Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Operators of
forklift and/or non-forklift fleets shall first determine the size of their
fleets, using the equipment definitions in section
2775. Equipment meeting the
boneyard and retired equipment definitions shall not be included in fleet size
determinations. Except as provided in subsections (c), (d), (e), and (f),
operators of medium and large forklift fleets and operators of non-forklift
fleets with more than three pieces of equipment shall comply with the fleet
average emission level (FAEL) standards in Table 2 by the specified compliance
dates.
Table 2: Fleet Average Emission Level Standards in
grams per kilowatt-hour (brake-horsepower-hour) of hydrocarbons plus oxides of
nitrogen
| Fleet
Type | 1/1/2009 | Initial
Compliance Date 1/1/2011 | 1/1/2013 |
| Large Forklift Fleet | 3.2 (2.4) | 2.3
(1.7) | 1.5 (1.1) |
| Medium Forklift Fleet | 3.5 (2.6) | 2.7
(2.0) | 1.9 (1.4) |
| Non-forklift Fleet | 4.0 (3.0) | 3.6
(2.7) | 3.4 (2.5) |
(1) Fleet
operators subject to the fleet average provisions shall include in their fleet
average calculations any piece of equipment that the operator has rented or
leased or reasonably expects to rent or lease for a period of one year or
more.
(2) Fleet operators may
exclude from the fleet average calculation uncontrolled 2003 and 2004 model
year rental equipment (if the equipment is rented for a period of less than one
year) until January 1, 2010.
(3) In
addition to the provisions of subsection (a)(2) above, fleet operators may
exclude from the fleet average calculation rental or leased equipment if:
(A) the rental or lease is for a period of
less than one year;
(B) the rental
or lease component comprises no more than 20 percent of the operator's
equipment at any time; and
(C) the
equipment rented or leased during the period from January 1, 2009, through
December 31, 2010, is controlled to a 4.0 g/kW-hr (3.0 g/bhp-hr) standard or
better and equipment rented or leased on or after January 1, 2011, is
controlled to a 2.7 g/kW-hr (2.0 g/bhp-hr) standard or
better.
(4) Fleet
operators shall comply with the applicable fleet average standard in Table 2
with the following exceptions:
(A) if through
business expansion, a fleet meets the definition of a larger size category, the
fleet may continue to comply with the applicable fleet standard for the initial
size category until the subsequent compliance date, at which time the fleet
must meet the applicable fleet standard for the new fleet size category;
or
(B) if through retirement or
other fleet size reduction mechanism the fleet would otherwise be required to
comply with a less stringent fleet standard, then the less stringent fleet
standard becomes effective immediately.
(5) Beginning June 30, 2017, and until June
30, 2023, operators must maintain records for and report all equipment subject
to a FAEL standard in accordance with section
2775.2, subsection (a).
(6) Beginning June 30, 2017, and until June
30, 2023, operators must label each piece of equipment subject to a FAEL
standard with its equipment identification number (EIN) in accordance with
section 2775.2, subsection (b). For zero
emission equipment, the operator is only required to label such equipment if
the inclusion of the equipment in the operator's fleet average is necessary to
comply with the applicable FAEL standard. That is, if a fleet complies with its
FAEL standard without needing to account for one or more pieces of zero
emission equipment, those pieces of equipment are not required to be
labeled.
(b) Operators of
mixed fleets comprised of forklifts and non-forklift equipment shall determine
fleet size individually for forklift fleets and non-forklift fleets; a mixed
fleet with three or fewer forklifts and three or fewer non-forklift pieces of
equipment shall be considered to be a small fleet.
(c) Except as provided in subsections (d),
(e), and (f), each operator of a forklift fleet used in agricultural crop
preparation services shall address emissions from their owned forklifts with
uncontrolled LSI engines as follows:
(1) by
January 1, 2009, identify that portion of the 1990 and newer LSI engine powered
forklift fleet for which retrofit emission control systems have been verified
and control 20 percent of that portion as prescribed in subsection (3) below;
and
(2) by January 1, 2012, control
100 percent of the 1990 and newer LSI engine powered forklift fleet for which
retrofit emission control systems have been verified as prescribed in
subsection (3) below; and
(3) To
comply with subsections (c)(1) and (c)(2) of this section, operators shall
retrofit or repower the LSI engine powered forklift to a Level 2 or Level 3
verification level as described in Title 13, California Code of Regulations,
section 2782
(f).
(4) Operators of fleets used in agricultural
crop preparation services may exclude from their LSI engine powered forklift
fleet:
(A) leased forklifts provided the
forklifts meet a 4.0 g/kW-hr (3.0 g/bhp-hr) standard or better. Forklifts under
a lease agreement that was initiated prior to May 25, 2006 may also be excluded
from the 4.0 g/kW-hr standard for the life of the lease, or until January 1,
2010, whichever is earlier; and
(B)
rental forklifts rented on or after January 1, 2009, provided the forklifts
meet a 4.0 g/kW-hr standard or better. Forklifts with an uncontrolled 2003 or
2004 model year engine may be excluded from the requirements of this subpart
until January 1, 2010.
(d)
Limited Hours of Use
Provisions.
(1) Forklift and
non-forklift equipment in medium and large fleets shall be exempted from the
provisions of subsection (a) of this section provided that:
(A) the equipment meets the limited hours of
use equipment definition as defined in section
2775(d)(23);
(B) the equipment is equipped with an
operational non-resettable hours of use meter;
(C) the operator maintains hours of use
records for the piece of equipment at a facility;
(D) beginning June 30, 2017, the operator
maintains records and reports the equipment in accordance with section
2775.2, subsection (a);
and
(E) beginning June 30, 2017,
the operator labels the equipment with its EIN in accordance with section
2775.2, subsection
(b).
(2) Forklifts used
in agricultural crop preparation services fleets shall be exempted from the
provisions of subsection (c) of this section provided that they are used, on
average over any three year period, less than 251 hours per year and meet the
requirements of subsections (d)(1)(B) and (d)(1)(C).
(e)
Specialty Equipment
Exemption.
(1) Forklift and
non-forklift specialty equipment shall be exempt from the requirements of
subsections (a) through (c) of this section provided that:
(A) the replacement cost exceeds the
replacement cost of a "typical" piece of equipment from that category by 50
percent or the retrofit cost exceeds the "typical" retrofit cost of a piece of
equipment from that category by 100 percent;
(B) they are used, on average over any three
year period, less than 251 hours per year and meet the requirements of
subsections (d)(1)(B) and (d)(1)(C);
(C) the Executive Officer approves the
listing of the piece of equipment as specialty equipment;
(D) beginning June 30, 2017, the operator
maintains records and reports the equipment in accordance with section
2775.2, subsection (a);
and
(E) beginning June 30, 2017,
the operator labels the equipment with its EIN in accordance with section
2775.2, subsection
(b).
(f)
Alternate Compliance Option for Operators of Fleets used in
Agricultural Crop Preparation Services.
(1) Operators of forklift fleets used in
agricultural crop preparation services shall be exempted from the provisions of
subsection (c) of this section provided that the forklift fleet complies with a
4.0 g/kW-hr (3.0 g/bhp-hr) fleet average emission level.
(g)
Use of Experimental Emission
Control Strategies.
(1) An operator
may use an experimental emission control strategy provided by or operated by
the manufacturer in no more than ten percent of the operator's total fleet for
testing and evaluation purposes, provided that:
(A) beginning June 30, 2017, the operator
maintains records and reports each piece of equipment in the operator's fleet,
including zero emission equipment, in accordance with the requirements set
forth in section
2775.2, subsection (a);
and
(B) beginning June 30, 2017,
for each piece of equipment in the operator's fleet that uses an experimental
emission control strategy, the operator labels the equipment with its EIN in
accordance with the requirements set forth in section
2775.2, subsection
(b).
(h)
Severability. If any provision of this section or the
application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the section
that can be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
1. New
section filed 4-12-2007; operative 5-12-2007 (Register 2007, No.
15).
2. Amendment of subsections (a), (c)-(c)(4) and (d)(1)(A)-(C),
repealer of subsections (d)(1)(D)(i)-(ii) and amendment of subsections (d)(2)
and (e)(1)(B) filed 12-14-2011; operative 12-14-2011 pursuant to Government
Code section 11343.4 (Register 2011, No. 50).
3. Amendment of
section and NOTE filed 6-20-2017; operative 6-20-2017 pursuant to Government
Code section 11343.4(b)(3) (Register 2017, No.
25).
Note: Authority cited: Sections 39001, 39002, 39003,
39500, 39600, 39601, 39602.5, 39607, 39658, 43000, 43011, 43013, 43018, 43101,
43102, 43104, 43150, 43151 and 43600, Health and Safety Code. Reference:
Sections 39001, 39002, 39003, 39500, 39600, 39602.5, 39607, 39658, 43000.5,
43009, 43011, 43013, 43017, 43018, 43101, 43102, 43104 and 43151, Health and
Safety Code.
