State of California

AIR RESOURCES BOARD

EXECUTIVE ORDER R-11-015

Adoption of Amendments to the Heavy-Duty Vehicle Greenhouse Gas Emission 

Reduction Measure

WHEREAS, on December 17, 2010, the Air Resources Board (the Board or ARB) 

conducted a public hearing after issuance of a Notice of Public Hearing (45-Day Notice) 

to consider the adoption of amendments to the “Regulation to Reduce Emissions of 

Diesel Particulate Matter, Oxides of Nitrogen and Other Criteria Pollutants from In-Use 

Heavy-Duty Diesel-Fueled Vehicles (Truck and Bus regulation), title 13, California Code 

of Regulations (Cal. Code Regs.), section 2025; the Heavy-Duty Vehicle Greenhouse 

Gas (GHG) Emission Reduction Measure (Tractor-Trailer GHG regulation), title 17, Cal. 

Code Regs., sections 95301 to 95309, 95311, and 95312; and the regulation for In-Use 

On-Road Heavy-Duty Diesel-Fueled Drayage Trucks at Ports and Intermodal Rail Yard 

Facilities (Drayage Truck regulation), title 13, Cal. Code Regs., section 2027;

WHEREAS, the California Environmental Quality Act (CEQA) requires that no project 

which may have significant adverse environmental impacts may be adopted as 

originally proposed if feasible alternatives or mitigation measures are available to 

reduce or eliminate such impacts, unless specific overriding considerations are 

identified which outweigh the potential adverse consequences of any unmitigated 

impacts;

WHEREAS, CEQA allows public agencies to prepare a plan or other written

documentation in lieu of an environmental impact report or negative declaration (i.e., a 

functional equivalent environmental document), once the Secretary of the Resources 

Agency has certified an agency's regulatory program pursuant to section 21080.5 of the 

Public Resources Code;

WHEREAS, pursuant to section 21080.5 of the Public Resources Code, the Secretary 

of the Resources Agency has certified that portion of the ARB’s regulatory program that

involves the adoption, approval, amendment, or repeal of standards, rules, regulations, 

or plans;

WHEREAS, ARB’s certified regulatory program provides that when an action 

contemplated by the Board may have a significant effect on the environment, ARB staff 

shall prepare a staff report that shall contain a description of the proposed action, an 

assessment of anticipated significant long or short-term adverse and beneficial 

environmental impacts associated with the proposed action and a succinct analysis of 

those impacts, which shall include a discussion of feasible mitigation measures and 

alternatives to the proposed action; 
Executive Order R-11-015 -2-

WHEREAS, concurrent with publication of the 45-Day Notice, ARB issued an Initial 

Statement of Reasons (Staff Report) that included an environmental analysis that 

addressed potential long and short-term environmental impacts related to the proposed 

amendments;

WHEREAS, at the December 17, 2010 public hearing, the Board adopted 

Resolution 10-46 (a copy of which is attached hereto as Attachment 1), which directed 

the Executive Officer to adopt the amendments initially proposed by staff in the Cal.

Code of Regs., title17, sections 95301 to 95309, 95311, and 95312, and to determine if 

additional modifications to the originally proposed amendments were appropriate, and if 

the Executive Officer did so determine, to make the modified regulatory language 

available for public comment for a period of 15 days, that he consider written comments 

submitted during the 15-day comment period, make such further modifications as may 

be appropriate in light of the comments received, and that he should return to the Board 

for further consideration if he determines that this is warranted;

WHEREAS, Resolution 10-46 also directed the Executive Officer to prepare and 

approve written responses to comments received, including comments raising 

significant environmental issues, as required by Government Code section 11346.9, 

Public Resource Code section 21080.5(d)(2)(D), and Cal. Code Regs., title 17, 

section 60007, determine whether there are feasible alternatives or mitigation measures 

that could be implemented to reduce or eliminate any potential adverse environmental 

impacts, while at the same time addressing the serious economic recession and its 

impact on industry and residents of the State, make findings as required by Public 

Resources Code section 21081 if the proposed amendments would result in one or 

more significant adverse environmental effects, and take final action to adopt the 

proposed amendments to the Tractor-Trailer GHG regulation, as modified by any 

additional conforming modifications that were appropriate and that were publicly noticed 

15-day changes;

WHEREAS, on August 4, 2011, ARB issued the modified regulation, reflecting 

conforming modifications, which were made available for public comment for a period of 

15-days, with the changes to the originally proposed text clearly indicated, in 

accordance with the provisions of title 1, Cal. Code of Regs., section 44 (15-Day 

Notice);

WHEREAS, pursuant to section 11346.9 of the Government Code, ARB staff prepared 

a Final Statement of Reasons (a copy of which is attached hereto as Attachment 2) that 

responded to comments received by ARB during this rulemaking and further addressed 

the effect of the amendments, as modified by the 15-Day Notice, on the environment; 

WHEREAS, among the comments received were comments that raised potentially 

significant environmental issues for which responses have been prepared by staff and 

reviewed by the Executive Officer; and
Executive Order R-11-015 -3-

WHEREAS, the Executive Officer has reviewed the amendments as modified by the 

15-Day Notice, considered whether such amendments had a potential significant 

environmental effect, and, if so, whether such an effect can be reduced or eliminated by 

adoption of feasible alternatives to the amendments or mitigation measures; 

NOW, THEREFORE, IT IS ORDERED that the recitals and findings contained in 

Resolution 10-46, Attachment 1, are incorporated by reference herein.

IT IS FURTHER ORDERED that I hereby certify that the environmental analysis

prepared as part of the Staff Report for the amendments to the Tractor-Trailer GHG

regulation and updated in the Final Statement of Reasons, was prepared in accordance 

with the requirements of ARB's certified regulatory program under CEQA.

IT IS FURTHER ORDERED that I hereby approve each of the written responses to 

comments raising significant environmental issues in this rulemaking, as set forth in 

Attachment 2.

IT IS FURTHER ORDERED that after fully considering the amendments as modified by 

the 15-Day Notice, the environmental analysis, and the full record before me, I find that:

The amendments will not result in any adverse impacts to the environment, as 

they will not impact the 2020 GHG emission benefits resulting from the existing 

Tractor-Trailer GHG regulation.

Although in the short term, the amendments will result in some foregone GHG 

emission benefits that would have been achieved absent the amendments to the 

regulation, the amendments, in the long-term will result in GHG emission benefits 

at least equal to the initially adopted regulation.

Because no adverse environmental impacts were identified as resulting 

from implementing the amendments to Tractor-Trailer GHG regulation, no 

mitigation measures, findings or statement of overriding considerations 

are required.

IT IS FURTHER ORDERED, the amendments to Cal. Code Regs., title 17, 

sections 95301 to 95309, 95311, and 95312, as set forth in the Final Regulation

Order, which is attached hereto as Attachment 3, are adopted.
Executive Order R-11-015 -4-

IT IS FURTHER ORDERED that the adopted regulatory text may be further 

revised with nonsubstantial or grammatical changes, which will be added to the 

rulemaking record and indicated as such.

Executed this 26th day of October 2011, at Sacramento, California.

/s/

_________________________

James N. Goldstene

Executive Officer

Attachment