Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Each fleet must meet the fleet average requirements in this
section before January 1 of each year or demonstrate that it met the BACT
requirements as described in section
2449.1(b).
Each fleet must meet all applicable tier phase-out
requirements described in section
2449.1(c)
beginning January 1, 2024, and must meet the renewable diesel requirements
described in section
2449.1(f)
beginning January 1, 2024.
Captive attainment area fleets, and fleets owned by
non-profit training centers or low-population county local municipalities are
subject to the small fleet requirements, even if their total max hp exceeds
2,500 hp. Section
2449(d)(3)
describes requirements for fleets that change size.
(a)
Fleet Average
Requirements
For each compliance date, a fleet must demonstrate that its
fleet average index was less than or equal to the calculated fleet average
target rate.
The equation for calculating fleet average target rate is
below:
Fleet average target rate = [SUM of (max hp for each engine
in fleet multiplied by the target for each engine in fleet) for all engines in
fleet] divided by [SUM of (max hp) for all engines in fleet] where the target
in g/bhp-hr is shown in Tables 3 and 4 below. To find the target for each
engine, read the value for the appropriate row based on the compliance year and
the appropriate column based on the engine's max hp from Table 3 for medium and
large fleets, and Table 4 for small fleets.
The equation for calculating fleet average index is
below:
Fleet average index = [SUM of (max hp for each engine in
fleet multiplied by emission factor multiplied by the VDECS Factor for each
engine in fleet) for all engines in fleet] divided by [SUM of (max hp) for all
engines in fleet] where emission factor in g/bhp-hr is shown in Appendix A, and
the VDECS factor is shown in Table 2 below.
Table 2 -- VDECS Factor
|
VDECS
|
VDECS
Factor
|
|
No VDECS Installed or Level 1 VDECS |
1 |
|
Level 2 PM VDECS, not highest level |
0.82 |
|
Level 2 PM VDECS, not highest level, with NOx
Reduction |
1 Minus (0.18 + (Verified Percent NOx Reduction
Divided by 170)) |
|
Highest Level PM VDECS |
0.7 |
|
Highest Level PM VDECS with NOx
Reduction |
1 Minus (0.3 + (Verified Percent NOx Reduction
Divided by 170)) |
|
NOx Reduction only |
1 Minus (Verified Percent NOx Reduction Divided by
170) |
(1)
Fleet Average Targets for Large and Medium Fleets -- Table 3
shows the targets used to calculate the fleet average target rate for each
compliance date for large and medium fleets.
Table 3 -- Large and Medium Fleet Targets for Each
Max Hp Group For Use in Calculating Fleet Average Target Rates
[g/bhp-hr]
|
Compliance Date: January 1 of
Year
|
25-49 hp
|
50-74 hp
|
75-99 hp
|
100-174 hp
|
175-299 hp
|
300-599 hp
|
600-750 hp
|
>750 hp
|
| 2014 (Large Fleets Only) |
5.8 |
6.5 |
7.1 |
6.4 |
6.2 |
5.9 |
6.1 |
7.2 |
| 2015 (Large Fleets Only) |
5.6 |
6.2 |
6.7 |
6 |
5.8 |
5.5 |
5.6 |
6.8 |
| 2016 (Large Fleets Only) |
5.3 |
5.8 |
6.2 |
5.5 |
5.3 |
5.1 |
5.2 |
6.5 |
| 2017 |
5.0 |
5.4 |
5.5 |
4.9 |
4.7 |
4.5 |
4.6 |
6.0 |
| 2018 |
4.7 |
5.0 |
4.8 |
4.3 |
4.1 |
4.0 |
4.0 |
5.5 |
| 2019 |
4.4 |
4.6 |
4.1 |
3.7 |
3.5 |
3.4 |
3.4 |
5.0 |
| 2020 |
4.1 |
4.2 |
3.4 |
3.1 |
2.9 |
2.8 |
2.9 |
4.5 |
| 2021 |
3.8 |
3.8 |
2.7 |
2.5 |
2.3 |
2.2 |
2.3 |
4.0 |
| 2022 |
3.5 |
3.4 |
2.0 |
1.9 |
1.7 |
1.7 |
1.7 |
3.5 |
| 2023 |
3.3 |
3.0 |
1.4 |
1.3 |
1.5 |
1.5 |
1.5 |
3.4 |
(2)
Fleet Average Targets for Small
Fleets -- Table 4 shows the targets used to calculate the fleet
average target rate for each compliance date for small fleets.
Table 4 -- Small Fleet Targets for Each Max Hp Group
For Use in Calculating Fleet Average Target Rates [g/bhp-hr]
|
Compliance Date: January 1 of
Year
|
25-49 hp
|
50-74 hp
|
75-99 hp
|
100-174 hp
|
175-299 hp
|
300-599 hp
|
600-750 hp
|
>750 hp
|
| 2019 |
5.8 |
6.5 |
7.1 |
6.4 |
6.2 |
5.9 |
6.1 |
7.2 |
| 2020 |
5.6 |
6.2 |
6.7 |
6.0 |
5.8 |
5.5 |
5.6 |
6.8 |
| 2021 |
5.3 |
5.8 |
6.2 |
5.5 |
5.3 |
5.1 |
5.2 |
6.5 |
| 2022 |
5.0 |
5.4 |
5.5 |
4.9 |
4.7 |
4.5 |
4.6 |
6.0 |
| 2023 |
4.7 |
5.0 |
4.8 |
4.3 |
4.1 |
4.0 |
4.0 |
5.5 |
| 2024 |
4.4 |
4.6 |
4.1 |
3.7 |
3.5 |
3.4 |
3.4 |
5.0 |
| 2025 |
4.1 |
4.2 |
3.4 |
3.1 |
2.9 |
2.8 |
2.9 |
4.5 |
| 2026 |
3.8 |
3.8 |
2.7 |
2.5 |
2.3 |
2.2 |
2.3 |
4.0 |
| 2027 |
3.5 |
3.4 |
2.0 |
1.9 |
1.7 |
1.7 |
1.7 |
3.5 |
| 2028 |
3.3 |
3.0 |
1.4 |
1.3 |
1.5 |
1.5 |
1.5 |
3.5 |
(b)
BACT Requirements
Each year, a fleet must determine if it will be able to
meet the fleet average requirements in section
2449.1(a) for the
next January 1 compliance date, and if not, it must meet the BACT requirements
in section
2449.1(b)(1)
below prior to the January 1 compliance date.
A fleet may meet the BACT requirements by performing
turnover or installing VDECS as described in section
2449.1(b)(10)
below. Vehicles exempt from the performance requirements under section
2449(e) cannot be
used to generate BACT credits.
(1)
BACT Rate -- If a fleet does not meet the fleet average target rate in section
2449.1(a), it
must demonstrate that during the calendar year prior to the compliance date, it
has earned the amount of BACT credit (in hp) necessary to meet or exceed the
minimum BACT requirements specified for that compliance date. The minimum BACT
requirements (in hp) for each compliance date equal:
(The BACT rate (percent shown below in (A) through (C) for
the compliance date), multiplied by the total max hp of the fleet as reported
on the previous reporting date)
For example, if a large fleet does not meet the January 1,
2014, fleet average target rate, the fleet must demonstrate that it had
accumulated enough BACT credit between January 1, 2013 and December 31, 2013,
to satisfy the BACT requirements for January 1, 2014. The BACT requirements for
January 1, 2014, for a large fleet equals the BACT rate for that compliance
date (4.8 percent for 2014, as shown below in subsection (A)) multiplied by the
fleet's max hp as reported by the previous reporting date, March 1,
2013.
Any carryover BACT credit previously accrued may be applied
towards the BACT requirements in a later year as specified in the sections
below. The required BACT rate for each compliance date is described below in
(A) through (C).
(A) Large fleets --
1: 2014: 4.8 percent
2: 2015 to 2017: 8 percent
3: 2018 to 2023: 10 percent
(B) Medium fleets --
1: 2017: 8 percent
2: 2018 to 2023: 10 percent
(C) Small fleets --
1: 2019 to 2028: 10 percent
(2)
Exemptions from BACT for Medium
and Large Fleets -- For medium and large fleets, a vehicle is exempt
from the BACT requirements of section
2449.1(b)(1) if
it qualifies for one or more of the exemptions set forth in section
2449(e) or meets
one of the conditions listed in section (A) through (E) below. A fleet that
does not meet the fleet average target in section
2449.1(a)(1) must
meet the BACT requirements with the vehicles that do not qualify for an
exemption under either section
2449(e) or this
section, provided that nothing shall require a fleet to apply a VDECS to any
vehicle. Where all of the vehicles in a fleet qualify for an exemption under
either this section or section
2449(e), the
fleet is exempt from the BACT and fleet average requirements in that year. The
exemptions set forth in this section do not lower the total max hp on which the
BACT requirements are calculated.
(A) On the
compliance date, the vehicle is less than 10 years old from the date of
manufacture.
(B) The vehicle meets
all of the following specialty vehicle criteria:
1. The fleet has turned over all other
vehicles first,
2. No repower is
available for the specialty vehicle, as demonstrated to the Executive
Officer,
3. A used vehicle with a
cleaner engine is not available to serve a function and perform the work
equivalent to that of the specialty vehicle, as demonstrated to the Executive
Officer, and
4. The specialty
vehicle has the highest level PM VDECS installed.
(C) The vehicle had a Level 2 or 3 PM VDECS
installed within the last six years and such VDECS was highest level PM VDECS
at the time of the installation.
(D) The vehicle's engine is equipped with an
original equipment manufacturer diesel particulate filter that came new with
the vehicle, or the vehicle has a Tier 4 interim or Tier 4 final
engine.
(E) The vehicle has the
highest level PM VDECS installed prior to January 1, 2013, except that this
exemption may be applied to no more than 15 percent of a fleet's total hp as of
December 31, 2012.
1. If before January 1,
2013, the fleet has installed the highest level PM VDECS on more than 15
percent of the fleet's December 31, 2012, total hp, the fleet may apply this
exemption to any vehicles with the highest level PM VDECS installed, as long as
the total hp of those vehicles does not exceed the 15 percent exemption
threshold established in section (E) above.
2. The highest level PM VDECS must remain on
the vehicle in order to maintain this exemption. If a VDECS fails, the fleet
must replace the VDECS in accordance with section
2449(e)(1) to
maintain this exemption for the vehicle.
(3)
Exemptions from BACT for Small
Fleets -- For small fleets, a vehicle is exempt from the BACT
requirements of section
2449.1(b)(1) if
it qualifies for one or more of the exemptions set forth in section
2449(e) or meets
one of the conditions listed in section (A) through (D) below. A fleet that
does not meet the fleet average target in section
2449.1(a)(2) must
meet the BACT requirements with the vehicles that do not qualify for an
exemption under either section
2449(e) or this
section, provided that nothing shall require a fleet to apply a VDECS to any
vehicle. Where all of the vehicles in a fleet qualify for an exemption under
either this section or section
2449(e), the
fleet is exempt from the BACT and fleet average requirements in that year. The
exemptions set forth in this section do not lower the total max hp on which the
BACT requirements are calculated.
(A) On the
compliance date, the vehicle is less than ten years old from the date of
manufacture.
(B) The vehicle meets
all of the specialty vehicle criteria described above in section
2449.1(b)(2)(B).
(C) The vehicle's engine is equipped with an
original equipment manufacturer diesel particulate filter that came new with
the vehicle, or the vehicle has a Tier 4 interim or Tier 4 final
engine.
(D) The vehicle's engine
has already been retrofitted with a Level 2 or 3 VDECS that was the highest
level PM VDECS available at the time of installation. An engine with a Level 2
VDECS that was not the highest level VDECS at the time of installation does not
qualify for this exemption.
(4)
Order of BACT
Requirements -- All Tier 0 and Tier 1 engines in a fleet, except those
in vehicles that qualify for an exemption from the BACT requirements, must be
turned over before the turnover of any other higher tier engines may be counted
toward the BACT requirements in section
2449.1(b)(1) or
toward accumulating carryover BACT credit. A fleet may, however, receive
carryover BACT credit per section
2449.1(b)(10) and
2449.1(b)(15) for
a VDECS installed on an engine, regardless of the engine's tier.
(5)
Rounding -- If the hp to
meet BACT requirements under section
2449.1(b)(1) is
less than half of the max hp of the lowest hp engine in the fleet that is
subject to the BACT requirements, the next engine is not required to be turned
over or have a VDECS applied to it. However, on the next year's compliance
date, any hp not accounted for due to this rounding provision must be added to
the BACT requirements under section
2449.1(b)(1).
Once the required hp equals or exceeds half of the max hp of the next engine in
the fleet that is subject to the BACT requirements, the next engine must be
turned over or have a VDECS applied to it.
(6)
Delay Tier 2 Turnover --
All vehicles with a Tier 2 or higher engine are exempt from the BACT
requirements through January 1, 2015 (i.e., the first turnover of or VDECS
installations on Tier 2 or higher engines would be required between January 1,
2015 and December 31, 2015), provided that all Tier 0 and Tier 1 vehicles in
the fleet owner's fleet that do not qualify for an exemption under section
2449.1(b)(2) have
been turned over.
(7)
Delayed Requirements for Early Compliance -- Large fleets are
exempt from the January 1, 2014 performance requirements if the sum of the
fleet's BACT credits on March 1, 2010 exceeded eight percent of the fleet's
March 1, 2009 hp. To determine eligibility, CARB will take the sum of: "Credit
for Early Repowers and Rebuilds to More Stringent Emissions Standards" gained
under 2449.1(b)(13) plus "Credit for Early Replacement" gained under
2449.1(b)(14) plus "Double Credit for Early VDECS Installations" gained under
2449.1(b)(15) plus "Credit for Early Reduced Fleet HP" gained under
2449.1(b)(16) plus BACT credit gained for turnover from March 1, 2009, through
February 28, 2010, that was not accounted for under sections
2449.1(b)(16). If
the sum of these credits exceeds (Total max hp of the fleet on March 1, 2009,
multiplied by 0.08), then the fleet will not be required to meet either the
January 1, 2014, fleet average or the January 1, 2014, BACT requirements. This
provision shall not have the effect of reducing any credit that any fleet would
otherwise have the right to receive in 2014 or in any subsequent year, even if
such credit provided all or part of the basis for a finding that such fleet had
BACT credits on March 1, 2010, in excess of eight percent of such fleet's hp on
March 1, 2009.
(8)
Accumulating Carryover BACT Credit -- Beginning on January 1,
2013 for large fleets, on January 1, 2016 for medium fleets, and on January 1,
2018 for small fleets, a fleet will accumulate carryover BACT credit each year
it exceeds the BACT requirements specified in section
2449.1(b)(1). The
amount of carryover BACT credit (in hp) accumulated is equal to:
(The amount of BACT credit earned in the calendar year
prior to January 1 of the year for which the carryover BACT credit is being
calculated) minus (the amount of BACT credit needed to fulfill the BACT
requirements on January 1 of the year for which the carryover BACT credit is
being calculated).
(9)
Using Carryover BACT Credit -- Except as provided in section
2449.1(b)(16),
accumulated carryover BACT credit may be applied to meeting the BACT
requirements of section
2449.1(b)(1) in a
later year. The amount of carryover BACT credit used to meet the BACT
requirements in any one year is subtracted from the accumulated carryover BACT
credit total, with the remainder being available for use in subsequent years.
The amount of BACT credit earned in a calendar year plus the amount of
carryover BACT credit used must equal or exceed the minimum BACT requirements
described in section
2449.1(b)(1).
(10)
BACT Credit Earned for Turnover,
PM VDECS, and NOx VDECS --
Beginning on January 1, 2013 for large fleets, on January
1, 2016 for medium fleets, and on January 1, 2018 for small fleets, BACT credit
is earned as follows:
(A) For
turnover, as specified in section
2449(c)(65), BACT
credit (in hp) equals:
(Max hp of the vehicle that was turned over).
(B) For a highest level PM VDECS,
BACT credit (in hp) equals:
(Max hp of the vehicle to which the highest level PM VDECS
was applied). PM VDECS that are not the highest level PM VDECS receive no BACT
credit.
(C) For a VDECS
verified to reduce NOx but that is not highest level PM VDECS, BACT credit (in
hp) equals:
(Verified Percent NOx Reduction divided by 60 percent)
multiplied by (Max hp of the vehicle to which the NOx VDECS was
applied).
(D) For a VDECS
verified to reduce NOx and that is also the highest level PM VDECS, or for a
VDECS verified to reduce NOx installed on an engine that also has a highest
level PM VDECS that is verified separately, BACT credit (in hp) equals:
(Verified Percent NOx Reduction divided by 120 percent)
multiplied by (Max hp of the vehicle to which the NOx VDECS was
applied).
This credit is applied in addition to credit for installing
the highest level PM VDECS per section
2449.1(b)(10)(B)
above.
(11)
Excess PM VDECS Credits Used for Compliance with Off-Road and Truck and
Bus Regulations -- For the same fleet owner, excess PM VDECS credits
granted in the regulation for In-Use Off-Road Diesel-Fueled Fleets (Off-Road
regulation) may be used in the Truck and Bus regulation (title 13, CCR section
2025) and excess PM VDECS credits
granted in the Truck and Bus regulation may be used in the Off-Road regulation
before January 1, 2017. Starting January 1, 2017, no credits may be transferred
between the regulations.
(A) Off-Road
generated credits used to comply with the Truck and Bus regulation -- Except
for low-use vehicles (as defined in sections
2449(c)(43) and
(73)) and vehicles that are exempt under
section 2449(e), vehicles
subject to the Off-Road regulation that have Level 3 PM VDECS installed on one
or more engines may generate excess PM VDECS credits to comply with the Truck
and Bus regulation (title 13, CCR, section
2025), as follows:
1. Excess compliance credits under the
Off-Road regulation -- Beginning January 1, 2013, for large fleets, and on
January 1, 2016, for medium fleets, if a fleet earns BACT credit in a calendar
year that exceeds the BACT requirements for that year, the excess BACT credit
earned (i.e., the amount of BACT credit earned above the BACT requirements for
that year, in hp) from the installation of Level 3 PM VDECS may be applied
towards compliance with the Truck and Bus regulation per section
2025 as follows:
(Excess PM VDECS credits to apply towards the Truck and Bus
regulation = [(Total max hp of excess engines with the Level 3 PM VDECS
installed) divided by 300] truncated to a whole number).
If, in an applicable compliance year, no BACT credit is
earned through the installation of Level 3 PM VDECS (for example, if no
vehicles are retrofitted with Level 3 devices that calendar year), no excess PM
VDECS credit will be earned.
The Excess PM VDECS credit earned above may be applied
towards the Truck and Bus regulation each year until the vehicle that generated
the excess PM VDECS credit is 1) needed for compliance with sections
2449.1(a) or (b),
or 2) is retired, sold, scrapped, or otherwise removed from the California
fleet.
If the equation above, before truncation, does not result
in a whole number, any remaining hp with Level 3 PM VDECS not used to generate
excess PM VDECS credit (i.e., the truncated amount) may be used as carryover
BACT credit towards compliance with the Off-Road regulation, or may be
accumulated to generate excess PM VDECS credits in future years.
2. Early PM VDECS installations --
If any small, medium, or large fleet installs Level 3 PM VDECS by the deadlines
shown in section
2449.1(b)(15),
the fleet has the option to either (1) accumulate double carryover credit to be
used towards the BACT requirements of the Off-Road regulation (per section
2449.1(b)(1)), or
(2) to apply single PM VDECS credit towards compliance with the Truck and Bus
regulation.
3. Compliance with the
Off-Road regulation -- Fleet owners that use excess PM VDECS credits towards
compliance with the Truck and Bus regulation (as specified in section (11)(A)1.
and 2. above) shall not count their Level 3 PM VDECS in the fleet average index
calculations in section
2449.1(a) (i.e.,
the VDECS Factor is 1 for these vehicles or engines with the excess Level 3 PM
VDECS), and no BACT credit can be accrued that can be used towards compliance
with the Off-Road regulation for those VDECS. Once the excess PM VDECS credit
can no longer be applied to the Truck and Bus regulation, the Level 3 PM VDECS
that were used to generate the expired excess PM VDECS credit can be returned
to the fleet average index calculations in section
2449.1(a).
(B) Excess Truck and Bus
regulation credits used to comply with the Off-Road regulation -- For each
vehicle that generates an excess PM VDECS credit per Truck and Bus regulation,
a one-time PM VDECS credit may be applied towards compliance with the Off-Road
regulation, as follows: (Excess PM VDECS credit that can be applied towards the
Off-Road regulation (i.e., BACT credit, in hp, to apply towards the Off-Road
regulation) = (Excess PM VDECS credits from the Truck and Bus regulation)
multiplied by 300).
For each additional vehicle that generates a new excess PM
VDECS credit, another one-time excess PM VDECS credit can be applied towards
the Off-Road regulation. Once it is determined, under the Truck and Bus
regulation, that a vehicle can no longer generate excess PM VDECS credits, the
BACT credit earned through this provision, if not previously used, will expire
and can no longer be used by the fleet towards compliance with the Off-Road
regulation.
(12)
Beginning BACT Credit --
All fleets may earn and accumulate BACT credits for taking
early actions in accordance with subparagraphs (13) through (18) below, but
with the exception of such credits for taking early action, all fleets begin
with zero carryover BACT credit on January 1, 2013. To claim credit, fleets
must submit to CARB and retain records as described in sections
2449(g) and
(h).
(13)
Credit for Early Repowers and
Rebuilds to More Stringent Emissions Standards -- Credit for early
repowers can only be claimed for engines that remain in the fleet on the
compliance date that the credit is taken. Fleets that have repowered their
vehicles with Tier 1 or higher engines or rebuilt the engine from a lower Tier
to a Tier 1 or more stringent emissions standard before March 1, 2009, will
accumulate a carryover BACT credit (in hp) equal to: (the max hp of the
vehicles repowered and the engines rebuilt in accordance with the preceding).
Fleets that repower their Tier 0 or Tier 1 vehicles with
Tier 2 or higher engines, or rebuild the engines in their Tier 0 or Tier 1
vehicles to a Tier 2 or more stringent emissions standard, prior to the
following deadlines, will accumulate a carryover BACT credit (in hp) equal to
the max hp of the vehicles repowered and the engines rebuilt in accordance with
the preceding:
(A) Large fleets:
January 1, 2013
(B) Medium fleets:
January 1, 2016
(C) Small fleets:
January 1, 2018
(14)
Credit for Early Replacement -- Fleets that have replaced
their Tier 0 vehicles with Tier 1 or higher vehicles at an average rate greater
than eight percent of total max hp per year between March 1, 2006 and March 1,
2009 will accumulate carryover BACT credit (in hp) equal to: [(Total max hp of
Tier 0 vehicles retired between March 1, 2006 and March 1, 2009) minus (Total
max hp of Tier 0 vehicles added between March 1, 2006 and March 1, 2009) minus
(2 times the total "Credit for Early Reduced Hp" claimed under section
2449.1(b)(16)
below)] minus [(Total max hp of fleet on March 1, 2007 multiplied by 0.08) plus
(Total max hp of fleet on March 1, 2008 multiplied by 0.08) plus (Total max hp
of fleet on March 1, 2009 multiplied by 0.08)]. Tier 0 vehicles repowered with
newer engines are counted under 2449.1(b)(13) above and shall not be counted
under this section.
(15)
Double Credit for Early VDECS Installations -- If fleets
install a highest level PM VDECS or a VDECS verified to reduce NOx, prior to
January 1, 2013 for large fleets, January 1, 2016 for medium fleets, and
January 1, 2018 for small fleets, fleets will accumulate carryover BACT credit
as follows:
(A) For a highest level PM VDECS,
BACT credit (in hp) equals:
2 multiplied by the (Max hp of the vehicle to which the
highest level PM VDECS was applied).
PM VDECS that are not the highest level PM VDECS receive no
BACT credit.
(B) For a
VDECS verified to reduce NOx but that is not highest level PM VDECS, BACT
credit (in hp) equals:
2 multiplied by (Verified Percent NOx Reduction divided by
60 percent) multiplied by the (Max hp of the vehicle to which the NOx VDECS was
applied).
(C) For a VDECS
verified to reduce NOx and that is also the highest level PM VDECS, or for a
VDECS verified to reduce NOx installed on an engine that also has a highest
level PM VDECS that is verified separately, BACT credit (in hp) equals:
2 multiplied by the (Verified Percent NOx Reduction divided
by 120 percent) multiplied by (Max hp of the vehicle to which the NOx VDECS was
applied).
This credit is applied in addition to credit for installing
the highest level PM VDECS per section
2449.1(b)(15)(A)
above.
(16)
Credit for Early Reduced Fleet Hp -- Fleets that reduce
overall hp from March 1, 2006, to March 1, 2010, accumulate carryover BACT
credit (in hp) equal to 0.5 multiplied by the following: [(Total max hp of the
fleet on March 1, 2006, including low-use vehicles) minus (Total max hp of the
fleet on March 1, 2010, including low-use vehicles)].
In accordance with section
2449.1(b)(9),
large fleets may use any such credit to meet the BACT requirements in section
2449.1(b)(1)
beginning with the January 1, 2015 BACT requirements, or in any subsequent
year. Notwithstanding section
2449.1(b)(9),
large fleets may not use credit from this provision to meet the BACT
requirements in section
2449.1(b)(1) for
the initial compliance year for large fleets, which is the January 1, 2014,
compliance deadline. For example, if a fleet accumulated BACT credit by
reducing hp from March 1, 2006, to March 1, 2010, and also accumulated BACT
credit from repowers during the same period, the fleet could apply the repower
credit toward their January 1, 2014, BACT requirements, but could not apply the
credit from reduced hp under this provision to their January 1, 2014, BACT
requirements. The fleet could apply the credit from reduced hp under this
provision to their January 1, 2015, BACT requirements, as well as any future
year until such credits are expended.
(17)
Credit for 2010 to 2011 Reduced
Fleet Hp -- Fleets that reduce their overall hp from March 1, 2010,
through February 28, 2011, will accumulate carryover BACT credit (in hp) equal
to:
(Total max hp of the fleet on March 1, 2010, including
low-use vehicles) minus (Total max hp of the fleet on February 28, 2011,
including low-use vehicles).
(18)
Credit for Interim Replacement
and Retirement -- Fleets that replace or retire over eight percent of
the fleet's total max hp in Tier 0 and Tier 1 vehicles in any one year during
the specified periods below will accumulate carryover BACT credit (in hp) equal
to:
(Combined total of max hp of Tier 0 and Tier 1 vehicles
retired over the year) minus (Combined total of max hp of Tier 0 or Tier 1
vehicles added over the year) minus [(Total max hp of fleet at the end of the
year) multiplied by 0.08].
In each year, the replacement or retirement of vehicles
will be summed from January 1 through December 31 of that year, excepting 2011,
during which the replacement or retirement will be summed from March 1 through
December 31. Fleets shall exclude vehicles repowered or rebuilt to a more
stringent emissions standard in each year (that earned BACT credit per section
2449.1(b)(13)),
from all such calculations. For the purposes of this provision, Tier 0 and Tier
1 vehicles that are replaced must be replaced with Tier 2 or higher vehicles in
order to accumulate BACT credit.
(A)
Large fleets: March 1, 2011 through December 31, 2012
(B) Medium fleets: March 1, 2011 through
December 31, 2015
(C) Small fleets:
March 1, 2011 through December 31, 2017
(c)
Tier Phase-Out
Requirements
All fleets must comply with the Tier phase-out requirements
described in sections
2449.1(c)(1) through
(3) below.
Any special provision vehicle, as described in section
2449(e), with an
engine that is subject to these Tier phase-outs must be designated as a special
provision vehicle by December 31 of the year prior to the Tier phase-out's
effective date for that vehicle and fleet.
(1)
Tier Phase-Out for Large
Fleets
(A) Beginning January 1,
2024, a large fleet shall not operate any vehicle with a Tier 0 engine or a
model year 1994 or earlier on-road engine in California.
(B) Beginning January 1, 2026, a large fleet
shall not operate any vehicle with a Tier 1 engine or a model year 1999 or
earlier on-road engine in California.
(C) Beginning January 1, 2028, a large fleet
shall not operate any vehicle with a Tier 2 engine or a model year 2003 or
earlier on-road engine in California.
(2)
Tier Phase-Out for Medium
Fleets
(A) Beginning January 1,
2026, a medium fleet shall not operate any vehicle with a Tier 0 engine or a
model year 1994 or earlier on-road engine in California.
(B) Beginning January 1, 2028, a medium fleet
shall not operate any vehicle with a Tier 1 engine or a model year 1999 or
earlier on-road engine in California.
(C) Beginning on January 1, 2030, a medium
fleet shall not operate a vehicle with a Tier 2 engine or a model year 2003 or
earlier on-road engine in California.
(3)
Tier Phase-Out for Small
Fleets(A) Beginning on January 1,
2028, a small fleet shall not operate a vehicle with a Tier 0 engine or a model
year 1994 or earlier on-road engine in California.
(B) Beginning on January 1, 2030, a small
fleet shall not operate a vehicle with a Tier 1 engine or a model year 1999 or
earlier on-road engine in California.
(C) Beginning January 1, 2032, a small fleet
shall not operate any vehicle with a Tier 2 engine or a model year 2003 or
earlier on-road engine in California.
(4)
Tier Phase-Out for Permanent
Low-Use Vehicles and Job Corps Vehicles
Beginning on January 1, 2036, a fleet shall not operate a
vehicle designated as permanent low-use or as a Job Corps vehicle with a Tier 0
engine or a model year 1994 or earlier on-road engine in California.
(5)
Optional Tier 2-Phase
Out for Fleets with 500 HP or Less
Fleets that choose to comply with the requirements of
2449(e)(16) are not subject to the small fleet Tier 2 engine phase-out
requirements in section
2449.1(c)(3)(C)
above. Instead, beginning January 1, 2036, these fleets shall not operate a
vehicle with a Tier 2 engine or a model year 2003 or earlier on-road engine in
California.
(d)
Delay of Tier Phase-Outs for Addition of Zero-Emission
Vehicles
For each zero-emission vehicle a fleet adds to its fleet on
or after January 1, 2024, the fleet may delay the Tier phase-out in section
2449.1(c) for one
existing vehicle with a Tier 1 or Tier 2 engine in its fleet for two years, if
all of the following conditions are met during those two years:
(1) Requirements for zero-emission vehicle:
(A) The zero-emission vehicle added to the
fleet must be operated by the fleet, perform a function and work equivalent to
that of a diesel vehicle, and be used for a purpose for which diesel vehicles
are predominantly used in the fleet;
(B) The zero-emission vehicle added to the
fleet is used predominately outdoors;
(C) The zero-emission vehicle added to the
fleet has a maximum power rating of 25 hp or greater;
(D) The zero-emission vehicle added to the
fleet is purchased and placed in service prior to the year in which the Tier
phase-out for the vehicle with a Tier 1 or Tier 2 engine takes effect, and
remains in the fleet for the two years that the Tier 1 or Tier 2 engine is
receiving the delay of the Tier phase-out;
(E) The zero-emission vehicle is labeled in
accordance with section
2449(f);
and
(F) The zero-emission vehicle
is of similar max power rating to the vehicle with a Tier 1 or Tier 2 engine to
which the delay in Tier phase-out will apply, and is within the following
categories: 25-174 hp, 175-599 hp, 600 hp and above.
(2) For each zero-emission vehicle, fleets
must report the following information to CARB by December 31 of the year prior
to the year in which the Tier phase-out for the fleet's vehicle with a Tier 1
or Tier 2 engine will take effect:
(A) Vehicle
type;
(B) Vehicle
manufacturer;
(C) Vehicle
model;
(D) Vehicle model
year;
(E) Vehicle serial
number;
(F) Motor
manufacturer;
(G) Motor
model;
(H) Motor model
year;
(I) Motor serial
number;
(J) Max power
rating;
(K) Purchase date;
and
(L) Vehicle in-service
date.
(3) Fleets must
annually verify that the information in section
2449.1(d)(2)
above remains accurate and report any changes to the operation of the
zero-emission vehicle, including the date the vehicle leaves the fleet, if
applicable, in accordance with the annual reporting requirements in section
2449(g)(2).
(4) By December 31 of the year prior to the
year in which the Tier phase-out for the fleet's vehicle with a Tier 1 or Tier
2 engine will take effect, the fleet must report to CARB the fleet's vehicle
with a Tier 1 or Tier 2 engine to which the two-year delay to the Tier
phase-out will apply. The vehicle with a Tier 1 or Tier 2 engine must have been
reported to CARB as being in the fleet prior to January 1, 2023, to be eligible
for the delay of the Tier phase-out.
(e)
Alternate Compliance Pathway
through Zero-Emission Technology
A fleet may request to follow the requirements set forth in
this section
2449.1(e) instead
of the requirements in sections
2449.1(a), (b), and
(c). If a fleet requests to follow this
section 2449.1(e) but
does not meet any requirement in this section
2449.1(e) at any
time, then the fleet must come into compliance with the requirements in
sections 2449.1(a), (b), and
(c) by January 1 of the subsequent calendar
year.
(1)
Requirements for
Participation
To utilize the alternate compliance pathway, a fleet
must:
(A) Be in compliance with
sections 2449 and
2449.1(a), (b), (c), and
(f) of this regulation at the time of
requesting the use of this alternate compliance pathway; and
(B) Continue to maintain compliance with
section 2449 and section
2449.1(f) of this
regulation; and
(C) Commit to
completing the Zero-Emission Technology Application (ZETA) project as described
in section
2449.1(e)(2).
(2)
Zero-Emission
Technology Application
A fleet that requests to comply using this alternate
compliance pathway must submit a complete ZETA to CARB. The ZETA must include
all of the following:
(A) Fleet name,
DOORS fleet ID number, and contact information, including name; email; and
telephone number, for correspondence regarding the ZETA.
(B) A description of what actions the fleet
will take in order to achieve zero-emission operations and in what timeframe.
At a minimum, the fleet must:
1. Remove from
the fleet at least 15 percent of the fleet's total horsepower or the total
horsepower of the vehicles operating at a single facility per section
2449.1(e)(4) and
replace it with zero-emission vehicles or technology that creates
zero-combustion emissions at the job site by January 1, 2030; and
2. Remove from the fleet at least 50 percent
of the fleet's total horsepower or the total horsepower of the vehicles
operating at a single facility per section
2449.1(e)(4) and
replace it with either zero-emission vehicles or technology that creates zero
combustion emissions at the job site by January 1, 2035.
(C) A list of all vehicles, including their
EINs, that will be removed from operation;
(D) A list of zero-emission vehicles that the
fleet proposes to add to its fleet, including each vehicle's manufacturer and
model, if known, or a detailed description of the technology that the fleet
proposes to replace the diesel vehicles;
(E) Attest that it meets and agrees to all
eligibility requirements outlined in section
2449.1(e)(1);
(F) A list of all known entities that the
fleet plans to partner with to complete its ZETA project, as well as a
description of the role that the entity will have in the fleet's ZETA
project;
(G) A description of the
total power need or other fueling needs of the zero-emission vehicles or
technology, as necessary, to complete the ZETA project;
(H) A detailed list of milestones and
expected completion dates for implementing the actions the fleet will take in
order to achieve zero-emission operations. The list of milestones must include:
1. Identification of all permits necessary to
achieve completion of the ZETA, if applicable;
2. Submission of permit applications
identified above, if applicable;
3.
Approval of permit applications identified above, if applicable;
4. Utility or other fueling infrastructure
engagement, including a report on power quality from the utility if the project
includes the need for electric vehicle supply equipment;
5. Entering contracts or other agreements
with technology providers or other partners;
6. Making vehicle purchase orders;
7. Vehicle deployments;
8. Start of infrastructure
installation;
9. Completion of
infrastructure installation; and
10. Removal of diesel vehicles from fleet
operations; and
(I) A
commitment to do the following:
1. Replace all
Tier 0, 1, and 2 vehicles by the end of completion of the ZETA project, or by
January 1, 2035, whichever occurs first;
2. Submit annual updates to CARB (utilizing
the same process described in section
2449.1(e)(3)
below) that describe the actions taken to meet each milestone outlined in the
ZETA, including which milestones have been completed and a description of any
outstanding issues or challenges the fleet may be facing in completing a
particular milestone. These updates must be submitted by January 31 of each
year for the previous calendar year's information. The updates must include
evidence of the actions taken to meet each milestone outlined in the ZETA,
which includes, if applicable, written descriptions of actions taken along with
dates of those actions, purchase orders, invoices, permitting documents, lease
agreements, communications with project partners, cover pages of executed
contracts, photographs of deployed vehicles and infrastructure, and sale or
disposal receipts of the removed diesel vehicles. CARB shall review these
annual updates by April 30 of each year to determine which of the following
potential outcomes applies to the fleet:
a.
If all milestones for that calendar year have been completed, the ZETA project
will continue without adjustments;
b. If all milestones for that calendar year
have not been completed but actions have been taken towards completion of each
milestone and are described in the annual update, or at least one milestone
from that calendar year has been completed, then CARB will notify the fleet by
April 30 of that year if revisions to the ZETA are needed to ensure the ZETA
project is successful, after which the fleet must submit a revised ZETA within
30 days of CARB's notification. CARB will then follow the review and approval
process outlined in section
2449.1(e)(3),
excluding section
2449.1(e)(3)(B),
for the revised ZETA; or
c. If
there is any milestone within that calendar year for which the fleet has taken
no actions towards completion, and no milestones for that calendar year have
been completed, CARB shall revoke ZETA approval. If the fleet's ZETA approval
is revoked, the fleet must come into compliance with the requirements in
section 2449.1(a), (b), and
(c) by January 1 of the subsequent calendar
year.
(3)
ZETA Process for Submittal,
Review, and Approval(A) The ZETA
must include all the elements outlined in section
2449.1(e)(2).
Only a ZETA including all these elements will be accepted by CARB.
(B) A fleet must submit its ZETA at least
four months prior to the next compliance date for which the fleet is looking to
receive compliance flexibility for section
2449.1(a), (b), or
(c).
(C) The fleet shall submit its ZETA to CARB
using the following methods:
1. By mail to
CARB at the address listed immediately below:
CALIFORNIA AIR RESOURCES BOARD
MOBILE SOURCE CONTROL DIVISION (IN-USE OFF-ROAD
DIESEL)
P.O. BOX 2815
SACRAMENTO, CA 95812, OR
2. Electronically submitted to the
DOORS@arb.ca.gov email address.
(D) CARB shall review the ZETA within 60 days
of submittal by the fleet.
(E) If
the fleet meets the requirements outlined in section
2449.1(e)(1) and
2449.1(e)(2),
then CARB's Executive Officer will issue a letter approving the ZETA that
includes the following:
1. A statement that if
the fleet continuously adheres to section
2449.1(e), then
the fleet will not be subject to the requirements outlined in sections
2449.1(a), (b), and
(c) of this regulation. If the fleet submits
an application for vehicles operating at a single facility per section
2449.1(e)(4),
then this statement will only include an exemption for those vehicles operating
at that facility;
2. A schedule for
annual updates consistent with section
2449.1(e)(2)(I)2.;
3. A statement that if the approved ZETA's
milestones are not met, CARB will follow the process outlined in section
2449.1(e)(2)(I)2.;
and
4. A statement that if the
approved ZETA's milestones are not met and CARB revokes the ZETA approval, then
the fleet must come into compliance with the requirements in sections
2449.1(a), (b), and
(c) of this regulation by January 1 of the
subsequent calendar year.
(4)
Participation for Vehicles
Operating at a Single Facility
A fleet may also request to follow the requirements of
section 2449.1(e) for all
of the fleet's vehicles that operate at a single facility. The vehicles
operating at the single facility will be subject to the requirements of section
2449.1(e) instead
of the requirements in sections
2449.1(a), (b), and
(c). All vehicles that are not operating at
the single facility will be subject to the requirements in sections
2449.1(a), (b), and
(c). The vehicles operating at the single
facility are not included when calculating fleet average indices or target
rates in 2449.1(a), or when calculating the required hp for the BACT
requirements in section
2449.1(b).
(A) Additional Reporting
For a fleet that requests to use 2449.1(e) for vehicles
operating at a single facility, the fleet must also provide the following
information:
1. Location of the
facility, including physical and mailing address, as part of the
ZETA;
2. A list of all vehicles,
including EINs, operating at the facility at the time of ZETA submittal, as
part of the ZETA; and
3. An updated
list of all vehicles, including EIN's, operating at the facility at the time of
the annual updates submitted to comply with 2449.1(e)(2)(I).
(f)
Renewable Diesel Requirements
(1) Beginning January 1, 2024, all fleets
subject to this regulation are required to procure R99 or R100 renewable diesel
and use this fuel in all vehicles subject to this regulation, including rental
equipment, when operating them in California, subject to the exemptions
provided in section
2449.1(f)(2)
below.
(2) The following are exempt
from the renewable diesel requirements in section
2449.1(f)(1):
(A) Any fleet or fleet portion that is
designated as a captive attainment area fleet, as described in section
2449(c)(6); or
any vehicle while it is operating in one of the counties listed under the
definition of a captive attainment area fleet in section
2449(c)(6);
(B) Any fleet or fleet portion that is
comprised entirely of vehicles with Tier 4 final engines, model year 2010 or
newer on-road engines, or zero-emission vehicles;
(C) Any fleet, fleet portion, or vehicle that
is located or operated in a location where the 10th percentile minimum ambient
air low temperature in January drops below 20 degrees Fahrenheit (20° F) is
exempt from the renewable diesel requirements in section
2449.1(f)(1)
solely for the months of November, December, January, and February. These
fleets or vehicles may use a low temperature-specific diesel fuel while that
fleet or vehicle is located or operating in that location. Fleets utilizing
this exemption may procure low-temperature-specific diesel fuel from October 15
through the end of February and may continue to use excess
low-temperature-specific diesel procured during this time period. Fleets may
not continue to procure low temperature-specific diesel fuel after the end of
February through October 14. All fleets utilizing this exemption must report to
CARB in accordance with section
2449(g)(5)(A);
and
(D) Any fleet, fleet portion,
or vehicle that is located or operated in a location where the temperature
drops below 20° F or a commercial or government-provided local weather
forecast predicts temperatures to drop below 20° F may use and procure low
temperature-specific diesel fuel for the period of days in which the
low-temperature condition(s) occurs. The temperature forecast must occur within
14 days from the first day in which the low-temperature condition(s) occurs.
After the low-temperature condition(s) end, the fleet may use the remaining
excess low temperature-specific diesel in the vehicle until the next refueling
of the vehicle. All fleets utilizing this exemption must report to CARB in
accordance with section
2449(g)(5)(B).
(3) If a portion of a fleet is
unable to procure R99 or R100 renewable diesel through its normal refueling
methods, where a fleet's preference for a specific distributor or a specific
brand is not considered a necessary component of its normal refueling method,
those vehicles for which R99 or R100 renewable diesel could not be procured are
not required to comply with Section
2449.1(f)(1) if
the fleet maintains documentation, in accordance with the record keeping
requirements described in section
2449(h), that
includes:
(A) A description of the fleet's
normal refueling methods, taking into account factors such as the location of
the job site, storage site, and retail station refueling;
(B) A description of the fleet's attempts to
obtain R99 or R100 renewable diesel and continued attempts to obtain R99 or
R100 renewable diesel, at a minimum, on a quarterly basis or when vehicles move
to a new job site; and
(C)
Documentation showing the inability to procure R99 or R100 renewable diesel,
such as communications from fuel providers, contract bids, or maps of refueling
stations near a job site.
(4) Fleets that provide for rent vehicles
subject to this regulation to other entities must include language in their
rental contract that the recipient of the rented vehicle (renter) must comply
with the renewable diesel requirements in section
2449.1(f). Rental
fleets that include such language in their rental contracts will not be held
liable if a rented vehicle under their ownership is not compliant with section
2449.1(f). If
CARB requests information from a rental fleet to verify compliance with the
renewable diesel requirements in section
2449.1(f), then
the rental fleet must disclose the relevant renter's company name and business
contact information to CARB within 5 days of CARB's request.
1. New
section filed 5-16-2008; operative 6-15-2008 (Register 2008, No.
20).
2. Amendment of section and NOTE filed 12-31-2009; operative
12-3-2009 pursuant to Government Code section 11343.8 and Health and Safety
Code section 43018.2 (AB2x 8). In accordance with Health and Safety Code
section 43018.2(b), this regulatory action is exempt from the APA and OAL
review. Submitted to OAL for printing only (Register 2010, No.
1).
3. Amendment of subsection (a)(2)(A)5. filed 12-31-2009;
operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2010,
No. 1).
4. Amendment of section and NOTE filed 7-16-2010; operative
8-15-2010 (Register 2010, No. 29).
5. Amendment filed 12-14-2011;
operative 12-14-2011 pursuant to Government Code section 11343.4 (Register
2011, No. 50).
6. Amendment of section and NOTE filed 8-18-2023;
operative 10-1-2023 (Register 2023, No. 33).
Note: Authority cited: Sections 39002, 39003, 39515,
39516, 39600, 39601, 39602, 39602.5, 39730.8(c), 40000, 41511, 43000, 43000.5,
43013, 43016, 43018, 43018.2 and 43600, Health and Safety Code. Reference:
Sections 39000, 39002, 39003, 39515, 39516, 39600, 39601, 39602, 39602.5,
39650, 39656, 39657, 39658, 39659, 39665, 39667, 39730.8(c), 43000, 43000.5,
43013, 43016, 43018, 43018.2, 43600, 43865 and 43866, Health and Safety
Code.
