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### SOUTH COAST AIR QUALIT Y MANAGEMENT DISTRICT

CLEAN FLEET VEHICLE RULES

ADVISORY NOTICE TO FLEETS SUBJECT TO SCAQMD FLEET VEHICLE RULES 1186.1, 1191, 1192, 1193, 1194, 1195, and 1196

IMPLEMENTATION OF THE FLEET RULES FOLLOWING MAY 6, 2005 ORDER OF THE U.S. DISTRICT COURT IN

ENGINE MANUFACTURERS ASSOCIAT ION ET AL. V. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

(Date: July 20, 2005)

The South Coast Air Quality Management District, follow ing the May 6, 2005 Order of the United States District Court, Central District of California, in Engine Manufacturers Association et al. v. So uth Coast Air Quality Management District , is taking the steps described below:

• The Fleet Rules shall be in full force and effect as they apply to state and local public entities, including the State of California, counties, cities, and special

districts.

• The SCAQMD will not affirmatively en force the requirements of the Fleet Rules as they apply to federal public entities.

• The Fleet Rules shall be in full force and effect as they apply to private entities under contract to state or local public entities, including the St ate of California, counties, cities, and special districts.

• The SCAQMD will not affirmatively en force the requirements of the Fleet Rules as they apply to pr ivate entities that are not under contract to state or local public entities.

• The SCAQMD encourag es all fleet operators to purchase clean-fuel vehicles to

benefit the environment.

Please review detailed information below re garding the Fleet Rules affecting your

vehicle fleets.2 Rules 1191 and 1196 -- Clean On-Road Light-, Medium-, and Heavy-Duty Public

Fleet Vehicles

Rules 1191 and 1196 shall be in full force and effect, except as they apply to federal public entities.

Rule 1192 – Clean On-Road Transit Buses

Rule 1192 shall be in full force and effect as it applies to public entities, except federal public entities. Rule 1192 shall be in fu ll force and effect as it applies to private transit operators under contract to a transit agency or go vernment agency, so long as such agency is not a federal agency.

Rule 1193 – Clean On-Road Residential and Commercial Refuse Collection Vehicles

Rule 1193 shall be in full force and effect as it applies to public entities, except federal public entities. Rule 1193 shall be in fu ll force and effect as it applies to private solid waste collection fleet operators under contract to or operating under an exclusive license to a government agency, so long as such agency is not a federal agency. The SCAQMD will not take affirma tive steps to enforce the requirements of Rule 1193 as it applies to private entities that are not under contract to or operating

under an exclusive license to an y state or local public entity.

Rule 1194 – Airport Ground Access

Rule 1194 shall be in full force and effect as it applies to public entities, except federal public entities. To th e extent that an airport auth ority provides services with vehicles it owns, the airport authority is c onsidered a public en tity. Rule 1194 shall be in full force and effect as it applies to private airport fleet operators under contract to or operating under an excl usive license to a government agency, so lo ng as such agency is not a federal ag ency. The SCAQMD will not take affirmative steps to enforce Rule 1194 as it applies to private entities that are not under contract to or operating under an exclusive license to any state or local public entity.

Affected airport fleet operators who have purchased vehicles with SCAQMD funding have contractual obligations that the SCAQMD will continue to enforce, including the obligation to operate their vehicles in the South Coast Air Basin.

Rule 1195 – Clean On -Road School Buses

Rule 1195 shall be in full force and effect as it applies to public entities, except federal public entities. Rule 1195 shall be in fu ll force and effect as it applies to private school bus fleet operators under co ntract to a public entity, so long as such entity is not a federal agency. The SCAQ MD will not take affirmative steps to enforce Rule 1195 as it applies to private sc hool bus fleet operators that are not under contract to any state or local pub lic entity, such as a school district.3 Rule 1186.1 – Less-Polluting Sweepers

Rule 1186.1 shall be in full force and effect as it applies to p ublic entities, except federal public entities. Rule 11 86.1 shall be in full force and effect to the extent that it requires public entities to solicit bids fo r street-sweeping services from vehicle operators providing clean-fuel street sweepers . Rule 1186.1 shall be in full force and effect as it applies to private fleet operators under contract to a government agency, so long as such agency is not a federal agency.

Rule Exemption Requests The SCAQMD staff will continue to evaluate exemption reque sts as provided in each

Rule and associated guidance documents.

Fleet Rule Compliance and Enforcement SCAQMD staff will continue monitoring fleet purchase activities as required under the Fleet Rules. Non-compliant vehicle purchases made by private fleets between May 26, 2004 and the effective date of this Advisory will not be subject to enforcement of the applicable fleet rules. Such private fl eets are asked to provide the

vehicle identification number for those non-ru le compliant vehicles purchased during this period of time for recordke eping purposes only. As of the effective date of this Advisory, the SCAQMD will re sume enforcement actions affecting private fleets consistent with this Advisory.

Effective Date and Subsequent Changes to this Advisory This Advisory shall be in eff ect as of August 1, 2005. This Advisory is subject to change and may be superceded by subseque nt Advisories or Notices. Specifically, this Advisory may be changed in the future so as to cover additional private fleet operators subject to existing Fleet Rules. Affected fleet operators are advised to check periodically with SC AQMD staff or access the SCAQMD’s website at the

address shown below for furt her Advisories or Notices.

There is an overall need to continue to re duce emissions from mobile sources as early as possible. Many alternative-fuel engine s are inherently cleaner than conventionalfueled vehicles (in particular, diesel-fueled vehicles) relative to nitrogen oxides and particulate matter (if the diesel vehicle is not equipped with after-treatment controls).

Accelerated reductions are needed to m eet particulate-matter and ozone air-quality standards as early as practicable.

For More Information The Fleet Rules are available on the SCAQMD website at: www.aqmd.gov/tao/Fleetrules . This Advisory and any additional status updates will be provided to affected parties and on th e website. If you have questions regarding this Advisory’s application to yo ur vehicle fleets, please contact:4 Mr. Dean Saito, Manager Mobile Source Strategies Section Science and Technology Advancement SCAQMD 21865 Copley Drive Diamond Bar, CA 91765 (909) 396-2647

or call or write to the Mobile Source Strategies Section at: Hotline: (909) 396-3044 e-mail: fleetrules@aqmd.gov