TITLES 13 AND 17. CALIFORNIA AIR RESOURCES BOARD 

NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF PROPOSED 

AMENDMENTS TO THE REGULATION TO REDUCE EMISSIONS OF DIESEL 

PARTICULATE MATTER, OXIDES OF NITROGEN AND OTHER CRITERIA 

POLLUTANTS FROM IN-USE ON-ROAD DIESEL-FUELED VEHICLES, THE 

HEAVY-DUTY VEHICLE GREENHOUSE GAS EMISSION REDUCTION MEASURE, 

AND THE REGULATION TO CONTROL EMISSIONS FROM IN-USE ON-ROAD 

DIESEL-FUELED HEAVY-DUTY DRAYAGE TRUCKS AT PORTS AND 

INTERMODAL RAIL YARD FACILITIES 

The Air Resources Board (ARB or Board) will conduct a public hearing at the time and 

place noted below 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 95307, 

95309, and 95311; 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. This notice summarizes the specific 

amendments being proposed. The staff report (Initial Statement of Reasons) presents 

the proposed amendments and information supporting the amendments of the 

regulations in greater detail. 

 DATE: December 16, 2010 

 TIME: 9:00 a.m. 

 PLACE: California Environmental Protection Agency 

Air Resources Board 

Byron Sher Auditorium 

1001 I Street 

Sacramento, California 95814 

This item may be considered at a two-day meeting of the Board, which will commence 

at 9:00 a.m., December 16, 2010, and may continue at 8:30 a.m., December 17, 2010. 

This item may not be considered until December 17, 2010. Please consult the agenda 

for the hearing, which will be available at least ten days before December 16, 2010, to 

determine the day on which this item will be considered. 
2 

INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT 

OVERVIEW

A. Sections Affected 

Proposed amendments to California Code of Regulations., title 13, section 2025, Truck 

and Bus regulation; California Code of Regulations., title 17, sections 95301, 95302, 

95303, 95304, 95305, 95306, 95307, 95309, and 95311 Tractor-Trailer GHG regulation; 

and California Code of Regulations., title 13, section 2027, Drayage Truck regulation. 

B. Background:

1. Introduction

The amendments to the Truck and Bus regulation are being proposed to provide 

heavy-duty truck and bus fleets with additional flexibility in response to a recent analysis 

that shows that vehicle activity and emissions are below the levels estimated when the 

Truck and Bus regulation was initially adopted. Amendments to the Truck and Bus 

regulation are further being proposed to align the regulation with amendments being 

proposed to the Drayage Truck regulation that address concerns about localized 

exposure in communities near ports and intermodal rail yards. Staff is also proposing to 

amend the existing Tractor-Trailer GHG regulation to provide affected fleets with 

additional flexibility in meeting the requirements, to ease their burden of compliance, 

and in some cases to reduce compliance costs, with minimal impact on the GHG 

benefits as initially approved. 

2. Truck and Bus Regulation

On December 11, 2008, the Board approved the Truck and Bus regulation to reduce 

emissions of diesel particulate matter (diesel PM), oxides of nitrogen (NOx), and other 

criteria pollutants from nearly one million in-use diesel trucks and buses that operate in 

California. The reductions were adopted to meet State and federal air quality 

standards. The regulation, as adopted, supported the Risk Reduction Plan to Reduce 

Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles, which the 

Board adopted on September 30, 2000. The regulation, when implemented, would 

require the installation of exhaust retrofits to reduce emissions from existing engines, 

and accelerate the introduction of cleaner engines into fleets that operate in California. 

The Truck and Bus regulation was approved by Resolution 08-43, which among other 

things directed staff to monitor the economy and report to the Board in December 2009 

on the impact of the recession on emissions and affected fleets. At the December 2009 

Board Hearing, staff presented the results of an analysis that showed that vehicle 

activity and emissions were below the levels estimated when the regulation was 

developed and that 2014 emission goals could now be met with fewer emission 

reductions from heavy-duty vehicles. The Board then determined that additional 

flexibility could be provided for fleets adversely affected by the economy and directed 

staff to propose amendments to the regulation that take into account the impacts of the 

economy on emissions and provide relief to affected fleets. In April 2010, the Board 

further directed staff to consider the impact of the recession and emission inventory 
3 

changes from both on-road and off-road diesel vehicles, and to provide regulatory relief 

to fleets affected by the Truck and Bus regulation and/or the In-Use Off-Road Diesel 

Vehicle regulation such that any appropriate economic relief could be targeted most 

cost effectively between the two regulations, and staff could ensure the combined 

emissions benefits achieved by the two regulations would continue to meet state 

implementation plan (SIP) requirements for the combined SIP categories. Staff will be 

proposing amendments to the Off-Road regulation at the December 16 and 17, 2020 

Board Hearing when it considers amendments to the Truck and Bus regulation.1 

In considering changes to the Truck and Bus regulation staff is also proposing changes 

to the requirements of the Drayage Truck regulation to address many of the same 

issues directed by the board and to better align the requirements of the two regulations. 

Finally, in December 2008, by Resolution 08-43, the Board approved amendments to 

bring two-engine sweepers under the Truck and Bus regulation. 

Applicability 

The Truck and Bus regulation, as originally adopted, applies to any person, business, 

or federal government agency that owns, operates, or sells, heavy-duty diesel-fueled 

vehicles with a manufacturer’s gross vehicle weight rating (GVWR) greater than 

14,000 pounds, two-engine sweepers, yard trucks with on-road or off-road engines and 

diesel-fueled shuttle vehicles of any GVWR that have a capacity of ten or more 

passengers, and routinely drive an average of ten trips per day to or from airport 

terminals, marine terminals, and rail-based stations. Drayage trucks and utility-owned 

vehicles are respectively subject to the Truck and Bus regulation beginning 

January 1, 2017 and January 1, 2021. The regulation applies to vehicles that operate in 

the State whether or not the vehicle is registered in California. The regulation does not 

apply to various heavy-duty vehicles, including military tactical support vehicles, 

authorized emergency vehicles, personal-use motor homes, and personal-use vehicles 

with pick-up beds, and vehicles subject to the Mobile Cargo Handling Equipment 

regulation, title 13, Cal. Code Regs., section 2479, as well as vehicles covered under 

other ARB regulations (see title 13, Cal. Code Regs., section 2025(c). 

Fleet Requirements 

The regulation, as originally adopted, requires owners to upgrade their fleets to meet 

specific PM and NOx performance standards defined as best available control 

technology or BACT. The BACT standard for PM is an engine equipped with the 

highest level verified diesel emission control strategy (VDECS2

) for PM (also referred to 

as a PM filter) or an engine originally equipped with a diesel particulate filter by the 

 

1

 Notice of Public Hearing to Consider Proposed Amendments to the Regulation for In-Use 

Off-Road Diesel-Fueled Fleets and Off-Road Large Spark Ignition Engine Fleet 

Requirements. December 16, 2010. 

2

 A retrofit device that has been verified under ARB’s Verification Procedure, Warranty and 

In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel 

Engines, title 13, Cal. Code Regs., sections 2700 et seq. 
4 

engine manufacturer. The BACT standard for NOx is an engine newly manufactured in 

2010 or later or a 2010 emissions equivalent engine. 

Fleets could meet the annual requirements by retrofitting vehicles with a VDECS that 

would achieve PM or NOx reductions or both as required, replacing vehicles with newer, 

cleaner ones, or replacing existing engines with cleaner engines. Fleets could also 

retire older vehicles, or operate higher emitting vehicles less often, designating them as 

low-use vehicles. 

Starting January 1, 2011, fleets are required to install PM filters for certain engine model 

years and to begin accelerating engine or vehicle replacement starting January 1, 2013. 

The adopted regulation anticipates that by 2014, half of all vehicles in the fleet would 

have 2010 model year (MY) or newer engines and the remainder of the fleet would have 

engines equipped with PM filters. After 2014, fleets are required to phase-in additional 

2010 MY or newer engines so that by 2023 all engines would have 2010 or later MY 

engines or be retrofitted to achieve equivalent emission reductions. 

Each year fleets must demonstrate compliance by meeting one of the regulation’s three 

compliance options: 

1. Comply with a BACT schedule that prescribes which vehicles must be 

equipped with VDECS or replaced based on engine MY; or 

2. Meet a BACT percent limit option that sets the minimum number of PM filters 

and the minimum number of 2010 or equivalent engines in the fleet each 

year; or 

3. Meet specified fleet average emission rate targets. 

The regulation includes a number of special provisions that delay some or all of the 

requirements for certain fleets and vehicle uses. These provisions are available for 

small fleets, low-use vehicles, agricultural vehicles, vehicles operating exclusively in 

designated NOx exempt areas, school buses, motor coaches, and unique vehicles. The 

regulation also provides for manufacturer delays, vehicle retirement credits, hybrid 

vehicle credits, specialty agricultural vehicles, and VDECS safety exemptions. 

Rationale for Amendments 

Staff is proposing to amend the Truck and Bus regulation to implement the Board’s 

directives to provide additional flexibility for fleets that have been adversely affected by 

the economic recession, while taking into account that emissions are lower than 

expected due to reduced activity as a result of the recession. 

3. Drayage Truck Regulation

In December 2007, in Resolution 07-58, ARB approved the Drayage Truck regulation to 

reduce emissions from on-road heavy duty diesel-fueled drayage trucks – described as 

trucks that predominantly transport containers, bulk, and break-bulk goods to and from 

ports and intermodal rail yards. The regulation is applicable to owners and operators of 

Class 8 tractors having a GVWR greater than 33,000 pounds that operate at California 
5 

ports and intermodal rail yards. Staff initially estimated that there would be 

approximately 25,000 tractors in frequent or semi-frequent port and intermodal rail yard 

drayage service subject to the regulation. The Board adopted additional amendments 

to the regulation in 2008 (Resolution 08-43), in which it imposed additional requirements 

on 2004-2006 MY drayage trucks. 

Existing Requirements 

The requirements of the regulation are being implemented in two phases: Phase 1 and 

Phase 2. In Phase 1, by December 31, 2009, all drayage trucks with a 1994 to 2003 

MY engine are required to be retrofitted with a level 3 VDECS for PM or be equipped 

with a 2004 MY or newer engine. 2004 through 2006 MY drayage trucks must be 

equipped with a level 3 VDECS for PM by January 1, 2011 and 2012, respectively. 

Additionally, drayage trucks must register with the ARB’s Drayage Truck Registry (DTR) 

before entering California’s ports and intermodal rail yard facilities. In Phase 2, all 

drayage trucks are required to meet or exceed California or federal 2007 MY heavy duty 

diesel engine emissions standards by December 31, 2013. 

Staff is proposing to amend the Drayage Truck regulation in conjunction with proposed 

amendments to the Truck and Bus regulation to align the two regulations and to 

address concerns about localized exposure in communities near ports and intermodal 

rail yards. 

4. Tractor-Trailer GHG Regulation

On December 11, 2008, the Board approved the existing Heavy-Duty Vehicle GHG 

Emission Reduction (Tractor-Trailer GHG) regulation. This regulation reduces GHG 

emissions from 53-foot or longer box-type trailers and the tractors that haul such trailers 

by requiring them to utilize technologies that would result in improved fuel efficiency, 

such as low-rolling resistance tires and aerodynamic technologies (for example, side 

skirts, gap fairings, and rear trailer fairings). The Tractor-Trailer GHG regulation is one 

of the measures identified in ARB’s Scoping Plan to reduce GHG emissions and 

contributes towards meeting the GHG emission reduction goals of Assembly Bill 32 

(Global Warming Solutions Act of 2006). 

Applicability 

The Tractor-Trailer GHG regulation applies to 53-foot or longer dry-van and 

refrigerated-van trailers (hereinafter collectively referred to as box-type trailers) and the 

tractors that pull them on California highways. The regulation applies primarily to 

affected tractor and trailer owners who are responsible for replacing or retrofitting their 

affected vehicles. In addition, drivers, motor carriers, California-based brokers and 

California-based shippers that operate or use affected tractors and trailers also share 

responsibility for compliance with the regulation. The regulation applies to both 

California and out-of-state registered tractors and trailers that operate in California. The 

regulation does not apply to box-type trailers shorter than 53 feet in length; refuse 

trailers, chassis trailers, drop frame trailers, curtain side trailers, livestock trailers, 

emergency vehicles, or military tactical vehicles. 
6 

Existing Requirements 

The Tractor-Trailer GHG regulation requires new and existing long-haul tractors pulling 

53-foot or longer box-type trailers and 53-foot or longer box-type trailers pulled by these 

tractors to be United States Environmental Protection Agency (U.S. EPA) SmartWay3

(SmartWay) certified or retrofitted with SmartWay verified aerodynamic technologies 

and low-rolling resistance tires when they operate on California highways. 

Fleets with pre-2011 MY trailers have the option of retrofitting their affected trailers over 

several years by following one of two compliance schedules based on fleet size. The 

regulation also includes a special provision for 2003 to 2008 MY refrigerated van trailers 

to delay compliance until 2017 to 2019 depending on trailer MY. 

Since the technologies required by the regulation offer the most efficient improvements 

at highway speeds, the regulation includes provisions to exempt local-haul trailers, 

local-haul tractors and short-haul tractors and the trailers they pull from some or all of 

the requirements. 

Rationale for Amendments 

Staff believes many fleets were not aware of the Tractor-Trailer GHG regulation and 

may have missed the July 1, 2010 deadline to participate in the optional large fleet 

phase-in compliance plan for trailers. Staff is therefore proposing amendments to 

provide fleets another opportunity to opt-in to the phase-in compliance option. Staff is 

also proposing additional amendments to provide fleets with additional flexibility in 

meeting the requirements of this regulation, such as by providing flexibility in complying 

with existing fleet reporting requirements, and including temporary, short-term 

exemptions for specific circumstances, such as those associated with storage trailers, 

transfers of ownership, and moving local-haul trailers. These amendments will provide 

affected tractors, trailers, and fleets additional flexibility to ease their burden of 

compliance, and in some cases reduce compliance costs, with minimal impact on the 

GHG benefits associated with the original regulation. 

C. Proposed Amendments to the Truck and Bus Regulation

Staff is proposing substantial changes to the requirements of the Truck and Bus 

regulation to meet the Board’s directive to provide regulatory relief to affected fleets. 

Staff is also making changes to simplify certain reporting requirements and to improve 

enforceability. The following describes the amendments proposed by staff. 

 

3

 The U.S. EPA SmartWay Partnership Program is a federal voluntary program designed to 

improve the environmental performance associated with the ground freight delivery system in 

the United States. The Partnership develops guidelines and verifies fuel efficiency improving 

technologies such as tractor and trailer aerodynamic equipment and low rolling resistance 

tires, and certifies fuel efficient tractors and trailers that incorporate these technologies. 
7 

1. New Compliance Requirement for Lighter Vehicles

Staff is proposing a new provision (section 2025(f) in the proposed amended regulation) 

that would exempt about 150,000 vehicles with a GVWR less than 26,001 pounds from 

the PM BACT requirements. Starting January 1, 2015, and continuing each year 

thereafter until 2020, engines with model years that are 20 years old or older would 

need to be replaced with a 2010 MY engine or equivalent. Then, from 2020 to 2023, all 

remaining pre-2010 MY engines would be required to be 2010 MY engine equivalent 

according to the schedule specified in section 2025(f) of the proposed amended 

regulation. 

2. New BACT Compliance Schedule for Heavier Vehicles

Staff is proposing to amend the BACT compliance schedule of section 2025(f) of the 

existing regulation. The revised schedule (section 2025(g) in the proposed amended 

regulation) would require vehicles, with a GVWR greater than 26,000 pounds (heavier 

vehicles) with 1998 to 2006 MY engines, to meet PM BACT between January 1, 2012 

and January 1, 2014. Fleets would need to replace heavier vehicles having pre-1998 

MY engines with a 2010 MY engine or equivalent engines between January 1, 2015 and 

January 1, 2017. Any heavier vehicle that meets PM BACT prior to January 1, 2014 

would be exempt from meeting the 2010 MY emission equivalent requirement until 

January 1, 2020. From January 1, 2020 to January 1, 2023 all pre-2010 engines would 

be required to be phased out of service. 

Staff will also propose a provision to accommodate those fleets that have already taken 

compliance actions based on the BACT schedule in section 2025(f) of the existing 

regulation. 

3. Phase-In Option for Small Fleets

Staff proposes to replace the existing optional provision for small fleets (section 2025(i) 

in the existing regulation) with a new optional phase-in provision for small fleets that 

have one to three vehicles subject to the regulation. The new provision in 

section 2025(h) would allow small fleets to report starting January 31, 2012 and would 

make the heavier vehicles exempt from the regulation’s PM BACT requirements until 

January 1, 2014 and the 2010 engine or equivalent emissions requirements until 

January 1, 2020. One vehicle in the small fleet would need to meet PM BACT by 

January 1, 2014, two vehicles by January 1, 2015, and three vehicles by 

January 1, 2016. Beginning January 1, 2020, all vehicles in the fleet would need to 

comply with the 2010 engine or equivalent emissions according to the proposed BACT 

compliance schedule of section 2025(g). 

4. Phase-In Option for Large Fleets

Staff is proposing a new compliance option in section 2025(i) to provide additional 

compliance flexibility for fleets with four or more vehicles subject to the regulation. With 

this option, the heavier vehicles in the fleet would need to comply with PM BACT by 

bringing 30 percent of the heavier vehicles into compliance by January 1, 2012, 

60 percent by January 1, 2013, and 90 percent by January 1, 2014. By 
8 

January 1, 2016, the remaining vehicles in the fleet would need to comply according to 

the proposed PM and 2010 engine or equivalent BACT compliance schedule of 

section 2025(g). Fleets utilizing this provision would need to report required fleet 

information for all vehicles starting January 31, 2012. Staff is also proposing to allow 

fleets with drayage trucks and non-drayage trucks to include all of their vehicles in the 

phase-in option when determining compliance. This change to the Truck and Bus 

regulation would not modify any of the requirements of the Drayage Truck regulation 

(title 13, CCR, section 2027). This phase-in option would expire on January 1, 2017. 

5. Relief for Fleets that have Reduced their Fleet Size

Staff is proposing a provision in section 2025(i)(4) of the proposed amended Truck and 

Bus regulation that offers relief to fleets that have reduced their fleet size compared to 

their fleet size on October 1, 2006 (this is their “2006 baseline”). This provision would 

replace the retired vehicle credit of section 2025(k) of the existing regulation. It would 

only be available for heavier vehicles and only to fleets that have opted into the 

phase-in option. Until January 1, 2016, a fleet would be able to reduce its requirement 

for a compliance year by the same percentage that the fleet has downsized from the 

2006 baseline fleet. For determining this credit, the fleet would be allowed to exclude 

existing vehicles that will not operate in the appropriate compliance year. The provision 

would expire January 1, 2016. Staff is also proposing a new definition of the baseline 

fleet (2006 baseline fleet) in section 2025(d)(1) of the proposed amended regulation to 

replace the definition of the 2008 baseline fleet associated with the retired vehicle credit 

of the existing regulation. The baseline date would be changed from July 1, 2008 to 

October 1, 2006 and the definition for the 2006 baseline would not include a mileage 

requirement for California registered vehicles but would require out-of-state fleet 

vehicles to have been driven at least 1,000 miles in California during 2006 to be eligible 

to receive the credit. Similar relief will be provided for school buses. 

6. Credits

Staff is proposing to amend the credits for early installation of VDECS and for the 

purchase of hybrid vehicles, alternative-fueled vehicles, and heavy-duty pilot ignition 

vehicles (sections 2025(p)(1)(E), (p)(8), and (9) in the existing regulation) These 

sections would be replaced in the proposed amended regulation with section 2025(j). 

For each vehicle that had the highest level VDECS for PM installed by July 1, 2011, and 

for each fuel efficient hybrid vehicle, alternative fueled vehicle, or heavy-duty pilot 

ignition engine added to the fleet, the fleet could treat another vehicle as compliant until 

January 1, 2017. The fleet would be required to report information about the vehicle 

receiving the credit and the vehicle to be treated as compliant. Similar flexibility would 

be provided for school buses. 

In addition, the Board may consider additional amendments to provide fleets with 

flexibility to take credit for actions to reduce emissions between the off-road regulation 

and the on-road regulation. 
9 

7. School Bus Requirements

Staff is proposing to amend the school bus provision (section 2025(j) of the existing 

regulation (renumbered as section 2025(k) in the proposed amended regulation) to 

exempt school buses with a GVWR less than 26,001 pounds. Staff’ is also proposing a 

one-year delay before school buses with a GVWR over 26,000 pounds must meet PM 

BACT. The BACT compliance schedule of the existing regulation will be replaced by a 

phase-in schedule that requires the fleet to bring 33 percent of the school buses in the 

fleet into compliance with PM BACT by January 1, 2012, 66 percent by 

January 1, 2013, and 100 percent by January 1, 2014. The changes would better align 

the requirements with the amendments being made for other vehicles subject to the 

regulation. 

8. Drayage Trucks

Staff is proposing to amend the requirements for drayage trucks now located in 

section 2025(e)(4) of the existing regulation. The amendments proposed in 

section 2025(l) of the proposed amended regulation would allow a fleet owner to include 

all of their drayage trucks in the fleet for the purpose of complying with the Truck and 

Bus regulation’s proposed phase-in option for large fleets. This option is allowed only if 

all of the owner’s drayage trucks are included in the Truck and Bus regulation fleet. In 

addition, the initial date that drayage trucks are required to comply with the Truck and 

Bus regulation has been changed from January 1, 2021 to January 1, 2017. The 

proposed amendments to the drayage truck provision in section 2025(l) do not modify 

any of the requirements of the Drayage Truck regulation (title 13, CCR, section 2027). 

9. Two-Engine Sweepers 

Staff is proposing to amend section 2025(n)(3) regarding the labeling requirements for 

two-engine sweepers. Staff proposes to require labeling of all two-engine sweepers 

with Tier 0 auxiliary engines regardless of the compliance option selected. The current 

language limits the requirement to only those two-engine sweepers that comply with the 

BACT percentage limits or fleet averaging option of the existing regulation. 

10. Agricultural Vehicles

Staff is proposing to amend section 2025(r)(6) to extend the initial reporting deadline for 

agricultural vehicles to March 31, 2011 and to amend section 2025(m)(2) to extend the 

initial compliance date to January 1, 2012 for vehicles in the agricultural fleet that do not 

qualify for the agricultural vehicle provisions. Staff is also proposing to amend the 

definition of an agricultural vehicle in section 2025(d)(5) (section 2025(d)(6) of the 

proposed amended regulation), to clarify the types of vehicles and usage that would 

qualify a vehicle as an agricultural vehicle. Also, the specialty vehicle designation now 

limited to feed trucks or mixer-feed trucks in section 2025(d)(69) of the existing 

regulation would be amended in section 2025(d)(53) of the proposed amended 

regulation to extend the designation to all livestock feed trucks. Staff is also proposing 

to amend section 2025(m)(2) so that it no longer identifies specific compliance options 

available to agricultural fleets, in effect allowing them to use the regulation’s special 

provisions and exemptions for their vehicles that do not qualify for the agricultural 
10 

vehicle provisions. In addition, staff is proposing to amend sections 2025(m)(6) and 

(m)(7) to clarify the restrictions on fleets seeking to replace limited-mileage and 

low-mileage agricultural vehicles and still maintain the vehicle designation. 

11. Log Truck Requirements

Staff is proposing a new optional phase-in schedule in section 2025(m)(9) for log trucks 

and to add a definition for “log truck” in section 2025(d)(40) of the proposed amended 

regulation. With this option, fleet owners would not be required to install PM retrofits, 

but instead would be required to phase in 2010 MY emissions equivalent engines at the 

rate of 10 percent of the log truck fleet per year from January 1, 2014 to 

January 1, 2023. The proposal would not allow the total number of log trucks using the 

log truck provision to increase from one year to the next. The total number of log trucks 

and qualifying agricultural vehicles could not exceed the number of vehicles in the fleet 

as of January 1, 2009. 

12. Definition of Low-Use Vehicle

Staff is proposing to replace the definition of a low-use vehicle in section (d)(47) of the 

existing regulation with a new definition in section (d)(43) of the proposed amended 

regulation. The proposed definition would specify when mileage or hours of operation 

are to be used in determining whether the vehicle qualifies as low use. Under the 

proposal, a vehicle without power take off (PTO) would be a low-use vehicle if the 

propulsion engine will be operated in California for fewer than 1,000 miles in any 

compliance year. For a vehicle with PTO designed to perform work while the vehicle is 

stationary, the vehicle would meet the low-use definition if the propulsion engine is 

operated in California for fewer than 1000 miles and less than 100 hours in any 

compliance year. 

13. Reporting Requirements for Fleets with Low-Use Vehicles

Staff is proposing to amend the reporting requirement of section 2025(r)(2) to allow a 

fleet owner to report only the low-use vehicles in the fleet if these are the only vehicles 

in the fleet for which reporting is required and all other vehicles in the fleet are meeting 

the requirements of the BACT compliance schedule. 

14. Exemption for Vehicles Unable to Upgrade

Staff is proposing to add an exemption in section 2025(p)(1) for vehicles unable to 

upgrade to a 2010 MY emissions equivalent engine. The fleet owner would be able to 

apply to the Executive Officer for a one year exemption from the requirement if by 

January 1, 2014, a used vehicle or suitable cab and chassis that performs a similar 

function with a 2010 equivalent emissions engine is not available and the highest level 

VDECS for PM is not available to be installed by 2014. 

15. Operation in NOx Exempt Areas

Staff is proposing to amend the section 2025(p)(1)(B), which currently applies to 

vehicles operated in certain counties defined as NOx exempt areas. The amendments 
11 

would provide that vehicles operating exclusively in NOx exempt areas to continue to be 

exempt from any vehicle replacement requirements until 2021 but would remain subject 

to meeting PM BACT on the same schedule as other fleets. 

16. Deleted Provisions

Staff is proposing to delete the provisions listed below from the existing regulation. The 

BACT percentage limits option and the Fleet averaging option would no longer be 

needed because the proposed new compliance options for lighter and heavier vehicles 

and the new phase-in options add more flexibility and have reduced requirements. The 

other provisions would no longer be needed since the proposed new or amended 

requirements do not require accelerated vehicle replacements and provide additional 

flexibility for fleets to keep older vehicles in the fleet longer. 

• BACT Percentage Limits option – section 2025(g), 

• Fleet Averaging option – section 2025(h), 

• Exemption for cab-over-engine truck tractors - section 2025(p)(2), 

• Provision for unique vehicles – section 2025(p)(3), 

• NOx mileage exempt vehicles - section 2025(p)(1)(A), 

• Requirements for motorcoaches – section 2025(l). 

17. Other Amendments

Staff is proposing amendments to section 2025(d), to modify existing definitions and to 

define new terms that are associated with the amendments outlined above. Staff is also 

proposing to modify other sections to clarify existing requirements and improve 

enforceability of the regulation and streamlining reporting and recordkeeping. These 

include proposed changes to the exemption for vehicles operating with a three day pass 

(moved from section 2025(p)(5) of the existing regulation to section 2025(p)(3) of the 

proposed amended regulation), and the proposed addition in section 2025(o)(2)(B) to 

clarify the requirements for fleets that change their status. 

In addition to the above, the Board may consider amending the Truck and Bus 

regulation to cover other two-engine vehicles, as appropriate, for reasons similar to its 

past decision to include two-engine sweepers within the regulation’s scope. 

D. Proposed Amendments to the Drayage Truck Regulation 

Staff is proposing to amend the Drayage Truck regulation to align its requirements with 

those of the Truck and Bus regulation and to mitigate the effects of dray-off activities4

occurring outside ports and rail yards. The proposed amended regulation will facilitate 

the transition to one statewide truck and bus regulation. Key elements of the proposed 

amendments include: eliminating the Phase 2 compliance requirement that all trucks in 

port and intermodal rail yard service meet or exceed 2007 MY engine standards in 

 

4

 Dray-off is the activity in which cargo destined for or originating from ports or rail yards are 

delivered or picked up outside or in the proximity of port or intermodal rail yard facilities by 

non-compliant vehicles that circumvent the drayage truck regulation. 
12 

2014, requiring that Class 7 vehicles (GVWR greater than 26,000 pounds but less than 

33,001 pounds) be retrofitted with a PM filter by 2014 and sunsetting the Drayage Truck 

regulation at the end of 2016, at which time, drayage trucks will become subject to the 

requirements of the Truck and Bus regulation. The Board may consider other 

amendments to the Drayage Regulation that it determines necessary to ensure 

alignment with the proposed amendments to the Truck and Bus regulation. 

1. Eliminating Phase 2 Requirements 

Staff is proposing to allow 1994-2006 MY engines retrofitted with level 3 VDECS to 

continue to operate at port and intermodal rail yards after January 1, 2014 by 

eliminating the current Phase 2 requirement in section 2027(d)(2) that requires drayage 

trucks meet or exceed California or federal 2007 MY engine emissions standards by 

that date. Eliminating this Phase 2 requirement would allow trucks that are retrofitted 

with a level 3 VDECS to continue operating at the ports and intermodal rail yard facilities 

until the Truck and Bus regulation mandates modernization. These proposed 

amendments would effectively align the Drayage Truck regulation’s compliance 

timelines with those of the Truck and Bus regulation and would provide relief and 

compliance flexibility to drayage truck owners. 

2. Mitigating Dray-Off Activity

Staff is proposing several amendments to prevent drayage trucks from exchanging 

cargo with dirty trucks near port or rail facilities. This is practice is commonly referred to 

as ‘dray-off’. Operators who engage in dray-off are circumventing regulatory 

requirements and adversely impacting the air quality of the surrounding communities. 

Staff is proposing the following changes in the Drayage truck regulation to prevent 

dray-off. 

• Expand the definition of a ‘drayage truck’ in section 2027(c)(15) to include trucks 

engaging in drayage activities outside of port and rail yard facilities. 

• Modify section 2027(b)(1) to expand the applicability of the regulation to drayage 

truck owners and operators operating off of port or intermodal rail yard properties 

and their dispatching motor carriers. 

• Modify the definition of ‘Drayage Truck Operator’ in section 2027(c)(17) to 

include drivers operating vehicles off of port or intermodal rail facilities. 

• Modify the definition of ‘Motor Carrier’ in section 2027(c)(33) to include motor 

carriers dispatching drayage trucks to locations off of port or intermodal rail 

facilities to pick-up or deliver goods that are destined for or that originated from 

ports or intermodal rail facilities. 

• Add section 2027(d)(4)(A)(2) to require drayage truck operators to identify and 

provide documentation as to the origin and destination of the cargo and 

intermodal equipment upon request. 

• Modify section 2027(d)(5)(A)(2) to require motor carriers to dispatch only 

compliant drayage trucks to locations off of port or intermodal rail facilities. 

• Modify section 2027(d)(5)(A)(5) to clarify that motor carriers are only required to 

keep dispatch records of drayage trucks that enter port or intermodal rail yard 

properties. 
13 

• Modify section 2027(e)(1)(C) to clarify that only drayage trucks entering port or 

intermodal rail yard properties are required to register in the Drayage Truck 

Registry as operated by the Air Resources Board. 

The proposed amendments would allow enforcement personnel to cite noncompliant 

drayage trucks outside of port and rail yard properties. Motor Carriers responsible for 

dispatching drayage trucks that engage in dray-off would also be held accountable 

under the amendments. In addition, the amendments would also level the playing field 

between noncompliant drayage truck owners and owners of drayage trucks that have 

invested significant funds modernizing their fleets. 

3. Including Class 7 Trucks and a New Phase 2 PM Requirement

Staff is proposing amendments to the Drayage Truck regulation to include Class 7 

trucks and require that they operate with a level 3 VDECS for PM by 2014. The existing 

Truck and Bus regulation, (Cal. Code Regs.), section 2025, already requires all Class 7 

trucks statewide (with few exceptions) to operate with a MY 2004 or newer engine 

equipped with a level 3 VDECS by January 1, 2014. Although, staff is proposing to 

amend the Truck and Bus regulation to allow certain Class 7 trucks to extend their 

operations until 2017 without additional PM controls, the proposed amendments would 

not apply to Class 7 drayage trucks. The amendments to the Drayage Truck regulation 

would ensure that all drayage trucks operate with PM controls in the near-term and also 

eliminate the increasingly common practice of operating older and dirtier Class 7 trucks 

at the ports and rail yards instead of emission compliant Class 8 drayage trucks. To 

accomplish this goal, staff is proposing to: 1) expand the definition of a ‘drayage truck’ in 

section 2027(c)(15) to include trucks with a GVWR greater than 26,000 pounds, 

2) modify the definition of ‘heavy-duty’ in section 2027(c)(26) to greater than 

26,000 pounds, 3) add a new Phase 2 requirement in section 2027(d)(2) for trucks with 

a GVWR greater than 26,000 pounds to operate with a level 3 VDECS by 

January 1, 2014, and 4) add clarifying language that Phase 1 requirements in 

section 2027(d)(1) only apply to trucks with a GVWR greater than 33,000 pounds. 

4. Sunsetting of Drayage Truck Regulation 

To complete the transition to one statewide rule for all diesel-fueled trucks, staff is 

proposing modifications to the applicability in section 2027(b) and the addition of a new 

section 2027(j) that formally sunset the Drayage Truck regulation on 

December 31, 2016. Starting January 1, 2017, all drayage truck owners and operators 

would be subject to the requirements of the Truck and Bus Rule. Compliant trucks 

would be able to continue to operate until 2020. 

E. Proposed Amendments to the Tractor-Trailer GHG Regulation 

Staff is proposing the following amendments to the Tractor-Trailer GHG regulation. 

1. Optional Second Compliance Schedule for Large Fleets

Staff proposes to modify section 95307 to provide large fleet owners another optional 

compliance phase-in schedule. This amendment would provide large fleets one 
14 

additional year to register with ARB, but would have an accelerated phase-in schedule 

that has the same final compliance deadline as the current large fleet phase-in option. 

Specifically, fleets that choose this second option would have a reporting deadline on 

July 1, 2011 and phase-in beginning with 20 percent in 2011, 40 percent in 2012, 

60 percent in 2013, 80 percent in 2014, and 100 percent in 2016. 

2. Additional Reporting Flexibility

Staff proposes to add new section 95307(f), to provide trailer fleet owners that 

participate in an optional compliance phase-in schedule additional flexibility regarding 

compliance plan reporting requirements. Such owners would be allowed to report which 

trailers in their fleets were brought into compliance at the end of each year, as opposed 

to identifying their entire phase-in schedule in a one-time multi-year plan, as required by 

the current regulation. However, trailer fleet owners would still be allowed to submit a 

one-time, multi-year compliance plan for their fleet should they so choose. Section 

95307(f) would also require trailer fleet owners to specify the specific method by which 

they will bring each trailer into compliance; either retrofitting the trailer with aerodynamic 

technologies or removing the trailer from the owner’s fleet. In addition, trailer fleet 

owners would need to report each trailer identified in the compliance plan that is redesignated as a local-haul or storage trailer. 

3. Exemption of Storage Trailers

Staff proposes to modify subsection 95305(e) to add an exemption for 53-foot or longer 

box-type storage trailers that are used exclusively for storage of items at a single 

location. Specifically, staff proposes exempting storage trailers from the aerodynamic 

technology and low rolling resistance tire requirements of the regulation provided that 

such storage trailers travel empty of freight while on California highways. 

Staff is also proposing that owners of storage trailers can apply for a “Relocation Pass” 

95305(f) which, if approved by the Executive Officer, would allow a storage trailer to 

travel during a specified period, not exceeding three consecutive days, to a new storage 

location while loaded with freight. To qualify for the storage trailer exemption, trailer 

fleet owners would need to first register their storage trailers with ARB. 

4. Trailer Aerodynamic Equipment Compliance Delay 

Staff is proposing to add new section 95305 (i), to provide a compliance delay for 

dry-van or refrigerated van trailers that are configured such that no SmartWay verified 

aerodynamic technologies can be effectively installed on them. The delay would 

provide a one year extension from the trailer’s applicable compliance date or from the 

conformance threshold deadline for trailers participating in optional fleet compliance 

schedules. Trailer owners would need to seek and obtain Executive Officer approval of 

such compliance delays, and would need to renew requests on an annual basis. 

However, once SmartWay verified technologies become available for a trailer 

configuration, that trailer would not be eligible for the proposed compliance delay. 
15 

5. Delayed Compliance for 2009 Model Year Refrigerated Van Trailers

Staff is proposing to modify section 95303(b) to include 2009 MY refrigerated van 

trailers (equipped with 2003 MY or newer TRUs) in the delayed compliance provision 

currently available to 2003 through 2008 MY refrigerated van trailers (equipped with 

2003 and newer MY TRUs). As with all trailers included in the refrigerated fleet 

extended compliance provision, 2009 MY refrigerated van trailers would have until the 

end of 2019 to be brought into compliance with the regulation. 

6. Allowances for Modifications to Aerodynamic Equipment 

Staff is proposing to modify the trailer requirements applicable to 2011 and newer 

dry-van trailers (section 95303(b)(1)), 2011 and newer refrigerated van trailers (section 

95303(b)(2)), and to 2010 or prior MY dry-van and refrigerated van trailers (section 

95303(b)(3)), to allow such trailers to also be equipped with SmartWay Verified 

technologies that have been modified in any manner from the SmartWay Verified 

configuration. Only modifications that are required to enable a particular SmartWay 

technology to be installed on a trailer are allowed, and are subject to advance review 

and approval by the Executive Officer. The Executive Officer will base his or her 

determination upon any information submitted that demonstrates the proposed 

modifications would not significantly increase the aerodynamic drag of the SmartWay 

Verified configuration, and on good engineering judgment. 

7. Short Term Exemption for Transporting Empty Local-Haul and 

Storage Trailers

Staff is proposing to modify sections 95305(c)(1)(B) and 95305(e)(1)(A) to allow 

exempted local-haul and storage trailers to travel on California highways outside of their 

base area or away from their current storage location, as long as these trailers are 

transported empty of freight. This proposal would allow an exempt local-haul trailer to 

move outside its local-haul area while still maintaining its exempt status, and would 

allow an exempt storage trailer to travel to another storage location while still 

maintaining its exempt status. These exemptions would not require reporting to ARB. 

8. Relocation Pass for Exempt Local-haul Trailers and Exempt Storage 

Trailers Carrying Freight

Staff is proposing to add a provision in section 95305(f) that would allow an owner to 

obtain a relocation pass to allow an exempt local-haul trailer to travel outside its 

local-haul area while still maintaining its exempt status, and would also allow an exempt 

storage trailer to travel to another storage location while still maintaining its exempt 

status. The relocation pass could also be used to transport a local-haul or storage 

trailer to or from a location outside of California, without having to install the required 

aerodynamic technologies. The relocation pass would only be necessary when 

transporting freight in the trailer. Up to four relocation passes per year per trailer could 

be issued, with each pass not to exceed three consecutive days. Reporting 

requirements would apply. The proposed amendments would provide fleet operators 

additional flexibility to comply with the regulation. 
16 

9. Limited Three-Day Exemption for Tractors

Staff is proposing to add a provision in section 95305(h) that would allow tractor owners 

to request and obtain a temporary exemption pass from the regulation, not to exceed 

three consecutive days, for affected tractors and the trailers they pull to travel on 

California highways. Only one pass would be issued to an owner per year. 

Furthermore, only one tractor per fleet, sharing U.S. Department of Transportation 

(USDOT), motor carrier, or International Registration Plan (IRP) numbers, could be 

granted one pass per year. In other words, if a fleet is made up of multiple owners, only 

one pass could be issued to a tractor in that fleet, regardless of the number of owners in 

that fleet. To ensure the limited use and availability of this exemption, staff proposes to 

sunset this provision on January 1, 2015. 

10. Transfer of Ownership Pass for Trailers

Staff is proposing to include a provision in section 95305(g), to allow sellers of affected 

trailers to obtain a temporary exemption for trailers that have been sold and are being 

transported from the seller’s location to the buyer’s location. This Transfer of 

Ownership pass would allow sellers of affected trailers to obtain a temporary exemption 

during the transfer of ownership period, either not to exceed three consecutive days, or 

for an alternate time period as determined by the Executive Officer. 

11. Delaying Low Rolling Resistance Tire Requirements for Pre-2011 Model 

Year Tractors and Trailers

The current regulation requires pre-2011 MY tractors to use SmartWay verified tires by 

January 1, 2012, and pre-2011 MY trailers to use SmartWay verified tires by either 

January 1, 2013, or by the deadlines specified in the optional large or small fleet 

compliance schedules. Staff is proposing to amend sections 95303(a)(3) and 

95303(b)(3) to provide pre-2011 MY tractors and trailers additional time to be equipped 

with SmartWay verified low rolling resistance tires. Pre-2011 MY tractors would have 

an additional year to be equipped with SmartWay verified tires, and pre-2011 MY 

trailers would be allowed up to four additional years to be equipped with SmartWay 

verified tires. No similar extensions would be allowed for MY 2003 through 2009 

refrigerated-van trailers equipped with 2003 or subsequent MY transport refrigeration 

units (these trailers would still be required to convert their tires to SmartWay tires 

between January 1, 2018 and January 1, 2020). 

12. Exemption for Open Shoulder Drive Tires

The current regulation requires 2011 and subsequent MY tractors to use SmartWay 

verified tires by January 1, 2010. Staff is aware that some regional-haul fleets must use 

open shoulder drive tires to negotiate roads in inclement weather. Currently, staff is 

aware of only three open shoulder drive tire models that are U.S. EPA SmartWay 

verified models. Therefore, staff is proposing to include a limited term exemption in 

section 95305(j) for 2011 or subsequent MY tractors using open-shoulder drive tires. 

This exemption would sunset on January 1, 2013. 
17 

13. Disclosure Language and Recordkeeping

The current regulation requires any person residing in California that sells or leases an 

affected tractor or trailer to notify the buyer or lessee, in writing, that the tractor/trailer 

may be subject to the Tractor-Trailer GHG regulation. Staff is proposing to clarify, in 

section 95303(i), that only California-licensed vehicle dealers selling affected tractors or 

trailers are responsible for providing specified disclosure language, and in 

sections 95302(a)(42), that lessors of affected tractors and trailers are responsible for 

providing specified disclosure language. Staff is also proposing to relocate the 

“Disclosure of Regulation Applicability” requirement presently located in 

section 95301(d) to new section 95303(i). Staff is further proposing to add a 

requirement that identified sellers or lessors must maintain a record of the written 

disclosure for three years after the sale or lease in new section 95311. 

14. Other Amendments

Staff is proposing amendments to section 95302, to modify existing definitions and to 

define new terms that are associated with the amendments outlined above. Staff is also 

proposing to modify section 95303 (c)(2) to require the driver of an affected tractor 

trailer to provide specified information to authorized enforcement personnel if he or she 

is driving an exempt drayage tractor; or a tractor-trailer operating under a relocation 

pass, transfer of ownership pass, or non-compliant tractor pass. Staff also proposes to 

modify section 95303(c)(3) to require drivers to allow enforcement personnel to directly 

view the inside of the trailer upon request. This provision would allow enforcement 

personnel to verify that a trailer is empty or hauling freight. 

COMPARABLE FEDERAL REGULATIONS

Section 209(a) of the federal Clean Air Act (CAA) preempts states from adopting 

emission standards for new motor vehicles and engines. However, section CAA 209(b) 

provides that the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) 

shall grant California a waiver of preemption, unless certain specified findings can be 

made. The regulations proposed for amendment do not establish emission standards 

for new motor vehicles and engines, and thus no issue of federal preemption exists. 

Additionally, U.S. EPA does not have authority to adopt in-use emission standards 

relating to the control of in-use motor vehicles, and thus there are no federal regulations 

comparable to the Truck and Bus regulation, the Tractor-Trailer GHG regulation, or the 

Drayage Truck regulation to reduce emissions from in-use on-road diesel vehicles that 

operate in California. 

CAA section 209(e)(2) allows California, upon obtaining authorization from U.S. EPA, to 

adopt and enforce emission standards and other requirements related to the control of 

emissions for new and in-use off-road engines not expressly preempted (i.e., as set 

forth in CAA section 209(e)(1), new off-road engines under 175 hp used in farm and 

construction equipment and vehicles and new locomotives and locomotive engines). 

The Truck and Bus regulation has requirements for off-road engines used in yard-goats 

and two engine street sweepers, and to the extent that the amendments to the 

regulation require authorization, ARB will request that U.S. EPA grant such 
18 

authorization. U.S. EPA does not have authority to adopt in-use regulations for off-road 

engines, and thus there are no federal regulations comparable to the California adopted 

regulatory provisions affecting off-road engines used in sweepers and yard goats. 

There are also no comparable mandatory federal regulations to control GHG emissions 

from on-road heavy-duty vehicles. However, as described above, the U.S. EPA has a 

voluntary program, the U.S. EPA SmartWay Partnership Program, which is a 

collaboration between EPA and the freight sector designed to improve energy 

efficiency, reduce greenhouse gas and air pollutant emissions, and improve energy 

security. 

AVAILABILITY OF DOCUMENTS AND AGENCY CONTACT PERSONS

The ARB staff has prepared a Staff Report: Initial Statement of Reasons (ISOR) for the 

proposed regulatory actions, which describes the basis of the proposed actions, and 

includes a summary of the economic and environmental impacts of the proposed 

amendments. The Staff Report is entitled: “Proposed Amendments to the Truck and 

Bus Regulation, the Drayage Truck Regulation and the Tractor-Trailer Greenhouse Gas 

Regulation.” 

Copies of the ISOR and the full text of the proposed regulatory language, in underline 

and strikeout format to allow for comparison with the existing regulations, may be 

accessed on the ARB’s website listed below, or may be obtained from the Public 

Information Office, Air Resources Board, 1001 I Street, Visitors and Environmental 

Services Center, First Floor, Sacramento, California, 95814, (916) 322-2990, at least 

45 days prior to the scheduled hearing on December 16, 2010. 

Upon its completion, the Final Statement of Reasons (FSOR) will be available and 

copies may be requested from the agency contact person in this notice, or may be 

accessed on the ARB’s website listed below. 

Inquiries concerning the substance of the proposed amendments to the Truck and Bus 

regulation may be directed to the designated agency contact persons, Ms. Beth White, 

Manager of the On-Road Compliance Assistance Section, at (916) 324-1704, or 

Ms. Gloria Lindner, Air Resources Engineer, at (916) 323-2803. 

Inquiries concerning the proposed amendments to the Drayage Truck regulation should 

be directed to the designated agency contact person; Mr. Mike Sutherland, Manager of 

the Project Support Section, at (916) 445-4236 or be directed to the Drayage Truck 

Regulation phone line at (888) 247-4821. 

Inquiries concerning the substance of the proposed amendments to the Tractor-Trailer 

GHG regulation should be directed to the designated agency contact persons, 

Ms. Dassi Pintar, Air Pollution Specialist, at (626) 575-7007, or Mr. Alex Santos, 

Staff Air Pollution Specialist, at (626) 575-6682. 
19 

Further, the agency representative and designated back-up contact persons, to whom 

nonsubstantive inquiries concerning the proposed administrative action may be 

directed, are Ms. Lori Andreoni, Manager, Board Administration & Regulatory 

Coordination Unit, (916) 322-4011, or Ms. Trini Balcazar, Regulations Coordinator, 

(916) 445-9564. The Board has compiled a record for this rulemaking action, which 

includes all the information upon which the proposal is based. This material is available 

for inspection upon request to the contact persons. 

This notice, the ISOR, and all subsequent regulatory documents, including the FSOR, 

when completed, are available on ARB’s website for this rulemaking at 

http://www.arb.ca.gov/regact/2010/truckbus10/truckbus10.htm

 

COSTS TO PUBLIC AGENCIES AND TO BUSINESSES AND PERSONS AFFECTED

The determinations of the Board's Executive Officer concerning the costs or savings 

necessarily incurred by public agencies and private persons and businesses in 

reasonable compliance with the proposed regulation are presented below. 

1. Costs to State Government and Local Agencies

Pursuant to Government Code section 11346.5(a)(5), the Executive Officer has 

determined that the proposed regulatory action would not create any costs to or 

mandates on any local agency or school district that are reimbursable by the State 

pursuant to Government Code, title 2, division 4, part 7 (commencing with 

section 17500). 

Pursuant to Government Code sections 11346.5(a)(6), the Executive Officer has 

determined, based on estimates prepared in accordance with instruction adopted by the 

Department of Finance, that the amendments to the Truck and Bus, Drayage Truck, and 

Tractor-Trailer regulations would not create additional costs to any State agency or to 

any local agency or school district, whether or not reimbursable by the State pursuant to 

Government Code, title 2, division 4, part 7 (commencing with section 17500), create 

other nondiscretionary costs on local agencies, and affect costs or savings in federal 

funding to the State. 

As stated, the proposed regulatory action would not increase costs for school districts 

and may result in savings. The proposed amendments to the school bus requirements 

of the Truck and Bus regulation provide school districts an opportunity to delay their 

initial compliance costs, without increasing the total cost of the regulation. As a result, 

there may be a decrease in cost as compliance costs are deferred to later years using 

later year dollars (i.e., the present value of their compliance costs will be lower). 

2. Effect on Businesses and Private Persons

The determinations of the Board's Executive Officer, pursuant to Government Code 

section 11346.5(a)(9), concerning the costs or savings necessarily incurred by 

representative private persons and businesses in reasonable compliance with the 

proposed amendments to the regulations are presented below. 
20 

a) Truck and Bus Regulation

The proposed amendments represent major changes to the Truck and Bus regulation 

and provide substantial economic relief. The amendments to the regulation would 

exempt about 150,000 trucks with a gross vehicle weight rating less than 

26,001 pounds from meeting the PM filter requirements. Staff estimates this change 

would eliminate most, if not all, of the costs for about 75,000 companies. The amended 

regulation would reduce annual requirements for fleets most affected by the recession. 

The estimated costs of the amended Truck and Bus regulation in the next five years 

would be about 60 percent lower than the existing regulation, and the costs for the next 

15 years would be about 60 percent lower. Average costs for local businesses outside 

the transportation sector would be reduced by about 70 percent. The amendments 

would eliminate costs of the existing regulation for thousands of small businesses. 

Pursuant to Government Code section 11346.5(a)(7)(C), the Executive Officer has 

made an initial determination that the proposed regulatory action would affect 

businesses that aid in the making, distribution, cleaning, and maintenance of VDECS. 

Because the proposed amendments provide options to delay compliance with the PM 

requirements, the demand for PM retrofits in the near term may be substantially lower 

than originally anticipated. For some VDECS manufacturers and associated 

businesses that have invested capital based on original predictions of demand, there 

could be a delay in recovery of their capital investment. However, proposed incentive 

provisions are intended to encourage early retrofitting and could help mitigate potential 

impacts on retrofit businesses. 

For the foregoing reasons, the Executive Officer has determined, pursuant to California 

Code of Regulations, title 1, section 4, that the proposed regulatory action would affect 

small businesses. 

b) Drayage Truck Regulation

The Executive Officer has further determined, pursuant to California Code of 

Regulations, title 1, section 4, that the proposed amendments to the Drayage Truck 

regulation would affect small businesses. The Proposed amendments are expected to 

reduce the cost of compliance for most businesses by extending the compliance 

timeline for retrofitted trucks, eliminating costs associated with the Phase 2 

requirements to upgrade to 2007 MY engines by 2014, and ending recordkeeping and 

reporting requirements after the Drayage Truck Regulation sunsets at the end of 2016. 

c) Tractor-Trailer GHG Regulation

The proposed amendments to the Tractor-Trailer GHG regulation would provide greater 

flexibility for affected businesses and reduce the burden of compliance with the existing 

requirements. The proposed second phase-in option would enable some large fleets 

that opt into this plan to spread the cost of compliance over 5 years, between 2012 and 

2016, rather than meeting the requirements fully by January 1, 2013. Also, exemption 

of storage trailers and the provisions for temporary passes for relocation, transfer of 
21 

ownership and for noncompliant tractors would enable fleets to move their trailers on 

California highways without having to retrofit their vehicles with equipment they might 

not otherwise need in to use. Delayed compliance of 2009 MY refrigerated-van trailers 

would reduce the burden of compliance on fleets faced with meeting multiple 

regulations at the same time. It would also reduce the burden of compliance during the 

early years of the regulation providing more time for the economy to recover. Extending 

the deadline for use of SmartWay verified low rolling resistance tires in order to provide 

additional time for fleets to continue using existing retreaded tires on their existing 

trailers until 2017 to allow U.S. EPA to develop specifications for SmartWay retreaded 

tires would also result in cost savings. 

d) Reporting Requirements

In accordance with Government Code sections 11346.3(c) and 11346.5(a)(11), the 

Executive Officer has found that the reporting requirements of the Truck and Bus, 

Drayage Truck, and Tractor-Trailer GHG regulations that apply to businesses are 

necessary for the health, safety, and welfare of the people of the State of California. 

3. Effect on State Economy

Pursuant to Government Code section 11346.5(a)(8), the Executive Officer has made 

an initial determination that the proposed regulatory actions covering all three of the 

affected regulations would not have a significant Statewide adverse economic impact 

directly affecting businesses, including the ability of California businesses to compete 

with businesses in other states. In accordance with Government Code 

sections 11346.5(a)(10) and 11346.3(b), the Executive Officer has further determined 

that the proposed regulatory actions will decrease the elimination of jobs within the 

State of California, and decrease the elimination of existing businesses within the State 

of California. 

The amendments to the Truck and Bus regulation and the Drayage Truck regulation 

would reduce the compliance obligations for most fleets and businesses affected by the 

regulations in the next five years. The deferral and new credits included in the 

amendments would provide more time for the economy to recover and would reduce the 

total investments required of businesses to comply.

These modifications could have a negative economic impact on retrofit manufacturers 

and installers and firms that provide repowers because they would likely receive fewer 

orders in the next two years. However, the proposed modifications intended to 

encourage early retrofitting would still significantly increase demand for retrofit jobs and 

businesses. An assessment of the economic impacts of the proposed regulatory action 

and its effect on California businesses can be found in the Staff Report. 

The Executive Officer has made an initial determination that the proposed amendments 

to the Tractor-Trailer GHG regulation would not have a significant statewide adverse 

economic impact directly affecting businesses, including the ability of California 

businesses to compete with businesses in other states, or on representative private 

persons. In accordance with Government Code section 11346.3, the Executive Officer 
22 

has determined that the proposed regulatory action would not affect the creation or 

elimination of jobs within the State of California, the creation of new businesses or 

elimination of existing businesses within the State of California, or the expansion of 

businesses currently doing business within the State of California 

4. Consideration of Alternatives

Before taking final action on the proposed regulatory actions, the Board must determine 

that no reasonable alternative considered by the Board, or that has otherwise been 

identified and brought to the attention of the Board, would be more effective in carrying 

out the purpose for which the action is proposed, or would be as effective and less 

burdensome to affected private persons than the proposed action. Alternatives that 

staff considered are discussed in the Staff Report. 

SUBMITTAL OF COMMENTS

Interested members of the public may present comments relating to the proposed 

amendments orally or in writing at the meeting, and comments may be submitted by 

postal mail or by electronic submittal before the meeting. The public comment period 

for this regulatory action will begin on November 1, 2010. To be considered by the 

Board, written comments, not physically submitted at the meeting, must be submitted on 

or after November 1, 2010 and received no later than 12:00 noon on 

December 15, 2010, and must be addressed to the following: 

Postal mail: Clerk of the Board, Air Resources Board 

1001 I Street, Sacramento, California 95814 

Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php 

Please note that the webpage provided above for electronic submittal is for comments 

on the following on-road and off-road regulations: 

• Truck and Bus 

• Drayage Truck 

• Tractor-Trailer GHG 

• Off-Road 

• Large Spark Ignition 

To ensure that all comments are properly considered and responded to, please identify 

in the subject heading of each comment letter the regulation(s) for which comments are 

being submitted. 

Please note that under the California Public Records Act (Government Code §6250 et 

seq.), your written and oral comments, attachments, and associated contact information 

(e.g., your address, phone, email, etc.) become part of the public record and can be 

released to the public upon request. Additionally, this information may become 

available via Google, Yahoo, and any other search engines. 
The Board requests, but does not require, that 20 copies of any written statement be 

submitted and that all written statements be filed at least ten days prior to the hearing so 

that ARB staff and Board Members have time to fully consider each comment. The 

Board encourages members of the public to bring to the attention of staff in advance of 

the hearing any suggestions for modification of the proposed regulatory action. 

STATUTORY AUTHORITY AND REFERENCES 

1. Truck and Bus Regulation

This regulatory action is proposed under that authority granted in Health and Safety 

Code, sections 39002, 39003, 39500, 39600, 39601, 39602, 39602.5, 39650, 39656, 

39658, 39659, 39665, 39666, 39667, 39674, 39675, 40000, 41511, 41752, 41754, 

41755, 42400, 42400.1, 42400.2, and 42402.2, 42410, 43000, 43000.5, 43013, 43016, 

43018, 43018.2, 43023, 43600. This action is proposed to implement, interpret, or 

make specific Health and Safety Code sections 39600, 39601, 39650, 39658, 39659, 

39666, 39667, 39674, 39675, 40000, 41511, 41752, 41754, 41755, 42400, 42400.1, 

42400.2, and 42402.2, 42410, 43013, 43016, 43018, 43023, and 43600 

2. Drayage Truck Regulation

This regulatory action is proposed under the authority granted in Health and Safety 

Code sections 39002, 39003, 39500, 39600, 39601, 39602, 39602.5, 39650, 39656, 

39658, 39659, 39665, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, and 

42402.2, 42410, 43013, 43016, 43018, 43018.2, 43023, and 43701. This action is 

proposed to implement, interpret, or make specific Health and Safety Code sections 

39600, 39601, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 

42400.2, and 42402.2, 42410, 43013, 43016, 43018, 43023, and 43600. 

3. Tractor Trailer GHG Regulation

This regulatory action is proposed under the authority granted in Health and Safety 

Code sections 38510, 38560, 38560.5, 39600, and 39601. This action is proposed to 

implement, interpret and make specific Health and Safety Code sections 38560, 

38560.5, 38580, and 39600. 

HEARING PROCEDURES

The public hearing will be conducted in accordance with the California Administrative 

Procedure Act, title 2, division 3, part 1, chapter 3.5 (commencing with section 11340) of 

the Government Code. 

Following the public hearing, the Board may adopt the regulatory language as originally 

proposed, or with non substantial or grammatical modifications. The Board may also 

adopt the proposed regulatory language with other modifications if the text as modified 

is sufficiently related to the originally proposed text that the public was adequately 

placed on notice, and that the regulatory language as modified could result from the 

proposed regulatory action; in such event, the full regulatory text, with the modifications 

clearly indicated, will be made available to the public, for written comment, at least 

15 days before it is adopted. 

23 
24 

The public may request a copy of the modified regulatory text from ARB’s Public 

Information Office, Air Resources Board, 1001 I Street, Visitors and Environmental 

Services Center, First Floor, Sacramento, California, 95814, (916) 322-2990. 

At the Board meeting, the Board may direct staff to develop additional modifications to 

the regulation to be considered at a later Board hearing. If directed to do so, ARB will 

prepare a separate notice of proposed rulemaking that will be published not less than 

45 days before the scheduled hearing date. 

SPECIAL ACCOMMODATION REQUEST

Special accommodation or language needs can be provided for any of the following: 

• An interpreter to be available at the hearing; 

• Documents made available in an alternate format (i.e., Braille, large print, etc.) or 

another language; 

• A disability-related reasonable accommodation. 

To request these special accommodations or language needs, please contact the Clerk 

of the Board at (916) 322-5594 or by facsimile at 916) 322-3928 as soon as possible, 

but no later than 10 business days before the scheduled Board hearing. 

TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service. 

Comodidad especial o necesidad de otro idioma puede ser proveído para alguna de las 

siguientes: 

• Un intérprete que esté disponible en la audiencia 

• Documentos disponibles en un formato alterno (por decir, sistema Braille, o en 

impresión grande) u otro idioma. 

• Una acomodación razonable relacionados con una incapacidad. 

Para solicitar estas comodidades especiales o necesidades de otro idioma, por favor 

llame a la oficina del Consejo al (916) 322-5594 o envíe un fax a (916) 322-3928 lo más 

pronto posible, pero no menos de 10 días de trabajo antes del día programado para la 

audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pueden marcar 

el 711 para el Servicio de Retransmisión de Mensajes de California. 

 CALIFORNIA AIR RESOURCES BOARD 

 /s/ 

 _________________________________ 

 James N. Goldstene 

 Executive Officer 

Date: October 19, 2010