
strategy dealer agree can be used on a specific engine and vehicle combination
without jeopardizing the original engine warranty in effect at the time of
application.
(A) The highest level VDECS is
determined solely on verified diesel PM reductions. Plus designations do not
affect the diesel PM level assigned to a VDECS; that is, a Level 3 Plus is the
same diesel PM level as Level 3.
(B) A Level 2 VDECS shall not be considered
the highest level VDECS as long as a Level 3 VDECS can be retrofitted on a
vehicle in the fleet.
(C) Level 1
devices are never considered highest level VDECS for the purpose of this
regulation.
(36)
"Historic Vehicle" means a vehicle that meets the
qualifications for a historical vehicle and has been issued a historical
vehicle license plate pursuant to the California Veh. Code, section 5004, and
is operated or moved over the highway primarily for the purpose of historical
exhibition or other historic vehicle club activities.
(37) "Hubodometer" means a
non-resettable device mounted on the axle of a vehicle that measures distance
traveled that has a serial number and a lock-out feature that permanently
prevents tampering.
(38)
"International Registration Plan (IRP)" is a registration
reciprocity agreement among states of the United States and provinces of Canada
providing for payment of license fees on the basis of total distance operated
in all jurisdictions.
(39)
"Log Truck" means a heavy-duty vehicle with a manufacturer's
GVWR greater than 33,000 lbs and has log bunks permanently attached that
exclusively transports logs.
(40)
"
Low-Mileage Construction Truck" means a vehicle that meets
the definition in (A) or (B) as follows:
(A) A
dump truck with a GVWR greater than 26,000 lbs that operates less than 20,000
miles per calendar year and is designed to transport construction materials
such as dirt, asphalt, rock or construction debris including a transfer truck,
or a tractor trailer combination used exclusively to pull bottom dump, end dump
or side dump trailers, or
(B) A
truck with a GVWR greater than 26,000 lbs that travels less than 15,000 miles
per calendar year and is a concrete mixer truck, truck with a concrete placing
boom, a water tank truck, a single engine crane with a load rating of 35 tons
or more, a tractor that exclusively pulls a low-boy trailer, or a truck owned
by a company that holds a valid license issued by the California Contractors
State License Board.
(41)
"Low-use Vehicle" means a vehicle that will be operated fewer
than 1,000 miles in California in any compliance year. If that vehicle has an
engine that powers other equipment that can only be used while stationary, the
engine or power take off (PTO) must also operate less than 100 hours in any
compliance year. The hour limitation does not apply for vehicles where the
engine is used to power an auxiliary mechanism that strictly loads and unloads
cargo from the vehicle (examples include, but are not limited to, dump trucks,
cement powder trucks, or trucks with attached lift devices).
(42) "Motor Carrier" is the
same as defined in California Veh. Code section 408 for fleets other than those
that are comprised entirely of school buses, which for the purposes of this
regulation, means the registered owner, lessee, licensee, school district
superintendent, or bailee of any school bus, who operates or directs the
operation of any such bus on either a for-hire or not-for-hire basis.
(43) "Motor Home" means a
single vehicular unit designed for human habitation for recreational or
emergency occupancy and built on, or permanently attached to, a self-propelled
motor vehicle chassis, chassis cab, or van, which becomes an integral part of
the completed vehicle or a vehicle that exclusively tows a trailer that was
originally designed for human habitation for recreational or emergency
occupancy.
(44) "New
Fleet" means a fleet that is acquired or that enters California after
January 1, 2012. Such fleets may include new businesses or out-of-state
businesses that bring vehicles into California for the first time after January
1, 2012.
(45)
"Non-Commercial Use" means any use or activity where a fee is
not charged and the purpose is not the sale of a good or service, and the use
or activity is not intended to produce a profit.
(46) "NOx Exempt Areas" are
the following counties -- Alpine, Colusa, Del Norte, Glenn, Humboldt, Lake,
Lassen, Mendocino, Modoc, Monterey, Northern Sonoma (as defined in title 17,
CCR section 60100(e), Plumas, San Benito, San Luis Obispo, Santa Barbara, Santa
Cruz, Shasta, Sierra, Siskiyou, Trinity, Tehama, and Yuba.
(47) "Person" means an
individual, corporation, business trust, estate, trust, partnership, Limited
Liability Company, association, joint venture, government, governmental
subdivision, agency, or instrumentality, public corporation, or any other legal
or commercial entity.
(48)
"PM BACT" means the technology employed on the highest level
VDECS for PM or an engine that is equipped with an original equipment
manufacturer (OEM) diesel particulate filter and certified to meet the 0.01
g/bhp-hr certification standard.
(49) "Registered and Driven Safely
On-Road" means a vehicle that meets the requirements to be registered
for on-road operation in California Veh. Code division 3, chap. 1, article 1,
section 4000 et seq. (i.e., required to be registered or could be registered),
and the requirements to be driven safely on-road in "Equipment of Vehicles"
requirements in Veh. Code division 12, chap. 1, sections 24000 et seq. and
"Size, Weight, and Load" requirements in Veh. Code division 15, sections 35000
et seq, or a vehicle defined as an implement of husbandry as defined in
California Veh. Code division 16, chap. 1, section 36000 et seq.
(50) "Repower" means to
replace the engine in a vehicle with a newer engine certified to lower emission
standards for PM or NOx or both as applicable.
(51) "
Responsible Official"
means one of the following:
(A) For a
corporation: A president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function, their delegate,
designee, or any other person who performs similar policy or decision-making
functions for the corporation;
(B)
For a partnership or sole proprietorship: a general partner or the proprietor,
respectively;
(C) For a
municipality, state, federal, or other governmental agency: either a principal
executive officer or ranking elected official. For the purposes of this part, a
principal executive officer of a federal agency includes the chief executive
officer having responsibility for the overall operations of a principal
geographic unit of the agency (e.g., a Regional Administrator of the U.S. EPA).
For the purposes of the Department of Defense Military Services, a commanding
officer of an installation, base or tenant organization.
(52) "San Joaquin Valley Air
Basin" includes the entire counties of San Joaquin, Stanislaus,
Merced, Madera, Fresno, Tulare, and Kings and western part of Kern County as
described starting page 23888 of the Federal Register Vol. 69, No.
84.
(53) "School
Bus" is a motor vehicle as defined in California Veh. Code, section
545.
(54) "
Specialty
Agricultural Vehicle" means an agricultural vehicle having one of the
following body types and has been approved for the exemption in section
2025(m)(11) by
the Executive Officer:
(A) A truck, or a
truck-tractor and trailer combination, designed or modified to be used
exclusively for the fueling, repairing, or loading of an airplane or helicopter
used for the dusting, spraying, fertilizing, or seeding of crops; or
(B) A truck, or a truck tractor and trailer
combination, that is equipped with a self-loading bed and is designed and used
exclusively to transport field manufactured cotton modules to a cotton gin;
or
(C) A truck equipped with a
water tank owned by a farmer, not operated for compensation, and used
exclusively in agricultural operations to provide dust suppression on dirt
roads providing access to agricultural fields and for the transportation of
water for crop or tree irrigation or for livestock; or
(D) A feed truck or mixer-feed truck
specially designed for dispensing feed to livestock. It does not include trucks
designed to supply storage silos with feed.
(E) A truck with a self-loading bed designed
to be used in the process of harvesting lettuce. This type of vehicle is
commonly referred to as a Fabco truck.
(55) "Three Day Pass" means
a once-a-year temporary permit to operate a vehicle in California for three
consecutive days without meeting the requirements of section
2025(e).
(56) "Tier 0 Engine" means
an engine not subject to the requirements in title 13, CCR, section
2423; Title 40, Code of Federal
Regulations (CFR), Part 89; or Title 40, CFR, Part 1039.
(57) "Tier 4 Final Engine"
means an engine subject to the final aftertreatment-based Tier 4 emission
standards in title 13, CCR, section
2423(b)(1)(B)
and/or Title 40, CFR, Part 1039.101 . This also includes engines certified
under the averaging, banking, and trading program with respect to the Tier 4
FEL listed in title 13, CCR, section
2423(b)(2)(B)
and/or Title 40, CFR, Part 1039.101
(58) "Two-Engine Sweeper"
means an on-road heavy-duty vehicle with a manufacturers GVWR greater than
14,000 lbs, used for the express purpose of removing material from road or
other surfaces, by mechanical means through the action of one or more brooms,
or by suction through a vacuum or regenerative air system or any combination of
the above. A two-engine street sweeper has an engine to propel the vehicle and
an auxiliary engine to power the broom or vacuum.
(59) "Private Utility
Vehicle" means a vehicle owned by a privately-owned or publicly held
company or corporation that provides the same or similar services for water,
natural gas, and electricity as a public utility operated by a
municipality.
(60)
"Verified Diesel Emission Control Strategy" (VDECS) means an
emissions control strategy, designed primarily for the reduction of diesel PM
emissions, which has been verified pursuant to the Verification Procedures.
VDECS can be verified to achieve Level 1 diesel PM reductions (25 percent),
Level 2 diesel PM reductions (50 percent), or Level 3 diesel PM reductions (85
percent). VDECS may also be verified to achieve NOx reductions. See also
definition of highest level VDECS.
(61) "VDECS Failure" means
the condition of not achieving the emissions reductions to which the VDECS is
verified. Such condition could be due to inappropriate installation, damage, or
deterioration during use. If a Level 3 VDECS is emitting visible smoke, it is
assumed to have failed.
(62)
"Yard Truck" means a vehicle, with an on-road or off-road
engine and a hydraulically elevated fifth wheel, that is used in moving and
spotting trailers and containers at locations or facilities. Yard trucks are
also known as yard goats, hostlers, yard dogs, trailer spotters, or
jockeys.
(e)
General Requirements
Beginning with the applicable effective dates, a fleet
owner must comply with the following requirements of this regulation:
(1) Except as otherwise provided below for
specific classifications in sections
2025(e)(2)
through 2025(e)(5),
fleets must meet the following compliance schedule:
(A) Starting January 1, 2015, fleets must
meet the requirements of section
2025(f) for all
vehicles with a GVWR 26,000 lbs or less except for school buses.
(B) Starting January 1, 2012, for all
vehicles with a GVWR greater than 26,000 lbs, excluding school buses, fleets
must meet the requirements of section
2025(g) or fleets
that report may instead comply with the phase-in option of section
2025(i).
(C) Fleets with one to three vehicles with a
GVWR greater than 14,000 lbs may utilize the small fleet compliance option of
section 2025(h) for
vehicles with a GVWR greater than 26,000 lbs.
(2) Beginning January 1, 2012, fleets with
school buses must comply with the requirements of section
2025(k) for all
school buses in the fleet.
(3)
Beginning January 1, 2021, all private utility vehicle owners must comply with
the requirements of section
2025
(l)(4).
(4)
Beginning January 1, 2023 drayage trucks must comply with the requirements of
section 2025 (l)(1)
through (3).
(5) All fleets may
utilize the credit provisions of section
2025(j), the
provisions of agricultural vehicles and log trucks of section
2025(m), the
provisions for construction trucks, vehicles operating exclusively in the NOx
exempt areas, or any of the other extensions, delays, and exemptions of section
2025(p).
(6) Although the total number of vehicles
under common ownership or control is determinative of fleet size, if some of
the vehicles within the fleet are under the control of different responsible
officials because they are part of different subsidiaries, divisions, or other
organizational structures of a company or agency, the fleet owner of a "common
ownership of control fleet" may elect to have the vehicles under the control of
different responsible officials report compliance independently of other
vehicles in the general fleet if choosing to comply with the requirements of
section 2025(g) or the
phase-in option of section
2025(i) for the
segment of the fleet under the control of the different responsible officials.
However, all vehicles under common ownership and control must be reported for
the fleet to use the credits for fleets that have downsized in section
2025(j)(1), the
credits for the early addition of newer vehicles in section
2025(j)(3), or
the extension for low-mileage construction trucks of section
2025(p)(2).
(7) Except personal, non-commercial,
unregistered motor vehicles, or vehicles otherwise not required to obtain
authority to operate, the following is required for all fleet owners who elect
to utilize the phase-in option of section
2025(i) and the
small fleet option of section
2025(h), the
credit provisions of section
2025(j) for early
PM retrofits, early addition of newer vehicles, hybrid vehicles, alternative
fueled vehicles, and vehicles with heavy-duty pilot ignition engines, the
agricultural vehicle provisions of section
2025(m), or the
exemptions, delay, and extensions of section
2025(p):
(A) A valid California motor carrier of
property number; or
(B) A valid
identification number assigned by the United States Secretary of the Department
of Transportation; or
(C) A valid
operating authority number issued by the Public Utilities Commission;
or
(D) Other applicable valid
operating authority number approved by the Executive
Officer.
(8) All
information specified in section
2025(r) must be
reported to the Executive Officer.
(9) Records must be kept as specified in
section 2025(s).
(10) Once a vehicle is required to be in
compliance with this regulation, it must remain in compliance at all times that
it is operating in California.
(f)
Requirements for Vehicles with a
GVWR 26,000 lbs or less
Fleets owners must comply with the schedule in Table 1 for
all the vehicles in the fleet with a GVWR 26,000 lbs or less and meet the
record keeping requirements of section
2025(s). Fleets
do not need to meet the reporting requirements of section
2025(r). School
buses are not subject to the requirements of this subsection and must meet the
requirements of section
2025(k).
(1) Except as provided in (3) below, all
vehicles with a GVWR 26,000 lbs or less must be equipped with a 2010 model year
emission equivalent engine pursuant to the following schedule in Table 1:
Table 1: Compliance Schedule by Engine Model
Year for Vehicles with a GVWR 26,000 lbs or less
Compliance Date as of
January 1 |
Existing Engine Model
Year |
Requirements |
2015 | 1995 & older | |
2016 | 1996 |
|
2017 | 1997 |
|
2018 | 1998 |
|
2019 | 1999 | 2010 model year emission
equivalent |
2020 | 2003 & older |
|
2021 | 2004-2006 |
|
2022 | N/A |
|
2023 | All engines |
|
(2)
Any engine that meets PM BACT prior to January 1, 2014, does not have to be
upgraded to a 2010 model year emissions equivalent engine until January 1,
2020, but the fleet owner must meets the reporting and record keeping
requirements of sections
2025(r) and (s)
for the vehicle.
(3) Fleets may use
the provisions for agricultural vehicles in section
2025(m) or any of
the exemptions, delays, and extensions of section
2025(p), except
for the following sections that apply only to heavier trucks: 2025(p)(1)(B),
2025(p)(2), 2025(p)(8), 2025(p)(9), and 2025(p)(10).
Any fleet where all vehicles with a GVWR 26,000 lbs or less
meet PM BACT prior to January 1, 2014, does not have to upgrade those vehicles
to 2010 model year emissions equivalent engines until January 1, 2023, but must
meet the reporting and record keeping requirements of sections
2025(r) and
2025(s) by
January 31, 2014 for all the vehicles in the fleet with a GVWR 26,000 lbs or
less.
(g)
Requirements for Vehicles with a GVWR greater than 26,000 lbs
Fleets owners must comply with the schedule in Table 2 for
all vehicles in the fleet with a GVWR greater than 26,000 lbs and must comply
with the record keeping requirements of section
2025(s), and are
not required to meet the reporting requirements of section
2025(r). A fleet
may meet PM BACT by installing the highest level VDECS or by having an engine
equipped with an OEM diesel particulate filter. A fleet may meet the 2010 model
year emissions equivalent engine requirement by replacing the engine or vehicle
with one with a 2010 model year engine or later, retrofitting the engine with a
VDECS that achieves 2010 model year equivalent emissions, or by replacing a
vehicle with one that has a future compliance deadline. Fleets may
alternatively choose to comply using the phase-in option of section
2025(i) or as
specified in 2025(g)(3) below.
(1)
Starting January 1, 2012, all vehicles in the fleet with a GVWR greater than
26,000 lbs must meet PM BACT and upgrade to a 2010 model year emissions
equivalent engine pursuant to the schedule set forth in Table 2 below.
Table 2: Compliance Schedule by Engine Model
Year for Vehicles with GVWR greater than 26,000 lbs
Engine Model
Year |
Compliance Date
Install PM Filter by |
Compliance Date 2010
Engine by |
1993 & older | N/A | January 1,
2015 |
1994 - 1995 | N/A | January 1, 2016 |
1996 - 1999 | January 1, 2012 | January
1, 2020 |
2000 - 2004 | January 1, 2013 | January
1, 2021 |
2005 - 2006 | January 1, 2014 | January
1, 2022 |
2007 or newer | January 1, 2014 if not OEM
equipped | January 1, 2023 |
(2)
A 2007 model year emissions equivalent engine complies with the BACT
requirements until January 1, 2023.
(3) From January 1, 2012 until January 1,
2014, any fleet may optionally choose to meet PM BACT according to the
following:
(A) 2003-2004 model year engines
and 1993 model year and older engines by January 1, 2012.
(B) 2005-2006 model year engines and
1994-1999 model year engines by January 1, 2013.
(C) All engines by January 1, 2014.
(D) After January 1, 2014, this option
expires and the fleet must comply with general requirements of section
2025(e).
(E) Fleet owners choosing this option must
comply with the reporting and record keeping requirements of sections
2025(r) and
(s).
(4) Any engine that meets PM BACT prior to
January 1, 2014, does not have to be upgraded to a 2010 model year emissions
equivalent engine until January 1, 2020 at which time it must be in compliance
with the schedule set forth in Table 2 above. To use the exemption, fleet
owners choosing this option must comply with the reporting and record keeping
requirements of sections
2025(r) and (s)
by January 31, 2014 for the vehicles that meet PM BACT.
(5) Fleets may utilize the exemptions and
extensions of sections
2025(p) and
2025(m).
(6) Fleets may use the extension based on the
unavailability of highest level VDECS of section
2025(p)(9) for
1996 model year or newer engines.
(h)
Small Fleet Compliance
Option
In lieu of initially complying with the schedule set forth
in Table 2 of section
2025(g), a fleet
with a fleet size of one to three vehicles with a GVWR greater than 14,000 lbs
may alternatively comply with the phase-in schedule to meet PM BACT as
specified below for the vehicles in the fleet with a GVWR greater than 26,000
lbs from January 1, 2014 to January 1, 2016. Fleets must comply with the record
keeping requirements of section
2025(s) starting
January 1, 2012 and must meet the reporting requirements as specified below to
utilize this option.
(1) Vehicles
within the fleet shall meet PM BACT pursuant to the following schedule:
(A) One vehicle by January 1, 2014.
(B) Two vehicles by January 1,
2015.
(C) Three vehicles by January
1, 2016.
(2) Vehicles
that meet PM BACT are exempt from meeting the 2010 model year emissions
equivalent engine requirements until January 1, 2020.
(3) Fleets with 1996-1999 model year engines
must comply with the reporting requirements of section
2025(r) starting
January 31, 2012.
(4) Fleets with
2000-2004 model year engines must comply with the reporting requirements of
section 2025(r) starting
January 31, 2013.
(5) All fleet
owners must comply with the reporting requirements of sections
2025(r) by
January 31, 2014.
(6) Beginning
January 1, 2020, all vehicles in the fleet must comply with the 2010 model year
emissions equivalent engine requirements by engine model year as set forth in
Table 2 of section
2025(g).
(7) This option is not available to divisions
within a company or subsidiaries under common ownership and control that have a
combined fleet size greater than three.
(8) Fleets using this option may also utilize
the exemptions and extensions in section
2025(m) and
2025(p).
(9) Fleets may use the extension based on the
unavailability of highest level VDECS of section
2025(p)(9) for
all engine model years in the fleet.
(i)
Phase-in Option
In lieu of initially complying with the schedule set forth
in Table 2 of section
2025(g), fleets
may alternatively comply with the phase-in schedule of this subsection for the
vehicles in the fleet with a GVWR greater than 26,000 lbs from January 1, 2012
to January 1, 2016.
(1) Beginning
January 1, 2012, fleets electing this option must meet the PM BACT requirements
pursuant to the schedule set forth in Table 3 below and then comply with the
requirements of section
2025(g) starting
January 1, 2020.
Table 3: Phase-in Compliance Schedule for
Vehicles with GVWR greater than 26,000 lbs
Compliance Date as of
January 1 |
Percent of Fleet Complying
with PM BACT |
2012 | 30% |
2013 | 60% |
2014 | 90% |
2015 | 90% |
2016 | 100% |
2020 | All vehicles must comply with section
2025(g)
|
(2)
If the calculated number of engines required to be brought into compliance with
the percentage limits is not equal to a whole number, the owner shall round up
to a whole number when the fractional part of the required number of engines is
equal to or greater than 0.5, and round down if less than 0.5.
(3) Vehicles in which public funds
contributed to the purchase of the vehicle, repower of the engine, or retrofit
of the engine must not be included when determining compliance with PM BACT,
unless allowed by the funding program guidelines applicable to the particular
source of public funds used for the purchase, nor shall the engine be included
in the total fleet for purposes of determining the percent complying with PM
BACT.
(4) To utilize this option,
fleet owners must comply with the reporting and record keeping requirements of
sections 2025(r) and
2025(s) beginning
January 31, 2012.
(5) Fleets
complying with this option may also use the credits of section
2025(j), the
agricultural provisions of section
2025(m), and the
exemptions, delays, and extensions of sections
2025(p).
(6) Fleets may use the extension based on
unavailability of highest level VDECS of section
2025(p)(9) for
all engine model years.
(j)
Credits for Fleets that have
Downsized, Early PM Retrofits, Hybrid Vehicles, Alternative Fueled Vehicles,
Vehicles with Heavy-Duty Pilot Ignition Engines, and Early Addition of Newer
Vehicles
Fleets can take advantage of credits that reduce the number
of vehicles with a GVWR greater than 26,000 lbs that must meet the PM BACT
requirements in the phase-in option of section
2025(i) as
described in subsections (1) to (3) below. These credits do not apply to school
buses.
(1) Credit for Fleets that have
Downsized
Until January 1, 2016, a fleet that has fewer vehicles with
a GVWR greater than 26,000 lbs operating in the compliance year than in the
2006 baseline fleet may claim a credit towards compliance with the phase-in
option of section
2025(i) for that
year.
(A) The fleet owner may reduce
the percent requirement in Table 3 of section
2025(i) by the
same percent that the fleet was downsized. For example, a fleet that has 20
percent fewer vehicles operating in 2006 would be able to subtract 20 percent
from the annual compliance requirement. That is, if the compliance requirement
for the year is 30 percent, the fleet would only need to demonstrate that 10
percent of the existing fleet (30%-20%=10%) met PM BACT.
(B) A vehicle that is not operated in the
compliance year may be excluded from the existing fleet in determining the
credit if:
1. The vehicle is not driven for
the entire compliance year and
a. Either a
certificate of non-operation has been issued by the DMV or a request for a
non-operation certificate has been filed with DMV prior to the beginning of the
compliance year; or
b. An
equivalent certificate has been issued by another state or a request for such a
certificate has been filed with another state prior to the beginning of the
compliance year; or
c. The vehicle
is not operated for any purpose during the compliance year except to
demonstrate functionality of the vehicle to potential buyers, to move the
vehicle short distances for maintenance, or to a storage facility while
awaiting sale.
(C) The fleet utilizing this provision must
comply with the reporting requirements of section
2025(r)(12) for
low-use vehicles and report information for all vehicles in the 2006 baseline
fleet pursuant to section
2025(r)(13).
(D) For purposes of determining the credit,
all vehicles in the scope and applicability of section
2025(b), except
school buses, must be included in calculating the number of vehicles in the
2006 baseline fleet and in the fleet during the compliance year and all
vehicles exempt from the regulation in section
2025(c) must be
excluded. The number of vehicles calculated at the beginning of the compliance
year will include vehicles that are partially paid for by state funds, all
drayage trucks, and all on-road vehicles that are now subject to the title 13,
section 2449.
(2) A fleet shall receive a credit to treat
another vehicle with a GVWR greater than 26,000 lbs as meeting the PM BACT
requirements of section
2025(i) until
January 1, 2017 as described below in 2025(j)(2)(A) to 2025(j)(2)(C).
(A) Credit for Early PM Retrofit
A credit will be granted for each vehicle, with a GVWR
greater than 14,000 lbs, that is equipped with the highest level VDECS for PM
by July 1, 2011. The fleet may receive a credit for each vehicle for which the
highest level VDECS has been ordered and paid for, or for which at least a 20
percent deposit has been paid, by May 1, 2011 and the VDECS is installed by
October 1, 2011. The fleet owner must meet the reporting requirements of
section 2025(r)(13) by
January 31, 2012 to claim the credit and must meet the record keeping
requirements of 2025(s) to document the VDECS purchase and
installation.
(B) Credit for
Hybrid Vehicles, Alternative Fueled Vehicles, and Vehicles with Heavy-Duty
Pilot Ignition Engines Credit will be granted for each vehicle with a GVWR
greater than 26,000 lbs that is a fuel efficient hybrid vehicle, an alternative
fueled vehicle, or a vehicle powered by a heavy-duty pilot ignition engine that
is added to the fleet before January 1, 2017. The fleet owner must meet the
reporting and record keeping requirements of section
2025(r) and
2025(s) for the
vehicle by January 31 of the compliance year to use the credit. Vehicles with a
GVWR between 14,000 lbs and 26,000 lbs may also earn a credit if added to the
fleet prior to July 1, 2011. Information required by section
2025(r) and the
date the vehicle was added to the fleet must be reported by January 31, 2012.
Record keeping information must be maintained as required by section
2025(s). Any
alternative fueled engine or vehicle powered by a heavy-duty pilot ignition
engine must be counted when determining the number of vehicles in the
fleet.
(C) For the same owner,
excess PM VDECS credits granted in the Off-road regulation (title 13, CCR,
section 2449) may be used in the Truck and
Bus regulation and excess PM VDECS credits granted in the Truck and Bus
regulation may be used in the Off-road regulation until January 1, 2017.
Starting January 1, 2017 no credits may be transferred between the regulations.
1. Excess PM VDECS credits earned in the
Truck and Bus regulation will be determined for each compliance year. The
annual excess PM VDECS credits are determined by counting the number of Level 3
PM VDECS filters and 2007 model year and newer engines that meet PM BACT in the
fleet that exceed the minimum number required to meet the PM BACT percentage of
section 2025(i) without
accounting for the credits specified in sections
2025(j)(2)(A),
2025(j)(2)(B),
and 2025(j)(3). The
number of excess PM VDECS credits cannot exceed the number of Level 3 retrofit
VDECS in the fleet. Excess PM VDECS credits can be used in the Off-Road
regulation according to section (title 13, CCR, section
2449.1(b)).
2. For each compliance year, excess PM VDECS
credits earned in the Off-road regulation may be applied as a credit that would
treat another vehicle with a GVWR greater than 26,000 lbs in the Truck and Bus
regulation section
2025 as compliant in the
compliance year when determining compliance with the phase-in option of section
2025(i).
3. Fleets must meet the reporting
requirements of section
2025(r)(27) to
utilize excess PM VDECS credits.
(3) Credit for Early Addition of Newer
Vehicles
The fleet shall receive credit for the addition of a
vehicle that has a propulsion engine that is equipped with an OEM diesel
particulate filter before January 1, 2012 if the average age of the propulsion
engines in the fleet is newer than it was in 2006. Until January 1, 2017, the
credit can be applied towards meeting the PM BACT requirements of the phase-in
option of section
2025(i).
(A) The credit is a percentage that will be
calculated as 5 times the difference in the average age of the 2006 baseline
fleet and the average age of the fleet in the compliance year, where:
1. The average age of the fleet in 2006 is
calculated as 2007 minus the average of the engine model years in the 2006
baseline fleet.
2. For vehicles
that were in the 2006 baseline fleet and are no longer in the fleet as of
January 1, 2012, the vehicle model year minus 0.5 will be used in lieu of the
engine model year, unless the fleet has documentation demonstrating the engine
model year and engine family.
3.
The fleet owner may retain the credit after 2012 if the fleet average age stays
the same or newer than it was on January 1, 2012, otherwise the credit will be
recalculated.
4. Vehicles that use
the exemption for low-use vehicles of 2025(p)(4) shall be excluded in
determining the credit.
(B) The credit cannot exceed the percentage
of the fleet that has 2007 model year or newer engines that meet PM
BACT.
(C) The credit shall reduce
the PM BACT requirement of the phase-in option in section
2025(i) for the
applicable compliance year.
(D) The
fleet owner must meet the reporting and record keeping requirements of section
2025(r) and (s)
by January 31, 2012.
(4)
Credits specified in sections
2025(j)(1)
through 2025(j)(3) will
not be given for vehicles that were purchased by the fleet or retrofitted to
comply with any other California in-use regulation. Credits will also not be
given for partially state funded vehicle replacements or retrofits according to
the funding program guidelines applicable to the particular source of public
funds used for the purchase. Credits are only valid for as long as the vehicle
for which the compliance action has been taken remains operational in the fleet
or if replaced within 30 days with a vehicle equipped with an engine that meets
PM BACT and is at least one model year newer.
(5) Credits are not transferrable except with
appropriate documentation of a change of business form approved by the
Executive Officer such as sole proprietorship to partnership, partnership to
corporation, mergers or acquisitions of the entire company and fleet of
vehicles, or for changes such as from estate tax or inheritance tax
planning.
(k)
Requirements for School Buses
This subsection applies to diesel-fueled school buses as
defined in section
2025(d)(53) with
a GVWR greater than 14,000 lbs.
(1)
Phase-in Requirements for School Buses
Fleets with school buses manufactured on or after April 1,
1977 must comply with PM BACT as defined in section
2025(d)(48),
pursuant to the schedule set forth in Table 5 below.
Table 5: Compliance Schedule for School
Buses
Compliance Deadline as of
January 1 |
Percent of Fleet Complying
with PM BACT |
2012 | 33% |
2013 | 63% |
2014 | 100% |
(2)
Credit for School Bus Fleets that have Downsized
(A) Until January 1, 2014, a fleet having
fewer school buses on January 1 of the compliance year than it had in the 2006
baseline year may reduce the percent requirement in Table 5 by the same
percentage that the fleet has downsized.
For example, a fleet that is 20 percent smaller than it was
in 2006 would subtract 20 percent from the annual compliance requirement. If
the compliance requirement for the year is 33 percent, the fleet would need to
demonstrate that it had PM filters on the 13 percent of the existing fleet
(33%-20%=13%).
(B) The
credits are not transferrable except with appropriate documentation of a change
of business form such as sole proprietorship to partnership or partnership to
corporation, or for mergers or acquisitions of the entire company and
fleet.
(3) Credits for
Hybrid School Buses, Alternative Fueled School Buses, Electric School Buses,
and School Buses with Pilot Ignition Engines
Fleets with fuel efficient hybrid school buses, alternative
fueled school buses, electric school buses, or school buses with pilot ignition
engines shall receive a credit to treat another school bus in the fleet as
compliant until January 1, 2014. A school bus with a dual-fuel engine is not
eligible. This credit is not available for school buses that were purchased or
retrofitted to comply with any other California in-use regulation. This credit
is not available if state funds were used to partially or totally replace or
retrofit any school bus unless allowed by the guidelines of the program that
funded the bus replacement or retrofit.
(4) Extension of Deadline for Unavailability
of VDECS
If a school bus engine cannot be equipped with the highest
level VDECS for PM the school bus owner must:
(A) Record and submit to the Executive
Officer the information listed in section
2025(k)(4)(B) through
(E) by January 31 of the applicable
compliance year through January 31, 2017. By January 1, 2018, this extension
expires and all school buses using this extension must be replaced with
vehicles that are equipped with a 2010 model year emissions equivalent engine
or with one that complies with the BACT compliance schedule (i.e., a 1998 model
year engine or newer school bus equipped with the highest level VDECS for
PM).
(B) Describe the reasons that
a compliance extension is needed for each engine or engine-vehicle combination
annually.
(C) If during the
warranty period the VDECS would void the engine warranty, provide a statement
from the engine manufacturer, authorized engine dealer, or vehicle dealer that
explains why the warranty would be voided.
(D) If no verified VDECS is commercially
available, provide a list of VDECS manufacturers that have been contacted and
the manufacturers' responses to your requests to purchase a VDECS from
them.
(E) If a verified VDECS is
commercially available, but the VDECS manufacturer or an authorized VDECS
installer does not deem the VDECS to be technologically feasible for the school
bus, provide a statement from the VDECS manufacturer or authorized VDECS
installer.
(5) Low-use
School Buses
(A) School buses operating fewer
than 1,000 miles during any compliance year are exempt from the requirements of
section 2025(k), but
fleet owners must comply with the record keeping requirements of section
2025(s)(3). Such
vehicles must have a properly functioning odometer installed at all
times.
(B) A fleet owner of a
school bus that exceeds 1,000 miles in any compliance year must immediately
count the school bus as part of the fleet, bring the fleet into compliance with
the requirements of section
2025(k) in the
current compliance year, and notify the Executive Officer of the change in
status within 30 days of exceeding the mileage limit.
(6) Any school bus manufactured before April
1, 1977, must be retired from service no later than January 1, 2012.
(7) Title 13, CCR, section
1272(c) requires
that a school bus that has been retrofitted with a VDECS must receive a safety
inspection from an authorized employee of the department of the California
Highway Patrol, prior to its return to service.
(8) School buses that were equipped on or
before December 31, 2005, with a Level 2 VDECS, which was highest level VDECS
at the time of installation, are considered in compliance with PM
BACT.
(9) Section
2025(c)(9)
exempts school buses meeting the definition in section
2025(d)(36) of a
historic vehicle.
(10) Owners of
school buses are subject to the record keeping requirements in section
2025(s)(3).
(11) Owners of school buses are subject to
the applicable requirements of sections
2025(t) through
2025(z).
(12) Owners of school buses have the option
to delay the requirement to meet PM BACT for 1988-1993 model year engine school
buses until January 1, 2014.
(l)
Requirements for Drayage Trucks
and Utility Vehicles
(1) Drayage
trucks that are subject to the Drayage Truck regulation may be included in the
fleet for purposes of determining compliance with the PM BACT requirements of
the phase-in option in section
2025(i) only if
all drayage trucks in the fleet are included.
(2) Starting January 1, 2023, all drayage
truck owners must comply with the requirements of section
2025(e).
(3) Drayage trucks may not be used to earn
additional credits in section
2025(j) or
exemptions and extensions in section
2025(p).
(4) Starting January 1, 2021, all private
utility vehicle owners must comply with the requirements of section
2025(e).
(m)
Requirements for Agricultural
Fleets
Beginning January 1, 2011, agricultural vehicles shall be
exempt from the requirements of sections
2025(f),
2025(g),
2025(h) or
2025(i) if they
meet the definition of an agricultural vehicle and remain below the applicable
annual mileage limits for the period specified. Vehicles meeting the specialty
vehicle definition would have no mileage restrictions. Fleets must comply with
the reporting and record keeping requirements of sections
2025(r) and
2025(s).
(1) Beginning January 1, 2011 through January
1, 2017, any vehicle meeting the definition of an agricultural vehicle, as
defined in section
2025(d)(5), that
remains below the annual mileage limits in Table 6 below are exempt from the
requirements of section
2025(f) and (g).
Table 6: Agricultural Vehicle Annual Mileage
Limits
Engine Model
Year |
Annual Mileage
Limits |
1995 and earlier | 15,000 miles |
1996-2005 | 20,000 miles |
2006 or newer | 25,000 miles |
(2)
Agricultural vehicles that have not exceeded 10,000 miles per year in a
calendar year between January 1, 2011 and January 1, 2017, shall continue to be
exempt from the requirements of 2025(f) and (g) until January 1, 2023, so long
as they do not exceed 10,000 miles in a calendar year.
(3) By January 1, 2017 through, all
agricultural vehicles that have exceeded 10,000 miles in any calendar year
since January 1, 2011, must comply with the best available control technology
(BACT) requirements of section
2025(f) and
(g).
(4) A qualifying agricultural vehicle must be
operational, functional, able to start without assistance, and be able to move
under its own power. Vehicles that are being used for parts do not qualify as
an agricultural vehicle subject to section
2025(m).
(5) Within 30 days of replacing a qualifying
agricultural or specialty agricultural vehicle, the agricultural fleet owner
must report the required information in section
2025(r)(14)(I).
(6) The maximum number of qualifying
agricultural vehicles in a fleet shall be established by the number of
agricultural vehicles in the fleet as of January 1, 2009, as reported in
section 2025(r)(14). This
number shall not increase from one year to the next.
(7) An agricultural vehicle may be replaced
by another vehicle so long as the replacement vehicle is equipped with an
engine that is at least one model year newer than the engine in the vehicle
that it replaced and the original vehicle is scrapped, rendered inoperable,
sold out of the agricultural fleet, or no longer meets the definition of an
agricultural or specialty agricultural vehicle. The replacement vehicle must be
reported within twelve months of the vehicle being replaced or by January 31 of
following compliance year whichever is longer. This requirement does not apply
if just the engine is being replaced and not the entire vehicle.
(8) When a qualifying agricultural vehicle is
replaced, the sum of the miles accrued on the original vehicle in that calendar
year, up to the time of replacement, plus the mileage accrued on the
replacement vehicle for the remainder of the calendar year (beginning with the
date of replacement) must remain below the mileage thresholds based on the
model year of the engine in the replacement vehicle.
(9) A merger of two or more agricultural
fleets may not result in more agricultural vehicles after the merger occurs
than the sum of the agricultural vehicles in the individual agricultural fleets
included in the merger.
(10) The
agricultural vehicle exemptions are not transferrable except with appropriate
documentation of a change of business form approved by the Executive Officer
such as sole proprietorship to partnership, partnership to corporation, mergers
or acquisitions of the entire company and fleet of vehicles, or for changes
such as from estate tax or inheritance tax planning.
(11) Requirements for specialty agricultural
vehicles
(A) Specialty agricultural vehicles,
as defined in section
2025(d)(54), are
exempt from the requirements of sections
2025(f),
2025(g),
2025(h) and
2025(i), until
January 1, 2023.
(B) The Executive
Officer will approve a vehicle as qualifying as a specialty agricultural
vehicle under the following conditions:
1. The
total number of specialty agricultural vehicles operating in the San Joaquin
Valley Air Basin does not exceed 1,100, and
2. The total number of specialty agricultural
vehicles in the state does not exceed 2,200.
(C) If more vehicles are reported than
allowed by the limits, the Executive Officer will randomly approve one vehicle
per eligible fleet until all fleets have one approved vehicle, then randomly
approve another vehicle for the remaining eligible fleets until they all have
one more vehicle approved. Vehicles will continue to be approved in this manner
until the limits have been met. Vehicles reported by March 31, 2010, will be
given priority should the limits identified in section
2025(m)(11)(B)
above be exceeded.
(D) All vehicles
with the body types described in section
2025(d)(54) that
have not been approved must meet the requirements of section
2025(e) or the
agricultural provisions of section
2025(m).
1. In such an instance, the agricultural
fleet operator shall be notified in writing by the Executive Officer that the
reported vehicle is not eligible as a specialty agricultural
vehicle.
(E) A fleet that
replaces an agricultural specialty vehicle will not affect the number of
approved specialty vehicles in the fleet so long as the replacement vehicle
meets the specialty vehicle body type and use requirements.
(12) Optional Phase-in for Log Trucks
Beginning January 1, 2012, fleets with log trucks as
defined in section
2025(d)(39) may
opt to have the log trucks in the fleet comply by meeting all of the
requirements as set forth below in lieu of meeting the requirements in sections
2025(g) or
2025(i) and may
not use a different compliance option for the fleet of log trucks identified as
utilizing this option.
(A) Fleet
owners may phase in 2010 model year emission equivalent engines according to
the compliance schedule shown in Table 7.
(B) If the calculated number of engines
required to be brought into compliance with the percentage limits is not equal
to a whole number, the owner shall round up to a whole number when the
fractional part of the required number of engines is equal to or greater than
0.5, and round down if less than 0.5.
(C) The number of log trucks and qualifying
agricultural vehicles cannot exceed the number of vehicles in the fleet as of
January 1, 2009.
(D) The total
number of qualifying log trucks cannot increase from one year to the
next.
(E) Fleets utilizing the
optional phase-in for log truck provision must comply with the reporting
requirements of section
2025(r) for all
log trucks.
(F) Qualifying log
trucks may not utilize any of the credits of section
2025(j) or any of
the extensions or exemptions of section
2025(p).
(G) The remaining vehicles in the fleet other
than the log trucks using the log truck phase-in option, must comply with the
requirements of section
2025(e).
Table 7: Compliance Schedule for the Log
Truck Phase-in Option
|
Percent of
Total |
Compliance Deadline as
of January 1 |
Fleet with 2010 Model
Year Emissions Equivalent Engines |
2012 | 0% |
2013 | 0% |
2014 | 10% |
2015 | 20% |
2016 | 30% |
2017 | 40% |
2018 | 50% |
2019 | 60% |
2020 | 70% |
2021 | 80% |
2022 | 90% |
2023 | 100% |
(13) Labeling Requirements for Agricultural
Vehicles and Log Trucks
(A) Within 30 days of
the reporting date, fleet owners must permanently affix or paint an
identification label on each vehicle that utilizes the agricultural provision
or the log truck phase-in option of section
2025(m) according
to the following specification:
1. The
letters AG shall be white block lettering on a black background. Both letters
shall be at least three inches high on a five by eight inch
background,
2. The label shall be
located on the left and right door of the vehicle and in clear view at all
times.
(n)
Requirements for Single-Engine
and Two-Engine Sweepers
(1)
Two-engine sweepers with auxiliary engines 50 hp or greater must comply with
section 2025(e). The
propulsion engine is required to meet PM BACT and to upgrade to a 2010 model
year emissions equivalent engine like other vehicles, and the auxiliary engines
must meet PM BACT as follows:
(A) The
auxiliary engine is required to meet PM BACT when the propulsion engine is
first required to meet PM BACT or to be upgraded to a 2010 model year emissions
equivalent. The auxiliary engine is not required to be replaced or upgraded if
it meets PM BACT. The reporting requirements of 2025(r)(17) must be met unless
the fleet complies with the model year schedules of 2025(f) or
2025(g).
(2) Regardless
of fleet size, two-engine sweepers with Tier 0 auxiliary engines, 50 hp or
greater, may not operate more than 450 hours per year starting January 1, 2010
until January 1, 2014 and no more than 100 hours per year thereafter. The fleet
owner must meet the reporting requirements in 2025(r)(17) for sweepers with
Tier 0 auxiliary engines.
(3)
Labeling Requirements for Two-Engine Sweepers with Tier 0 Auxiliary Engines
(A) Within 30 days of the reporting date,
fleet owners must permanently affix or paint an SW identification label on each
two engine sweeper that has a Tier 0 auxiliary engine according to the
following specification:
1. The letters SW
shall be white block lettering on a black background. Both letters shall be at
least three inches high on a five by eight inch background; and
2. The label shall be located on the left and
right door of the vehicle and in clear view at all
times.
(4) For
purposes of determining the downsizing credit of section
2025(j)(1),
fleets with street sweepers may also include all single-engine and two-engine
street sweepers with a GVWR from 14,001 lbs to 26,000 lbs in the 2006 baseline
fleet and in the fleet for the compliance year. To use this option the fleet
must meet the same reporting and record keeping requirements for these lighter
street sweepers as is required for heavier vehicles.
(o)
Requirements for a New Fleet and
Changes in an Existing Fleet
(1)
New Fleet Requirements. Owners of new fleets must meet the
requirements of section
2025(e)
immediately upon purchasing vehicles subject to the regulation or bringing such
vehicles into the State of California for the first time after January 1, 2012.
New fleets meeting the requirements of sections
2025(h) or
2025(i) must
report vehicles subject to the regulation to ARB within 30 days of purchasing
or bringing such vehicles into the State, in accordance with the requirements
in section
2025(r).
(2)
Changes in an Existing
Fleet(A)
Adding Vehicles to
an Existing Fleet. Unless the vehicle is a 2007 model year or newer
engine that meets PM BACT, a fleet may not operate a newly added vehicle or
operate a vehicle that was previously reported as non-operational in
California, unless the fleet as newly constituted complies with the
requirements of section
2025(e) and must
within 30 days of adding the vehicle, file a report with the Executive Officer
that it has added a new vehicle, and demonstrate that the fleet, as newly
constituted, complies with the requirements of section
2025(o)(2)(C)
below. If the vehicle added can comply by meeting PM BACT, the vehicle may be
operated within 30 days of adding the vehicle to the fleet, solely for the
purpose of having the vehicle's exhaust temperature data logged.
(B)
Removing Vehicles from an
Existing Fleet. If an existing fleet owner meets the requirements of
the compliance options other than that of section
2025(f) or
2025(g) when a
vehicle is removed from the fleet, it must file a report with the Executive
Officer that it has removed a vehicle and demonstrate that the fleet, as newly
constituted, will comply with the requirements of section
2025(o)(2)(C)
within 30 days of removal of the vehicle.
(C)
Compliance Requirements for an
Existing Fleet that has Changed
1. A
fleet owner who elects to utilize the phase-in option of section
2025(i) or uses
the extensions, delays, and extensions of section
2025(p) may not
add or remove vehicles that cause the percentage calculated for the fleet to
fall below the percentage required for the previous compliance date.
2. The addition of vehicles with 2007 or
newer model year engines that meet PM BACT need not be reported until the next
compliance date unless;
a. the addition will
cause a fleet to increase its size to greater than three vehicles; or
b. a fleet is utilizing the credit for fleets
that have downsized of section
2025(j)(1).
3. A fleet owner of a vehicle that formerly
qualified for any of the compliance extensions or exemptions granted in section
2025(p) but whose
status has changed so that it no longer meets the applicable definition, must
immediately bring the fleet into compliance with requirements of section
2025(e) for the
immediately preceding compliance date and must notify the Executive Officer of
the change in status within 30 days from the date of the
change.
(p)
Exemptions, Delays, and
Extensions
(1) Vehicles used
Exclusively in NOx Exempt Areas.
This subsection applies to vehicles that are used
exclusively in NOx exempt areas as defined in section
2025(d)(46) when
operating in California. The fleet owner must meet the record keeping
requirements of section
2025(s) and meet
the reporting requirements as specified below.
(A) Any vehicle with a GVWR greater than
14,000 lbs that is used exclusively in NOx exempt areas shall meet PM BACT but
be exempt from meeting the 2010 model year emissions equivalent requirements of
section 2025(f) or
2025(g) if the
vehicle meets PM BACT by the compliance date that the engine would otherwise be
required to be upgraded to a 2010 model year emissions equivalent engine.
1. The fleet owner must report information
about the vehicle to demonstrate the engine has met PM BACT as specified in
section 2025(r) but does
not need to report after the initial reporting, as long as the vehicle
continues to meet the requirements for the exemption, and;
2. The fleet owner must either meet the
electronic tracking and reporting requirements or the vehicle labeling
requirements as specified in section
2025(p)(1)(C).
(B) Until January 1, 2014, vehicles with a
GVWR greater than 26,000 lbs that are used exclusively in NOx exempt areas
shall be exempt from meeting the requirements of section
2025(g),
2025(h) or
2025(i) and must
be brought into compliance with PM BACT from 2014 to 2016 as follows:
1. The fleet of vehicles with a GVWR greater
than 26,000 lbs that operate exclusively in the NOx exempt areas, except for
low-use vehicles, must meet the following phase-in schedule set forth in Table
8 below. Rounding will be done by the same method as described for the phase-in
option of section
2025(i)(2).
Table 8: Compliance Schedule for NOx Exempt
Area Fleets
Compliance Deadline, as of
January 1 |
Percent of Fleet Complying
with PM BACT |
2014 | 33% |
2015 | 66% |
2016 | 100% |
2.
The fleet owner must meet the reporting requirements of section
2025(r) to use
this compliance exemption, and must either meet the electronic tracking and
reporting requirements or meet the vehicle labeling requirements as specified
in section
2025(p)(1)(C) for
any vehicle that uses the exemption.
3. The fleet owner must meet the reporting
requirements of section
2025(r) for all
the vehicles in the fleet.
4. After
the fleet owner reports compliance with PM BACT for every vehicle in the fleet,
reporting is no longer required for the NOx exempt area vehicles.
5. Beginning January 1, 2020, all vehicles
must comply with the requirements of section
2025(g) except
for vehicles that meet the requirements for an exemption as specified in
section 2025(p)(1)(A)
above.
6. Fleet owners may use the
extension of section
2025(p)(9) for
any vehicle that operates exclusively in the NOx exempt areas if the highest
level VDECS is unavailable.
(C) For each compliance year the exemptions
are used, the fleet owner must meet the electronic tracking and reporting
requirements of section
2025(r)(16)(A)2.,
or must label the vehicle by permanently affixing or painting an identification
label on the vehicle according to the following specification:
1. The letters NE shall be white block
lettering on a black background. Both letters shall be at least three inches
high on a five by eight inch background.
2. The label shall be located on the left and
right door of the vehicle and in clear view at all times.
(D) Vehicles that use the NOx exempt areas
exemptions may travel outside of the designated NOx exempt areas only for
repairs or other services to the vehicle. The vehicle owner must obtain a work
order from the facility that describes the service and it must show the date of
the service and the location of the facility.
(2) Extension for Low-Mileage Construction
Trucks
Beginning January 1, 2012, fleets with low-mileage
construction trucks as defined in section
2025(d)(40) may
opt to have a limited number of low-mileage construction trucks in the fleet
comply by meeting all of the requirements as set forth below and do not need to
include such vehicles in meeting the fleet requirements of sections
2025(g) through
(i).
(A) Beginning, January 1, 2012, up to ten
low-mileage construction trucks in the fleet may use the extension. Fleets
electing this option must meet the PM BACT requirements for the qualifying
low-mileage construction trucks pursuant to the schedule set forth in Table 9,
and then comply with the requirements of section
2025(g) starting
January 1, 2020. Rounding will be done by the same method as described for the
phase-in option of section
2025(i)(2).
(B) A one truck owner with a low-mileage
construction truck must meet PM BACT by January 1, 2016.
(C) If fewer than 9,000 trucks use the
extension in 2012, then the Executive Officer will approve additional trucks
for the extension by approving one additional extension per fleet owner in a
series of rounds until 9,000 trucks have been identified as using the
extension. A random selection process will be used to assign extensions that
cannot be distributed equally among fleet owners.
Table 9: Compliance Schedule for Fleets with
Low-Mileage Construction Trucks
Compliance Deadline,
as of January 1 |
Percent of Fleet
Complying with PM BACT |
2014 | 33% |
2015 | 66% |
2016 | 100% |
(D)
Fleets that have low-mileage construction trucks and other vehicles with a GVWR
greater than 26,000 lbs, except low-use vehicles, must demonstrate that the
combined fleet meets the phase-in schedule of Table 9 and, if so, the
low-mileage construction vehicles in the fleet qualifying for the extension
under sections
2025(p)(2)(A) and
(C) above may delay having to comply with PM
BACT until as late as 2016.
(E)
Fleets may use the extension based on unavailability of highest level VDECS of
section 2025(p)(9) for
low-mileage construction trucks.
(F) Fleet owners using this provision must
comply with the reporting and record keeping requirements of sections
2025(r) and (s)
beginning January 31, 2012.
(G) A
low-mileage construction truck that has been approved for the extension may be
replaced by another truck and continue to qualify for the extension if the
replacement truck has a 1996 model year or newer engine, and the miles traveled
after it is placed in service combined with the miles traveled by the original
vehicle stays below the annual mileage threshold. The replacement vehicle must
be placed in service within one year of removing the original vehicle from the
fleet or by the next compliance date, whichever is longer.
(H) Labeling Requirements for Low-Mileage
Construction Trucks
1. By January 31, 2012,
fleet owners must affix or paint an identification label on up to ten
low-mileage construction trucks and within thirty days after notification that
any additional trucks have been approved as follows:
a. The letters CT shall be white block
lettering on a black background. Both letters shall be at least three inches
high on a five by eight inch background.
b. The label shall be located on the left and
right door of the vehicle and be in clear view at all
times.
(I)
Low-mileage construction truck exemptions are not transferable except with
appropriate documentation of a change of business form approved by the
Executive Officer such as sole proprietorship to partnership, partnership to
corporation, mergers or acquisitions of the entire company and fleet of
vehicles, or for changes such as from estate tax or inheritance tax
planning.
(3)
Unique Vehicle Extension -- Until January 1, 2017 the fleet
owner may apply for, and the Executive Officer will grant, a single one year
extension from the requirement to upgrade to a 2010 model year emissions
equivalent engine in section
2025(f) and
2025(g) if by
January 1, 2014, a VDECS was not available for the engine and a used vehicle or
suitable cab and chassis that performs a similar function with a 2010 emissions
equivalent engine is not available 6 months prior to the 2010 emissions
equivalent engine compliance date. For the extension to be considered the fleet
must apply for the extension 4 months prior to the compliance date that the
engine is required to upgrade to a 2010 model year emissions equivalent
engine.
(4)
Exemption for
Low-Use Vehicles.
(A) Low-use
vehicles as defined in section
2025(d)(41) are
exempt from the requirements of section
2025(e) but the
owner must meet reporting and record keeping requirements in accordance with
sections 2025(r)(12) and
2025(s).
1. To be considered a low-use vehicle, the
fleet owner must submit engine operation data from a properly functioning
odometer or hubodometer and non-resettable hour-meter.
2. A vehicle is also considered to be a
low-use vehicle if it is not driven for the entire compliance year and either a
planned non-operation certificate or a certificate of non-operation has been
filed with the DMV or, an equivalent certificate has been filed with another
state prior to the beginning of the compliance year. The vehicle must not be
operated for any other purpose during the compliance year except to demonstrate
functionality of the vehicle to potential buyers, to move the vehicle short
distances for maintenance, or to a storage facility while awaiting
sale.
3. Low-use vehicles need not
be included when determining compliance with the small fleet compliance option
of section
2025(h) or the
phase-in option of section
2025(i).
(B) Vehicles used both as an emergency
support vehicle as defined in section
2025(d)(23), and
for other purposes, do not need to consider the hours of operation or mileage
the vehicle accrues when used for emergency operations in determining whether
the vehicle meets the definition of a low-use vehicle, but the fleet owner must
report information about the emergency hours of operation or mileage as
specified in section
2025(r)(15).
(C) Vehicles that formerly met the low-use
vehicle definition, but whose use increases above the specified limits, must
immediately be brought into compliance as specified in section
2025(o)(2)(C)3.
(5)
Exemption for Vehicles Operating
with a Three Day Pass
(A) Until
January 1, 2021, a fleet owner that obtains a three-day pass for a vehicle will
be allowed to operate one vehicle per calendar year in California without
complying with section
2025(e) for the
specified three-day period per calendar year, provided the information required
in section
2025(r)(19) is
filed with the Executive Officer at least three days prior to the vehicle's
planned use in California.
(B) A
three-day pass must be obtained from the Executive Officer either online,
email, or by fax. Prior to operating within California, the fleet must obtain
written approval from the Executive Officer, which must be carried within the
vehicle. The Executive Officer will make every effort to respond to the request
within three business days from the receipt of the request. The Executive
Officer shall grant the request so long as it is the first request made by the
fleet in the calendar year. If the Executive Officer fails to respond to the
request by the date of the vehicle's planned entry into the state, the vehicle
may operate in California for the requested three-day period, but if the
vehicle's operator fails to present documentation to ARB enforcement personnel,
upon request, that it has filed a request for a three-day pass and qualifies to
operate that specified vehicle in the state, the fleet may be cited and subject
to penalties.
(6)
Exemption for Vehicles Awaiting Sale -- Vehicles in the
possession of dealers, financing companies, or other entities that do not
intend to operate the vehicle in California or offer the vehicle for hire for
operation in California and that are operated only to demonstrate functionality
to potential buyers or to move short distances while awaiting sale for purposes
such as maintenance or storage, are exempt from all requirements in section
2025.
(7)
Exemption for Vehicles Used
Solely on San Nicolas or San Clemente Islands -- Vehicles used solely
on San Nicolas or San Clemente Islands are exempt from all requirements in
section 2025. If the land use plans for
the islands are changed to allow use by the general public of the islands, this
exemption shall no longer be applicable.
(8) Compliance
Extension for
Emissions Control Device Manufacturer Delays -- An owner who has
purchased, or has entered into contractual agreement with the seller for the
purchase, but has not received a VDECS, a replacement engine, or vehicle in
order to comply with this regulation will be excused from immediate compliance
if the VDECS or vehicles have not been received due to manufacturing delays as
long as all the conditions below are met:
(A)
The fleet owner who has purchased, or has entered into contractual agreement
with the seller for the purchase, at least 4 months prior to the required
compliance date, except in the case where a VDECS is ordered to replace a
failed or damaged VDECS, the fleet owner has purchased, or has entered into
contractual agreement with the seller for the purchase of a replacement VDECS
within 60 days of the VDECS failure.
(B) The owner has identified the vehicle to
be equipped with the VDECS or replaced upon receipt of the replacement VDECS or
vehicle.
(C) Proof of purchase,
such as a purchase order, down payment, or signed contract for the sale,
including specifications for each VDECS, must be maintained by the owner and
provided to an agent or employee of ARB upon request.
(D) The new or retrofitted vehicles are
immediately placed into operation upon receipt and any replaced vehicles are
removed from service within 30 days.
(E) Proof of the date that the new or
retrofitted vehicles were placed into service and proof of the date that any
replaced vehicles were removed from service must be maintained by the owner and
provided to an agent or employee of ARB upon request.
(9)
Extension of the PM BACT
Compliance Deadline Based on Unavailability of Highest Level VDECS --
If an engine that is required to meet PM BACT cannot be equipped with the
highest level VDECS for PM, the Executive Officer may grant a one-year
extension of the compliance deadline, which may be extended annually through
January 1, 2017, based on an evaluation of information submitted pursuant to
section 2025(r)(11) that
the engine cannot be equipped with the highest level VDECS for PM provided that
all other engines in the fleet are in compliance with the requirements for the
compliance year. The request must be filed 4 months prior to the compliance
deadline. By January 1, 2018, any vehicle that is not equipped with the highest
level VDECS for PM must be replaced with a vehicle that meets PM BACT. The
extension for unavailability of highest level VDECS applies to the auxiliary
engines in two engine sweepers if the engine that provides motive power must
meet PM BACT. By January 1, 2018, any auxiliary engine in a two engine sweeper
with a GVWR greater than 26,000 lbs that is not equipped with the highest level
VDECS for PM must be replaced with Tier 4 off-road engine or an engine that is
equipped with the highest level VDECS for PM. The extension does not apply for
engines that are required to meet the 2010 model year equivalent
requirements.
(10)
Extension for Meeting PM BACT by 2014. By January 1, 2014, if
every vehicle in the fleet with a GVWR greater than 26,000 lbs is equipped with
either a Level 3 VDECS for PM or a 2007 model year or newer engine that meets
PM BACT, the vehicles shall be exempt from meeting the 2010 model year emission
equivalent engine requirements until January 1, 2023.
(A) Fleet owners must meet reporting
requirements of sections
2025(r) by
January 31, 2014. The fleet will not need to report again after the initial
reporting to retain the extension unless a vehicle or engine is replaced with
one that has a 2006 model year or older engine.
(B) The fleet can retain the exemption if an
engine or vehicle is replaced with another one that is equipped with a Level 3
VDECS or has a 2007 model year or newer engine that meets PM BACT. The fleet
must report the fleet information in accordance with section
2025(o)(2).
(q)
Special Provisions for VDECS and
Experimental Diesel Emission Control Strategies
(1)
VDECS Requirements
(A)
VDECS Installation.
Before installing a VDECS on a vehicle, the owner must ensure that:
1. The VDECS is verified for
use on the engine and vehicle, as described in the Executive Order for the
VDECS.
2. Use of the vehicle is
consistent with the conditions of the Executive Order for the VDECS.
3. The VDECS is installed in a verified
configuration.
4. The engine to be
retrofitted must be in its original certified configuration, free of excess oil
consumption, must not have malfunctioning fuel delivery systems, or any other
mechanical condition that may impair the proper functioning of the
VDECS.
5. The VDECS label will be
visible after installation.
(B)
VDECS Maintenance. If a
fleet owner installs a VDECS to meet the requirements of section
2025(e), the
VDECS must remain installed until the VDECS fails or is damaged or is replaced
with a similar or higher level VDECS. Requirements for VDECS failure or damage
are in section
2025(q)(2). The
owner of a vehicle retrofitted with a VDECS must ensure that the VDECS and
engine are properly maintained as recommended by the respective
manufacturers.
(2)
Failure or Damage of a VDECS. In the event of a failure or
damage of a diesel emission control strategy, the following conditions apply:
(A) Failure or Damage During the Warranty
Period. If a VDECS fails or is damaged within its warranty period, and the
VDECS manufacturer or authorized dealer determines that it cannot be repaired,
the owner must replace the VDECS with the same level or higher level VDECS for
the vehicle within 90 days of the failure.
(B) Failure or Damage Outside of Warranty
Period. If a VDECS fails or is damaged outside of its warranty period and
cannot be repaired, and if the fleet could not meet an applicable target for
the most recent compliance date without the failed VDECS, then within 90 days
of the failure, the owner must replace the failed VDECS with the highest level
VDECS available for the engine at time of failure.
(3)
Fuel-Based Strategy
VDECS(A) If a fleet owner determines
that the highest level VDECS for a large percentage of the fleet would be a
Level 2 fuel verified as a diesel emission control strategy, and implementation
of this VDECS would require installation of a dedicated storage tank, then the
owner shall request prior approval from the Executive Officer to allow use of
the Level 2 fuel-based strategy across its fleet.
(B) Waiver for Discontinuation of Fuel
Verified as a Diesel Emission Control Strategy. If a fleet owner has relied
upon a fuel verified as a diesel emission control strategy to meet an
applicable requirement and has to discontinue use of the fuel due to
circumstances beyond the fleet owner's control, the fleet owner shall apply to
the Executive Officer no later than 30 days after discontinuing use of the fuel
for a compliance waiver of up to two years to provide the fleet owner time to
return to compliance with the applicable requirements. The Executive Officer
shall respond to the request within 30 days and grant the request upon finding
that the application is complete, outlines the compliance strategy to be used,
and that all reporting requirements have been met.
(4)
Use of Experimental Diesel
Emission Control Strategies(A) If a
fleet owner wishes to use an experimental or non-verified diesel emission
control strategy to support the verification of a non-verified diesel emission
control strategy, the owner must first obtain approval from the Executive
Officer for a compliance extension. To obtain approval, the owner must
demonstrate either that (1) a VDECS is not available or not feasible for their
vehicle or application, or (2) that use of the non-verified strategy is needed
to generate data to support verification of the strategy.
1. The application must include the
following: emissions data and a detailed description of the control technology
that demonstrates that the experimental control strategy achieves at least a
Level 2 diesel PM emission reduction, vehicle and engine data, and odometer or
hubodometer readings as described in sections
2025(r)(8),
2025(r)(9), and
2025(r)(12)(B).
2. The Executive Officer will treat the
strategy as a:
a. Level 2 VDECS if the
application demonstrates that the strategy achieves at least 50 percent
reduction in diesel PM.
b. Level 3
VDECS if the application demonstrates that the strategy achieves at least 85
percent reductions in diesel PM.
(B) Upon approval by the Executive Officer,
each vehicle engine retrofitted with the experimental strategy will be allowed
to operate for a specified time period necessary to make a determination that
the experimental strategy can achieve the projected emissions reductions. The
vehicle equipped with the experimental strategy will be considered to be in
compliance under section
2025(f),
2025(g),
2025(h), or
2025(i) during
the specified time period. The fleet owner shall keep documentation of this use
in records as specified by the Executive Officer.
(C) The fleet owner must bring the fleet into
compliance under section
2025(f),
2025(g),
2025(h), or
2025(i) prior to
the expiration of the experimental diesel emission control strategy
extension.
(5)
VDECS That Impairs Safe Operation of Vehicle -- A fleet owner
may request that the Executive Officer find that a VDECS should not be
considered the highest level VDECS available because:
(A) it cannot be safely installed or operated
in a particular vehicle application; or
(B) its use would make compliance with
occupational safety and health requirements, or an ongoing local air district
permit condition impossible.
If a VDECS manufacturer states that there is no safe or
appropriate method of mounting its VDECS on the requesting party's vehicle,
then the VDECS will not be considered safe. In the absence of such a
declaration by the VDECS manufacturer, the requesting party shall provide other
documentation to support its claims.
Documentation may include published reports and other
findings of federal, state or local government agencies, independent testing
laboratories, engine manufacturers, or other equally reliable sources. The
request will only be approved if the requesting party has made a thorough
effort to find a safe method for installing and operating the VDECS, including
various locations for VDECS mounting, and use of an actively regenerated VDECS.
The Executive Officer shall review the documentation submitted and any other
reliable information that he or she wishes to consider and shall make his or
her determination based upon the totality of the evidence.
Upon finding that a VDECS cannot be installed without
violating the safety standards prescribed under title 8, CCR by the California
Department of Industrial Relations, Division of Occupational Safety and Health,
comparable federal or state health and safety laws where the vehicle operates,
or federal highway safety laws, the Executive Officer shall issue a
determination that there is no highest level VDECS available. The Executive
Officer shall inform the requesting party, in writing, of his or her
determination, within 60 days of receipt of the request.
Parties may appeal the Executive Officer's determination as
described in (C) and (D) below. During the appeal process described in (C) and
(D) below, the requesting party may request the administrative law judge to
stay compliance until a final decision is issued. If the stay is granted and
the Executive Officer denies the requesting party's request, the requesting
party has six months from the date of the Executive Officer's final written
decision to bring his or her fleet back into compliance.
(C)
Appeals -- Hearing
Procedures
1. Any party whose
request has been denied may request a hearing for the Executive Officer to
reconsider the action taken by sending a request in writing to the Executive
Officer. A request for hearing shall include, at a minimum, the following:
a. name of the requesting party;
b. copy of the Executive Officer's written
notification of denial;
c. a
concise statement of the issues to be raised, with supporting facts, setting
forth the basis for challenging the denial (conclusory allegations will not
suffice);
d. a brief summary of
evidence in support of the statement of facts required in c. above;
and
e. the signature of an
authorized person requesting the hearing
2. A request for a hearing shall be filed
within 30 days from the date of issuance of the notice of the denial.
3. A hearing requested pursuant to this
subsection shall be heard by a qualified and impartial hearing officer
appointed by the Executive Officer. The hearing officer may be an employee of
the ARB, but may not be any employee who was involved with the denial at issue.
In a request for reconsideration, the hearing officer, after reviewing the
request for hearing and supporting documentation provided under paragraph 1.d.
above, shall grant the request for a hearing if he or she finds that the
request raises a genuine and substantial question of law or fact.
4. If a hearing is granted, the hearing
officer shall schedule and hold, as soon as practicable, a hearing at a time
and place determined by the hearing officer.
5. Upon appointment, the hearing officer
shall establish a hearing file. The file shall consist of the following:
a. the determination issued by the Executive
Officer which is the subject of the request for hearing;
b. the request for hearing and the supporting
documents that are submitted with it;
c. all documents relating to and relied upon
by the Executive Officer in making the initial determination to deny the
requesting party's original claim; and
d. correspondence and other documents
material to the hearing.
6. The hearing file shall be available for
inspection by the applicant at the office of the hearing officer.
7. An applicant may appear in person or be
represented by counsel or by any other duly-authorized
representative.
8. The ARB may be
represented by staff or counsel familiar with the regulation and may present
rebuttal evidence.
9. Technical
rules of evidence shall not apply to the hearing, except that relevant evidence
may be admitted and given probative effect only if it is the kind of evidence
upon which reasonable persons are accustomed to relying in the conduct of
serious affairs. No action shall be overturned based solely on hearsay
evidence, unless the hearsay evidence would be admissible in a court of law
under a legally recognized exception to the hearsay rule.
10. Declarations may be used upon stipulation
by the parties.
11. The hearing
shall be recorded either electronically or by a certified shorthand
reporter.
12. The hearing officer
shall consider the totality of the circumstances of the denial, including but
not limited to, credibility of witnesses, authenticity and reliability of
documents, and qualifications of experts. The hearing officer may also consider
relevant past conduct of the applicant including any prior incidents involving
other ARB programs.
13. The hearing
officer's written decision shall set forth findings of fact and conclusions of
law as necessary.
14. Within 30
days of the conclusion of a hearing, the hearing officer shall submit a written
proposed decision, including proposed finding as well as a copy of any material
submitted by the hearing participants as part of that hearing and relied on by
the hearing officer, to the Executive Officer. The hearing officer may
recommend to the Executive Officer any of the following:
a. uphold the denial as issued;
b. modify the denial; or
c. overturn the denial in its
entirety.
15. The
Executive Officer shall render a final written decision within 60 working days
of the last day of hearing. The Executive Officer may do any of the following
based on substantial evidence in the record:
a. adopt the hearing officer's proposed
decision;
b. modify the hearing
officer's proposed decision; or
c.
render a decision without regard to the hearing officer's proposed
decision.
(D)
Appeals -- Hearing Conducted by Written Submission
In lieu of the hearing procedure set forth in (C) above, an
applicant may request that the hearing be conducted solely by written
submission. In such case the requestor must submit a written explanation of the
basis for the appeal and provide supporting documents within 20 days of making
the request. Subsequent to such a submission the following shall
transpire:
1. ARB staff shall submit a
written response to the requestor's submission and documents in support of the
Executive Officer's action no later than 10 days after receipt of the
requestor's submission;
2. The
applicant may submit one rebuttal statement which may include supporting
information, as attachment(s), but limited to the issues previously
raised;
3. If the applicant submits
a rebuttal, ARB staff may submit one rebuttal statement which may include
supporting information, as attachment(s), but limited to the issues previously
raised; and
4. The hearing officer
shall be designated in the same manner as set forth in section
2025(q)(5)(C)(3)
above. The hearing officer shall receive all statements and documents and
submit a proposed written decision and such other documents as described in
section 2025(q)(5)(C)(13)
above to the Executive Officer no later than 30 working days after the final
deadline for submission of papers. The Executive Officer's final decision shall
be mailed to the applicant no later than 60 days after the final deadline for
submission of papers.
5. The
Executive Officer shall render a final written decision within 60 working days
of the last day of hearing. The Executive Officer may do any of the following:
a. adopt the hearing officer's proposed
decision;
b. modify the hearing
officer's proposed decision; or
c.
render a decision without regard to the hearing officer's proposed
decision.
(r)
Reporting Requirements
(1) The owner of a fleet is subject to
reporting requirements for the vehicles in the fleet as defined in section
2025(d)(28) if
the owner has elected to utilize the compliance options of section
2025(f)(4),
2025(g)(3),
2025(g)(4),
2025(h),
2025(i), the
credits of section
2025(j), the
agricultural provisions of section
2025(m), the
single-engine and two-engine street sweeper provisions of section
2025(n), the
extension or exemptions for vehicles used exclusively in NOx exempt areas of
section 2025(p)(1), or
the extension for low-mileage construction trucks of section
2025(p)(2). Fleet
owners that use the credit for fleets that have downsized provided in section
2025(j)(1) and
the credit for the early addition of newer vehicles provided in section
2025(j)(3) must
report information for all vehicles under common ownership or control with a
GVWR greater than 26,000 lbs in the 2006 baseline fleet and in the fleet for
each compliance year. Except as required in section
2025(k)(4),
school buses are not required to comply with the reporting
requirements.
(2) All fleet owners
utilizing any of the credits in section
2025(j) or any of
the exemptions, delays, or extensions in section
2025(p) must
report according to the requirements of section
2025(r) and
maintain records according to section
2025(s) for all
of the vehicles in the fleet as defined in section
2025(d)(28).
(3) The owner of a fleet that complies by
using the compliance schedule by engine model year set forth in sections
2025(f) and
2025(g) and also
utilizes the low-use vehicle provision of section
2025(p)(4) is
only required to meet the reporting requirements of section
2025(r) for the
low-use vehicles meeting the definition in section
2025(d)(41).
(4) Fleet owners may submit reporting
information using forms (paper or electronic) approved by the Executive
Officer.
(5) The fleet owner must
notify the Executive Officer in writing by the first applicable reporting date
and by January 31 of every subsequent compliance year, if applicable, with the
name of the responsible official and the location where the records will be
kept, and whether any information has changed since its last reporting. Whether
the records will be kept inside or outside California, the owner must also
comply with section
2025(t).
(6) Each year, fleet owners subject to the
reporting requirement must report on their fleet as it was on the compliance
date of the current compliance year. The fleet owner must submit the applicable
information set forth in sections
2025(r)(5) through
(10) by January 31 of each compliance year.
Owners must report annually until the year after all of the requirements of
section 2025(f),
2025(g),
2025(h), and
2025(i), as
applicable to the fleet, have been completely met.
(7)
Owner Contact
Information: Compliance reports must include the following
information:
(A) Fleet owner's name;
(B) Name of company or agency;
(C) Motor carrier identification
number;
(D) Corporate parent name
(if applicable);
(E) Corporate
parent taxpayer identification number (if applicable);
(F) Company taxpayer identification
number;
(G) Street address and
mailing address;
(H) Name of
responsible person;
(I) Title of
responsible person;
(J) Contact
name;
(K) Contact telephone
number;
(L) Contact email address
(if available); and
(M) License
number issued by the Public Utilities Commission (if
applicable).
(8)
Vehicle Information
Fleet owners must provide to the Executive Officer a list
of all vehicles subject to the reporting requirements along with the
information listed in (A) through (S) below for each vehicle:
(A) Vehicle identification number;
(B) Vehicle manufacturer;
(C) Vehicle model;
(D) Gross vehicle weight rating;
(E) Vehicle model year;
(F) License plate number;
(G) The state, province, or country where the
vehicle is or was registered and type of registration plate;
(H) Vehicle type, including whether the
vehicle is a school bus, agricultural vehicle, log truck, truck-tractor,
two-engine sweeper, low-mileage construction truck or yard truck;
(I) If the vehicle was added to the fleet
prior to January 1, 2012, the fleet owner may enter "January 1, 2012;
(J) Date that a vehicle was retired, sold, or
scrapped after January 1, 2012;
(K)
Whether the vehicle will be designated as a low-use vehicle as defined in
section 2025(d)(41);
(L) Whether the vehicle has been certified as
non-operational with the California Department of Motor Vehicles or equivalent
documentation from the state, province, or country where the vehicle is
registered and whether the vehicle will not operate in California.
(M) Whether the vehicle is a fuel efficient
hybrid vehicle as defined in section
2025(d)(31);
(N) Whether the vehicle is propelled by an
alternative-fueled engine as defined in section
2025(d)(8);
(O) Whether the vehicle will use the
extension or exemptions for vehicles used exclusively in NOx Exempt Areas in
section 2025(p)(1);
(P) Whether the fleetsize is more than three
vehicles subject to the regulation with a GVWR greater than 14,000
lbs;
(Q) Whether the vehicle is a
log truck utilizing the optional phase-in for Log Trucks provision in section
2025(m)(12);
(R) Whether the vehicle is a low-mileage
construction truck that will use the extension for low-mileage construction
trucks specified in section
2025(p)(2);
and
(S) Whether the vehicle was
partially paid for with public funds, and if so, the information about the
funding contract specified in section
2025(r)(18).
(9)
Engine Information
Reporting
Except as provided in section
2025(r)(13)(A)
and 2025(r)(19)
below, the following information for each engine that propels a vehicle
reported per section
2025(r)(8) and
for each sweeper engine that operates auxiliary equipment must be reported to
the Executive Officer:
(A) Engine
manufacturer;
(B) Engine
model;
(C) Engine family for all
1974 model year and newer engines;
(D) Fuel type;
(E) Engine model year;
(F) Whether the engine meets an on-road or
off-road emissions standard;
(G)
Whether the engine is used to propel the vehicle or to operate auxiliary
equipment;
(H) The emissions
standard to which the engine was certified if lower than required for the
engine model year; and
(I) Whether
the engine was partially paid for with public funds, and if so, the information
about the funding contract specified in section
2025(r)(18).
(10)
Verified Diesel Emission Control
Strategies Reporting
Except as provided in section
2025(r)(13)(A)
below, for each VDECS that is installed on an engine listed per section
2025(r)(9), the
fleet owner must report the following information to the Executive
Officer:
(A) Description of VDECS
installed;
(B) VDECS family
name;
(C) Serial number, or
experimental part number, or aftermarket part number;
(D) Date installed;
(E) If claiming early PM retrofit credits of
section 2025(j)(2)(A) and
the VDECS is installed between July 1, 2011 and October 1, 2011, the fleet
owner must attest to having records to document the purchase agreement and down
payment for the VDECS by May 1, 2011;
(F) Whether the VDECS was partially paid for
with public funds and the information in 2025(r)(18) if partially paid for with
public funds; and
(G) Whether the
VDECS was installed on the engine to comply with another California in-use
regulation.
(11)
Reporting for Extension for Unavailability of Highest Level
VDECS
If appropriate, the following information must be submitted
to the Executive Officer with a request for an extension based on the
unavailability of highest level VDECS:
(A) Owner contact information, vehicle, and
engine information listed in sections
2025(r)(7),
2025(r)(8), and
2025(r)(9);
(B) Description of the reason for the
compliance extension request for each engine or engine-vehicle
combination;
(C) If the VDECS would
void the engine warranty, provide a statement from the engine manufacturer or
authorized engine or vehicle dealer;
(D) If a verified VDECS is commercially
available for the engine family, provide a list of manufacturers and installers
that have been contacted and the response to a request to purchase;
and
(E) Documentation must be
submitted with the initial request and must be reported annually on January 31
following the compliance deadline for each year that the owner is claiming
non-availability of the highest VDECS.
(12)
Low-Use Vehicle
Reporting
For vehicles that are designated as low-use, the fleet
owner must report the following information to the Executive Officer annually
for as long as the fleet owns or operates the vehicle:
(A) Owner, vehicle, and engine information
identified in sections
2025(r)(5)
through 2025(r)(9);
(B) Mileage readings from a properly
functioning odometer or hubodometer taken on January 1 and December 31 of the
compliance year. A hubodometer may be used in lieu of the odometer;
(C) If the vehicle uses engine power as
specified in 2025(d)(41), hour-meter readings from a properly functioning
non-resettable hour-meter taken on January 1 and December 31 of the compliance
year;
(D) The dates and readings of
the odometer and non-resettable hour-meter readings. In the event that the
odometer is replaced, the original odometer reading and the new odometer
reading and the date of replacement must be reported within 30 days the
original odometer failed. In the event that the odometer or hubodometer is
removed, the reading and date it is removed and the reading of the replacement
and the date it is placed in service. If hubodometers are used, the fleet owner
must report the serial numbers;
(E)
Upon request of an agent or employee of the ARB, the owner of a vehicle
operating both inside and outside of California must provide records from a
electronic tracking system as defined in section
2025(d)(21) that
can acquire date, time, engine-on, and location data. The owner may use other
documentation of vehicle operation and location, such as IRP records;
(F) Whether the vehicle is used as an
emergency support vehicle as defined in section
2025(d)(23); and,
if so, the fleet owner must report the information in section
2025(r)(15);
and
(G) Whether a planned
non-operation certificate has been filed with the DMV or, an equivalent
certificate has been filed with another state prior to the beginning of the
compliance year, and whether the vehicle will not be operated in the compliance
year.
(13)
Credit
for Fleets that have Downsized or Added Newer Vehicles Early Reporting
Fleets owners claiming credits under section
2025(j) must
report the following:
(A) Fleet owners
claiming credit for downsizing must report the following:
1. For the vehicles in the 2006 baseline
fleet, vehicle information specified in section
2025(r)(8)(A) to
2025(r)(8)(G),
and if the vehicle was not registered with the California Department of Motor
Vehicles, identify the type of records that are being kept to document proof
that the vehicles drove at least 1,000 miles in California in the year 2006.
Fleets that include street sweepers with a GVWR from 14,001 to 26,000 lbs for
determining the credit, must identify that the vehicle is a street
sweeper.
2. For the compliance
year, whether the fleet has drayage trucks, on-road vehicles subject to the
off-road in-use vehicle regulation, and information about how many are
currently in the fleet. Fleets that include street sweepers with a GVWR from
14,001 to 26,000 lbs for determining the credit, must identify that the vehicle
is a street sweeper.
(B)
For the 2006 baseline fleet, a fleet owner that claims credits for adding
cleaner vehicles as specified in section
2025(j)(3) must
report the vehicle information in section
2025(r)(13)(A)
above and the engine model year, and engine family for all the vehicles in the
fleet as of January 1, 2012. The fleet owner has the option to report the
engine information for vehicles that are no longer in the fleet if the fleet
owner has records to document the engine model year and engine
family.
(14)
Agricultural Fleet Reporting
Until January 1, 2023, fleet owners that reported as of
April 29, 2011, and qualified for the provisions of section
2025(m), must
continue to report the following information to the Executive Officer no later
than January 31 of every year:
(A) For
vehicles in the existing fleet, the information required in sections
2025(r)(5)
through 2025(r)(9); for
vehicles that were in the fleet on January 1, 2009, but are no longer part of
the existing fleet, only the vehicle information in section
2025(r)(8) (A) to
(G) is required;
(B) Whether the vehicle is a specialty
agricultural vehicle or a log truck;
(C) Whether the vehicle is being added or
removed from the fleet and the date that the vehicle is added or
removed;
(D) The vehicle body type
if one of the body types described in the definition of specialty agricultural
vehicle in section
2025(d)(54);
(E) If eligible to be considered for the
specialty vehicle exemption, the priority status of the vehicle in case not all
specialty vehicles in the fleet can be approved;
(F) Whether the specialty vehicle will
operate exclusively outside the San Joaquin Valley Air Basin;
(G) Whether the vehicle is operated for
compensation outside a farming business owner's farm;
(H) Except for specialty agricultural
vehicles, mileage from a properly functioning odometer taken on January 1, 2011
and every January 1 thereafter. In the event that the odometer is replaced, the
fleet owner shall report the original odometer reading, the new odometer
reading, and the date the original odometer was replaced. If a hubodometer is
used in lieu of the odometer, the fleet owner must also report the serial
number for each hubodometer used or replaced; and
(I) For an agricultural vehicle being
replaced, the owner, vehicle, and engine information set forth in sections
2025(r)(5)
through 2025(r)(9), the
mileage of both the vehicle being replaced and added, and the date the mileage
readings were taken.
(15)
Vehicles used as emergency support vehicles in emergency
operations
A fleet owner must provide the following information to the
Executive Officer to qualify a vehicle's usage as emergency operation:
(A) Owner, vehicle, and engine information
identified in sections
2025(r)(5)
through 2025(r)(9);
(B) Odometer readings from a properly
functioning odometer to document use at an emergency event and to document
travel to and from the emergency event. In the event that the odometer is
replaced, the fleet owner shall report the original odometer reading and the
new odometer reading and the date that the original odometer was replaced. If a
hubodometer is used in lieu of an odometer, the fleet owner must also report
the serial number for each hubodometer used or replaced. Vehicles used
exclusively for emergency use that are not authorized emergency vehicles do not
need to have an hour meter and do not need to report hours. Authorized
emergency vehicles are exempt per section
2025(c);
and
(C) Records to document
dispatch by the local, state, or federal agency or other responsible emergency
management entity as approved by the Executive Officer.
(16)
Reporting of Vehicles Utilizing
the Exemptions, Delays, and Extensions Provision
Unless stated otherwise in section
2025(p), fleet
owners utilizing the exemptions, delays, and extensions provision of section
2025(p) must
provide the following information to the Executive Officer by January 31,
2012:
(A) Vehicles Operating
Exclusively in NOx-exempt areas
The owner must provide the following information to the
Executive Officer by January 31 of each compliance year to demonstrate
compliance with the requirements of section
2025(p)(1):
1. Owner, vehicle, engine information, and
VDECS listed in sections
2025(r)(5)
through 2025(r)(10);
2. For vehicles that are not labeled, records
from an electronic tracking system that tracks usage and location in a monthly
report format approved by ARB. The system must at a minimum meet the
requirements as defined in section
2025(d)(21) and
provide the information listed therein; and
3. Whether the vehicle is labeled as
specified in section
2025(p)(1)(C).
(B) Unique Vehicle Extension.
The owner must provide the following information to the
Executive Officer by January 31 of each compliance year to demonstrate
compliance with the requirements of section
2025(p)(3):
1. Owner, vehicle, and engine information
listed in sections
2025(r)(5)
through 2025(r)(9).
2. Photos and a complete description of the
vehicle and its function.
3. A
complete explanation of why the vehicle qualifies as a unique
vehicle.
4. Names and phone numbers
of sources contacted during the search for a replacement vehicle.
5. Letters from contacted VDECS vendors
stating that retrofit technology is unavailable for the unique
vehicle.
(17)
Two-Engine Sweepers
The owner must provide the following information for both
the propulsion and auxiliary engine to the Executive Officer by March 31, 2010,
and January 1 of subsequent compliance years to demonstrate compliance with the
requirements of section
2025(n):
(A) Owner, vehicle, and engine information
listed in sections
2025(r)(5)
through 2025(r)(10);
(B) Engine tier level of the auxiliary
engine, model year, and engine family number; and
(C) For Tier 0 auxiliary engines, the hours
of use readings taken January 1 and December 31 of each year starting
2010.
(18)
Vehicles Purchased, Repowered, or Retrofitted Using Public
Funds
For owners of vehicles that were purchased, repowered or
retrofitted using public funds and where funding program guidelines include
criteria which limit funding projects from receiving regulatory benefit or
credit, the fleet owner must provide the following information to the Executive
Officer for all vehicles that were purchased or retrofitted using public
funds:
(A) Owner, vehicle, and engine
information listed in sections
2025(r)(5)
through 2025(r)(10);
(B) Date the public funding contract
began;
(C) Date the contractor
emissions surplus contract period ends or ended;
(D) Program providing the funding;
and
(E) Information about the
contract terms to determine eligibility.
(19)
Claiming a Three Day
Pass
Information listed in sections
2025(r)(7) and
2025(r)(8) (A) to
(G) must be provided for the vehicle subject
to the three-day pass request and the date for which the three-day period would
begin.
(20)
Compliance Certification. All reports submitted to ARB, must
be accompanied with a certification signed by a responsible official or a
designee thereof that the information reported is accurate and that the fleet
is in compliance with the regulation. If a designee signs the compliance
certification, a written statement signed by the responsible official
designating the designee must be attached to the compliance certification and
submitted to the Executive Officer.
(21)
Changes Since Last
Reporting -- The fleet owner or responsible person must report to the
Executive Officer any additions, removals, or changes to the fleet since the
last annual report filed. Such changes shall include, among other things,
changes in the fleet's compliance option, vehicles removed from the fleet,
vehicles added to the fleet through purchase or by bringing into California,
and vehicles newly defined as low-use, or recently repowered or retrofitted. If
there are no changes, the fleet owner shall indicate there have been no
changes.
(22)
New Fleet
Reporting. New fleets that elect to utilize the phase-in options of
section 2025(i) or
2025(h) must
submit the information in sections
2025(r)(5)
through 2025(r)(9) to the
Executive Officer within 30 days of purchasing or bringing such vehicles into
the State. Beginning the first January 1 that is more than 30 days after the
date of purchase or bringing a vehicle into the State, new fleets must comply
with the reporting requirements in section
2025(r).
(23)
Claiming Compliance Extension
for Manufacturer Delays
The fleet owner must report the following information to
the Executive Officer by January 31, each year to demonstrate compliance with
the requirements of section
2025(p)(8):
(A) The date of purchase or the date the
contractual agreement for purchase of VDECS, replacement engine, or vehicle was
entered;
(B) The date the VDECS or
vehicle was placed into service;
(C) The date the existing vehicle was removed
from service; and
(D)
Identification of the vehicle that was replaced.
(24)
Reporting for a Compliance
Extension for Fleets that Meet PM BACT per section
2025(f) or
2025(g) prior to
January 1, 2014
For fleets complying using the compliance option of section
2025(f) or 2025(g), the fleet owner must provide the following
information about the vehicles that meet PM BACT prior to January 1,
2014:
(A) Owner, vehicle and engine
information listed in sections
2025(r)(5)
through 2025(r)(9).
(B) Information listed in section
2025(r)(10) for
the VDECS.
(25)
Reporting for Small Fleets
For fleets complying using the phase-in option for small
fleets of section
2025(h), the
fleet owner must provide the following information about all vehicles in the
fleet;
(A) Owner information listed in
sections 2025(r)(5) through
(7); and
(B) Until January 31, 2014, the vehicle
information listed in sections
2025(r)(8) (A) through
(J) and starting January 31, 2014, all the
information listed in sections
2025(r)(8)
through 2025(r)(10).
(26)
Reporting for Fleets Using
Excess PM VDECS Credits
For fleets claiming excess PM VDECS credits of section
2025(j)(2)(C),
the fleet owner must provide the following information about the vehicles prior
to January 1 of the compliance year in which they want to apply it:
(A) Owner, vehicle and engine information
listed in sections
2025(r)(5)
through 2025(r)(9) for
the vehicle that was retrofit;
(B)
Information listed in section
2025(r)(10) for
the VDECS; and
(C) The fleet
registration identification number for the Off-Road regulation, title 13, CCR,
section 2449, known as the diesel off-road
online reporting system, or DOORS ID number.
(s)
Record Keeping
(1) The owner of a fleet shall maintain the
following records specified in sections
2025(s)(3)
through 2025(s)(16) as
applicable. The owner shall provide these records to an agent or employee of
the ARB within five business days upon request. If the records will be kept
outside California, the owner must also comply with section
2025(t).
(2) The owner of a fleet subject to the
reporting requirements of section
2025(r) shall
maintain copies of the information reported under section
2025(r), as well
as the records described in sections
2025(s)(3)
through 2025(s)(18)
below.
(3)
School
Buses
(A) Fleet owners of school
buses shall maintain records of all the information listed in sections
2025(r)(7)
through 2025(r)(10).
(B) Fleet owners using the downsize credits
of section
2025(k)(2) must
maintain records of all the information listed in sections
2025(r)(7)
through 2025(r)(10) for
all school buses in the 2006 baseline fleet and for all school buses in the
fleet on January 1 of the compliance year that were registered. Fleet owners do
not have to have to keep engine and VDECS information that is required under
sections 2025(r)(9) and
2025(r)(10) for
school buses registered on October 1, 2006 that are no longer in the
fleet.
(C) Fleet owners with
low-use buses must maintain records of all the information listed in section
2025(r)(12) for
each low-use bus.
(D) Fleet owners
must comply with record keeping requirements for VDECS failures and maintenance
as required in sections
2025(s)(10) and
2025(s)(14).
(4)
Motor Carrier or Broker
(A) Bills of lading and other documentation
identifying the motor carrier or broker who hired or dispatched the vehicle and
the vehicle dispatched.
(5)
Agricultural Fleets
(A) Fleets utilizing the agricultural fleet
provision must keep and make available upon request proof that all agricultural
vehicles were used exclusively in agricultural operations. This may include
records used to support proof to other governmental agencies that the primary
business function was agricultural. Such documentation may include IRS or Board
of Equalization tax forms or bills of lading.
(B) Records must be maintained for each
agricultural vehicle demonstrating that the vehicle was operational, functional
and capable of performing the duty for which it was designed. This could
include maintenance records, mileage records, or licensing records, emissions
testing records, or any other source of data approved by the Executive
Officer.
(C) The agricultural fleet
owner must keep bills of lading for delivery of fertilizer or crop protection
products by an agricultural vehicle to a farm. Such records must demonstrate
that the operation of the vehicle for the preceding calendar year was used
exclusively to deliver such products to farms.
(D) Proof of transference of ownership of any
qualifying agricultural vehicle that is added to or removed from the
fleet.
(E) Proof of ownership of
the vehicles including title, registration, or bills of
sale.
(6)
Proof
of Operation -- Owners of fleets must keep records showing that any
vehicle used to demonstrate compliance using the phase-in options of section
2025(h) and
section 2025(i) was
operated in California for that applicable compliance year. Records could
include IRP records, GPS tracking records, or DMV or law enforcement
permits.
(7)
Fleets that
have Downsized or have Added Newer Engines Early -- Fleets utilizing
the credit for fleets that have downsized of section
2025(j)(1) or the
credit for the early addition of newer engines of section
2025(j)(3) must
keep the following records at the business office or terminal location
identified in the reports filed with the Executive Officer:
(A) For all vehicles in the fleet on October
1, 2006; a,
1. Copy of the vehicle's
registration; or
2. Copy of the
vehicle's ownership documentation; and
3. Copy of documentation of the engine model
year and engine family (only if reported for claiming credit for the early
addition of newer vehicles); and
4.
If not registered with the California Department of Motor Vehicles, proof that
the vehicles in the fleet drove at least 1,000 miles in California in the year
2006.
(B) For all
vehicles in the fleet on January 1 of the compliance year:
1. A copy of the certificate of non-operation
filed with the Department of Motor Vehicles or equivalent documentation from
the state, province, or country where the vehicle is registered; and
2. If scrapped in the previous year, a copy
of a non-repairable vehicle certificate issued from the California Department
of Motor Vehicles or equivalent documentation from the state, province, or
country where the vehicle is registered.
(8)
Changes Since the Last Reporting
Period(A) For fleets complying using
any of the compliance options other than section
2025(f) or
2025(g), must
keep documentation of any additions, deletions, or changes to the fleet since
the last reporting. Documentation may include bills of sale, purchase orders,
maintenance records, registration information, or other
documentation.
(B) For each vehicle
removed from the fleet, a copy of the bill of sale, or other documentation
showing transference of ownership from the former owner and the current owner
and the date of the transaction or any other form of vehicle transference
approved by the Executive Officer.
(9)
Electronic Tracking --
For fleets using electronic tracking systems as defined in section
2025(d)(21)
summary and detailed records must be kept at the business office or terminal
location for the fleet. The records must provide;
(A) Vehicle identification number of the
vehicle being tracked;
(B) Monthly
and annual mileage accrued in California;
(C) Monthly and annual mileage accrued in the
NOx Exempt Areas if claiming the vehicle operates exclusively in NOx-exempt
areas, and
(D) Monthly and annual
hours of engine operation accrued in California except for vehicles that do not
use PTO to perform work in a stationary mode.
(10)
VDECS Failure --
Maintain records of any VDECS failure and replacement including:
(A) Date of failure;
(B) Description of failure;
(C) Description of resolution of
failure;
(D) Date of resolution of
failure;
(E) Past VDECS maintenance
records; and
(F) Past engine
maintenance records.
(11)
Fuel-based Strategy -- Documentation of any approval from ARB
Executive Officer to use a fuel strategy as in section
2025(q)(3) and
the most recent two years' worth of records of purchase that demonstrate
usage.
(12)
Experimental
Diesel Emission Control Strategy -- For fleets using an experimental
diesel PM control strategy, record of approval from the Executive Officer for
use of the experimental diesel control strategy, the test plan and test data
used in the experimental diesel control strategy application, and other records
as specified in the approval.
(13)
Manufacturer Delay -- For any vehicle or VDECS for which the
fleet owner is utilizing the equipment manufacturer delay provision in section
2025(p)(8), proof
of purchase, such as a purchase order or signed contract for the sale,
including engine specifications for each applicable piece of equipment or
vehicle.
(14)
Maintenance
of VDECS Records
(A) VDECS
Documentation. For each engine requiring a VDECS to comply with the regulation,
the owner shall keep the following documentation in the vehicle and provide it
upon request to an agent or employee of the ARB;
1. A statement signed by the installer at the
time of installation of the VDECS affirming that the installation was performed
by an installer authorized by the VDECS manufacturer;
2. The name of the company installing the
device;
3. The date the device was
installed;
4. Description of VDECS
installed;
5. VDECS family
name;
6. Serial number of installed
VDECS; and
7. Verification level
and year of verification of the installed VDECS.
(15)
Emergency Support
Vehicles -- Fleet owners of emergency support vehicles utilizing the
provisions of section
2025(p)(1),
2025(p)(2) or
2025(p)(4) shall
keep records to document dispatch by a local, state, or federal agency or other
responsible emergency management entity as approved by the Executive
Officer.
(16)
Low-use
Vehicles -- Fleet owners of low-use vehicles that exceed 1,000 miles
per year shall;
(A) Keep records of
electronic tracking pursuant to section
2025(s)(9),
(B) Keep records of dates and the odometer
readings when the vehicle leaves and returns to California to demonstrate that
no more than 1,000 miles per year was driven in California.
(17)
Early PM Retrofit
Credits -- Fleets that are claiming credit for early PM retrofits
shall maintain records with the below information;
(A) The bill of sale with date of purchase or
order.
(B) The total amount of the
purchase and the amount of down payment if not fully paid at the time of
purchase.
(C) Work order or
equivalent with the completion date.
(t)
Audit of Records
The vehicle owner must make records available to ARB at its
request for audit to verify the accuracy of the records. In the event the
records are not made available within 30 days of the request, the ARB may
assess penalties for non-compliance.
(u)
Record Retention
The fleet owner or responsible person shall maintain the
records for each vehicle subject to the reporting and record keeping
requirements of sections
2025(r) and (s)
for 3 years after it is retired, and for the overall fleet, for as long as the
owner has a fleet, or January 1, 2025, whichever is earlier. If fleet ownership
is transferred, the seller shall transfer the fleet records to the buyer.
Dealers must maintain records of the disclosure of regulation applicability
required by section
2025(w) for three
years after the sale.
(v)
Right of Entry
For the purpose of inspecting vehicles subject to this
regulation and their records to determine compliance with this regulation, an
agent or employee of ARB, upon presentation of proper credentials, has the
right to enter any facility (with any necessary safety clearances) where
vehicles are located or vehicle records are kept.
(w)
Disclosure of Regulation
Applicability
Any person residing in California selling a vehicle with an
engine subject to this regulation must provide the following disclosure in
writing to the buyer on the bill of sale, sales contract addendum, or invoice,
"An on-road heavy-duty diesel or alternative-diesel vehicle operated in
California may be subject to the California Air Resources Board Regulation to
Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use
Heavy-Duty Diesel Vehicles. It therefore could be subject to exhaust retrofit
or accelerated turnover requirements to reduce emissions of air pollutants. For
more information, please visit the California Air Resources Board website at
http://www.arb.ca.gov/dieseltruck."
(x)
Compliance Requirement
(1) The vehicle owner shall comply with all
applicable requirements and compliance schedules set forth in this
regulation.
(2) Any in-state or
out-of-state motor carrier, California broker, or any California resident who
operates or directs the operation of any vehicle subject to this regulation
shall verify that each hired or dispatched vehicle is in compliance with the
regulation and comply with the record keeping requirements of section
2025(s)(4).
(3) Compliance may be accomplished by keeping
at the business location, a copy of the Certificate of Reported Compliance with
the In-Use On-Road Diesel Vehicle Regulation for each fleet, or in the
vehicle.
(4) Any contract that a
lessor and lessee enter into that has an effective date of January 1, 2010 or
later shall clearly specify whether or not the leased vehicle is to be excluded
from the lessor's fleet for the duration of the lease, or the responsibility
will be that of the lessee.
(y)
ARB Certificate of Reported
Compliance
After the required reporting and compliance certification
are received by ARB staff, ARB will provide the fleet with a Certificate of
Reported Compliance with the In-Use On-Road Diesel Vehicle Regulation. ARB
staff will also post on the website for this regulation the name and motor
carrier number for fleets that have reported compliance.
(z)
Non-Compliance
Any person who fails to comply with the general
requirements of this regulation, who fails to submit any information, report,
or statement required by this regulation, or who knowingly submits any false
statement or representation in any application, report, statement, or other
document filed, maintained, or used for the purposes of compliance with this
regulation may be subject to civil or criminal penalties under sections
39674,
39675,
42400,
42400.1,
42400.2,
42402.2,
and
43016,
of the Health and Safety Code. In assessing penalties, the Executive Officer
will consider factors, including but not limited to the willfulness of the
violation, the length of time of noncompliance, whether the fleet made an
attempt to comply, and the magnitude of noncompliance.
(aa)
Severability
If any subsection, paragraph, subparagraph, sentence,
clause, phrase, or portion of this regulation is, for any reason, held invalid,
unconstitutional, or unenforceable by any court of competent jurisdiction, such
portion shall be deemed as a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions of the
regulation.
1. New
section and Appendix A filed 12-9-2009; operative 1-8-2010 (Register 2009, No.
50).
2. Editorial correction inserting inadvertently omitted article
heading (Register 2010, No. 13).
3. Amendment of subsections (c),
(c)(12) and (c)(13) and new subsection (c)(14) filed 10-19-2010; operative
10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No.
43).
4. Amendment of section and NOTE filed 12-14-2011; operative
12-14-2011 pursuant to Government Code section 11343.4 (Register 2011, No.
50).
5. Amendment filed 12-31-2014; operative 1-1-2015 pursuant to
Government Code section 11343.4(b)(3) (Register 2015, No. 1).
6.
Change without regulatory effect repealing 12-31-2014 amendments, restoring
text effective prior to 1-1-2015, filed 12-26-2018 pursuant to section
100, title 1, California Code of
Regulations (Register 2018, No. 52).
Note: Authority cited: Sections 39600, 39601, 39650,
39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2,
42410, 43013, 43016, 43018, 43023 and 43600, Health and Safety Code. Reference:
Sections 39650, 39658, 39659, 39666, 39667, 39674, 39675, 40717.9, 42400,
42400.1, 42400.2, 42402.2, 42410, 43013, 43016, 43018, 43023, 43600 and
43701(b), Health and Safety Code.