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APPENDIX E: PROPOSED MINOR AMENDMENTS TO THE OFF-ROAD 

AND LSI FLEET REGULATIONS 

This appendix gives an in-depth description of the proposed minor amendments 

to the off-road and LSI fleet regulations. 

A. Proposed Minor Modifications to the Off-road Regulation 

The following sections describe, in detail, the proposed minor amendments to the 

off-road regulation. 

The proposed minor amendments include: 

• Replace the word “should” with “shall” wherever it appears in the 

regulation; 

• Modify the captive attainment area fleet definition to address the 

proposed major modification to combine the PM and NOx fleet average 

and BACT requirements; 

• Clarify the low use vehicle definition; 

• Modify the flexibility engine provisions to simplify the reporting 

requirements for post-2007 flexibility engines and remove the requirement 

to account for such “flex” engines differently in the fleet average 

calculations; 

• Clarify the alternative fuel regulatory language; 

• Add additional incentives for electric vehicles; 

• Include a provision to incentive the use of hybrid vehicles; 

• Remove the hours in fleet average compliance option; 

• Add language to the new fleet provisions to clarify what requirements 

must be met by new fleets; 

• Simplify the adding vehicle provisions; 

• Combine the final compliance requirements for all fleets, and clarify that 

after the final compliance date, the turnover and retrofit exemptions are 

still applicable; 

• Modify the reporting deadlines for all fleets; 

• Modify the labeling requirements for all vehicles;

• Clarify the Compliance Certification process; 

• Revise the order of turnover language to avoid requiring fleets to 

distinguish between Tier 1s with a PM standard and those without; 

• Clarify the turnover exemption for vehicles with early VDECS installations 

by adding additional descriptive language; and 

• Modify the SOON NOx targets to be consistent with the revised fleet 

average targets. 

1. Take out the word “should” 

The regulation contains the word “should” in many places throughout the 

regulation. Staff believes the word “should” could incorrectly be interpreted to 
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mean that many provisions in the regulation are optional, rather than mandatory 

as intended. Therefore, staff is proposing to remove all instances of the word 

“should” throughout the regulation, and will replace this word with “shall”. 

2. Captive attainment area fleet definition 

Currently in the regulation, a captive attainment area fleet (defined in section 

2449(c)(6)) is exempt from all the NOx (i.e., turnover) requirements of the 

regulation and is instead subject only to the PM (i.e., retrofit) requirements. The 

regulation was structured this way to recognize that such fleets operate only in 

the areas of the State with the cleanest air (and hence with the least need for 

NOx reductions) but still ensure such fleets reduced their toxic diesel PM 

emissions. Now that staff is proposing to remove section 2449.2 (the PM portion 

of the regulation), staff is proposing to modify this definition to designate a 

captive attainment area fleets a small fleet, regardless of the total horsepower in 

the fleet. This will still allow such fleets to have reduced compliance costs but 

still make progress toward reducing their toxic diesel PM emissions. 

3. Low-use vehicle definition 

The off-road regulation implicitly contains two types of low-use vehicles – yearby-year low-use and permanent low-use (ARB, 2009a). Therefore, staff is 

proposing to explicitly identify the two types of low-use within the regulation by 

including language currently available in the guidance document listed above. 

4. Modify post-2007 flexibility engine provision 

Currently per section 2449(c)(43) of the regulation, if a fleet contains a flexibility 

(FLEX) engine certified prior to January 1, 2007, the fleet can ignore the 

certification value of the FLEX engine, and instead use the emissions charts 

located in Appendix A of the off-road regulation to determine the appropriate 

emission factor to use for that engine. However, for post-2007 FLEX engines, 

the fleet must use the emission standard to which the engine is certified. Such 

engines are required per Title 13 Section 2423(d)(5) to be clearly labeled as flex 

engines on the engine label as follows: ”THIS ENGINE COMPLIES WITH 

CALIFORNIA EMISSION REQUIREMENTS UNDER 13 CCR 2423(d). SELLING 

OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN FOR THE 

EQUIPMENT FLEXIBILITY PROVISIONS CITED MAY BE A VIOLATION OF 

STATE LAW SUBJECT TO CIVIL PENALTY”. However, they are not required to 

be labeled with the emission standard to which the engine is flexed. 

While complying with the regulation’s initial reporting requirements in 2009, many 

fleets had trouble determining what standard their post-2007 FLEX engines were 

flexed to. ARB staff attempted to assist such fleets and found in many cases that 

it was difficult or even impossible to determine what standard to which the engine 

was flexed. Even the engine certification executive order does not list the 

information, again simply noting that the listed engine family is a FLEX engine. 

As a result, fleets with post-2007 FLEX engines may spend an inordinate amount 
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of time trying to determine the standard, and – even after attempting to find the 

correct standard - may report the standard incorrectly. 

Staff is proposing to modify the Post-2007 flexibility provisions to no longer 

require the reporting of the actual emission factor for these engines. Similarly to 

pre-2007 flex engines, a fleet would ignore that the engine had been “flexed”, 

and would instead use the emissions charts located in Appendix A of the off-road 

regulation to determine the appropriate emission factor to use for that engine. 

5. Alternative fuel provisions 

Currently in section 2449(d)(1) of the regulation, electric vehicles can be 

incorporated in a fleet (using 0 for the PM and NOx emission factors) and help 

meet compliance with the regulation’s requirements. However, for some fleets, 

adding electric vehicles into their off-road fleet will increase the fleet’s total 

horsepower and could result in (1) bumping the fleet up into the next fleet size 

category, and/or (2) increasing the amount of vehicle turn over and retrofitting 

required under the BACT requirements. These consequences have discouraged 

some fleets from using electric vehicles, which was counter to the intent of this 

provision. Therefore, staff is proposing to remove electric vehicle horsepower 

from the fleet’s total horsepower calculation, which will also result in removing 

this horsepower from all BACT calculations as well. 

Additionally, section 2449(d)(1) allows fleets to replace, repower, and convert 

diesel vehicles to alternative fuel vehicles as compliance options in the 

regulation. However, as implementation of the regulation began, staff became 

aware of several inconsistencies within the alternative fuel provisions. Therefore, 

staff is also proposing to modify various provisions in this section to clarify or 

remove ambiguous parts of the language. Staff does not anticipate that these 

clarifications or modifications will change the intent or tighten the stringency of 

the provisions. 

6. Incentivize hybrid off-road vehicles 

Hybrid electric-diesel off-road excavators and dozers are now available for 

purchase by California fleets. This technology shows promise in providing 

criteria pollutant and greenhouse gas emission reductions, while also achieving 

significant fuel economy benefits and fuel cost savings. Currently, there are only 

two manufacturers – Caterpillar and Komatsu – that offer hybrid equipment for 

sale in California; however, other manufacturers are expected to offer hybrid 

equipment over the next year. This technology offers an opportunity for lower 

emissions and fuel economy savings, but as the regulation is currently written, 

there is very little incentive for fleets to purchase these hybrid vehicles for 

compliance. Although these vehicles may have lower NOx and/or PM emission 

factors, a fleet that purchases hybrid off-road vehicles must still use the same 

emission factors as an equivalent tier diesel vehicle. Staff is proposing to 

incentivize the use of hybrid off-road vehicles by allowing fleets to use a lower 
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emission factor(s) for hybrid equipment used in a fleet. In order to use a lower 

emission factor(s), the equipment must have completed in-use emissions testing, 

and it must be shown through emissions testing that the emission factors of the 

hybrid vehicle are less than the emission factor(s) of an equivalent tier diesel 

vehicle. The fleet can then apply to the Executive Officer to use the lower 

emission factor(s). 

7. Remove hours in fleet average provision 

Many stakeholders have commented that they do not like the hours in fleet 

average option in section 2449(d)(2) because in order to use this provision, the 

fleet average calculated is increased by 18 percent. Stakeholders view this as a 

penalty that prevents them from utilizing the hours in fleet average provisions. 

The 18 percent increase was included in the regulation to account for the fact 

that newer vehicles operate more than older vehicles. Based on activity data 

submitted by fleets to ARB for the purpose of claiming AB 8 2X Reduced Activity 

Credit (AB 8 2X, 2009), staff still believes this 18 percent factor necessary; newer 

equipment is still being utilized more than older equipment (see Figure E-1 

below). During the May and June 2010 workshops, staff polled workshop 

attendees regarding whether any fleets intended to utilize the hours in fleet 

average option as written, and no fleets indicated that they intended to do so. 

Figure E-1: Average Vehicle Activity by Year in DOORS 

0

200

400

600

800

1000

1200

0 5 10 15 20 25 30 35 40

Equipment Age (Years)

Hours/yr

2007

2009

Staff does not believe it is appropriate to remove the 18 percent factor; doing so 

would inadvertently decrease the stringency of the regulation and forego 

emission reductions. Therefore, since staff received feedback at the amendment 

workshops that this provision will not be used by fleets while the 18 percent 
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factor remains in place, to simplify the regulation, staff is proposing to remove 

this compliance option from the regulation. 

8. New fleet requirements 

Currently in the regulation (section 2449(d)(5)), if a fleet is new (i.e., either newly 

formed, or entering the state for the first time), it must be meeting the fleet 

average targets immediately upon forming, or entering the state. These 

requirements were developed to assure that 1) fleets cannot be formed with older 

Tier 0 equipment discarded by California fleets (i.e., would result in keeping older 

equipment within the state), and 2) that out-of-state fleets can only bring the 

newest, cleanest vehicles into the state. Additionally, by requiring new fleets to 

have cleaner equipment, it assures that in-state fleets already complying with the 

regulation would not be put at a competitive disadvantage to newly formed or 

out-of-state fleets (requires all fleets working in California to have invested in 

cleaner equipment). Although the intent of this provision is clear, currently it is 

ambiguous regarding whether or not a new fleet always has to meet the fleet 

average targets, or if the new fleet may, after having initially met the fleet 

average targets, meet the BACT requirements on other compliance dates after 

their first compliance date. Additionally, it does not specify what fleet targets 

(which compliance year, whether for large, medium, or small fleets) the fleet must 

meet. Staff is proposing to clarify exactly what fleet averages must be met, and 

when the fleet can start complying with the BACT requirements if they want to do 

so. 

Staff is proposing upon purchasing vehicles or bringing vehicles into the state for 

the first time, a fleet must meet the following requirements: 

• Large or Medium fleets: A new large or medium fleet must meet the fleet 

average target for the closest future large fleet compliance date upon 

initial formation or upon entrance into the state after the effective date of 

the proposed amendments. 

• Small fleet: A new small fleet must meet the fleet average target for the 

closest future small fleet compliance date upon initial formation or upon 

entrance into the state after the effective date of the proposed 

amendments. 

For any size fleet, the new fleet would have the choice of meeting either the fleet 

average target or the BACT requirements for subsequent compliance dates. 

For example, if a medium fleet enters the state in June 2013, the fleet must be 

meeting the next future large fleet average target, which is January 1, 2014, 

immediately upon entering the state. After meeting this target, the fleet would 

have no other compliance requirements until the first medium fleet compliance 

date, which is January 1, 2017; for this compliance date, the fleet could meet 

either the fleet average target, or comply with the BACT requirements. 
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9. Adding vehicle requirements 

The provisions in section 2449(d)(7) have requirements for adding vehicles that 

differ based on whether or not a fleet meets the fleet averages (i.e., is complying 

via the fleet average or BACT requirements). The chart below is an illustration of 

the adding vehicle provisions for fleets complying via the BACT requirements, 

and indicates the lowest tier vehicle that can be added in each year by a large or 

medium fleet. The requirements differ depending on the horsepower of the 

vehicle. 

Figure E-2: Current Adding Vehicles Requirements 

Horsepower 

Group 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

25-49 hp

50-74 hp

75-99 hp

100-174 hp

175-299 hp

300-599 hp

600-750 hp

Greater than 750 

hp

Horsepower 

Group 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

25-49 hp

50-74 hp

75-99 hp

100-174 hp

175-299 hp

300-599 hp

600-750 hp

Greater than 750 

hp

T2

T3

T4I

T4

T4I

T4

The adding vehicle requirements for small fleets or fleets meeting the fleet 

average targets are not shown, but have a similar level of complexity as that 

demonstrated by the chart above for large or medium fleets meeting BACT. 

Fleets have indicated that complying with this provision will be complicated and 

confusing if the provisions are not changed. Staff agree, believe fleets are likely 

to misunderstand the adding vehicle provisions if they are not simplified, and do 

not feel the complexity of this provision is necessary. Additionally, fleets have 

expressed uncertainty as to whether the adding vehicle requirements can or will 

be enforced prior to U.S. EPA granting authorization for ARB to enforce the 

performance requirements of the off-road regulation. 

Staff is proposing to simplify this provision in the following ways: 

Adding Vehicle Requirements - Amend this provision to require that: 

• A ban on adding vehicles with Tier 0 engines to any fleet would begin only 

after: 

o The proposed amendments to the off-road regulation are certified by 

the Secretary of State; and 

o The Administrator of the U.S. EPA grants authorization to enforce the 

off-road regulation. 

• Beginning March 1, 2011, large and medium fleets would be allowed to 

add only vehicles with Tier 2 or higher engines, except as follows. A 
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vehicle with a Tier 1 engine could still be added during this time, as long 

as all the following conditions are met: 

o The added vehicle with the Tier 1 engine must have been registered in 

DOORS before March 1, 2011; 

o The fleet adding the vehicle with the Tier 1 engine must be registered 

in DOORS; and 

o The fleet removing the vehicle with the Tier 1 engine must be 

registered in DOORS. 

• Without exception, beginning January 1, 2013, large and medium fleets 

would be allowed to add only vehicles with Tier 2 or higher engines; 

beginning January 1, 2016, the restrictions would apply to small fleets; 

and 

• Beginning January 1, 2018, large and medium fleets would be allowed to 

add only vehicles with Tier 3 or higher engines; beginning January 1, 

2023, the restrictions would apply to small fleets.

These revised requirements will apply to all fleets regardless of compliance path, 

and to all horsepower categories, further simplifying this provision. 

10. Compliance after the final target date 

The current language regarding turnover exemptions is ambiguous as to whether 

or not these exemptions expire after 2020 (Compliance after the Final Target 

Date – section 2449(d)(10)). Additionally, with the delay in fleet requirements 

and the deletion of the PM portion of the regulation (section 2449.2), the dates 

and some of the requirements listed in this section are no longer applicable. 

Staff is proposing to clarify in section 2449(d)(10), Compliance after the Final 

Compliance Date, that turnover and retrofit exemptions do not expire after the 

final compliance date. Additionally, staff is proposing to change the final 

compliance date for large and medium fleets to January 1, 2023 (from March 1, 

2020), and for small fleets to January 1, 2028 (from March 1, 2026). Because 

staff is proposing to remove the PM requirements of the regulation, there will be 

no final PM compliance requirements. Therefore, staff is proposing that small 

fleets be required to meet the same final compliance requirements as large and 

medium fleets (i.e., they must meet the final fleet average); however, they will not 

need to meet those requirements until January 1, 2028, and there are no 

mandatory turnover requirements proposed for small fleets. 

11. Modify the reporting dates 

Staff is proposing to change the annual reporting dates in section 2449(g)(2) to 

make these dates more consisted with the new compliance deadlines. In the 

current regulation, all fleets must be in compliance by March 1 of each 

compliance year, and then report their fleet information to ARB by April, June, or 

August, depending on their fleet size. However, because staff is proposing to 

change the yearly compliance date from March 1 to January 1, staff is also 
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proposing to move the reporting date for all fleets to March 1. This means that 

instead of having large fleets report in April, medium fleets in June, and small 

fleets in August, all fleets would report on March 1 each year they are required to 

report. 

Additionally, since the initial compliance requirements for all fleets have been 

delayed four years, staff is proposing to delay the annual reporting requirements 

as follows: 

• Large fleets must report annually each year from 2010 to 2024; 

• Medium fleets must report annually each year 2016 to 2024; and 

• Small fleets must report annually each year from 2018 to 2029. 

12. Modify labeling requirements 

Staff has received feedback that the labeling provisions in the regulation (section 

2449(f)(2)) would be easier to enforce if the EINs were required on both sides of 

the vehicle; currently only the right (starboard) side of the vehicle is required to 

be labeled. Therefore, staff is proposing to require that fleets label both sides of 

their affected vehicles. 

Staff has also received feedback that the captive attainment area fleet provisions, 

which provide delayed requirements for vehicles that only operate in counties 

that meet federal air quality standards, will be difficult to enforce if vehicles that 

fall under this provision have labels that are identical to the labels of all other 

vehicles in the state. Therefore, staff is currently proposing to change the 

labeling requirements of these captive attainment area vehicles to require the 

EINs to be green with white letters, instead of red with white letters. 

Fleets would be required to label both sides of the vehicle, and modify the labels 

for captive attainment area vehicles, by January 1, 2013, providing approximately 

two years to comply. 

13. Compliance certification 

Per section 2449(f)(2) of the regulation, fleets must submit, each compliance 

year, certification by the responsible official that the fleet information submitted to 

ARB is accurate, and that the fleet is in compliance with all regulatory 

requirements. Alternatively, the responsible official can designate a 

representative to sign on his or her behalf. This process is called Compliance 

Certification. This certification is commonly confused with the Certificate of 

Reported Compliance that ARB issues to the fleet once the Compliance 

Certification from the fleet is received by ARB. Many fleets have found this 

process confusing because “Certificate” and “Certification” are such similar 

words, and because Compliance Certification was not required during the initial 

reporting period, and will only be required going forward once the regulation’s 

requirements are being enforced. Therefore, staff is proposing to change the 

name of the Compliance Certification process (that must be submitted by a fleet 
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each compliance year) to instead be called the “Responsible Official Affirmation 

of Reporting” process, which is not easily confused with “Certificate”, and to add 

clarifying language regarding designating a representative that will take the place 

of a responsible official. 

14. Order of turnover 

When fulfilling the NOx BACT requirements, a fleet must turn over all vehicles 

without a PM standard (i.e., Tier 0 and Tier 1 “uncontrolled” vehicles) before the 

turnover of higher tiered vehicles can be counted toward the BACT requirements 

(section 2449.1(a)(2)(A)3.). Many fleets are not aware that Tier 1 engines 

between 50 and 175 hp are considered “Tier 1 uncontrolled” engines, and 

therefore would also not be aware that turning over a Tier 1 vehicle with 200 

horsepower would not provide credit towards the requirements if a Tier 1 vehicle 

with 150 horsepower remained in the fleet. Staff is concerned that once the 

regulation is in effect, many fleets may inadvertently find themselves out of 

compliance because they kept a Tier 1 “uncontrolled” vehicle in their fleet and 

therefore were not able to take credit for turning over other Tier 1 vehicles. To 

simplify this provision, staff is proposing to revise this language to require fleets 

to turn over all Tier 0 and Tier 1 vehicles first, before the turnover of other higher 

tiered vehicles can be counted toward the BACT requirements in the fleet. 

15. Turnover exemption for vehicles with early VDECS 

installations 

Section 2449.1(a)(2)(A)4. allows a fleet to exempt up to 15 percent of its 

horsepower from later turnover requirements if it retrofits the vehicles with the 

highest level PM verified diesel emission control system (VDECS) by March 1, 

2011. This provision was adopted to encourage early retrofitting. Several 

questions on the applicability of this exemption have arisen that staff believe 

should be addressed and the language clarified as shown below. The delay of 

all turnover and retrofit requirements also provides an opportunity to encourage 

additional early VDECS installations by extending the deadline for fleets to 

receive this credit. 

Staff is proposing to add language to this section to extend the deadline for this 

provision from March 1, 2011 to January 1, 2013, and to clarify: 

1. If a fleet has more than 15 percent of its vehicle retrofit before January 1, 

2013, the fleet may choose any of those vehicles to be counted under this 

exemption, as long as the 15 percent cap is not exceeded; and 

2. Specify that a fleet must keep the VDECS on the vehicle in order to 

maintain the exemption. 

16. Recalibrating the SOON NOx targets 

The NOx targets used in the program to achieve supplemental NOx reductions in 

the South Coast AQMD (the SOON program) in section 2449.3 begin in 2011, 
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and were set up to be more stringent than the fleet average targets for the offroad regulation. However, since staff is proposing to delay the regulation start 

date by four years and to modify the NOx fleet average targets, the SOON 

targets need to be adjusted accordingly to remain consistent. The current SOON 

NOx targets are shown in Table E-1 below. 

Table E-1: Current SOON NOx Targets 

Compliance 

Date: March 1

of Year 

25-49 

hp 

50-74 

hp 

75-99 

hp 

100-174 

hp 

175-299 

hp 

300-599 

hp 

600-750 

hp 

>750 

hp 

2011 5.6 6.2 6.7 6.0 5.4 5.1 5.3 6.4 

2014 4.9 5.1 5.2 4.7 2.8 2.7 2.7 4.2 

2017 4.2 4.1 3.8 3.4 1.5 1.5 1.5 3.2 

2020 3.5 3.2 2.4 2.2 0.9 0.9 0.9 2.6 

2023 3.5 3.2 2.4 2.2 0.9 0.9 0.9 2.6 

Staff is proposing to make no change to the 2011 SOON NOx target, but would 

make the remaining SOON targets more consistent with the new fleet average 

targets proposed by staff and shown in Appendix A of this staff report. The 

proposed SOON targets in Table E-2 below have increased in the earlier years, 

and decreased in the later years of the regulation. 

Table E-2: Proposed SOON NOx Targets 

Compliance 

Date: January

1 of Year 

25-49 

hp 

50-74 

hp 

75-99 

hp 

100-174 

hp 

175-299 

hp 

300-599 

hp 

600-750 

hp 

>750 

hp 

2011 5.6 6.2 6.7 6.0 5.4 5.1 5.3 6.4 

2014 5.8 6.5 7.1 6.4 3.9 3.7 3.7 5.3 

2017 5.0 5.4 5.5 4.9 2.2 2.2 2.2 4.3 

2020 4.1 4.2 3.4 3.1 1.4 1.3 1.4 3.4 

2023 3.3 3.0 1.4 1.3 0.7 0.7 0.7 2.7 

B. Proposed Minor Modifications to the LSI Fleet Regulation 

The following sections describe in more detail the proposed minor amendments 

to the LSI fleet regulation. 

1. Add an “Agricultural Operations” definition 

The LSI fleet regulation does not define “Agricultural Operations”, only 

“Agricultural Crop Preparation Services.” The latter definition is a subset of the 

former and does not provide sufficient information. It also doesn’t discuss how 

equipment used in both agricultural operations and non-agricultural operations 

should be treated. Staff proposes to add an Agricultural Operations definition, 

along with modifications to the FAEL definition, to clarify that: (1) LSI equipment 

used in agricultural operations is not subject to the FAEL standards, (2) nursery 
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and forestry operations are considered agricultural operations, and (3) more than 

half of the annual operating hours of a mixed use piece of equipment must be in 

agricultural operations for the vehicle to be considered engaged in agricultural 

operations. 

2. Clarify the “Airport Ground Support Equipment” 

definition 

The LSI fleet regulation defines “Airport Ground Support Equipment” or “GSE” as 

any large spark-ignition engine or electric-powered equipment contained in the 

24 categories of equipment included in section B.3 of Appendix 2 of the South 

Coast Ground Support Equipment Memorandum of Understanding, dated 

November 27, 2002. Two of these categories are “carts” and “other,” which, for 

the purposes of electric-powered equipment, can be interpreted very broadly. 

The intent of the GSE definition is to allow operators to include electric 

equipment in their FAEL standards calculations only as long as the equipment 

performs the work equivalent of an LSI engine-powered piece of equipment. 

Staff proposes to add clarifying language to the definition to reflect this intent. 

3. Clarify the “Baseline Inventory” definition 

The LSI fleet regulation requires operators to conduct a baseline inventory. The 

Baseline Inventory definition states that this inventory should reflect all 

equipment owned at the time of the inventory. The intent of the regulation was 

that the baseline inventory should reflect all operated equipment subject to the 

FAEL standards. Staff proposes to modify the Baseline Inventory definition to 

reflect this intent. 

4. Add a “Boneyard” definition

Boneyards, which are repositories for surplus or end of service LSI equipment, 

contain entire fleets of retired equipment awaiting scrap or reuse by other 

entities. The LSI fleet regulation does not have a mechanism for dealing with 

decommissioned fleets. The ARB intends for these fleets to be excluded from 

FAEL standards calculations. Staff proposes to add a “boneyard” definition and 

modify the FAEL definition to exclude boneyard fleets. 

5. Modify the “Fleet Average Emission Level” definition 

There are two issues that the ARB wishes to address in this definition. First, the 

definition states that electric-powered equipment of less than 19kW shall be 

allowed to be included in the FAEL calculation if the operator can demonstrate it 

performs the work equivalent of LSI equipment. By definition, LSI engines have 

a power of 19kW or greater, so the intent of this language was that electric 

vehicles with a power rating of less than 19kW would have to demonstrate that 

they performed the work equivalent of the same category of LSI equipment prior 

to being allowed into FAEL standard calculations. However, electric forklifts and 
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GSE that do the work of a typical forklift or piece of GSE typically are rated at 

less than 19kW. 

Second, the definition does not describe how experimental equipment, boneyard 

equipment, retired equipment, and in-field or agricultural operations equipment 

should be treated in FAEL standard calculations. ARB committed, during the LSI 

fleet regulation rulemaking, to exempt in field agricultural forklifts. It is also 

ARB’s intent that boneyard, experimental, and retired equipment be excluded 

from FAEL standard calculations. 

Staff proposes to modify the definition to exclude agricultural operations, 

boneyard, experimental, and retired equipment from the FAEL standards 

calculations. Staff further proposes to allow electric equipment of less than 19 

kW to be included in FAEL standards calculations as long as the equipment 

performs, with similar efficiency, the same function as an LSI engine-powered 

piece of equipment subject to the standards. Finally, staff proposes to clarify that 

the default emission rate for uncontrolled LSI equipment is 12.0 g/bhp-hr 

HC+NOx. 

6. Add an “In-field Equipment” definition 

As mentioned above, the ARB committed to exempt agricultural forklifts used 

primarily in field, but this commitment was never codified. The ARB is now 

proposing to modify the fleet average emission level definition to exclude in-field 

LSI equipment, but must define “in-field.” Staff proposes to add a definition for 

“in-field equipment.” 

7. Clarify the “Operator” definition 

This definition states that “operator” includes a person whose usual and 

customary business is the rental or leasing of LSI engine equipment for any 

equipment not solely possessed or used for rental or leasing. The intent of the 

regulation was to allow dealers some de minimis level of use of their rental and 

used equipment fleet vehicles without triggering the FAEL standard 

requirements. As it currently stands, a dealer could become an operator if they 

use any four vehicles, regardless of duration of usage, for their own purposes. 

Staff proposes to modify the “operator” definition to stipulate a de minimis usage 

level that reflects this intent. 

8. Add a “Retired Equipment” definition 

Operators may retire LSI equipment as part of their compliance strategy. This 

retired equipment often remains on site awaiting sale or scrap. Through Mail Out 

#MSC 10-08, the ARB has established procedures for designating equipment as 

retired, but needs to include a retired equipment definition in the text of the 

regulation. Staff proposes to add a “retired equipment” definition. 
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9. Modify the record-keeping requirements 

The LSI fleet regulation requires operators to record identifying and emissions 

information for each piece of LSI equipment in their fleet. It also requires them to 

obtain product delivery tickets or a like surrogate, if obtainable, stipulating that 

the fuel they are using meets motor vehicle grade propane specifications. The 

ARB added this second requirement in an attempt to force operators to put 

pressure on their fuel suppliers to provide uncontaminated and low-olefin 

(propene) content motor vehicle grade fuel. However, operators have been 

unable to obtain this documentation from their fuel suppliers. Staff proposes to 

remove the fuel quality record-keeping requirement. Staff also proposes to clarify 

the ARB’s intent that the record-keeping requirement apply to each piece of LSI 

equipment. 

C. References 

ARB, 2009a. California Air Resources Board. In-Use Off-Road Diesel Vehicle 

Regulation Frequently Asked Questions: Low-Use Provisions. California Air 

Resources Board, April, 2009. 

http://www.arb.ca.gov/msprog/ordiesel/faq/faqlowuse.pdf