California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 1 - Motor Vehicle Pollution Control Devices
Article 4 - Diesel Particulate Matter Control Measures
Section 2022.1 - Determining Compliance for a Municipality or Utility
Universal Citation: 13 CA Code of Regs 2022.1
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Compliance Requirements. Beginning with the applicable effective dates, a municipality or utility is required to comply with this diesel particulate matter control measure for each vehicle in its total fleet. Compliance requires all of the following:
(1) Use of a best available
control technology (BACT) for each vehicle in the total fleet as specified in
subsection (b);
(2) Implementation
for each vehicle in the total fleet as specified in subsection (c);
(3) If a compliance deadline extension is
granted by the Executive Officer per subsection (d), the municipality or
utility shall be deemed to be in compliance as specified by the Executive
Officer's authorization;
(4)
Special circumstances must be followed as specified in subsection
(e);
(5) Records must be kept as
specified in subsection (f); and
(6) Continuous compliance: municipality or
utility is required to keep each vehicle in compliance with this regulation,
once it is in compliance, so long as the municipality or utility is operating
the vehicle in California.
(b) Best Available Control Technology. Each municipality or utility shall use one of the following best available control technologies on each applicable vehicle in its total fleet as required by the implementation schedule in subsection (c):
(1)
An engine or power system certified to the optional 0.01 grams per brake
horsepower-hour (g/bhp-hr) particulate emission standard as specified in title
13, California Code of Regulations, section
1956.8(a)(2), or
the 0.01 g/bhp-hr particulate emission standard as specified in title 13,
California Code of Regulations, section
1956.8(a), as
appropriate for the engine's model-year; or
(2) An engine or power system certified to
the 0.10 g/bhp-hr particulate emission standard, as specified in title 13,
California Code of Regulations, section
1956.8, used in conjunction with
the highest level diesel emission control strategy as defined in subsection
(b)(4) applied by the implementation schedule in subsection (c); or
(3) An alternative fuel engine, heavy-duty
pilot ignition engine, or gasoline engine. Model-year 2004-2006 alternative
fuel engines must be certified to the optional, reduced emission standards as
specified in title 13, California Code of Regulations, section
1956.8(a)(2)(A).
Gasoline engines must be certified to the emission standards as specified in
title 13, California Code of Regulations, for heavy-duty Otto-cycle engines
used in heavy-duty vehicles over 14,000 pounds gross vehicle weight, sections
1956.8(c)(1)(B)
and 1976(b)(1)(F);
or
(4) The highest level diesel
emission control strategy per title 13, California Code of Regulations, section
2702(f), Table 1,
that is verified for a specific engine to reduce diesel particulate matter and
which the diesel-emission-control strategy manufacturer or authorized dealer
agrees can be used on a specific engine and fleet-vehicle combination, without
jeopardizing the original engine warranty in effect at the time of
application.
(c) Implementation Schedule.
(1) A municipality or
utility shall comply with the schedule in Table 1 -- Implementation Schedule
for a Municipal and Utility Total Fleet Vehicle, 1960 and newer Model-Year
Engines for the specified percentage of vehicles by each applicable compliance
deadline.
Table 1 -- Implementation Schedule for a Municipal and Utility Total Fleet Vehicle, 1960 and newer Model-Year Engines.
| Group | Engine Model-Years | Percentage of Group to Use Best Available Control Technology | Compliance Deadline, As of December 31 |
| 20 | 2007 | ||
| 1a | 1960-1987 | 60 | 2009 |
| 100 | 2011 | ||
| 20 | 2007 | ||
| 2 | 1988-2002 | 60 | 2009 |
| 100 | 2011 | ||
| 2003-2006 | 50 | 2009 | |
| 3 | (Includes dual-fuel and bi-fuel engines) | 100 | 2010 |
| 4 | 2007 and newer certified above the 0.01g/bhp-hr std. | 100 | 2012 |
a An owner may not use Level 1 technology, as classified pursuant to title 13, California Code of Regulations section 2020, as best available control technology on a Group 1 engine or vehicle.
(2) Municipality or Utility Located in a
Low-Population County. A municipality or utility that is headquartered in a
county in Table 2 may elect to follow the option in Table 3 below in lieu of
the implementation schedule in Table 1.
Table 2 -- Low-Population Counties
| COUNTY | Population as of July 1, 2005 |
| ALPINE | 1,300 |
| AMADOR | 37,600 |
| CALAVERAS | 47,800 |
| COLUSA | 24,200 |
| DEL NORTE | 31,500 |
| GLENN | 31,800 |
| INYO | 18,800 |
| LAKE | 69,200 |
| LASSEN | 39,800 |
| MARIPOSA | 19,600 |
| MENDOCINO | 95,500 |
| MODOC | 10,100 |
| MONO | 14,200 |
| NEVADA | 106,300 |
| PLUMAS | 21,900 |
| SAN BENITO | 63,600 |
| SIERRA | 3,700 |
| SISKIYOU | 47,200 |
| SUTTER | 90,400 |
| TEHAMA | 63,400 |
| TRINITY | 13,800 |
| TUOLUMNE | 62,200 |
| YUBA | 66,000 |
Table 3 -- Implementation Schedule for a Municipality or Utility Located in a Low-Population County or Granted Low-Population County Status
| Group | Engine Model-Years | Percentage of Group to Use Best Available Control Technology | Compliance Deadline, As of December 31 |
| 20 | 2009 | ||
| 40 | 2011 | ||
| 1 | 1960-1987 | 60 | 2013 |
| 80 | 2015 | ||
| 100 | 2017 | ||
| 20 | 2008 | ||
| 40 | 2010 | ||
| 2 | 1988-2002 | 60 | 2012 |
| 80 | 2014 | ||
| 100 | 2016 | ||
| 20 | 2011 | ||
| 3 | 2003-2006 | 40 | 2012 |
| (Includes dual-fuel | 60 | 2013 | |
| and bi-fuel engines) | 80 | 2014 | |
| 100 | 2015 | ||
| 20 | 2012 | ||
| 4 | 2007 and newer | 40 | 2013 |
| certified above the | 60 | 2014 | |
| 0.01g/bhp-hr std. | 80 | 2015 | |
| 100 | 2016 |
(3)
Accelerated Turnover Option for Municipality or Utility Located in a
Low-Population County or Granted Low-Population County Status. A
municipality or utility headquartered in a county listed in Table 2 or granted
low-population county status may elect to follow the option in Table 4 below in
lieu of the implementation schedules in Table 1 or 3.
Table 4 -- Accelerated Turnover Option for a Municipality or Utility Located in a Low-Population County or Granted Low-Population County Status
| Engine Model-Year | Fleet Percent to Repower with a 1994 or newer engine | Compliance Date as of Dec 31 | Percent of Fleet to use BACT | Compliance Date as of Dec 31 |
| 1960-1993 | 100% | 2020 | 100% | 2025 |
| 1994 and newer | N/A | N/A | 100% | 2025 |
(4)
A municipality or utility not specifically listed in Table 2 may apply to the
Executive Officer for consideration as a fleet located in a designated
"low-population county." The Executive Officer shall issue that designation
provided that all of the following criteria are met:
(A) The total fleet is located in a
"nonurbanized area," a "rural and small urban area," or any area outside of an
urbanized area, as designated by the U.S. Bureau of the Census. An urbanized
area consists of a core area and the surrounding densely populated area with a
total population of 50,000 or more, with boundaries fixed by the Bureau of the
Census or extended by state and local officials; or
(B) The fleet is located in a county that, as
of July 1, 2005, has a population of less than 325,000 and meets the definition
of a low-population county when the population of one or more cities that have
their own municipal vehicle fleet are subtracted from the county population,
and the fleet does not operate within those cities' boundaries; and
(C) The fleet revenue is not based on special
district assessments or fees.
(5) Calculating Number of Total Fleet
Vehicles Required for Implementation.
(A) As
of January 1 of each year where a compliance deadline is applicable, a
municipality or utility shall calculate, for each engine model-year group, the
number of vehicles in its total fleet for which compliance will be required.
This fleet size by engine model-year group (#MUVby
group)2 must be calculated using the
following equation:
#MUVby group=# Vehiclesby group + TotRetireby group
Where:
| #Vehiclesby group | = | the number of vehicles in an engine model-year group subject to the rule, and | |
| TotRetireby group | = | the number of vehicles removed from the model-year group by retirement in prior years, beginning with January 1 of the initial applicable compliance deadline year for each group. |
If a vehicle has left the total fleet for reasons other than retirement, it must not be included in the calculation of #MUVby group.
(B) The municipality or utility shall use the
following equation to determine the total number of vehicles in an engine
model-year group that are required to be in compliance by the deadline in Table
1 (TotVehby group):
TotVehby group=Group%BACTby group x #MUVby group
Where:
| Group¿CTby group | = | the percentage of vehicles in an engine model-year group that must meet BACT requirements for a given year as specified in subsection (c), and | |
| #MUVby group | = | the total fleet size by engine model-year group as defined in paragraph (5)(A) above |
(C)
After the first compliance deadline for each group, the municipality or utility
shall determine the number of additional vehicles in each model-year group to
be brought into compliance each year that a compliance deadline is applicable
(TotAddCompby group). The following equation must be
used to calculate TotAddCompby group:
TotAddCompby group=TotVehby group - TotBACTby group - TotRetireby group
Where:
| TotVehby group | = | the total number of vehicles in an engine model-year group required to be in compliance, as defined in paragraph (5)(B) above, | |
| TotBactby group | = | the number of vehicles in an engine model-year group that have been brought into compliance since the earliest compliance deadline using the method listed in subsection (b), and | |
| TotRetireby group | = | the number of vehicles retired in prior years as defined in paragraph (5)(A) above |
If a vehicle has left the total fleet for reasons other than retirement, it must not be included in the calculation of TotAddCompby group.
(D) Notwithstanding subsection (C) above, in
the 100 percent compliance deadline year for each engine model-year group, the
municipality or utility shall bring the remaining vehicles into
compliance.
(E) If the
TotVehby group or TotAddCompby
group is not equal to a whole number, the municipality or utility
shall round up a whole number when the fractional part of
TotAddCompby group is equal to or greater than 0.5, and
round down if less than 0.5.
(d) Compliance Extensions. A municipality or utility may be granted an extension to a compliance deadline specified in subsection (c) for one of the following reasons:
(1) Compliance Extension Based on Early
Implementation. A municipality or utility may be granted an extension based on
compliance with one or more of the following early implementation schedules,
provided the Executive Officer has received a letter by the applicable early
compliance deadline stating the municipality's or utility's intent to comply
with one of the following conditions and the municipality or utility meets the
requirements set forth in paragraphs (A), (B), (C) or (D).
(A) If a municipality or utility has
implemented best available control technology on fifty percent or more of its
Group 1 vehicles in its total fleet by December 31, 2007, then the municipality
or utility may delay the intermediate and final compliance deadlines for the
remaining Group 1 vehicles to July 1, 2012.
(B) If a municipality or utility has
implemented best available control technology on fifty percent or more of its
Group 2 vehicles in its total fleet by December 31, 2007, then the municipality
or utility may delay the intermediate and final compliance deadlines for the
remaining Group 2 vehicles to July 1, 2012.
(C) If a municipality or utility has
implemented BACT on 100 percent of its Group 1 and Group 2 engines by December
31, 2008, then the municipality or utility may follow the alternate
implementation schedule for its Group 3 engines of 20 percent BACT by December
31, 2009, 60 percent BACT by December 31, 2011 and 100 percent BACT by December
31, 2012.
(D) If a municipality or
utility employs significant quantities of advanced technology vehicles (for
example, hybrid electric vehicles) to meet BACT requirements, then the
municipality or utility may apply to the Executive Officer for approval of a
longer implementation schedule for its Group 2 and Group 3 vehicles, or
approval of credits to be used towards BACT compliance. The longer
implementation schedule must be proportionate to the additional emissions
benefits from the use of the advanced technology vehicles, and BACT credits
cannot exceed the additional emissions benefits. The advanced technology
vehicles must meet or exceed model-year 2007 and later emissions standards and
significantly reduce greenhouse gas emissions and petroleum
use.
(2) Compliance
Extension Based on No Verified Diesel Emission Control Strategy. If the
Executive Officer has not verified a diesel emission control strategy, or one
is not commercially available, for a particular engine and vehicle combination,
an annual extension in compliance may be granted by the Executive Officer under
one of the conditions specified below:
(A)
Executive Officer Compliance Extension. The Executive Officer shall grant a
blanket one-year compliance extension if a diesel emission control strategy is
not verified for an engine ten months prior to each compliance deadline
specified in subsection (c).
1. For a Group 1
engine for which there is no verified diesel emission control strategy, the
Executive Officer shall grant a one-year extension, after which the
municipality or utility shall comply with subsection (b). If no diesel emission
control strategy for the engine is verified during the extension period, the
Executive Officer shall grant an additional one year extension. The Executive
Officer may grant one-year extensions until December 31, 2012, (or December 31,
2018 for a municipality or utility located in a low-population county, or
granted low-population county status), after which the municipality or utility
shall comply with subsection (b).
2. For a Group 2 engine for which there is no
verified diesel emission control strategy, the Executive Officer shall grant a
one-year extension, after which the municipality or utility shall comply with
subsection (b). If no diesel emission control strategy for the engine is
verified during the extension period, the Executive Officer shall grant an
additional one-year extension. The Executive Officer may grant one-year
extensions until December 31, 2012, (or December 31, 2017 for a municipality or
utility located in a low-population county or granted low-population county
status), after which the municipality or utility shall comply with subsection
(b)
(B) Municipality or
Utility Application for Compliance Extension. A municipality or utility may
apply to the Executive Officer for a compliance extension pursuant to
subsection (d)(2) for an engine no later than July 31 prior to each compliance
deadline specified in subsection (c). Before requesting this extension, the
municipality or utility shall demonstrate compliance or intent to comply with
applicable deadlines for the remaining vehicles in the fleet. The municipality
or utility shall meet the following application conditions and documentation
requirements by providing the following to the Executive Officer:
1. Identification of each engine, by vehicle
identification number; engine manufacturer, model-year, family, and series; and
type of vehicle for which no diesel emission control strategy has been
verified; or
2. Identification of
each engine, by vehicle identification number; engine manufacturer, model-year,
family, and series; and type of vehicle for which a specific diesel emission
control strategy would void the original engine warranty and a statement from
the engine manufacturer or authorized dealer stating the original engine
warranty would be voided; or
3.
Identification of each engine and vehicle combination, by vehicle
identification number; engine manufacturer, modelyear, family, and series; and
type of vehicle for which no diesel emission control strategy is commercially
available and a list of manufacturers that have been contacted, with the
manufacturers' responses to a request to purchase; and
4. A description of the reason for the
request for a compliance extension for each engine or engine and fleet-vehicle
combination; and
5. A copy of the
statement of compliance as required in subsection (f)(1)(K); and
6. The application for compliance extension
to be submitted to the Executive Officer no later than July 31 annually
beginning 2007.
a. A municipality or utility.
For a Group 1 engine, the Executive Officer will accept an annual
compliance-extension application until July 31, 2011, after which the
municipality or utility shall comply with subsection (b) by December 31, 2012.
The Executive Officer will only grant one compliance extension for an engine in
Group 1. For a Group 2 engine, the Executive Officer will accept an annual
compliance extension application until July 31, 2011, after which the
municipality or utility shall comply with subsection (b) by December 31,
2012.
b. A municipality or utility
either located in a low-population county, or granted low-population county
status. For a Group 1 engine, the Executive Officer will accept an annual
compliance extension application until July 31, 2017, after which the
municipality or utility shall comply with subsection (b) by December 31, 2018.
The Executive Officer will only grant one compliance extension for an engine in
Group 1. For a Group 2 engine, the Executive Officer will accept an annual
compliance extension application until July 31, 2016, after which the
municipality or utility shall comply with subsection (b) by December 31,
2017.
(3) Compliance Extension for a Municipality
or Utility that Operates a Dual-Fuel or Bi-Fuel Engine. A municipality or
utility may delay implementation of a Group 1 or 2 dual-fuel or bi-fuel engine
to the Group 3 compliance deadlines.
(4) Compliance Extension for an Engine Near
Retirement. If a municipality or utility has applied best available control
technology to all engines as required, and the next engine subject to
implementation under subsection (c) is scheduled to be retired from the total
fleet within one year of the applicable compliance deadline, then the
municipality or utility shall be exempted from applying the best available
control technology as defined in subsection (b) to that engine for a maximum of
one year, provided documentation of the expected retirement date is kept in
records as specified in subsection (f) and the engine is retired by the stated
anticipated date.
(5) Use of
Experimental Diesel Emission Control Strategy. A municipality or utility may
use an experimental diesel emission control strategy provided by, or operated
by, the manufacturer in no more than 20 vehicles, or ten percent of its total
fleet, whichever is less, for testing and evaluation purposes. The municipality
or utility shall keep documentation of this use in records as specified in
subsection (f). Each vehicle will be considered to be in compliance for the
duration of the experiment to a maximum of two years. The municipality or
utility must bring the vehicle into compliance within six months of the end of
the testing and evaluation period. No experimental diesel emission control
strategy may be used on a vehicle after December 31, 2012.
(6) Accelerated Turnover Option. A
municipality or utility either located in a low-population county or granted
low-population county status may follow the accelerated turnover option
provided in subsection (c)(3), provided the Executive Officer has received a
letter by July 31, 2008, stating the municipality's or utility's intent to
comply with this option.
(7) Light
Heavy-Duty Engine Extension. A municipality or utility may apply for a one year
extension from the 2009 compliance deadline for light heavy-duty engines if
after counting light heavy-duty engines as a part of the total fleet prevents
the fleet from complying with the 2009 intermediate BACT compliance
requirements in section
2022.1(c)(1). A
municipality or utility must:
(A) Submit a
letter to the Executive Officer by December 31, 2009 requesting the light
heavy-duty engine extension;
(B)
Submit documentation to demonstrate it cannot comply with the 2009 intermediate
BACT compliance requirements in section
2022(c)(1) after
adding light heavy-duty engines as a part of the total fleet size.
Documentation shall include, but is not limited to, proof of financial
hardship, budgeting schedules, etc. Documentation of financial hardship shall
include an analysis of cost of compliance, sources of available funds and
shortfall between funds available and cost of compliance; and
(C) Meet the record-keeping requirements
under section
2022.1(f).
(8) Privately-Owned Utility Extension. A
utility may be granted an extension for Group 2 and Group 3 intermediate and
final compliance deadlines as required in section
2022.1(c)(1) by
two years, provided that thirty (30) percent of its fleet vehicles meet the
2010 model year NOx emissions equivalent as defined a section
2025(d), and
twenty (20) percent of its fleet vehicles meet the 2007 model year NOx
emissions equivalent as defined in section
2025(d) by
December 31, 2013. A privately-owned utility must:
(A) submit a letter to the Executive Officer
by December 31, 2009 stating the utility's intent to comply with this
section,
(B) submit records by
December 31, 2009 required by section
2022.1(f)(1),
(C) label each vehicle in its fleet according
section 2022.1(f)(3)(G),
(D) submit by December 31, 2011 records
required by section
2022.1(f)(1),
and
(E) submit by December 31, 2013
records required by section
2022.1(f)(1) and
documentation, such as but not limited to percent of fleet calculations and
purchase records, demonstrating the utility's compliance with the above
conditions.
(e) Diesel Emission Control Strategy Special Circumstances. A municipality or utility shall maintain the original level of best available control technology on each engine once that engine is in compliance, and will not be required to upgrade to a higher level of best available control technology, except under specified special circumstances, as follows:
(1) Fuel Strategy Diesel Emission Control
Strategy.
(A) If a municipality or utility
determines that the highest level diesel emission control strategy for a small
percentage of its fleet would be a Level 2 fuel-based strategy, and
implementation of this diesel emission control strategy would require
installation of a dedicated storage tank, then the municipality or utility
shall request prior approval from the Executive Officer to allow use of a lower
level diesel emission control strategy; or
(B) If a municipality or utility elects to
use a fuel-based diesel emission control strategy across its fleet, and some
vehicles can use a Level 3 hardware diesel emission control strategy, then the
municipality or utility shall request prior approval from the Executive Officer
to allow use of a lower level diesel emission control strategy. This provision
is only available if a minimum Level 2 diesel emission control strategy is
used.
(2)
Diesel
Emission Control Strategy Failure or Damage. 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 diesel emission control strategy fails or is
damaged within its warranty period and the diesel emission control strategy
manufacturer or authorized dealer determines it cannot be repaired, the
municipality or utility shall replace the diesel emission control strategy with
either the same level diesel emission control strategy or another best
available control technology as defined in subsection (b).
(B)
Failure or Damage Outside of
Warranty Period. If a diesel emission control strategy fails or is
damaged outside of its warranty period, and it cannot be repaired, the
municipality or utility shall apply the best available control technology at
the time of replacement, as defined in subsection (b).
(3) Discontinuation of Fuel Verified as a
Diesel Emission Control Strategy. If a municipality or utility discontinues use
of a fuel verified as a diesel emission control strategy, the municipality or
utility shall apply best available control technology within 30 days of the
date of discontinuation or submit a compliance plan to the Executive Officer no
later than 30 days after discontinuation that demonstrates how the municipality
or utility will bring the vehicles into compliance within six months of the
date of discontinuation.
(4)
Limited Use of Level 1 Diesel Emission Control Strategy. If a Level 1 diesel
emission control strategy is identified as the best available control
technology pursuant to subsection (b), a municipality or utility is subject to
the following limitations:
(A) Group 1
1. A municipality or utility may not use a
Level 1 diesel emission control strategy on any Group 1 engine.
2.
Exception for low-population
counties. The limitation in (A)1. does not apply to a vehicle owned or
operated by a municipality or utility located in a low-population county (Table
2), or to a vehicle owned or operated by a municipality or utility that has
been granted low-population county status.
(B) Group 2
1. Ten year limit. A municipality or utility
may use a Level 1 diesel emission control strategy in a Group 2 engine for up
to ten years. The municipality or utility shall then replace the Level 1 diesel
emission control strategy with the best available control technology from
subsection (b). The replacement cannot be a Level 1 diesel emission control
strategy.
2. Exception for
low-population counties. The limitation in (B)1. does not apply to a vehicle
owned or operated by a municipality or utility located in a low-population
county (Table 2) or to a vehicle owned or operated by a municipality or utility
that has been granted low-population county status.
(C) Group 3 and 4
1. Five year limit. A municipality or utility
may use a Level 1 diesel emission control strategy in a Group 3 and 4 engine
for up to five years. The municipality or utility shall then replace the Level
1 diesel emission control strategy with the best available control technology
from subsection (b). The replacement cannot be a Level 1 diesel emission
control strategy.
2. Exception for
low-population counties. The limitation in (C)1. does not apply to a vehicle
owned or operated by a municipality or utility located in a low-population
county (Table 2) or to a vehicle owned or oper ated by a municipality or
utility that has been granted low-population county
status.
(f) Record-Keeping Requirement. A municipality or utility shall maintain the following records. The municipality or utility shall provide the following records upon request to an agent or employee of the Air Resources Board for all vehicles in its total fleet subject to compliance with this regulation.
(1)
Records to be Kept For Inspection. Beginning December 31, 2007, the
municipality or utility shall keep the following records either in hard-copy
format or as computer records:
(A) A list by
vehicle identification number of vehicles, identifying each vehicle type;
engine manufacturer, model-year, family, and series; and status as a total
fleet or low usage vehicle; and
(B)
Correlated to each vehicle, the installed diesel emission control strategy
family name, its serial number, manufacturer, installation date, and if using a
Level 1 or Level 2 verified diesel emission control strategy, the reason for
the choice; and
(C) Records of
maintenance for each installed diesel emission control strategy; and
(D) For fuel or fuel additives used as a
diesel emission control strategy, the most recent two years' worth of records
of purchase that demonstrate usage; and
(E) For each low usage vehicle, or
low-population county low usage vehicle, its mileage or engine hours as of
December 31 of each year beginning 2007, and records to document its five-year
mileage or engine hours, as of December 31 of each year beginning 2007,
correlated to the vehicle identification information in paragraph (1)(A) above;
and
(F) If a municipality or
utility is located in a low-population county or has been granted
low-population county status, documentation affirming that the vehicle is not
operated at any time in a metropolitan statistical area as defined by the U.S.
Census Bureau; and
(G) For each
engine for which a municipality or utility is claiming an extension pursuant to
paragraph (d)(4), the retirement date correlated to the vehicle identification
information in paragraph (1)(A) above; and
(H) For each engine for which a municipality
or utility is claiming an extension pursuant to paragraph (d)(5), the records
of the test plan, including start and end dates of the experiment; diesel
emission control strategy manufacturer name and contact information
(representative, address, and phone number); name and type of experimental
diesel particulate matter emission control strategy; and targeted data to be
generated by experiment and correlated to the vehicle identification
information in paragraph (1)(A) above; and
(I) For each engine for which a municipality
or utility located in a low-population county is following the accelerated
turnover path in Table 3, the date of each engine repower correlated to the
vehicle identification information in paragraph (1)(A) above; and
(J) Records to document the retirement of a
vehicle. For each vehicle or engine to be retired, list the vehicle
identification number, engine manufacturer, model-year, family, and series. For
each vehicle that will be transferred to another fleet in California, include
also the information required by sections
2022.1(f)(1)(B)
and a statement of compliance that the vehicle meets the provisions of section
2022.1(b). For
each vehicle or engine to be retired, provide the date of retirement, and
written confirmation from the recipient of the retired vehicle or engine that
the destination of the vehicle or its engine meets the requirements of the
definition of "retirement" or "retire" in section
2022(b).
(K) Vehicles sold outside of the State of
California. For a vehicle to qualify for retirement, a municipality or utility
must:
1. Submit to the Executive Officer a
completed VIN Stop application, which includes: vehicle license plate number,
vehicle identification number, vehicle model-year, vehicle make, vehicle model,
engine manufacturer, engine serial number, and engine model year;
2. Receive and maintain VIN Stop submittal to
Department of Motor Vehicles in municipality's or utility's records;
and
3. Obtain and maintain
out-of-state buyer's contact information, such as name, address and phone
number for the vehicle sold outside of the State of California and
acknowledgement of the vehicle's operational status.
(L) A statement of compliance, prepared
beginning December 31, 2007, and renewed each December 31, thereafter until
December 31, 2012, with low-population counties continuing until December 31,
2018, certifying that the municipality's or utility's engines are in compliance
as required, including the following:
1. "The
[insert name of municipality or utility] vehicles at terminal [insert terminal
identification number or address] are in compliance with title 13, California
Code of Regulations, section
2022.1"; and
2. The municipality's or utility's name,
address, and business telephone; and the signature of the municipality's or
utility's agent and the date signed.
(2) Inspection of Records at the Terminal.
Beginning December 31, 2007, the municipality or utility shall provide to any
ARB representative any records required to be maintained by the municipality or
utility pursuant to subsection (f)(1), by appointment, at the terminal where a
vehicle normally resides.
(3)
Records Kept in the Vehicle. For each vehicle, beginning December 31, 2007, the
municipality or utility shall keep the following information in the form of a
legible and durable label affixed to the driver's side door jamb, or another
readily accessible location known to the driver of each vehicle:
(A) For each installed diesel emission
control strategy, the diesel emission control strategy family name as specified
in title 13, California Code of Regulations, section
2706(g)(2), and
the installation date; or
(B)
Engine model-year and planned compliance date, and a statement that the vehicle
is following the accelerated turnover option, if applicable; or
(C) Designation as a low usage vehicle or
low-population county low usage vehicle (as applicable) and the vehicle's
mileage or hours as of December 31 of each year beginning December 31, 2007;
or
(D) Engine model-year and
terminal where the vehicle is permanently housed if the municipality or utility
is located in a low-population county or has been granted low-population county
status; or
(E) Engine model-year
and retirement date for an engine for which a municipality or utility is
claiming an extension pursuant to paragraph (d)(4); or
(F) Engine model-year and the beginning and
the ending dates for the test plan of an engine for which a municipality or
utility is claiming an extension pursuant to paragraph (d)(5); or
(G) Engine model-year and planned compliance
date, and a statement that the vehicle is following the private utility
extension, if applicable.
(4) Each municipality or utility shall
maintain these records for each vehicle until it is sold outside of the State
of California or is no longer owned or operated by the municipality or utility.
If ownership is transferred, the seller shall convey these records to the
buyer, or a third-party sales representative.
(g) Contractor Compliance Requirement. In any contract for services that a municipality or utility enters that has an effective date of December 31, 2007, or later, the municipality or utility shall include language requiring the contractor to be in compliance with all federal, state, and local air pollution control laws and regulations applicable to the contractor.
(h) Third Party Vehicle Seller Contract Requirement. In any contract with a third party vehicle seller for the sale of a vehicle outside of the State of California to satisfy retirement, a municipality or utility must:
(1) Include in the contract that it is the
third party vehicle seller's responsibility to:
(A) Ensure that the vehicle is sold outside
of the State of California, or if sold to an intermediate buyer in state,
inform the intermediate buyer in writing that the vehicle cannot be sold or
operated within California unless the vehicle is in compliance with section
2022.1(b);
(B) Inform the buyer in writing that the
vehicle cannot be registered in California unless the vehicle is in compliance
with section
2022.1(b);
and
(C) Notify the buyer in writing
to inform future buyers that the vehicle cannot be registered/operated in
California unless the vehicle is in compliance with section
2022.1(b).
(2) Obtain a written statement from the third
party vehicle seller with the buyer's contact information, such as name,
address, and phone number; obtain acknowledgement of the requirements in
subparagraph 2022.1(h)(1); and provide original copy to public agency or
utility.
(i) Non-Compliance. Any violations of this section may carry civil penalties as specified in state law and regulations, including, but not limited to, Health and Safety Code Section 39674.
(1) A
municipality or utility that fails to maintain the required records in
paragraph (f)(1) may be subject to civil penalties of not less than $100 per
day for every day past the required record-keeping date.
(2) A municipality or utility that fails to
maintain the required records in the vehicle as specified in paragraph (f)(3)
may be subject to civil penalties of not less than $100 per day per vehicle for
every day past the required record-keeping date.
__________
2 "By group" means all vehicles in an engine model-year group as described in Table 1 under (c)(1).
1. New
section filed 12-6-2006; operative 1-5-2007 (Register 2006, No.
49).
2. Amendment of section and NOTE filed 12-3-2009; operative
12-3-2009 pursuant to Government Code section 11343.4(c) with respect to all
equipment other than street sweepers; operative with respect to street sweepers
upon filing of proposed section
2025 (Register 2009, No.
49).
Note: Authority cited: Sections 39600, 39601 and 39658, Health and Safety Code. Reference: Sections 39002, 39003, 39655, 39656, 39657, 39658, 39659, 39660, 39661, 39662, 39664, 39665, 39667, 39674, 39675, 43000, 43013, 43018, 43101, 43102, 43104, 43105 and 43700, Health and Safety Code.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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