ATTACHMENT II

REGULATORY AMENDMENTS

TEXT OF THE 15-DAY MODIFICATIONS TO:

REGULATION FOR A PUBLIC TRANSIT BUS FLEET RULE AND EMMISSION

STANDARDS FOR NEW URBAN BUSES
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TEXT OF THE 15-DAY MODIFICATIONS

Amend the following sections of title 13, California Code of Regulations, to read

as set forth on the following pages:

Section 1956.1 Exhaust Emission Standards and Test Procedures –

1985 and Subsequent Model Heavy Duty Urban Bus

Engines and Vehicles.

Section 1956.2 Fleet Rule for Transit Agencies

Section 1956.4 Reporting Requirements for all Urban Bus Transit

Agencies

Notes: a) Paragraphs within these sections that are not

proposed for amendment in this rulemaking are

indicated by "[No Change]".

b) The proposed regulatory amendments adopted by the

Board on October 25, 2002 are shown in underline to

indicate additions to the text and strikeout to indicate

deletions.

c) The modifications to the original proposal are shown

in double underline to indicate additions and double

strikethrough to indicate deletions.

d) Adopted amendments in a separate rulemaking,

“Public Hearing to Adopt the Incorporation of Federal

Exhaust Emission Standards for 2008 and Later

Model-Year Heavy-Duty Gasoline Engines and the

Adoption of Minor Amendments to the Low-Emission

Vehicle Regulations” considered by the Board at the

December 12, 2002 hearing, are separately shown in

dotted underline and bold italic strikethrough to

indicate additions and deletions, respectively.
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Amend section 1956.1 to read as follows:

1956.1 Exhaust Emission Standards and Test Procedures - 1985 and

Subsequent Model Heavy Duty Urban Bus Engines and Vehicles

(a) [No Change]

(1) [No Change]

(2) [No Change]

(3) [No Change]

(4) [No Change]

(5) [No Change]

(6) [No Change]

(A) [No Change]

(B) [No Change] 1998 through 2003 model year engines

may generate averaging, banking, and trading credits

in accordance with the requirements for averaging,

banking and trading programs set forth in “California

Exhaust Emission Standards and Test Procedures for

1985 and Subsequent Model Heavy Duty Diesel

Engines and Vehicles” incorporated by reference in

subdivision (b) (c) of this section.

(C) [No Change] Manufacturers may choose to certify

1998 through 2002 model year bus engines produced

before October 1, 2002, to an optional NOx emissions

standard between 0.5 g/bhp-hr and 2.5 g/bhp-hr. A

manufacturer may certify to any standard between the

values of 2.5 g/bhp-hr and 0.5 g/bhp-hr, by 0.5 g/bhphr increments. Manufacturers may not use engines

certified to this optional NOx standard for any

averaging, banking, or trading program set forth in

“California Exhaust Emission Standards and Test

Procedures for 1985 and Subsequent Model Heavy

Duty Diesel Engines and Vehicles” incorporated by

reference in subdivision (b) (c) of this section.
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(7) [No Change] October 1, 2002, PM standard - For dieselfueled, dual-fuel, and bi-fuel bus engines except for heavyduty pilot ignition engines, the PM standard shall be 0.01

g/bhp-hr (0.01 PM g/bhp-hr in-use) for 2002 and subsequent

model year engines produced beginning October 1, 2002.

Manufacturers may choose to meet this standard with an

aftertreatment system that reduces PM to 0.01 g/bhp-hr.

(8) [No Change] October 2002-2006 optional standards –

Except for diesel-fueled, dual-fuel, and bi-fuel engines but

including heavy-duty pilot ignition engines, manufacturers

may choose to certify 2002 – 2006 model year bus engines

produced beginning October 1, 2002, to an optional 1.8

g/bhp-hr to 0.3 g/bhp-hr NOx plus NMHC standard,

measured as the arithmetic sum of the NOx and NMHC

exhaust component certification values, without restriction on

individual component certification values; provided that

engines certified to this optional reduced-emission NOx plus

NMHC standard may not participate in any averaging,

banking, or trading program set forth in the test procedures

document incorporated by reference in subdivision (b) (c) of

this section. A manufacturer may certify to any standard

between the values of 1.8 g/bhp-hr to 0.3 g/bhp-hr, by 0.3

g/bhp-hr NOx + NMHC increments. Manufacturers certifying

to this optional standard must also certify to a PM standard

of 0.03, 0.02, or 0.01 g/bhp-hr.

(9) [No Change] October 2002-2003 optional standards for

diesel-fueled, dual-fuel, and bi-fuel engines except for

heavy-duty pilot ignition engines -- Manufacturers may

choose to certify 2002 – 2003 model year diesel-fueled,

dual-fuel, and bi-fuel bus engines produced beginning

October 1, 2002, to an optional 1.8 g/bhp-hr to 0.3 g/bhp-hr

NOx plus NMHC standard, measured as the arithmetic sum

of the NOx and NMHC exhaust component certification

values, without restriction on individual component

certification values; provided that engines certified to this

optional reduced-emission NOx plus NMHC standard may

not participate in any averaging, banking, or trading program

set forth in the test procedures document incorporated by

reference in subdivision (b) (c) of this section. A

manufacturer may certify to any standard between the

values of 1.8 g/bhp-hr to 0.3 g/bhp-hr, by 0.3 g/bhp-hr NOx +

NMHC increments. Manufacturers certifying to this optional

standard must also certify to a PM standard of 0.01 g/bhp-hr.
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(10) [No Change]

(11) [No Change] 2004-2006 – For diesel-fueled, or dual-fuel,

and bi-fuel urban bus engines except for heavy-duty pilot

ignition engines, the standards are 0.5 g/bhp-hr NOx, 0.01

g/bhp-hr PM, 0.05 g/bhp-hr NMHC, 5.0 g/bhp-hr CO, and

0.01 g/bhp-hr formaldehyde. As an option, manufacturers

may choose to meet the NOx and PM standards with a base

engine that is certified to the standards in paragraph (10)

above, equipped with an aftertreatment system that reduces

NOx to 0.5 g/bhp-hr and PM to 0.01 g/bhp-hr standards.

The NMHC, CO, and formaldehyde standards in this

paragraph (11) shall still apply. Manufacturers shall be

responsible for full certification, durability, testing, and

warranty and other requirements for the base engine. For

the aftertreatment system, manufacturers shall not be

subject to the certification durability requirements, or in-use

recall and enforcement provisions, but are subject to

warranty provisions for functionality.

(12) [No Change]

(b) 2003-2006 – A bi-fuel engine meeting the definition of a heavy-duty

pilot ignition engine set forth in section1956.2 (b)(4) may be

certified to the standards in section1956.1 (a) (8) and (a)(10),

provided that the engine is certified to an optional PM standard of

0.03, 0.02, or 0.01 g/bhp.hr.

(b) (c) The test procedures for determining compliance with standards

applicable to 1985 and subsequent heavy-duty diesel cycle urban

bus engines and vehicles and the requirements for participation in

the averaging, banking and trading programs, are set forth in the

"California Exhaust Emission Standards and Test Procedures for

1985 through 2003 and Subsequent Model Heavy-Duty Diesel

Engines and Vehicles," adopted April 8, 1985, as last amended

December 8, 2000 [insert last amended date], “California Exhaust

Emission Standards and Test Procedures for 2004 and Subsequent

Model Heavy-Duty Diesel Engines,” adopted [insert date of

adoption], and the “California Interim Certification Procedures for

2004 and Subsequent Model Hybrid-Electric Vehicles, in the Urban

Bus and Heavy-Duty Vehicle Classes”, adopted [insert adopted

date],which is are incorporated by reference herein.

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101,

43104, and 43806 Health and Safety Code and section 28114 Vehicle Code
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Reference: Sections 39002, 39003, 39017, 39033, 39500, 39650, 39657, 39667,

39701, 40000, 43000, 43000.5, 43009, 43013, 43018, 43102, 43806, Health and

Safety Code, and section 28114 Vehicle Code.
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Amend section 1956.2 to read as follows:

1956.2 Fleet Rule for Transit Agencies

(a) To encourage transit agencies that operate urban bus fleets to

purchase or lease lower emission alternative-fuel buses, while also

providing flexibility to such fleet operators to determine their optimal

fleet mix in consideration of such factors as air quality benefits,

service availability, cost, efficiency, safety, and convenience, two

paths to compliance with this fleet rule are available: the

alternative-fuel path and the diesel path.

(1) Transit agencies must choose their compliance path, and

shall notify ARB of their intent to follow either the diesel or

the alternative-fuel path, by January 31, 2001. Reporting

requirements for that notification are set forth in subdivisions

(a) and (b) of section 1956.4, Ttitle 13, CCR.

(2) A transit agency within the jurisdiction of the South Coast Air

Quality Management District may elect to change its

compliance path from the diesel path to the alternative-fuel

path, provided that the transit agency notifies the Executive

Officer of the change by January 31, 2004, and provided that

the transit agency is in compliance with all requirements of

this rule, including specific requirements of the diesel path,

on or before January 1, 2004. Reporting requirements for

this notification are set forth in paragraph (b)(3) of section

1956.4, title 13, CCR.

(b) For the purposes of the fleet rule specified in this section, the

following definitions apply:

(1) “Alternative fuel” means natural gas, propane, ethanol,

methanol, gasoline (when used in hybrid electric buses

only), hydrogen, electricity, fuel cells, or advanced

technologies that do not rely on diesel fuel except as a pilot

ignition source at an average ratio of less than 1 part diesel

fuel to 10 parts total fuel on an energy equivalent basis.

Alternative fuel also means any of these fuels used in

combination with each other or in combination with other

non-diesel fuels. Urban bus engines operating on alternative

fuel shall not have the capability to idle or operate solely on

diesel fuel at any time.

(2) “Active fleet” means the a transit agency’s total active fleet

number of urban buses operated by a transit agency or
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under contract to a transit agency, including spare buses,

but not emergency contingency vehicles (e.g., for

emergencies) or non-revenue producing vehicles.

(3) “Emergency contingency vehicle” means an urban bus

placed in an inactive contingency fleet for energy or other

local emergencies, after the urban bus has reached the end

of its normal minimum useful life.

(4) “Heavy-duty pilot ignition engine” means an engine designed

to operate using an alternative fuel, except that diesel fuel is

used for pilot ignition at an average ratio of no more than 1

part diesel fuel to 10 parts total fuel on an energy equivalent

basis. An engine that can operate or idle solely on diesel

fuel at any time does not meet this definition.

(4) (5)“Spare bus” means an urban bus that is used to

accommodate routine maintenance and repair operations,

and to replace a bus in scheduled service that breaks down

or is involved in an accident.

(35)(6)“Transit agency” means a public entity responsible for

administering and managing transit services. Public transit

agencies can directly operate transit service or contract out

for all or part of the total transit service provided.

(46)(7)“Urban bus” means a passenger-carrying vehicle powered

by a heavy heavy-duty diesel engine, or of a type normally

powered by a heavy heavy-duty diesel engine, with a load

capacity of fifteen (15) or more passengers and intended

primarily for intra-city operation, i.e., within the confines of a

city or greater metropolitan area. Urban bus operation is

characterized by short rides and frequent stops. To facilitate

this type of operation, more than one set of quick-operating

entrance and exit doors would normally be installed. Since

fares are usually paid in cash or token, rather than

purchased in advance in the form of tickets, urban buses

would normally have equipment installed for the collection of

fares. Urban buses are also typically characterized by the

absence of equipment and facilities for long distance travel,

e.g., restrooms, large luggage compartments, and facilities

for stowing carry-on luggage.

(c) Transit agencies on the alternative-fuel path shall meet the

following requirements:
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(1) Upon approval of the regulation, and through Model Year

2015, at least 85 percent of all urban buses purchased or

leased each year must be alternative-fuel buses or buses

with engines purchased under section (c)(9).

(2) NOx fleet average requirements as set forth in subdivision

(e), below.

(3) Beginning October 1, 2002, only engines certified to an

optional PM standard of 0.03 g/bhp-hr or lower shall be

purchased when making new bus purchases.

(4) Total diesel PM retrofit emission reduction requirements and

use of low-sulfur or other allowed fuel as set forth in

subdivision (f), below.

(5) Transit agencies on the alternative-fuel path shall not

purchase any diesel-fueled, dual-fuel, or bi-fuel buses with

2004 – 2006 model year engines certified to emissions

levels in excess of those specified in paragraph (a)(11) of

section 1956.1, Ttitle 13, CCR, except as provided in

paragraph (c)(8) or (c)(9) of this section.

(6) Zero-emission bus purchase requirements beginning in

model year 2010, in accordance with the requirements set

forth in subdivision (c) of section 1956.3, Ttitle 13, CCR.

(7) Reporting requirements as set forth in section 1956.4, Ttitle

13, CCR.

(8) The Executive Officer may exempt transit agencies on the

alternative-fuel path from the requirements of paragraph

(c)(5) of section 1956.2, Ttitle 13, CCR, provided that:

(A) A transit agency applies to the Executive Officer for

such exemption by June 30, 2001;

(B) A transit agency demonstrates to the Executive

Officer that it will achieve NOx emissions benefits

through 2015 greater than what would have been

achieved through compliance with paragraph (c)(5);

and

(C) The Executive Officer finds that transit agencies, after

consulting with the Engine Manufacturers Association,

have demonstrated, or are contractually committed to

demonstrate, advanced NOx aftertreatment

technology.

(9) A transit agency on the alternative-fuel path may purchase a

bus operated with a heavy-duty pilot ignition engine provided the

engine meets the standards set forth in subdivision (b) of section

1956.1.
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(d) Transit agencies on the diesel path shall meet the following

requirements:

(1) NOx fleet average requirements as set forth in subdivision

(e), below.

(2) Total diesel PM retrofit emission reduction requirements and

use of low-sulfur or other allowed fuel as set forth in

subdivision (f), below.

(3) Zero-emission bus demonstration in 2003-2004, as required

in subdivision (b) of section 1956.3, Ttitle 13, CCR.

(4) Transit agencies on the diesel path shall not purchase any

diesel-fueled, dual-fuel, or bi-fuel, or alternative-fuel buses

with 2004 – 2006 model year engines certified to emissions

levels in excess of those specified in paragraph (a)(11) of

section 1956.1, Ttitle 13, CCR, except as provided in

paragraph (d)(7) or (d)(8) of this section. Beginning July 1,

2003, a transit agency may not purchase alternative fuel

buses certified to a PM emission level in excess of the

optional standard of 0.03 g/bhp-hr when making new bus

purchases.

(5) Zero-emission bus purchase requirements beginning in

model year 2008, in accordance with the requirements set

forth in subdivision (c) of section 1956.3, Ttitle 13, CCR.

(6) Reporting requirements as set forth in section 1956.4, Ttitle

13, CCR.

(7) The Executive Officer may exempt transit agencies on the

diesel path from the requirements of paragraph (d)(4) of

section 1956.2, Ttitle 13, CCR, provided that:

(A) A transit agency applies to the Executive Officer for

such exemption by June 30, 2001;

(B) A transit agency demonstrates to the Executive

Officer that it will achieve NOx emissions benefits

through 2015 greater than what would have been

achieved through compliance with paragraph (d)(4);

and

(C) The Executive Officer finds that transit agencies, after

consulting with the Engine Manufacturers Association,

have demonstrated, or are contractually committed to

demonstrate, advanced NOx aftertreatment

technology.
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(8) A transit agency on the diesel-fuel path may purchase a bus

operated with a heavy-duty pilot ignition engine provided the engine

meets the standards set forth in subdivision (b) of section 1956.1.

(e) Beginning October 1, 2002, no transit agency shall own, operate, or

lease an active fleet of urban buses with average NOx emissions in

excess of 4.8 g/bhp-hr, based on the engine certification standards

of the engines in the active fleet.

(1) This active fleet average requirement shall be based on

urban buses owned, operated, or leased by the transit

agency, including diesel buses, alternative-fuel buses, all

heavy-duty zero-emission buses, electric trolley buses, and

articulated buses, in each transit agency’s active fleet. The

Executive Officer may allow zero-emission buses that do not

meet the definition of an urban bus to be included in the

calculation of the fleet average standard upon written

request to the ARB by January 31, 2002, and upon approval

by the Executive Officer. The request shall include a

description of the zero-emission buses, the zero-emission

technology utilized, and the number of zero-emission buses

to be used in calculating the NOx fleet average standard.

Zero-emission buses not meeting the definition of an urban

bus may not be used to satisfy the requirements of the Zeroemission Bus Demonstration Project set forth in subdivision

(b) of section 1956.3, title 13, CCR.

(2) Transit agencies may use ARB-certified NOx retrofit systems

to comply with the fleet average requirement (in addition to

bus purchases, repowerings, and retirements).

(3) Transit agencies have the option of retiring all 1987 and

earlier model year diesel urban buses by October 1, 2002, to

comply with the fleet average standard requirement.

(f) To reduce public exposure to diesel particulate matter, each transit

agency agencies and companies that lease buses to transit

agencies shall retrofit shall reduce the total diesel PM emissions of

the diesel buses in their its active fleets relative to its total diesel

PM emissions as of January 1, 2002, according to the schedule

below, and shall operate their its diesel buses on diesel fuel with a

maximum sulfur content of 15 parts per million by weight. A transit

agency shall calculate its diesel PM emission total by summing the

PM exhaust emission values specified in section 1956.1(a) for each

diesel-fueled, dual-fuel, bi-fuel (except for heavy-duty pilot ignition
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engines), and diesel hybrid-electric engine in its active fleet in

grams per brake horsepower-hour (g/bhp-hr). For 1987 and earlier

engines, the PM exhaust emission value shall be presumed to be

1.0 g/bhp-hr. Documentation of compliance with these

requirements must be provided in accordance with the provisions of

subdivision (d) of section 1956.4, Ttitle 13, CCR.

(1) Tier 1 – Except as provided in (B) below, by January 1,

2003, transit agencies shall not own, operate or lease dieselfueled, dual-fuel, bi-fuel, or diesel hybrid buses in their active

fleets with 1990 and earlier model year engines, unless

those engines have been retrofitted as provided in

paragraph (A), below. Transit agencies with fewer than 20

buses in their active fleets, and that operate in federal onehour ozone attainment areas, are not required to comply with

this requirement until January 1, 2007; provided that in areas

redesignated as one-hour ozone non-attainment areas prior

to January 1, 2007, transit agencies initially eligible for

delayed compliance shall submit a plan to the Executive

Officer within 30 days of redesignation for achieving

compliance with this retrofit requirement.No later than

January 1, 2004:

(A) The retrofit device must be certified by the Executive

Officer of the ARB in accordance with the procedures

set forth in the “California Certification Procedures for

PM Retrofit Devices for On-Road Heavy-Duty Diesel

Engines” incorporated by reference in paragraph (f)(7)

below. The diesel PM emission total for a transit

agency on the diesel path shall be no more than 60

percent of its diesel PM emission total on January 1,

2002.

(B) 1990 and earlier engines were originally certified to a

PM standard of 0.60 grams per brake horsepowerhour. Only those 1990 and earlier engines that have

been retrofitted to 0.10 grams per brake horsepowerhour PM with an ARB-certified retrofit device (to meet

the requirements of the U.S. EPA urban transit bus

rebuild and retrofit program, 40 CFR 85.1401 - 1415)

are exempt from further retrofit requirements under

this section. The diesel PM emission total for a transit

agency on the alternative fuel path shall be no more

than 80 percent of its diesel PM emission total on

January 1, 2002.
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(2) Tier 2 -- Transit agencies shall not own, operate or lease

diesel-fueled, dual-fuel, bi-fuel, or diesel hybrid transit buses

in their active fleets with 1991 through 1995 model year

engines, unless the engines have been retrofitted with a

device that has been certified by the Executive Officer in

accordance with the procedures set forth in the “California

Certification Procedures for PM Retrofit Devices for OnRoad Heavy-Duty Diesel Engines” incorporated by reference

in paragraph (f)(7) below, and in accordance with the

following schedule. Transit agencies with fewer than 20

buses in their active fleets, and that operate in federal onehour ozone attainment areas shall comply with the 100

percent retrofit requirement by January 1, 2007, and are

exempt from the interim requirements described in (A) and

(B) below that apply before that date. In areas redesignated

as one-hour ozone non-attainment areas prior to January 1,

2007, transit agencies initially exempt from the interim

requirements shall submit a plan to the Executive Officer

within 30 days of redesignation for achieving compliance

with this retrofit requirement. No later than January 1, 2005:

(A) Alternative-fuel path: 20 percent of these buses shall

be retrofitted by January 1, 2003; 75 percent of these

buses shall be retrofitted by January 1, 2004; and 100

percent of these buses shall be retrofitted by January

1, 2005, except for those buses eligible for the

retirement exemption set forth in paragraph (f)(4),

below. The diesel PM emission total for a transit

agency on the diesel path shall be no more than 40

percent of its diesel PM emission total on January 1,

2002.

(B) Diesel path: 50 percent of these buses shall be

retrofitted by January 1, 2003; and 100 percent of

these buses shall be retrofitted by January 1, 2004,

except for those buses eligible for the retirement

exemption set forth in paragraph (f)(4), below. The

diesel PM emission total for a transit agency on the

alternative fuel path shall be no more than 60 percent

of its diesel PM emission total on January 1, 2002.

(3) Tier 3 -- Transit agencies shall not own or operate dieselfueled, dual-fuel, bi-fuel, or diesel hybrid buses in their active

fleets with 1996 through 2002 model year engines produced

before October 1, 2002, unless the engines have been

retrofitted with a device that has been certified by the
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Executive Officer in accordance with the procedures set forth

in the “California Certification Procedures for PM Retrofit

Devices for On-Road Heavy-Duty Diesel Engines”

incorporated by reference in paragraph (f)(7) below, and in

accordance with the following schedule. No later than

January 1, 2007:

(A) Alternative-fuel path: 20 percent of these buses shall

be retrofitted by January 1, 2007; 75 percent of these

buses shall be retrofitted by January 1, 2008; and 100

percent of these buses shall be retrofitted by January

1, 2009, except for those buses eligible for the

retirement exemption set forth in paragraph (f)(4),

below. The diesel PM emission total for a transit

agency on the diesel path shall be no more than 15

percent of its diesel PM emission total on January 1,

2002.

(B) Diesel path: 20 percent of these buses shall be

retrofitted by January 1, 2005; 75 percent of these

buses shall be retrofitted by January 1, 2006; and

100 percent of these buses shall be retrofitted by

January 1, 2007. The diesel PM emission total for a

transit agency on the alternative fuel path shall be no

more than 40 percent of its diesel PM fleet average

on January 1, 2002.

(4) For transit agencies on the alternative-fuel path, those buses

that are within two years of retirement are exempt from the

100 percent retrofit requirement set forth in paragraphs

(2)(A) and (3)(A), above, provided documentation of

retirement is supplied to the Executive Officer in accordance

with the requirements set forth in paragraph (d)(2) of section

1956.4, Title 13, CCR. No later than January 1, 2009, the

diesel PM emission total for a transit agency on the

alternative fuel path shall be no more than 15 percent of its

diesel PM emission total on January 1, 2002.

For transit agencies on the diesel path, those buses that are

within one year of retirement are exempt from the 100

percent retrofit requirement set forth in paragraph (2)(B),

above, provided documentation of retirement is supplied to

the Executive Officer in accordance with the requirements

set forth in paragraph (d)(2) of section 1956.4, Title 13, CCR.
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(5) A transit agency that is unable to comply with an

implementation deadline specified in paragraph (f)(1), (2),

(3), or (4) because of the unavailability of technology may

apply in writing to the Executive Officer for an extension to

comply no later than ninety days prior to the applicable

implementation deadline, for a time of up to, but not to

exceed, one year. The applicant must demonstrate that the

technology is unavailable; shall explain why the transit

agency cannot comply by retiring older buses; and shall

provide a schedule for compliance.

(5)(6) Beginning July 1, 2002, a transit agencies agency shall not

operate its diesel buses on diesel fuel with a sulfur content in

excess of 15 parts per million by weight, except that a transit

agency may operate its diesel buses on a fuel that is verified

by the Executive Officer as a diesel emission control strategy

that reduces PM in accordance with section 2700 et seq.,

title 13, CCR. A tTransit agencies agency with fewer than 20

buses in their its active fleets, and that operates in a federal

one-hour ozone attainment areas, are is not subject to this

low-sulfur fuel requirement until July 1, 2006. In areas

redesignated as one-hour ozone non-attainment areas prior

to July 1, 2006, a transit agencies agency initially exempt

from the low-sulfur fuel requirement shall submit a plan to

the Executive Officer within 30 days of redesignation for

achieving compliance with this requirement.

(6)(7) A tTransit agencies agency that owns, operates, or leases a

fewer than 20 diesel-fueled, dual-fuel, bi-fuel, or diesel

hybrid-electric buses in its active fleet and that operates in a

federal one-hour ozone attainment area may delay

implementation of the intermediate total diesel PM emission

reduction requirements provided the transit agency complies

with the implementation deadlines set forth in paragraphs

(f)(3)(A) or (f)(4). with an engine for which a retrofit device is

not, or will not be, available to meet the retrofit requirements

within 6 months of the dates specified in paragraphs (f)(1)

through (f)(3) shall be eligible for a one-year delay in

complying with the retrofit requirements, upon submittal of

documentation of device unavailability to the ARB in writing

at least 30 days before the retrofit requirement becomes

applicable and upon approval of the delay by the Executive

Officer of the ARB.
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(7)(8) The retrofit certification procedures for use in complying with

the PM retrofit requirements for 2002 model year dieselfueled, dual-fuel and bi-fuel urban bus engines produced

before October 1, 2002, and earlier model year urban bus

engines (including engines used in diesel hybrid buses) are

set forth in the “California Certification Procedures for PM

Retrofit Devices for On-Road Heavy-Duty Diesel Engines”

adopted November 22, 2000, which are incorporated herein

by reference.A transit agency that installs a diesel emission

control strategy to reduce diesel PM shall use a diesel

emission control strategy that is verified by the Executive

Officer in accordance with section 2700 et seq., title 13,

CCR, or an urban bus retrofit device that has been

exempted under Vehicle Code section 27156 as an engine

rebuild kit and that reduces PM to 0.10 g/bhp-hr when used

on an engine model 6V92TA DDEC for the model years

specified for that engine.

(9) A transit agency that installs a diesel emission control

strategy on an urban bus engine shall use the following

percentage reductions from the engine certification standard

value when calculating its total diesel PM emissions: 25

percent for a Level 1, 50 percent for a Level 2, and 85

percent for a Level 3 diesel emission control strategy.

(g) A transit agency with fewer than 20 buses in its active fleet may

apply for an extension to comply with the provisions of section

1956.2 by submitting documentation of financial hardship to the

Executive Officer, in writing, at least 30 days before the

requirement becomes applicable for approval by the Executive

Officer. Documentation of financial hardship shall include, but is

not limited to, an analysis of the cost of compliance, the sources of

available funds, and the shortfall between funds available and the

cost of compliance. The transit agency must also specify the date

and means by which compliance will be achieved in the request for

a delay.

NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018, 43701(b)

Health and Safety Code. Reference: Sections 39002, 39003, 39017, 39500,

39650, 39667, 40000, 43000, 43000.5, 43013, 43018, 43701(b), 43801, 43806

Health and Safety Code, and sections 233, 28114, Vehicle Code.
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Amend section 1956.4 to read as follows:

1956.4 Reporting Requirements for all Urban Bus Transit Agencies

(a) The following reports on new bus purchases and/or leases by

transit operators on the alternative-fuel path shall be submitted as

described below:

(1) The initial report shall be submitted by January 31, 2001,

and shall state the transit agency’s intent to follow the

alternative-fuel path.

(2) Any requests for deviation from the requirement that 85

percent of buses purchased per year must be alternative-fuel

buses must be submitted in writing and approved by the

Executive Officer of the Air Resources Board 90 days prior

to purchase. The written request must include the reason for

requesting the deviation from the 85 percent annual

purchase requirement and the transit agency’s future

planned alternative-fuel bus purchases.

(3) Each tTransit agencyies shall submit an annual reports

containing: the number, manufacturer, make, and model

year of engines, and fuel used for engines in for each transit

buses it they currently owns or operates, bus purchases

and/or leases beginning January 1, 2000, and annual

average percentage of total bus purchases and/or leases

that were alternative-fuel buses. The first report shall be

submitted by January 31, 2001. Subsequent reports shall be

submitted annually by January 31 through the year 2016.

(b) The following reports on new bus purchases and/or leases by

transit operators on the diesel path shall be submitted as described

below:

(1) The initial report shall be submitted by January 31, 2001,

and shall state the transit agency’s intent to follow the diesel

path.

(2) Each tTransit agencyies shall submit an annual reports

containing the number, manufacturer, make, and model year

of engines, and fuel used for engines in for each transit

buses it they currently owns or operates, and bus purchases

and/or leases beginning January 1, 2000. The first report

shall be submitted by January 31, 2001. Subsequent reports
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shall be submitted annually by January 31 through the year

2016.

(3) A transit agency within the jurisdiction the South Coast Air

Quality Management District that chooses to change from

the diesel path to the alternative fuel path in accordance with

paragraph (a) (2) of section 1956.2, title 13, CCR, must

submit to the Executive Officer a letter of intent to follow the

alternative fuel path no later than January 31, 2004. The

letter of intent shall contain a statement certifying that the

transit agency is in compliance with all provisions of the fleet

rule for transit agencies on or before January 1, 2004.

(c) Each transit agency shall submit tThe following reports on the NOx

fleet average requirement shall be submitted as described below:

(1) Initial documentation shall be submitted by January 31,

2001, and contain, at a minimum, the active urban bus fleet

NOx emission average, and if that number exceeds the

average required in subdivision (e), section 1956.2, title 13,

CCR, a schedule of actions planned to achieve that average

by October 1, 2002, including numbers and model years of

bus purchases, retirements, retrofits, and/or repowerings, or

shall indicate the intent of the transit agency to retire all

model year 1987 and earlier buses in its active fleet by

October 1, 2002.

(2) A final report shall be submitted by January 31, 2003,

detailing the active urban bus fleet NOx emission average as

of October 1, 2002, and actions, if any were needed, taken

to achieve that standard, including numbers and model

years of bus purchases, retirements, retrofits, and/or

repowerings, or documenting the retirement of all model year

1987 and earlier buses.

(d) Each transit agency shall submit tThe following reports on the total

diesel PM bus retrofit emission reduction requirements shall be

submitted as described below:

(1) An iInitial annual reports shall be submitted by January 31,

2003, the dates shown below and shall contain, at a

minimum, the following information:

(A) number, manufacturer, make, and model year of

diesel-fueled, dual-fuel, bi-fuel (except for heavy-duty

pilot ignition engines), and diesel hybrid-electric
II-19

engines in urban buses in the active fleet; the PM

engine certification value of each of those bus

engines; the diesel PM emission total for the diesel

buses in the active fleet; and the diesel PM emission

total for the baseline date of January 1, 2002.

projected number and model year of buses to be

retrofitted annually, projected number and model year

of exempt buses, if any, and basis for exemption.

(B) for transit agencies on the alternative-fuel path, a

report for Tier 1 and Tier 2 requirements shall be

submitted by January 31, 2002; a report for Tier 3

requirements shall be submitted by January 31, 2005

For each urban bus, for which a diesel emission

control strategy has been applied, the device’s

product serial number; its Diesel Emission Control

Strategy Family Name in accordance with the

requirements of section 2705 (g)(2), title 13, CCR;

and the date of installation.

(C) for transit agencies on the diesel path, a report for

Tier 1 and Tier 2 requirements shall be submitted by

January 31, 2002; a report for Tier 3 requirements

shall be submitted by January 31, 2003.

(2) Transit agencies shall submit annual reports, in accordance

with the schedules in paragraphs (A) and (B) below,

containing records of number and model year of dieselfueled, dual-fuel, bi-fuel, and diesel hybrid buses in the

active fleet, number and model year of buses retrofitted per

year, retrofit devices used, number and model year of

exempt buses, if any, and basis for exemption, and number

and model year of buses retired, if any. Annual reports shall

be submitted each year beginning January 31, 2004 and

each January 31 thereafter, through 2009, and shall contain

the information required in sectionsparagraphs (d)(1)(A) and

(B) above plus the total percentage reduction of PM

achieved from the baseline diesel PM emission total as of

January 1 of each applicable year.

(A) for transit agencies on the alternative-fuel path, a

report on compliance with Tier 1 requirements shall

be submitted by January 31, 2003. For Tier 2, annual

compliance reports shall be submitted by January 31,

beginning in 2003 and ending in 2005. For Tier 3,
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annual compliance reports shall be submitted by

January 31, beginning in 2007 and ending in 2009.

(B) for transit agencies on the diesel path, a report on

compliance with Tier 1 requirements shall be

submitted by January 31, 2003. For Tier 2, annual

compliance reports shall be submitted by January 31,

beginning in 2003 and ending in 2004. For Tier 3,

annual compliance reports shall be submitted by

January 31, beginning in 2005 and ending in 2007.

(e) The following reports on the zero-emission bus demonstration

program shall be submitted by those transit agencies required to

conduct such demonstrations, as described below:

(1) Initial documentation shall be submitted by January 31,

2003, and contain, at a minimum, the bus order and delivery

schedule, fuel type, type of refueling station, any planned

facility modifications, and a revenue service demonstration

plan;

(2) A financial plan shall be submitted by January 31, 2003, and

contain, at a minimum, projected expenditures for capital

costs for purchasing and/or leasing buses, refueling stations,

any facility modifications, and projected annual operating

costs;

(3) A final report shall be submitted by January 31, 2005, and

contain, at a minimum, the following information:

(A) a brief description of the zero-emission technology

utilized, identification of bus manufacturer and product

specifications,

(B) miles driven per bus in revenue service, safety

incidents, driver and mechanic training conducted,

and maintenance (both scheduled and unscheduled),

(C) qualitative transit personnel and passenger

experience, and

(D) a financial summary of capital costs of demonstration

program, including bus purchases and/or leases,

fueling infrastructure, any new facilities or

modifications, and annual operating costs.
II-21

(f) The following reports on new zero-emission bus purchases and/or

leases shall be submitted by transit agencies required to purchase

zero-emission buses as described below:

(1) Initial report shall be submitted by January 1, 2007 for transit

agencies on the diesel path, and by January 1, 2009, for

transit agencies on the alternative-fuel path. The initial

report shall contain, at a minimum, the following information:

(A) a brief description of the zero-emission technology to

be utilized and a plan for the implementation of the

requirement,

(B) for an exemption from the purchase requirement,

documentation that 15 percent or more of the transit

agency’s active urban bus fleet is composed of zeroemission buses.

(2) Any requests for deviation from the requirement that 15

percent of buses purchased per year must be zero-emission

buses must be submitted in writing and approved by the

Executive Officer of the Air Resources Board 90 days prior

to a transit agency submitting a purchase order(s) reflecting

the purchase deviation. The written request shall include the

reason for requesting the deviation and the transit agency’s

future planned zero-emission bus purchases.

(3) Transit agencies on the diesel path shall include in the

annual reports required in paragraph (b)(2): zero-emission

bus purchases and/or leases beginning with model year

2008 and through model year 2015, and the annual average

percentage of total bus purchases and/or leases that were

zero-emission buses.

(4) Transit agencies on the alternative-fuel path shall include in

the annual reports required in paragraph (a)(3): zeroemission bus purchases and/or leases beginning with model

year 2010 and through model year 2015, and the annual

average percentage of total bus purchases and/or leases

that were zero-emission buses.

(g) Transit agencies exempted from the requirements of paragraphs (c)(5)

and (d)(4), section 1956.2, Ttitle 13, CCR, shall submit annual reports

demonstrating that they are achieving NOx emission benefits required in

paragraphs (c)(8)(B) and (d)(7)(B), section 1956.2, Ttitle 13, CCR. The
II-22

first report shall be submitted by January 31, 2005. Subsequent reports

shall be submitted annually by January 31 through the year 2016.

NOTE: Authority cited: Sections 39600, 39601, 39659, 39667, 39701, 43018,

41511 Health and Safety Code. Reference: Sections 39667, 39700, 39701,

41510, 41511, 43000, 43000.5, 43013, 43018, 43801, 43806 Health and Safety

Code.
II-23

Amend title 13, California Code of Regulations, section 1956.8, to read as

follows:

1956.8. Exhaust Emissions Standards and Test Procedures - 1985 and

Subsequent Model Heavy-Duty Engines and Vehicles.

(a) (1) [No Change]

(2) [No Change]

(3) [No Change]

(4) [No Change]

(b) The test procedures for determining compliance with standards applicable to

1985 and subsequent heavy-duty diesel engines and vehicles and the

requirements for participation in the averaging, banking and trading programs,

are set forth in the "California Exhaust Emission Standards and Test Procedures

for 1985 through 2003 and Subsequent Model Heavy-Duty Diesel Engines and

Vehicles," adopted April 8, 1985, as last amended December 8, 2000 [insert last

amended date], “California Exhaust Emission Standards and Test Procedures for

2004 and Subsequent Model Heavy-Duty Diesel Engines,” adopted [insert date

of adoption], and the “California Interim Certification Procedures for 2004 and

Subsequent Model Hybrid-Electric Vehicles, in the Urban Bus and Heavy-Duty

Vehicle Classes”, adopted [insert adopted date], which is are incorporated by

reference herein.

(c) [No Change]

(d) The test procedures for determining compliance with standards applicable

to 1987 and subsequent heavy-duty Otto-cycle engines and vehicles are set forth

in the "California Exhaust Emission Standards and Test Procedures for 1987

through 2003 Model Heavy-Duty Diesel Engines and Vehicles" adopted April 25,

1986, as last amended December 27, 2000, and the “California Exhaust

Emission Standards and Test Procedures for 2004 and Subsequent Model

Heavy Duty Otto-Cycle Engines,” adopted December 27, 2000, and the

“California Interim Certification Procedures for 2004 and Subsequent Model

Hybrid-Electric Vehicles, in the Urban Bus and Heavy-Duty Vehicle Classes”

adopted [insert adopted date], which is are incorporated by reference herein.

(e) [No Change]

(f) [No Change]

(g) [No Change]
II-24

(h) [No Change]

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101,

43104, and 43806, Health and Safety Code; and Section 28114, Vehicle Code.

Reference: Sections 39002, 39003, 39500, 43000, 43013, 43018, 43100, 43101,

43101.5, 43102, 43104, 43106, 43202, 43204, 43206, 43210-43213, and 43806,

Health and Safety Code; 43105 and Section 28114, Vehicle Code.
II-25

Amend title 13, California Code of Regulations, section 2112, to read as

follows:

2112. Definitions.

(a) [No Change]

(b) [No Change]

(c) [No Change]

(d) [No Change]

(e) [No Change]

(f) [No Change]

(g) [No Change]

(h) [No Change]

(i) [No Change]

(j) [No Change]

(k) [No Change]

(l) [No Change]

(1) [No Change]

(2) [No Change]

(3) [No Change]

(4) [No Change]

(5) [No Change]

(6) [No Change]

(7) [No Change]

(8) [No Change]

(9) [No Change]

(10) [No Change]

(11) [No Change]

(12) [No Change]

(13) [No Change]

(14) [No Change]

(15) [No Change]
II-26

(16) [No Change]

(17) [No Change]

(18) [No Change]

(19) [No Change]

(20) For 2004 and subsequent model-year heavy heavy-duty diesel

engines, 2004 and subsequent model-year heavy-duty diesel urban

buses, 2004 and subsequent model-year heavy-duty diesel engines to

be used in urban buses, and 2004 and subsequent model year hybridelectric urban buses for carbon monoxide, particulate, and oxides of

nitrogen plus non-methane hydrocarbon emissions standards, a period

of use of 10 years or 435,000 miles, or 22,000 hours, whichever first

occurs, or any alternative useful life period approved by the Executive

Officer, except as provided in paragraphs (19)(i) and (19)(ii).

(i) [No Change]

(ii) [No Change]

(20) [No Change]

(21) [No Change]

(m) [No Change]

(n) [No Change]

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104,

43105 and 43806, Health and Safety Code; and Section 28114, Vehicle Code.

Reference: Sections 39002, 39003, 39500, 43000, 43013, 43018, 43100, 43101,

43101.5, 43102, 43104, 43106, 43202, 43204, 43206, 43210-43213, and 43806,

Health and Safety Code; and Section 28114, Vehicle Code.
II-27

State of California

AIR RESOURCES BOARD

CALIFORNIA CERTIFICATION PROCEDURES FOR PM RETROFIT DEVICES

FOR ON-ROAD HEAVY-DUTY DIESEL ENGINES

Adopted: November 22, 2000

Note: The entire text of this document, which is incorporated by

reference in section 1956.2, Title 13, CCR, is new language.
II-28

(a) Applicability: These procedures apply to applicants for certification

of retrofit devices to reduce particulate matter (PM) emissions from on-road

heavy-duty diesel engines, when PM retrofit is required or permitted for an

affected engine family. Certification compliance shall be demonstrated as set

forth in subdivisions (b) through (h), below.

(b) Test procedure: The applicant shall use the heavy-duty engine

Federal Test Procedures as set forth in “California Exhaust Emission Standards

and Test Procedures for 1985 and Subsequent Model Heavy-duty Diesel

Engines and Vehicles” adopted April 8, 1985, as last amended November 22,

2000. Alternatively, the applicant, with written approval of the Executive Officer,

may use a chassis test cycle for certification compliance. The Executive Officer

shall approve the chassis test cycle if he determines that it represents normal

driving conditions of the vehicle application(s) for which the device is warranted

for use by the applicant. For each engine selected for testing, the applicant shall

complete at least two emission tests using the same retrofit device.

(c) Emission results: In order for the retrofit device to be certified by the

Executive Officer, the test results must demonstrate that the retrofit device

reduces engine-out PM emissions by at least 85 percent, or, alternatively,

reduces PM emissions to 0.01 g/bhp-hr or less. For retrofit devices tested with

an Executive Officer-approved chassis test cycle, certification compliance shall

be demonstrated by compliance with the 85 percent emission reduction

requirement. The retrofit device shall not cause the engine to fail to meet any

California emission standard or other requirement for the heavy-duty application

for which the retrofit device is certified.

Pursuant to subdivision (h) of section 27156 of the Vehicle Code, an original

equipment pollution control device may be removed from the test engine

provided that the certification emission test results demonstrate an 85 percent

conversion efficiency, or, alternatively, that PM emissions have been reduced to

0.01 g/bhp-hr or less, and that the engine does not fail to meet any California

emission standard or other requirement applicable to that engine. No

deterioration factors shall be applied to the measured results.

(d) Emissions test engine selection: The applicant shall select

separate test engines to represent four-stroke engine families and two-stroke

engine families. In each case, the test engine used must represent the “worst

case” with respect to particulate emission control for each engine family for which

the retrofit device is being certified. Engine families may be aggregated if the

applicant can demonstrate to the Executive Officer that emissions and retrofit

device performance do not vary significantly between aggregated engine

families. For retrofit devices being certified to reduce PM emissions by 85

percent, the worst case test engine shall represent the engine family with the

lowest PM emissions when originally certified by the ARB. For retrofit devices

being certified to reduce PM emissions to a level of 0.01 g/bhp-hr or less, the
II-29

worst case test engine shall represent the engine family with the highest PM

emissions when originally certified by the ARB.

(e) Diesel test fuels: The test fuel required for the baseline test and the

test with the retrofit device in place shall meet the specifications contained in 40

CFR 86.1313-94(b)(2)(Federal Register, Vol.62, No. 172, September 5, 1997,

page 47125), with the exception that the sulfur content must not exceed 15 parts

per million by weight, and shall be representative of fuel used in-use.

(f) Emissions warranty: As a condition of certification, the applicant

shall warrant that the certified retrofit device, when properly installed and

maintained as stated in the applicant’s written instructions for proper

maintenance and use, will not cause the heavy-duty diesel engine for which the

retrofit device is certified to exceed the applicable emission standards set forth in

Title 13, CCR, for a period of at least 150,000 miles from the date when the

retrofit device is installed. The applicant shall also warrant that the certified

retrofit device will not cause damage to the engine, when properly installed and

maintained, for this same mileage interval.

The applicant shall provide an emissions defect warranty stating that if the

certified retrofit device is properly installed and maintained as stated in the

applicant’s written instructions for proper maintenance and use, the applicant will

replace all defective parts, free of charge, for a period of at least 100,000 miles

from the date when the retrofit device is installed.

The applicant shall provide a written statement to the purchaser that the certified

retrofit device will not result in any unsafe condition endangering the motor

vehicle or its occupants in any operational mode, including malfunction.

(g) Durability requirements: The applicant shall demonstrate device

durability through field testing representing a mileage interval of at least 150,000

miles. Mileage accumulation shall be performed on a vehicle application

representative of the vehicle application for which the applicant warrants the use

of the retrofit device. The applicant may propose to shorten the durability testing

requirements, with prior approval by the Executive Officer, if sufficient data, such

as durability bench testing data, are available to determine durability to at least

150,000 miles. Any durability testing shall use diesel fuel meeting the

specifications in subdivision (e), above.

(h) Labeling requirements: The applicant shall label each retrofit device

with a permanent, non-destructible label or stamp identifying the manufacturer,

the model number, the month and year of manufacture, and the Executive Order

number issued by the ARB. The label or stamp shall be easily visible after

installation of the retrofit device according to the applicant’s written instructions

for proper maintenance and use. Each applicant shall submit a sample of its
II-30

label or stamp to the ARB for review and approval, prior to selling the retrofit

device.