### ATTACHMENT B

MODIFICATIONS TO THE PROPOSED AMENDMENTS TO THE
REGULATION TO REDUCE EMISSIONS OF DIESEL PARTICULAT E MATTER, OXIDES OF NITROGEN AND OTHER CRITERIA POLLUTANTS, FROM IN-USE HEAVY-DUTY DIESEL-FUELED
VEHICLES.

Shown on the following pages are proposed modificat ions to the amendments to the regulation as set forth in Appendix A to the Staff Report: Initial Statement of Reasons, which was released October 28, 2010. Text proposed for adoption during the 45 -day comment period is shown in underline to indicate additions and strikeout to indicate deletions. The proposed modifications to the amendm ents are shown in double
underline to indicate additions and double strikeout to indicate deletions.B-1 PROPOSED REGULATION ORDER

REGULATION TO REDUCE EMISSIONS OF DIESEL PARTICULAT E MATTER,
OXIDES OF NITROGEN AND OTHER CRITERIA POLLUTANTS FR OM

IN-USE ON-ROAD DIESEL-FUELED VEHICLES

Note: Proposed amendments are shown in underline to indicate additions and
strikeout to indicate deletions, compared to the preexisting regulatory language.

Amend section 2025, title 13, California Code of Re gulations to read as follows.

Section 2025. Regulation to Reduce Emissions of Die sel Particulate Matter,

Oxides of Nitrogen and Other Criteria Pollutants, f rom In-Use Heavy-Duty Diesel-Fueled Vehicles

(a) Purpose.

The purpose of this regulation is to reduce emissio ns of diesel particulate matter (PM), oxides of nitrogen (NOx) and other criteria polluta nts, and greenhouse gases from inuse diesel-fueled vehicles.

(b) Scope and Applicability.

(1)

Except as provided in subsection (c), this regulati on applies to any person, business, federal government agency, school district or schoo l transportation provider that owns or operates, leases, or rents, affected vehicles th at operate in California. The regulation also applies to persons that sell affected vehicles in California. Affected vehicles are those that operate on diesel-fuel, dual-fuel, or al ternative diesel-fuel that are registered to be driven on public highways, were originally de signed to be driven on public highways whether or not they are registered, yard t rucks with on-road or off-road engines, both engines of two engine sweepers, schoo lbuses, and have a manufacturer’s gross vehicle weight rating (GVWR) g reater than 14,000 pounds.
Affected vehicles also include shuttle vehicles defined in section 2025 (d)(6 8 )

.

(c) Exemptions

This regulation does not apply to:

(1) Vehicles subject to the solid waste collection vehicle rule commencing with title 13, CCR, section 2021;

(2) On-road diesel-fueled heavy-duty vehicles over greater than 14,000 pounds lbs owned or operated by a municipality, as defined in title 13, section 2020(b), that comply with the Best Available Control Technology ( BACT) requirements of title 13, CCR section 2022.1(a)(1);B-2

(3) Vehicles subject to the fleet rule for public transit agencies commencing with title 13, CCR, section 2023;

(4) Vehicles subject to the rule for mobile cargo h andling equipment at ports and intermodal rail yards commencing with title 13, CCR , section 2479;

(5) Military tactical support vehicles, as describe d in title 13, CCR, section 1905;

(6) Authorized emergency vehicles as described in C alifornia Vehicle Code (Veh. Code), section 165;

(7) Off-road vehicles equipped with engines subject to title 13, CCR, sections 2401, 2411, 2421, 2432, and 2449;

(8) Dedicated snow-removal vehicles as defined in s ection 2025(d)(1 8 ) (15) ;
(9) Two

- engine cranes as defined in title 13, CCR, section 2449(c)(56) ;
(10) (9) Historic vehicles as defined in section 2025(d)( 41 ) (36) ;
(11) (10) Motor homes for non-commercial private use;

(12) (11) Except as specified in section 2025(l) v V ehicles subject to the regulation for drayage trucks commencing with title 13, CCR, s ection 2027 until January 1, 2021 17; an d

(1 3 ) (12) Trucks with a GVWR of 19,500 pounds lbs or less with a riginally equipped pick-up beds used exclusively for personal use , non-commercial, or nongovernmental use. ;
(1 4 ) Two

- engine water well drilling rigs as defined in title 13, CCR, section 2449 (c)(57);
and

(1 5) (13) Except school buses with a GVWR greater than 14,0 00 lbs manufactured before April 1, 1977, school buses as defined in th e California Veh. Code, section 545, with a GVWR less than 26,001 lbs.

(14) Except for two-engine sweepers, a specially co nstructed on-road or off-road mobile diesel-powered vehicle that is equipped with two diesel engines; one engine provides the primary source of motive power of the vehicle while the second engine is an auxiliary engine 50 horsepower or greater that is permanently attached and integrated into the design of the vehi cle to perform a specific function, which may include providing auxiliary pow er to attachments, performing special job functions, or providing additional moti ve power.

(d) Definitions

For purposes of this regulation, the following defi nitions apply:

(1) “ 2004 Model Year NOx Emissions Equivalent ” means emissions from:

(A) A n engine certified to the 2003 or prior model year heavy duty diesel engine
emission standard that was built to 2004 engine emission standards and was not used in any manufacturer’s averaging, banking a nd trading program.B-3

(B) A pre

- 2004 model year heavy duty diesel engine that is equipped with a verified diesel emissions control strategy (VDECS) that reduces NOx exhaust emissions by at least 55 percent.

(1) “2006 Baseline Fleet ” means on

- road diesel-fueled heavy-duty vehicles with a
GVWR greater than 26,000 pounds lbs GVWR included in the scope of section 2025(b) that were owned by a fleet and regi stered to operate in California on October 1, 2006 with the California Department o f Motor Vehicles, or were owned by a fleet, registered to operate on October 1, 2006 in a jurisdiction that is an International Registration Plan member, and were driven at least 1,000 miles in California in the calendar year 2006. All vehicles in the scope and applicability section 2025(b) must be included and all vehicles e xempt from the regulation in the exemptions section 2025(c) must be excluded.

(3) 2008 Baseline Fleet ” means the motor vehic les that were owned by the fleet, registered with California’s department of motor vehicles or r egistered in the home jurisdiction of one of the International Registrati on Plan member jurisdictions on July 1, 2008, and were driven at least 1,000 miles in the year 2008 in California.

(2) “ 2007 Model Year NOx Emissions Equivalent

” means emissions from:

(A) An engine as specified below that is equipped with the highest level VDECS
to reduce that reduces PM emissions and also reduces NOx exhaust emissions by at least 40 percent.

1. An engine certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard; or

2. An engine that was built to the 2004 engine emissi on standard and was not used in any manufacturer’s averaging, banking, or trading program

. (B) An engine certified to the 2003 or prior model year heavy-duty diesel engine emissions standard that is equipped with the highes t level VDECS to reduce
PM emissions and also reduces NOx exhaust emissions by at least 70 percent; or

(A) A n engine certified to the 2003 or prior model year heavy

- duty diesel engine emissions standard that is equipped with a VDECS th at reduces NOx exhaust emissions by at least 70 percent; or

(B) A n engine certified to the 2004 through 2006 model y ear heavy

- dut y diesel engine emissions standard or was built to the 2004 engine emission standard and was not used in any manufacturer’s averaging, b anking, or trading

program that is equipped with a the highest level VDECS that reduces PM
emissions and reduces NOx exh aust emissions by at least 40 percent ; or
(C) A 2004 model year NOx emissions equivalent heavy

- duty diesel engine

, as defined in section 2025 (d)(1)(A)

, that is equipped with a VDECS that reduces NOx exhaust emissions by at least 40 percent

. (D) (C) An engine certified to the 2007-2009 model year he avy-duty engine
emissions standard.

(4) (3) “ 2010 Model Year NOx Emissions Equivalent ” means emissions from:B-4

(A) An engine as specified below that is equipped with the highest level VDECS
to reduce th at reduces PM emissions and also reduces NOx exhaust emissions by at least 85 percent.

1. An engine certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard; or

2. An engine that was built to the 2004 engine emissi on standard and was not used in any manufacturer’s averaging, banking, or trading program.

(A) An engine certified to the 2004 model year heavy

- duty diesel engine emissions standard that is equipped with a VDECS th at reduces NOx exhaust emissions by more than 85 percent; or

(B) An engine certified to the 2007 model year heav y-duty diesel engine
emissions standard that meets PM BACT and that is equipped with a VDECS that reduces NOx exhaust emissions by more than 70 percent; or
(C) An engine certified to the 2010 model year or n ewer heavy-duty diesel engine emissions standard that meets PM BACT ; or
(D) A heavy-duty engine certified to 0.2 g/bhp-hr o r less NOx emissions level and 0.01 g/bhp-hr or less PM emissions level ; or
(E) An off-road engine certified to the Tier 4 Fina l engine emissions standard.

(5) (4) “ Agricultural Operations ” means:
(A) The activity of growing or harvesting crops for the primary purpose of making a profit or providing a livelihood including any ho rticultural, viticultural, aquacultural, forestry, dairy, livestock, poultry, bee or farm product. Raising plants at nurseries that sell exclusively retail ar e not included, or

(B) The cutting or removing of timber, other solid wood products, including Christmas trees, and biomass from forestlands for c ommercial purposes.
The services also include all the work incidental t hereto, including but not limited to, construction and maintenance of roads, fuel breaks, firebreaks, stream crossings, landings, skid trails, beds for f alling trees, fire hazard abatement, and site preparation that involves distu rbance of soil or burning of vegetation following forest removal activities. Fo rest operations include the cutting or removal of trees, tops, limbs and or bru sh which is processed into lumber and other wood products, and or for landscap ing materials, or biomass for electrical power generation. Forest ope rations do not include
conversion of forestlands to other land uses such a s residential or commercial developments.

(6) (5) “ Agricultural Vehicle ” means one of the following types of vehicles ; a vehicle that can be eligible to utilize the requirements for agr icultural vehicles in section 2025(m) and meet one of the definitions of (A) thro ugh (E) below. An agricultural
vehicle does not include vehicles that do not direc tly support farming operations such as personal use vehicles, vehicles rented or l eased out, or vehicles used in a transportation business.B-5

(B) (A) A vehicle, or truck-tractor and trailer combinatio n, owned by farming business and used exclusively in any combination of the following ways:

1. in agricultural operations;

2. to transport harvested farm products to the firs t point of processing;

3. to directly support the farming or forestry oper ation including supply trucks, cattle trucks, and other vehicles

. ; or
Vehicles meeting this definition do not need to mee t the definitions in sections 2025(d)(5)(B), (C), (D), or (E).

(B) A vehicle, or truck-tractor and trailer combinatio n, owned by a bee keeping business and used exclusively transport their own b ees.
(A) (C) A truck, or a truck-tractor and trailer combinatio n, that is required to display a hazardous material placard during deliver y and exclusively delivers fertilizer or crop protection chemicals that requir e placard identification for use in agricultural operations from a distribution center to a farm and back, and is owned by a business holding a valid fertiliz er or pest control license.

1. Owners of such vehicles must hold; : a. a valid pest control dealer license issued by th e California Department of Pesticide Regulation as required unde r Food & Agricultural Code, Division 6, Chapter 7, Article 6 , Section 12101;

or, b. a valid fertilizing materials license issued by the California Department of Food and Agriculture as required unde r Food & Agricultural Code, Division 7, Chapter 5, Article 4 , Section 14591(a). and,

2. Such vehicles must exclusively carry products de fined under one of the following, and be required to display an appropriat e placard, as required by the United States Department of Transportation:
a. 49 CFR, CHAPTER 1, PART 173.127 (Division 5.1), ; or b. 49 CFR, CHAPTER 1, PART 173.132 (Division 6.1), ; or c. 49 CFR, CHAPTER 1, PART 173.115 Class 2, (Divisi on 2.1, 2.2, and 2.3), ; or d. 49 CFR, CHAPTER 1, PART 173.136 Class 8, ; or e. 49 CFR, CHAPTER 1, PART 173.140 Class 9.

(B) A vehicle

, or truck

- tractor and trailer combination, owned by a farming
business and used exclusively in agricultural operations , or owned by a beekeeping business used exclusively to transport t heir own bees . This
includes supply trucks, cattle trucks, and other vehicles , but excludes vehicles that do not directly support farming opera tions such as personal use vehicles, vehicles rented or leased out, or vehicle s used in a transportation
business

.B-6

(C) (D) A truck, or truck-tractor and trailer combination, designed for in-field operations, that is exclusively engaged in agricultural operat ions on the farm. Examples include truck configurations designed to s pread manure, dispense hay, and dispense freestall bedding. It also inclu des water trucks and trucks designed or modified to be used exclusively for the dusting, spraying, fertilizing, or seeding of crops. Except as allowe d in (A) above, trucks, or truck-tractor and trailer combinations that transpo rt any products, materials, personnel, or equipment are excluded.

(D) (E) A truck, or truck-tractor and trailer combination, including yard trucks, that exclusively transports any unprocessed horticultural, viticultural, aquacultural, forestry, dairy, livestock, poultry, bee or farm pr oducts such as raw, unprocessed crops, livestock, fish, or fowl from between the farm and to the
where the first point of processing occurs after harvest. Also included are trucks that are used to harvest crops for silage, and trucks that transport unprocessed agricultural materials from forest or f arm to a biomass facility.

(7) (6) “Alternative Diesel Fuel” means any fuel used in diesel engines that is not a
reformulated diesel fuel as defined in sections 228 1 and 2282 of title 13, CCR, and does not require engine or fuel system modification s for the engine to operate, other than minor modifications (e.g., recalibration of the engine fuel control) that may enhance performance. Examples of alternative d iesel fuels include, but are not limited to, biodiesel, Fischer-Tropsch fuels, a nd emulsions of water in diesel fuel. Natural gas is not an alternative diesel fue l. An emission control strategy using a fuel additive will be treated as an alterna tive diesel fuel based strategy
unless:

(A) the additive is supplied to the engine fuel by an on-board dosing mechanism, ; or
(B) the additive is directly mixed into the base fu el inside the fuel tank of the engine, ; or
(C) the additive and base fuel are not mixed until engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine or vehicle.

(8) (7) “ Alternative Fuel ” means natural gas, propane, ethanol, methanol, ga soline (when used in hybrid electric vehicles only), hydrogen, electricity, fuel cells, or advanced technologies that do not rely on diesel fu el. “Alternative fuel” also means any of these fuels used in combination with e ach other or in combination
with other non-diesel fuels.

(9) (8) “ Alternative-Fueled Engine ” means an engine that is exclusively fueled with a fuel meeting the definition of alternative fuel.

(10) (9) “Authorized Emergency Vehicle” has the same meaning as California
Vehicle Code section 165.

(1 1 ) “ Best Available Control Technolog y BACT Standard

” (BACT) means the exh aust PM and NOx standards that must be met according to the requirements of
section 2025 (f) and 2025(g)

.B-7

(1 2 ) (10) “California Based Broker” means a person, with operations based in California, who, for compensation, arranges or offe rs to arrange the transportation of property by an authorized motor carrier. A motor carrier, or person who is an employee or bona fide agent of a carrier, is not a broker when it arranges or offers to arrange the transportation of shipments which it is authorized to transport and which it has accepted and legally bound itself to t ransport.

(1 3 ) “Cattle or Calf Feedlot” means a lot or facility where cattle or calves hav e been, are, or will be stabled or confined and fed or main tained for a total of 45 days or more in any 12

- month period, and where crops, vegetation, forage growth, or post

harvest residues are not sustained in the normal gr owing season over any portion of the lot or facility.

(1 4 ) (11) “ Commercial Vehicle ” means a motor vehicle or combination of motor vehicles as defined in California Veh. Code, sectio n 260.

(1 5 ) (12) “ Common Ownership or Control ” means being owned or managed day to day by the same person, corporation, partnership, o r association. Vehicles managed by the same directors, officers, or manager s, or by corporations controlled by the same majority stockholders are co nsidered to be under common ownership or control even if their title is held by different business entities. Common ownership or control of a federal government vehicle shall be the primary responsibility of the unit that is directly respons ible for its day to day operational
control.

(1 6 ) (13) “ Compliance Year ” means January 1 through December 31 of a calendar

year.
(1 7 ) (14) “ Compression Ignition Engine ” means an internal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The regulation of power by controlling fuel supply in lieu of a throttle is indicative of a compression ignition engine.

(1 8 ) (15) “ Dedicated Snow Removal Vehicle ” means a vehicle that has permanently affixed snow removal equipment such as a snow blowe r or auger, and is operated exclusively to remove snow from public roads, priva te roads, or other paths to
allow on-road vehicle access.

(1 9 ) (16) “ Diesel Fuel ” has the same meaning as defined in title 13, CCR,
sections 2281 and 2282.

( 20 ) (17) “ Diesel Particulate Filter ” means an emission control technology that reduces diesel particulate matter emissions by dire cting the exhaust through a filter that physically captures particles but permi ts gases to flow through. Periodically, the collected particles are either ph ysically removed or oxidized (burned off) in a process called regeneration.

( 2 1 ) (18) “ Diesel Particulate Matter (PM) ” means the particles found in the exhaust of diesel-fueled compression ignition engines. Die sel PM may agglomerate and adsorb other species to form structures of complex physical and chemical properties.B-8

(2 2 ) “ Diesel PM Index

” for the purposes of section 2025 (h)(3)(B) means an indicator of
the ov erall PM emission rate

. (2 3 ) “ Diesel PM Target Rate ” means the diesel PM fleet average that a specific fleet must meet in a compliance year in order to show com pliance with t he fleet average requirements.

(24) (19) “ Drayage Truck ” is the same as defined in title 13, CCR. S s ection 2027.

(25) (20) “ Dual-Fuel Engine ” means any compression ignition engine that is engineered and designed to operate on a combination of alternative fuels, such as compressed natural gas (CNG) or liquefied petroleum gas (LPG) and diesel fuel or an alternative diesel fuel. These engines have two separate fuel systems, which inject both fuels simultaneously into the engine co mbustion chamber. A dual-fuel engine is not an alternative-fuel engine.

(26 ) (21) “ Electronic Tracking System ”

(A) The tracking device must acquire date, time, an d engine-on data at a minimum of 15 minute intervals, with no more than 3 0 minute data gaps. The tracking device must also acquire location data for vehicles claiming to operate exclusively in NOx-exempt areas and for veh icles that must
document low use in California when their total mil es of operation exceed 1,000 miles and total hours of operation exceed 100 hours.

(B) The tracking records must be collected by an in dependent entity with no business relationship to the owners of the vehicles being tracked, other than to provide the tracking service.

(27) (22) “ Emergency Operation ” means operation of an authorized emergency vehicle or emergency support vehicle to help allevi ate an immediate threat to public health or safety. Examples of emergency ope ration include vehicle used at an emergency event to repair or prevent damage to r oads, buildings, terrain, and infrastructure as a result of an earthquake, flood, storm, fire, terrorism, or other infrequent acts of nature. Emergency operation inc ludes authorized emergency vehicle and emergency support vehicle travel to and from an emergency event when dispatched by a local, state, or federal agenc y. Routine operation to prevent public health risks does not constitute emergency o peration.

(28) (23) “ Emergency Support Vehicle ” means a vehicle, other than an authorized emergency vehicle that has been dispatched by a loc al, state, or federal agency that is used to transport services or supplies in c onnection with an emergency operation.

(29) “ Emission Factor

” means diesel PM or oxides of nitrogen (NOx) emiss ion rate in

grams per mile (g/mile) as shown in Appendix A. For engines that have been
retrofit ted with VDECS, the PM Emission Factor is reduced by 50 percent for a
level 2 VDECS, and 85 percent for a level 3 VDECS; the NOx Emission Factor is reduced by the percentage NOx emission reductions t hat are verified, if any. The
PM Emission Factor is not reduced for a level 1 VDECS

.B-9

(30) (24) “ Executive Officer ” means the Executive Officer of the ARB or his or her authorized representative.

(31) (25) “ Farm

” means a physical location for which the primary p urpose is making a profit or providing a livelihood from; :
(A) horticultural, viticultural, aquacultural, fore stry or crops or plants that are grown and harvested at the location, (Nurseries tha t sell exclusively retail are not farms), ; or
(B) raising, breeding, grazing, feeding, or milking animals, fish, fowl, or bees.

(32) (26) “ Farming Business ” means a business involved in the cultivating, operating, or managing a farm for profit, either as owner or tenant or a business contracted to harvest trees in a forest for profit . A farming business does not include businesses that derive their principal sour ce of income from providing agricultural services such as, landscape services, veterinary, farm labor, or management for a fee or on a contract basis, or are engaged in the business of artificial insemination, raising, and caring for do gs, cats, or other pet animals.

(33) (27) “ First Point of Processing ” means the location where harvested crops, bees, fowl, fish, livestock, animals, or their prod ucts, such as wool, milk, or eggs, are first altered from their original state, or the first location where unaltered products are packaged and prepared for transportati on. First point of processing is not a location of the product’s final use and fo r some crops the location may be in the field, such as chipping wood. First point o f processing also includes biomass facilities that receive agricultural waste in the form of unprocessed agricultural materials. A first point of processin g may include, but is not limited to, packinghouses, slaughterhouses, cotton gins, nut hu llers/shellers and processors, dehydrators, lumber mills, feed and grain mills, an d biomass facilities. First point of processing does not include distribution centers , wholesale retail sales locations where the first processing of product does not occu r, livestock auction houses, and subsequent locations where processing, canning, or similar activities occur after departing a first point of processing location.

(34) (28) “ Fleet”

means one or more vehicles, owned by a person, bus iness, or government agency, traveling in California and subj ect to this regulation. A fleet may fall into one of the following subclassificatio ns :
(A) “Agricultural Fleet” means a fleet utiliz ing the agricultural fleet provision in
section 2025 (m) . A fleet owner utilizing the agricultural fleet p rovisions must
include all vehicles under common ownersh ip or control in the agricultural fleet including those vehicles that are not agricul tural vehicles. Fleets not utilizing the agricultural fleet provision must com ply with section 2025 (e)

. (B) (A) “ Federal Fleets ” means vehicles - a in fleets owned by a department, agency, or instrumentality of the federal governmen t of the United States of America and its departments, divisions, public corp orations, or public agencies including the United States Postal Service . With respect to the Department of Defense and its service branches, fed eral fleets may be managed regionally, locally, or a combination of re gional and localB-10 management. There may be multiple federal fleets w ithin a military service
or an installation. ; or
(C) (B) “ Rental or Leased Fleets ” means v ehicles that are - a fleet owned by a person (rental or leasing entity) for the purpose o f renting or leasing, as defined in California Uniform Commercial Code, sect ion 10103(a)(10) such vehicles to other persons (renters or lessees) for use or operation.

(D) “ Schoolbus Fleet

” means a fleet comprised only of vehicles that meet the definition of schoolbus given in section 2025 (d) (6 7 )

. (E) “ Schoolbus Sub

- Flee t ” means the schoolbuses in a fleet comprised of
schoolbuses and vehicles other than schoolbuses

. (F) “ Small Fleet

” means a fleet with a fleet size of three or fewer vehicles

. When determining fleet size, all of the vehicles under common ownership and
control must be counted

. (35) (29) “Fleet Owner” means, except as modified below in paragraphs (A) and (B), either the person registered as the owner or l essee of a vehicle by the California Department of Motor Vehicles (DMV), or i ts equivalent in another state, province, or country; as evidenced on the vehicle r egistration document carried in
the vehicle.

(A) For vehicles that are owned by the federal gove rnment and not registered in any state or local jurisdiction, the owner shall be the department, agency, branch, or other entity of the United States, inclu ding the United States Postal Service, to which the vehicles in the fleet are assigned or which have responsibility for maintenance of the vehicles.

(B) For vehicles that are rented or leased:
1. The owner shall be presumed to be the rental or leasing entity for purposes of compliance with section 2025(e), if:
a. The rental or lease agreement for the vehicle is for a period of less than one year; or
b. The rental or lease agreement for the vehicle is for a period of one year or longer, unless the terms of the rental or l ease agreement or other equally reliable evidence identifies the p arty responsible for compliance with state laws for the vehicle to b e the renting operator or lessee of the vehicle.
2. For purpose of enforcement, if at the time that the vehicle is inspected and cited for noncompliance with this regulation and ne ither the operator of the vehicle nor the rental or leasing entity can produc e does not possess evidence of the party responsible for compliance wi th state laws, the owner shall be presumed to be both the rental or le asing entity and the renting operator or lessees of the vehicle.

(36) (30) “Fleet Size” means the total number of diesel vehicles with a GVWR greater than 14,000 lbs in a fleet, regardless of whether the vehicles oper ate in California, that are under common ownership or cont rol even if they are part ofB-11

different subsidiaries, divisions, or other organiz ational structures of a company or

agency.
(31) “ Fuel Efficient Hybrid Vehicle ” means a vehicle with an onboard energy storage system that improves the average fuel economy of th e vehicle by at least 20 percent compared to a conventional diesel vehicl e of the same model year and configuration. The vehicle must have an a combination of an engine and onboard energy storage system that provides motive power fo r accelerating the vehicle, recapture of energy when the vehicle decelerates, o r operates auxiliary equipment that serves as the primary function for the vehicle while stationary. The energy storage systems can be electric, hydraulic, pneumat ic or of any other type that recovers its energy directly or indirectly from the engine. In addition, the onboard energy storage systems of the hybrid vehicle can ha ve the capability to supplement its energy from an external power source

. (37) (32) “ Governmental Agency ” means any federal, state, or local governmental agency, including, public schools, water districts, or any other public entity with taxing authority.

(33) “ GVWR

” means gross vehicle weight rating which is the we ight specified by the manufacturer as the maximum loaded weight of a sing le vehicle.

(38) (34) “ 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 one part diesel fuel to ten parts total fuel on an energy equivalent basis. An engine that can operat e or idle solely on diesel fuel at any time does not meet this definition.

(39) (38 ) “ Heavy Heavy

- D uty D iesel V

ehicle (HHD ) ” for the purposes of this regulation, means a diesel motor vehicle hav ing a manufacturer's gross vehicle weight rating greater than 33,000 pounds or a truck

- tractor regardless of GVWR

. , or a motorcoach

. (40) (35) “ Highest Level VDECS” means the highest level VDECS verified by ARB under its Verification Procedure, Warranty and In-U se Compliance Requirements for In-Use Strategies to Control Emissions from Die sel Engines (Verification Procedure), title 13, CCR, sections 2700-2710, for a specific engine as of 10 months prior to the compliance date, which the d iesel emission control strategy
manufacturer and authorized diesel emission-control strategy dealer agree can be used on a specific engine and vehicle combination w ithout jeopardizing the original engine warranty in effect at the time of applicatio n.
(A) The highest level VDECS is determined solely on verified diesel PM reductions. Plus designations do not affect the di esel PM level assigned to a VDECS; that is, a l L evel 3 Plus is the same diesel PM level as l L evel 3.

(B) A Level 2 VDECS shall not be considered the hig hest level VDECS as long
as a l L evel 3 VDECS can be retrofitted on a vehicle in the fleet.

(C) Level 1 devices are never considered highest le vel VDECS for the purpose of this regulation.B-12

(41) (36) “ Historic Vehicle ” means a vehicle that has met the qualifications qualifies
for and has a historical vehicle license plate pursuant to the California Veh. Code, section 5004, and is operated or moved over the hig hway primarily for the purpose
of historical exhibition or other historic vehicle club activities.

(37) “Hubodometer”

means a non-resettable device mounted on the axle of a vehicle
that measures distance traveled that has a serial n umber and a lock-out feature that permanently prevents tampering.

(4 2 ) “ Hybrid Vehicle ” means a vehicle that has a combination of an e ngine and onboard energy storage systems that provide for one or more of the following processes: motive power for starting the vehicle fr om a stop, motive power for accelerating the vehicle, recapture of energy when the vehicle decelerates. The energy st orage systems can be electric, hydraulic, pneumatic or of any other type
that recover s its energy directly or indirectly from the engine. In addition, th e onboard energy storage systems of the hybrid vehicl e can have the capability to supplement its energ y from an external power source.

(4 3 ) (38) “ International Registration Plan (IRP) ” is a registration reciprocity agreement among states of the United States and pro vinces of Canada providing for payment of license fees on the basis of total d istance operated in all jurisdictions.

(4 4 ) “ Limited

- Mileage Agricultural Vehicle ” means until January 1, 2017, an agricultural vehicle with a properly functioning odometer instal led at all times, that operates
less than the miles specified below per calendar year, based on the model year of the installed engine or any vehicle that replaces a limited

- mileage vehicle pursuant
section 2025 (m) ( 6)(B) :
(A) A pre

- 1996 model year engine that is operated fewer than 15,000 miles; or

(B) A 1996 through 2005 model year engine that is operated fewer than 20,000
miles ; or
(C) A 2006 or newer model year engine that is operated fewer than 25,000 miles.

(39) “ Log Truck

” means a heavy-duty vehicle with a manufacturer’s GVWR greater than 33,000 pounds lbs that exclusively transports logs and has log bunks permanently attached.

(4 5 ) “ Low

- Mileage Agricultural Vehicle ” means until January 1, 2023, an agricultural
vehicle with a properly functioning odometer installed at a ll times, that operate s less than 10,000 miles per calendar year each year since January 1, 2010 or a vehicle that replaces a low

- mileage vehicle per section 2025 (m) (7)(B)

. (46) “ Low

- use Schoolbus ” means a schoolbus whose propulsion engine was operated in California for fewer than 1,00 0 miles during the preceding 12 month perio d from January 1 to the end of December. Such vehicles must have a properly functioning odometer installed at all times but are not required to have an hour

meter

. (40) “ Low-Mileage Construction Truck ” means a truck that travels less than 15,000 miles per year and is a cement mixer truck, a concr ete pump truck, water tankB-13

truck, a single engine mobile crane with a capacity greater than 30 tons, or a dump truck designed to transport construction mater ials such as dirt, asphalt, rock or construction debris including a transfer truck, or a tractor trailer combination used exclusively to pull bottom dump, end dump or s ide dump trailers

( 40 ) (41) “ Low-use Vehicle ” means a vehicle that will be operated fewer than 1,000 miles in any compliance year and has an odo meter or hubodometer that is properly functioning at all times . A vehicle that uses engine power to operate other equipment that can only be used while station ary except to load and unload
the vehicle with power take off (PTO) that only operate s equipment while stationary must also operate the engine its PTO less than 100 hours while operating the equipment in any compliance year except for PTO used to load and unload cargo from the vehicle. Vehicles subject to the hour limit ation s must have

a functionin g non

- resettable hour

- meter installed at all times.

(47) “ Low

- use Vehicle ” means a vehicle whose propulsion engine was opera ted in California for fewer than 1,000 miles and less than 100 hours during the preceding 12 month period from January 1 to the end of December. Such vehicles must have a properly functioning odometer and hour

- meter installed at all times.

(48) “ Medium H eavy

- D uty D iesel V

ehicle (MHD )” for the purposes of this regulation,

means a diesel motor vehicle having a manufacturer's gross vehic le weight rating less than or equal to 33,000 pounds excluding truck

- tractors regardless of GVWR

. (49) “ Motorcoach ” (MC) is a n on

- road motor vehicle having an under floor luggage compartment separate from the passenger cabin used for conveying passengers, is at least 35 feet in length

, and is designed for and has seating capacity for 4 0 or

more passengers.
(50) ( 4 1 ) (42) “ Motor Carrier ” is the same as defined in California Veh. Code se ction 408 for fleets other than those that are comprised enti rely of school buses school
buses , which for the purposes of this regulation, means the registered owner, lessee, licensee, school district superintendent, o r bailee of any school bus school
bus , who operates or directs the operation of any such bus on either a for-hire or
not-for-hire basis.

(51) (42) (43) “ Motor Home ” means a single vehicular unit designed for human habitation for recreational or emergency occupancy and built on, or permanently attached to, a self-propelled motor vehicle chassis , chassis cab, or van, which becomes an integral part of the completed vehicle or a vehicle that exclusively tows a trailer that was originally designed for hum an habitation for recreational or

emergency occupancy.
(52) (4 3 ) (44) “ New Fleet ” means a fleet that is acquired or that enters Cal ifornia after January 1, 2011 January 1, 2012 . Such fleets may include new businesses or outof-state businesses that bring vehicles into Califo rnia for the first time after January 1, 2011 January 1, 2012

. (53) (44) (45) “ Non-Commercial Use ” means any use or activity where a fee is not charged and the purpose is not the sale of a good o r service, and the use or activity is not intended to produce a profit.B-14

(54) “NOx BACT”

means an on

- road engine newly manufactured in 2010 or later or a
2010 emissions

- equ ivalent engine as defined in section 2025 (d) (4)

. (55) (45) (46) “ NOx Exempt Areas ” are the following counties – Alpine, Colusa, Del Norte, Glenn, Humboldt, Lake, Lassen, Mendocino , Modoc, Monterey, Plumas, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, Shasta, Sierra, Siskiyou, Trinity, Tehama, and Yuba.

(56) “ NOx Exempt Vehicle ” is any vehicle identified in paragraphs 0 through (E) below

. These vehicles ar e exempt from meeting the NOx BACT requirements of
sections 2025(f) or

(g), or the NOx fleet average requirements of section 2025 (h)
for the compliance years specified in section 2025 (p)

. A NOx exempt vehicle is :
(A) A schoolbus as defined in section 2025 (d)(6 7 ) ; or
(B) A v ehicle that operate s exclusiv ely in the NOx exempt areas defined in
section 2025 (d)(5 5 ) ; or
(C) A v ehicle that is granted a compliance extension under the early acti on
p rovision of section 2025 (p)( 8 ) ; or
(D) A NOx m ileage exempt vehicle, as defined i n section 2025 (d)(5 6 ) ; or
( E) A mot orcoach as defined in section 2025 (d)(4 7 )

. (5 7 ) “ NOx Index ”

for the purposes of section 2025 (h)(2)(B) means an indicator of a fleet’s overall NOx emission rate

. (5 8 ) “ NOx Mileage Exempt Vehicle ” is exempt from meeting NOx BACT in
sections 2025(f) or

(g), o r the NOx fleet average in section 2025 (h) during the compliance years specified in section 2025 (p)(1)

, and section 2025(h) regardless of where the vehicle is operated and is limited to :
(A) A heavy heavy

- duty diesel vehicle that has a power take off syste m to perform work in a stationary mode

, or a diesel yard truck that is operated fewer than 7,5 00 miles and less than 250 hours per year ;
(B) A medium heavy

- duty diesel vehicle that has a power take off system to perform work in a stationary mode that is op erated fewer than 5,0 00 miles
and less than 175 hours per year ;
( C) A heavy heavy

- duty diesel vehicle that does not have a power take off system to perform work in a stationary mode and is operated f ewer than 7,500 miles per year , with no hours limitation ; or
(D) A medium heavy

- duty diesel vehicle that does not have a power take off system to perform work in a stationary mode and is operated f ewer than 5,000 miles per year , with no hours limitation.

( 5 9 ) “ NOx T arget R ate ”

means the NOx fleet average that a specific fleet must meet in a compliance year in order to show compliance with t he fleet average requirements.B-15

( 60 ) “ Oxides of N itrogen (NOx) ” means compounds of nitric oxide, nitrogen dioxide, and other oxides of nitrogen. Nitrogen oxides are t ypically created during combustion processes and are major contributors to smog formation and acid deposition , and to the formation of particulate matter

. (6 1 ) (46) (47) “ Person ” means an individual, corporation, business trust, estate, trust, partnership, Limited Liability Company, association , joint venture, government, governmental subdivision, agency, or instrumentalit y, public corporation, or any other legal or commercial entity.

(6 2 ) (47) (48) “PM BACT” means the technology employed on the highest level VDECS for PM or an engine originally equipped with a dies el particulate filter and certified to meet the 0.01 g/bhp-hr certification standard.

(6 3 ) (48) (49) “ Registered and Driven Safely On-Road ” means a vehicle that meets the requirements to be registered for on-road operation in California Veh. Code division 3, chap. 1, article 1, section 4000 et seq . (i.e., required to be registered or could be registered), and the requirements to be dr iven safely on-road in “Equipment of Vehicles” requirements in Veh. Code d ivision 12, chap. 1, sections 24000 et seq. and “Size, Weight, and Load” requirements in Veh. Code division 15, sections 35000 et seq, or a vehicle de fined as an implement of husbandry as defined in California Veh. Code divisi on 16, chap. 1, section 36000 et seq.

(6 4 ) (49) (50) “ Repower ” means to replace the engine in a vehicle with a n ewer engine
certified to lower emission standards for PM or NOx or both as applicable.

(6 5 ) (5 0 ) (51) “ Responsible Official ” means one of the following:

(A) For a corporation: A president, secretary, trea surer, or vice president of the corporation in charge of a principal business funct ion, their delegate, designee, or any other person who performs similar policy or decisionmaking functions for the corporation;

(B) For a partnership or sole proprietorship: a gen eral partner or the proprietor, respectively; or

(C) For a municipality, state, federal, or other go vernmental agency: either a principal executive officer or ranking elected offi cial. For the purposes of this part, a principal executive officer of a federal ag ency includes the chief executive officer having responsibility for the ove rall operations of a principal geographic unit of the agency (e.g., a Regional Adm inistrator of the U.S. EPA). For the purposes of the Department of D efense Military Services, a commanding officer of an installation, base or te nant organization.

(6 6 ) (51) (52) “ San Joaquin Valley Air Basin ” includes the entire counties of San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare , and Kings and western part of Kern County as described starting page 23888 of the Federal Register Vol. 69,
No. 84.

(6 7 ) (52) (53) “Schoolbus School Bus ” is a motor vehicle as defined in California Veh. Code, section 545.B-16

(6 8 ) “Shuttle vehicl

e ” means a diesel

- powered motor veh icle of any gross vehicle weight rating with a capacity of 10 or more passengers, rou tinely driving an average of 10 trips per day to or from airport terminals, marine terminals, and rail
based stations.

(6 9 ) (53) (54) “ Specialty Agricultural Vehicle ” means, until January 1, 2023, an agricultural vehicle having one of the following bo dy types and that have been approved for the exemption under section 2025(m)(8) (10) (13) by the Executive
Officer:

(A) A truck, or a truck-tractor and trailer combina tion, designed or modified to be used exclusively for the fueling, repairing, or loa ding of an airplane or helicopter used for the dusting, spraying, fertiliz ing, or seeding of crops;

(B) A truck, or a truck tractor and trailer combina tion, that is equipped with a selfloading bed and is designed and used exclusively to transport field manufactured cotton modules to a cotton gin;

(C) A truck equipped with a water tank owned by a f armer, not operated for compensation, and used exclusively in agricultural operations to provide dust suppression on dirt roads providing access to agric ultural fields and for the transportation of water for crop or tree irrigation or for livestock; or

(D) A feed truck or mixer-feed truck, specially designed for dispensing feed to
livestock. and is used exclusively at a cattle or calf feedlot. It d oes not include a feed truck or mixer

- feed truck used at dairies or other locations
other than cattle and calf feedlots.

( 70 ) ( 54 ) (55) “ Three Day Pass ” means a once-a-year temporary permit to operate a vehicle in California for three consecutive days wi thout meeting the requirements of section 2025(e) provided that prior to entering California the vehicle owner has reported the information required in sections 2025( r) (7 ) (19) and (r)(8 ) and the date the vehicle will be entering California. No v ehicle or fleet will be granted more than one three day pass per year.

(7 1 ) ( 55 ) (56) “ Tier 0 Engine ” means an engine not subject to the requirements in title 13, CCR, section 2423; Title 40, Code of Federal Re gulations (CFR), Part 89; or Title 40, CFR, Part 1039.

(7 2 ) ( 56 ) (57) “ Tier 4 Final Engine ” means an engine subject to the final after-treatmen tbased Tier 4 emission standards in title 13, CCR, s ection 2423(b)(1)(B) and/or Title 40, CFR, Part 1039.101. This also includes en gines certified under the averaging, banking, and trading program with respec t to the Tier 4 FEL listed in title 13, CCR, section 2423(b)(2)(B) and/or Title 4 0, CFR, Part 1039.101

(7 3 ) “ Truck

- Tractor ” means a motor vehicle as defined in section 655 of the California
Motor Veh. Code.

(57) (58) “ Two -Engine Sweeper” means an on-road heavy-duty vehicl e with a manufacturers GVWR greater than 14,000 pounds lbs , used for the express purpose of removing material from road surfaces, by mechanical means through the action of one or more brooms, or by suction thr ough a vacuum or regenerativeB-17

air system or any combination of the above. A two- engine street sweeper has an engine to propel the vehicle and an auxiliary engin e to power the broom or

vacuum.
(7 4 ) ( 5 8 ) “ Unique Vehicle ” means a vehicle for which:

(A) a used vehicle that performs a similar function with a 2007 NOx equivalent emissions engine or cleaner is not available

, and

(B) a used suitable cab and chassis upon which the truck bed c ould be mount ed
i s not available, and

(C) a verified NOx emissions control device that could r educe the vehicle’s
exhaust NOx emissions is either installed or not available

, and

(D) t he vehicle’s engine is equipped with the highest le vel VDECS.

(7 5 ) ( 5 9 ) (59) “ Private Utility Vehicle " means a vehicle owned by a privately-owned or publicly held company or corporation that provides the same or similar services for water, natural gas, and electricity as a public uti lity operated by a municipality.

(7 6 ) ( 60 ) (60)_

“ Verified Diesel Emission Control Strategy ” (VDECS) means an emissions control strategy, designed primarily for the reduct ion of diesel PM emissions, which has been verified pursuant to the Verificatio n Procedures. VDECS can be
verified to achieve l L evel 1 diesel PM reductions (25 percent), l L evel 2 diesel PM reductions (50 percent), or l L evel 3 diesel PM reductions (85 percent). VDECS may also be verified to achieve NOx reductions. Se e also definition of Highest
Level VDECS.

( 7 7 ) ( 6 1 ) (61) “ VDECS Failure ” means the condition of not achieving the emission s reductions to which the VDECS is verified. Such co ndition could be due to inappropriate installation, damage, or deterioratio n during use. If a l L evel 3 VDECS is emitting visible smoke, it is assumed to h ave failed.

(7 8 ) ( 6 2 ) (62) “ Yard Truck ” means a vehicle, with an on-road or off-road engi ne, and a hydraulically elevated fifth wheel, that is used in moving and spotting trailers and
containers at locations or facilities. Yard trucks are also known as yard goats,
hostlers , yard dogs, trailer spotters or jockeys.

(e) General Requirements

Beginning with the applicable effective dates, a fl eet owner must comply with the following requirements of this regulation:

(1) Starting January 1, 2015, fleets must meet the requirements of section 2025(f) for all vehicles with a GVWR 26,000 lbs or less and may utilize the exemptions and
extensions provided in of section 2025(p)

. (2) Starting January 1, 2012, fleets must meet the requirements of section 2025(g) or the phase-in options of section of 2025(i) for all vehicles with a GVWR greater than 26,000 lbs and must follow the reporting requirements of section 2025(r) if complying using the phase

- in option

. The fleet owner may use the exemptions
and extensions provided in section 20 25(p)

.B-18

(3) Fleets with one to three vehicles with a GVWR g reater than 14,000 lbs may utilize the small fleet compliance option for the phase

- in option for small fleet s with vehicles with a GVWR greater than 26,000 lbs provid ed in 2025(h).

(4) Beginning January 1, 2012, fleets with school b uses must comply with the requirement of section 2025(k) for all school buses in the fleet.

(5) Beginning January 1, 2021, all private utility vehicle owners must comply with the requirements of section 2025(l).

(6) Beginning January 1, 2017, fleets with drayage trucks must comply with the requirements of section 2025(l).

(7) Fleets with log trucks may utilize the log truc k provision of section 2025(m) ( 11 ) (14)

. (8) Fleets may utilize the credits of 2025(j) or th e extensions and exemptions of section 2025(p).

(1) Except for small fleets electing to comply with se ction 2025(i), the fleet owner must comply with the best available control technology ( BACT) requirements of
section 2025(f) or the BACT percentage limits of s ection 2025(g) or the fleet average requirements of section 2025(h). The compliance option need not be the same for each pollutant. The fleet owner may also opt to comply with the early compliance provision of section 2025(p)(8).

(2) Schoolbus fleets , as defined in section 2025 (d )(34) (D)

, must comply with the requirements of section 2025 (j)

. (3) Each fleet that includes schoolbuses and other vehicles must meet the following requirements:

(A) The schoolbus sub

- fleet as defined in section 2025 (d) (34) (E) mus t meet the requirements of section 2025 (j)

. (B) The remaining non

- schoolbus vehicles, excluding the schoolbus sub

- fleet

, must comply with the requirements of section 2025 (e)(1) above ; or the owner may include the schoolbus sub

- fleet in the determination o f compliance for
the entire fleet with the requirements of section 2025 (e)(1)

. Schoolbuses
used in this determination remai n exempt from meeting NOx BACT in
sections 2025(f) or

(g), or the NOx fleet average in section 2025 (h)

. However, the owner may not use non

- schoolbus vehicles to satisfy the
schoolbus sub

- fleet requirements of section 2025 (j)

. (4) Requirements for Drayage Trucks and Utility Vehicles

Starting in January 1, 2021, all drayage truck and utility vehicle owners must comply with the BACT requ irements of section 2025 (f)

. (5) (9) Although the total number of vehicles under common ownership or control is determinative of fleet size, if some of the vehicle s within the fleet are under the control of different responsible officials because they are part of different subsidiaries, divisions, or other organizational st ructures of a company or agency,B-19

the fleet owner of a “common ownership of control f leet” may elect to have the vehicles under the control of different responsible officials report compliance independently of other vehicles in the general flee t if choosing to comply with the fleet averaging requirements of phase-in option of section 2025(h) (i) or the BACT percentage limits requirements of section 2025(g) for the segment of the fleet under the control of the different responsible offi cials.

(6) A fleet may meet the requirements of section 2025 (e) (1) , 2025(e)(2), or 2025(i)(2) by applying a VDECS that will achieve PM or NOx red uctions or both as required, replacing an engine, or replacing a vehicle

. (7) Except as provided below in (B)

, one of t he following is required for a ll fleet owner s who elect to utilize the BACT percent limits option of section 2025 (g)

, the fleet

averag ing option of section 2025 (h) , the optional requirements for small fleets of
section 2025 (i)

, the agricultural provisions of section 2025 (m)

, the retired vehicle provisions of section 2025 (k)

, or the exemptions or credits of sections 2025 (p) (1)

, (2)

, (9) , and (10) :
(10) Except personal, non-commercial, unregistered motor vehicles, or vehicles otherwise not required to obtain operating authorit y, the following is required for all fleet owners who elect to utilize the phase-in opti ons of sections 2025(h) and 2025(i), credits for early PM retrofits, hybrids ve hicles and alternative fueled vehicles of section 2025(j), the agricultural provisions of section 2025(m), or the exemptions and extensions provisions of sections 20 25(p):
(A)

(A) 1. a valid California motor carrier of property numbe r, ;
(B) 2. a valid identification number assigned by the Unit ed States Secretary of the Department of Transportation, ;
(C) 3. a valid operating authority number issued by the P ublic Utilities Commission, ;

or
(D) 4. other applicable valid operating authority number approved by the Executive
Officer.
(B) this requirement does not apply to personal, non

- commercial, unregistered motor vehicles, or vehicles otherwise not required to obtain operating authority numbers as described in section (e)(7)(A)
above.

(8) A vehicle that is exempt from meeting the NOx BACT section s 2025(f) or the percent limits in section 2025 (g), or the NOx fleet average in section 2025 (h) must comply with the requirements of section 2025 (p) (o) (1)

. ( 9 ) (11) All information specified in section 2025(r) must be reported to the
Executive Officer.

(1 0 ) (12) Records must be kept as specified in section 2 025(s).

(1 1 ) (13) Once a vehicle is required to be in compliance wit h this regulation, it must remain in compliance at all times that it is operat ing in California.B-20

(f) Requirements for Vehicles with a GVWR 26,000 lbs or less

Vehicles with a GVWR 26,000 lbs or less must comply with the BACT schedule and do not have any reporting requirements except if utili zing the delay for vehicles that meet PM BACT as identified in 2025(f)(3) below. There ar e no alternative compliance options.

(1) Except as provided in (3) below, all vehicles w ith a GVWR 26,000 lbs or less must be 2010 model year emission equivalent pursuant to the following schedule in
Table 1:

Table 1: Best Available Control Technology Complia nce Schedule

for Vehicles with a GVWR 26,000 lbs or less

Compliance Date as of January 1 Existing Engine

Model Year BACT Requirements

2015 1995 & older

2016 1996
2017 1997
2018 1998
2019 1999

2020 2003 & older

2021 2004-2006
2022

2023 2007- 2009 or

newer 2010 model year emission

equivalent

(2) Each year the fleet must meet the requirements of all prior years shown in the schedule. A 2007 model year emissions equivalent e ngine complies with the BACT requirements until January 1, 2023.

( 3 ) There are no reporting requirements for vehicles wi th a GVWR 26,00 0 lbs or less except as identified in 2025(f)( 4 ) below

. (4 ) (3) Any vehicle that meets PM BACT prior to January 1, 2014, is exempt from upgrading to a 2010 model year emission equivalent engine until January 1, 2020

. The fleet owner

and must meet the reporting and record keeping require ments of sections 2025(r) and (s) for the vehicle

.

(g) Requirements for Vehicles with a GVWR greater than 26,000 lbs

Exc ept as required in sections 2025 ( 3 ) and (4) below, If i f all vehicles in the fleet with a GVWR greater than 26,000 lbs meet the requirements of Table 2 no reporting is required. this section the fleet is exempt from the reporting requirements of
section 2 025(e)( 1 1 ). A fleet may meet PM BACT by installing the highes t level VDECS or with a vehicle originally equipped with a diesel particulate filter. A fleet may meet the 2010 model year emissions equivalent by replacing t he engine or vehicle with one with a 2010 model year engine or later, retrofitting the engine with a VDECS that achievesB-21

2010 model year equivalent emissions, or by replaci ng a vehicle with one that has a future compliance deadline. Fleets may alternatively choose to comply using the phase-in option of section 2025(i).

(1) Starting January 1, 2012, vehicles with a GVWR gre ater than 26,000 lbs must meet PM BACT and upgrade to a 2010 model year engin e or equivalent emissions pursuant to the schedule set forth in Table 2 below

.

Table 2: Best Available Control Technology Complia nce Schedule

for Vehicles with GVWR greater than 26,000 lbs

Engine Model Year Compliance Date Install PM Filter by Compliance Date 2010 Engine by

1993 & older

N/A January 1, 2015

1994-1995 N/A January 1, 2016

19 96

- 1997 N/A January 1, 2017

1998

- 2000 1996 – 1999 January 1, 2012 January 1, 2020

2001 2000 -2004 January 1, 2013 January 1, 2021

2005-2006 January 1, 2014 January 1, 2022

2007- 2009 or newer January 1, 2014 if not originally equipped January 1, 2023

(2) Each year the fleet must meet the requirements of all prior years shown in the schedule. A 2007 model year emissions equivalent e ngine complies with the BACT requirements until January 1, 2023.

(3) From January 1, 2012 until Until January 1, 2015, any fleet may optionally choose to meet PM BACT according to the following schedule :

1. (A) 2003-2004 model year engines and 1993 model year a nd older engines must meet PM BACT by January 1, 2012.

2. (B) 2005-2006 model year engines and 1994-1999 model y ear engines must meet PM BACT by January 1, 2013.

3. (C) All engines must meet PM BACT by January 1, 2014.

Beginning January 1, 2015, this option expires and the fleet must comply with general requirement 2025(e). Fleet owners choosing this option must comply with the reporting and record keeping requirements of se ctions 2025(r) and (s).

(4) Any vehicle that meets PM BACT prior to January 1, 2014, is exempt from meeting 2010 model year emission equivalent requirement unt il January 1, 2020 at which time it must comply with the requirements of Table 2 below above . Fleet owners choosing this option must comply with the reporting and record keeping requirements of sections 2025(r) and (s).B-22

(5) Fleets may utilize the exemptions in section 20 25(p) and must meet the reporting requirements of section 2025(r) to utilize the exem ptions.

(h) Small Fleet Compliance Option Phase

- in Option for Small Fleets

This is an option for fleets with a fleet size of o ne to three vehicles with a GVWR greater than 14,000 lbs that allows the fleet to delay meet ing the PM BACT requirements until January 1, 2014 and the 2010 engine or equivalent e missions requirement until January 1, 2020. This option applies only to vehic les in the fleet with a GVWR greater than 26,000 lbs.

(1) The fleet shall have one vehicle comply with PM BACT, by January 1, 2014, two vehicles by January 1, 2015, and three vehicles by January 1, 2016.

(2) Vehicles with a GVWR greater than 26,000 lbs ar e exempt from meeting the 2010 model year emissions equivalent until January 1, 20 20. Beginning January 1, 2020, all vehicles in the fleet must com ply with the 2010 engine or equivalent emissions requirements of the BACT compl iance schedule in Table 2.

(3) This option is not available to divisions withi n a company or subsidiaries under common ownership and control that has a fleet size greater than three.

(4) Fleets with vehicles with 1996-1999 1998

- 2000 model year engines that do not meet PM BACT by January 1, 2012, must comply with t he reporting requirements of section 2025(r) starting January 31, 2012 to utilize this option

. (5) Fleets with vehicles with 2001 2000 -2004 model year engines that do not meet PM BACT by January 1, 2013, must comply with the repor ting requirements of section 2025(r) starting January 31, 2013 to utilize this option

. (6) Fleet owners using this provision must comply with the reporting and record keeping requirements of sections 2025(r)(5) through (10) and (s) by January 1, 2014 to utilize this option.

(i) Phase-in Option for Large Fleets

The phase

- in o ption for fleets with vehicles with a GVWR greater than 26,000 lbs provi de s fleets with an This is an alternative compliance option to phase in the requirements for vehicles with a GVWR greater than 26,000 lbs from January 1, 2012 to January 1, 2016. With this option fleets may utilize a number of cre dits and exemptions and must comply with the reporting and record keepi ng requirements of section 2025(r) and (s).

(1) Beginning January 1, 2012, fleets must meet the PM BACT requirements and upgrade to a 20 10 model year emission equivalent engine pursuant to the
schedule set forth in Table 3 2 below. and then comply with the requirements of section 2025(g) prior to January 1, 2016.B-23 Table 3: Phase-in Compliance Schedule for Vehicles with GVWR greater than 26,000 lbs

Compliance Date as of January 1 Percent of Total Fleet

Complying with BACT BACT Requirements

2012 30%

2013 60%
2014 90%
2015 90% PM BACT

2016 All vehicles must comply with section 2025(g)

(2) If the calculated number of engines in each mod el year group required to be brought into compliance with the percentage limits is not equal to a whole number, the owner shall round up to a whole number when the fractional part of the required number of engines is equal to or greater t han 0.5, and round down if less
than 0.5.

(3) Vehicles in which public funds contributed to t he purchase or retrofit of a the
vehicle must be not be included when excluded in determining the fleet
size compliance in accordance with the funding program g uidelines applicable to the particular source of public funds used for the purchase. and the number of
vehicles in accordance with the funding program guidelines

. , nor shall they be included in the total fleet for purposes of determi ning the percent complying with
BACT.

(4) To utilize this option, fleet owners must compl y with the reporting and record keeping requirements of sections 2025(r) and (s) by beginning January 31, 2012.

(5) Credit Relief for Fleets that have Downsized

T his credit is only a vailable to fleets utiliz ing the phase

- in option

. Until January 1, 2016, a fleet that has fewer vehicles wi th a GVWR greater than 26,000 lbs. operating in the compliance year than in the 2 006 baseline fleet may claim a reduced requirement for the compliance year. This credit is only available to fleets utilizing the phase-in option 2025(i).

(A) Until January 1, 2014, t T he fleet may reduce the percent requirement in Table 3 by the same percent that the fleet was down sized. For example, a fleet that is 20 percent smaller than it was in 200 6 would subtract 20 percent from the annual compliance requirement. If the com pliance requirement for the year is 30 percent, the fleet would need to dem onstrate that it had PM
filters on the 10 percent of the existing fleet (30%-20%=10%) met PM BACT

. (B) The number of vehicles that are not operated in the compliance year may be excluded from the existing fleet in determining the credit if:
1. The vehicle is not driven for the entire complia nce year andB-24 a. Either a planned non-operation certificate that has been filed with the DMV or a certificate of non-operation or,
b. An equivalent certificate filed with another sta te prior to the beginning of the compliance year; or
2. The vehicle is not operated for any other purpos e during the compliance year except to demonstrate functionality of the vehicle to potential buyers, to move the vehicle short distanc es for maintenance, or to a storage facility while awaiting sale.

(C) Any fleet utilizing this provision must comply with the reporting requirements of section 2025(r)(13) and report information for a ll vehicles in the 2006
baseline fleet.

(E) The credits are not transferrable except with a ppropriate documentation of a change of business form such as sole proprietorship to partnership or partnership to corporation, or for mergers or acqui sitions of the entire company and fleet.

(F) For purposes of determining the credit number of vehicle in the fleet on January 1 of the compliance year, all vehicles in the scope and applicability section 2025(b) must be included and all vehicles e xempt from the regulation in the exemptions section 2025(c) must be excluded.

(6) Delayed Phase-In for Low-Mileage Construction T rucks and Vehicles that Operate Exclusively in the NOx Exempt Areas

This provision provides a two year delay for low-mi leage construction trucks and for vehicles used exclusively in NOx exempt areas a nd is only available for fleets utilizing the phase-in option of section 2025(i). Eligible vehicles must be brought into compliance with PM BACT from 2014 to 2016 as f ollows:

(A) Low-mileage construction trucks or vehicles use d exclusively in NOx exempt areas are exempt from meeting PM BACT and are exclu ded from the fleet for purposes of determining compliance until January 1, 2014.

(B) By January 1, 2014, no more than two-thirds of the fleet may utilize the exemption including low-mileage construction trucks and vehicles that operate exclusively in the NOx exempt areas.

(C) By January 1, 2015, no more than one-third of t he fleet may utilize the exemption including low-mileage construction trucks and vehicles that operate exclusively in the NOx exempt areas.

(D) By January 1, 2016 all low-mileage construction trucks or vehicles used exclusively in NOx exempt areas must meet PM BACT a nd comply with the BACT compliance schedule of Table 2 beginning Janua ry 1, 2020.

(E) Fleet owners utilizing this provision must comp ly with the reporting and record keeping requirements of sections 2025(r) and (s).

(F) Labeling Requirements for Low-Mileage Construct ion TrucksB-25 (A) By January 31, 2012, fleet owners must permanen tly affix or paint an identification label on each low-mileage constructi on truck that utilizes this provision as follows:
1. The letters CT shall be white block lettering on a black background. Both letters shall be at least three i nches high on a five by eight inch background,
2. The label shall be located on the left and right door of the vehicle
and be in clear view at all times.

(G) Vehicles used exclusively in the NOx exempt are as may utilize the exemption in section 2020(p)(1) which provides labe ling options.

(j) Credits for Early PM Retrofits, Early addition of Newer Vehicles, Hybrid Vehicles, Alternative Fueled Vehicles, and Vehicles with Heav y-Duty Pilot Ignition Engines

(1) Fleets utilizing the phase-in option of section 202 5(i) A fleet shall receive a credit to treat another vehicle with a GVWR greater than 2 6,000 lbs as compliant until January 1, 2017. The fleet can earn a credit for t aking the following compliance action on a vehicle with a GVWR greater than 26,000 lbs. as specified below or for taking the action specified in 2025(j)(1)(A) or 202 5(j)(1)(B) on a vehicle with a GVWR from 14,001 to 26,000 lbs if completed before July 1, 2011:

. The fleet can
also earn a credit to treat another veh icle with a GVWR greater than 26,000 lbs as compliant for taking the following action on a vehicle with a GVWR from 14,001 to 26,000 lbs if the action was taken between January 1, 2007 and July 1, 2011.

(A) For each vehicle the fleet has equipped with the h ighest level VDECS for PM by July 1, 2011. A fleet may also receive the same credit if the highest level VDECS is ordered and paid for by May 1, 2011 and in stalled by September 1, 2011.

(B) For each fuel efficient hybrid vehicle , alternative fueled or heavy-duty pilot ignition engine added to the fleet before January 1, 2017. between January 1, 2007 and January 1, 2017. Any alternative fueled engine or heavy-duty pilot ignition engine must be counted wh en determining the
number of vehicles in the fleet.

(C) Credits will be granted to fleets with vehicles with a GVWR greater than 26,000 lbs that purchased vehicles with 2007 or new er engines that meet PM BACT prior to January 1, 2012, according to the fol lowing:

1. For only the portion of the fleet that has a GVW R greater than 26,000 lbs, the number of credits shall be established by subtracting the average age of the 2006 baseline fleet minus the av erage age of the fleet on January 1 of the compliance year multiplie d by the number of vehicles in the fleet on January 1 of the complianc e year divided by twice the average age of the 2006 baseline fleet as follows:

Credit = [Fleet Age (2006) – Fleet Age (CY) ]*Vehicle Count (CY )

2* Fleet Age (2006)B-26 Where:

Fleet Age (2006) is calculated as 2007 minus the average of the engi ne

model years of the 2006 baseline fleet.

Fleet Age (CY) is the average age of the engine model years in the fleet

on January 1 of the compliance year excluding vehicles that are exempt from meeting PM BACT of 2025(g).

Vehicle Count (CY ) is the number of vehicles in the fleet on January 1 of

the compliance year excluding vehicles that are exempt from meeting PM BACT of 2025(g).

2. The number of credits will be recalculated at th e beginning of each compliance year with the formula 2025(j)(C)1. The credit may decrease, but can never exceed the number of credit s established using 2012 as the compliance year and the number of credits cannot
exceed the number of vehicles with 2007 or newer en gines in the fleet that meet PM BACT in the compliance year.

(C) For each alternative fueled engine or heavy

- duty pilot ignition engine added to the fleet between before January 1, 2011. A dual

- fuel engine is not eligible

. (2) Credits under this section will not be given for vehicles that were purchased or retrofitted to comply with any other California in- use regulation. Credits will also not be given for partially state funded vehicle rep lacements or retrofits according to the funding program guidelines applicable to the particular source of public fund s used for the purchase . Credits under this section are only valid for as long as the vehicle for which the compliance action has been ta ken remains operational in the
fleet.

(3) A fleet using the credits under this section must report the information required in section 2025(r) about the vehicle for which the com pliance action has been taken and the vehicle to be treated as compliant.

(4) If all the vehicles in the fleet with a GVWR gr eater than 26,000 lbs meet PM BACT prior to January 1, 2014, the vehicles are exempt f rom meeting the 2010 model year emission equivalent requirements until January 1, 2023. Fleet owners must comply with the reporting and record keeping requir ements of sections 2025(r) and (s).

(f) Best Available Control Technology (BACT) Re quirements

Starting and every January 1, 2011 thereafter, vehicles within a fleet in whic h the fleet owner has elected to utilize the provisions of sect ion 2025(f) must comply with the definitions for PM BACT, and NOx BACT as set forth in the compliance sc hedule shown
in Table 1. Each year the fleet must meet the requirements o f all prior years shown in
the schedule. If all vehicles in the fleet meet th e requirements of this section the fleet is exempt from the reporting requirements of section 2025(e)(9).B-27 Table 2 : Best Available Control Technology Compliance Sch edule

Compliance Deadline, as of January 1 Engine Model Years BACT Requirements

2011 Pre

- 1994 PM BACT

2012 2003

– 2004 PM BACT

2005

– 2006 PM BACT 2013 1994

– 1999 NO x and PM BACT

2000

– 2002 NOx and PM BACT 2014
2007 and later

that do not meet PM BACT PM BACT

2015 Pre

- 1994 NOx and PM BACT

2016 2003

– 2004 NOx and PM BACT

2017 2005

– 2006 NOx and PM BACT

2018 All pre

- 2007 NOx and PM BACT

2019 All pre

- 2007 NOx a nd PM BACT

2020 All pre

- 2007 NOx and PM BACT

2021 2007 or equivalent NOx and PM BACT

2022 2008 NOx and PM BACT

2023 2009 NOx and PM BACT

(g) BACT Percentage Limits.

A fleet owner who elects to utilize the provisions of this section must comply with t he applicable requirements below and the reporting requirements o f section 2025 ( r )

. (1) By January 1 of each compliance year, t he fleet must meet PM BACT for the percentage of propulsion engines in the fleet , including engines installed in motorcoaches, a s set forth in Table 2

. (2) By January 1 of each compliance year, the fleet , excluding motorcoaches, must

meet NOx BACT for the percentage of non

- motorcoach propulsion engines in the
fleet as set forth in Table 2

. By January 1 of each compliance year

, mot orcoaches in the fleet must meet MC NOx BACT for the percenta ge of motorcoach engines in
the fleet as set forth in Table 2

. (3) If the calculated number of engines in each model year group required to be brought into compliance with the BACT percentage li m its is not equal to a whole number, the owner shall round up to a whole number when the fractional part of the required number of engines is equal to or great er than 0.5, and round down if
less than 0.5.B-28

Table 2 : Percent of Total Fleet That Must Comply w ith PM and NOx BACT

Percent of Total Fleet Complying with BACT Percent of Total
Motorcoach Fleet Complying with
BACT Compliance
Deadline as of January 1
PM BACT NOx BACT MC NOx BACT

2011 25% NA NA

2012 50% NA NA

2013 75% 25% NA

2014 100% 50% NA

201 5 100% 50% NA

2016 100% 60% NA

2017 100% 80% 50%
2018 100% 80% 50%

2019 100% 80% 50%
2020 100% 90% 50%
2021 100% 90% 90%
2022 100% 90% 90%
2023 100% 100% 100%

(h) Fleet Averaging

Option

(1) A fleet owner who elects to be subject to provisions of section 2025(h) for compliance with the fleet average requirement for PM, NOx, or both must comply
with the applicable fleet averaging requirements of section s 2025 (h)(2) and (3)
below and the reporting requirements of section 2025 (r)

. (2) NOx Fleet Avera ge

. (A) A fleet owner must demonstrate that on January 1 of each compliance year, starting in 201 3 and ending on January 1, 202 3 , the calculated NOx Index of the applicable portion of the fleet was less than or equal to the calculated NOx Target Rate

. NOx exempt vehicles, as defined in section 2025 (d) (56 ) need not be
included in the calculation of the NOx Index or the NOx fleet average for those years that the vehicle is exempt.

(B) NOx Index

: The following equation is to be used to calculate t he
NOx Inde x.



### ts requiremen NOx the to subject vehicles of number Total EF of Sum EF of Sum EF of Sum Index NOx MC MHD HHD ) ( ) ( ) ( 

### + +

=B-29

Where:

EF (HHD) = The NOx emission factor as specified in Appendix A for each heavy

heavy

- duty ( HHD ) vehicle subject to the NOx requirements

, including motorcoaches, or

adjusted as applicable according to paragraphs 1.
and 2. below.

EF (MHD) = T he NOx emission factor as defined in Appendix A for each medium

heavy

- duty (MHD) vehicle subject to the NOx requirements

, or adjusted as applicable, according to paragraphs 1. and 2. below

. 1. Except for 2010 model year NOx emissions equivalen t engines, fo r propulsion engines that have bee n retrofit ted with VDECS, the NOx
emission f actor is reduced by the percentage NOx emission
reductions that are verified

. 2010 model year NOx emissions equivalent engines shall use the emissions factor for 2010 and newer engines in Table A

- 2 in Appendix A

. 2. The fleet owner

may exclude 2010 model year engines equipped with a diesel particulate filter (DPF) from the fleet average calculation for any compliance year, and may exclude 2007 model year engines equipped with a D PF from the fleet average calculation until January 1, 2017

.

(C) NOx Target Rate : The following equation is to be used to calculate t he
NOx Target Rate

.

Where:

Target (HHD) = The NOx target from Table 3 for each HHD vehicle subject to the

NOx requirements.
Target (MHD) = The NOx target from Table 3 for each MHD vehicle subject to the

NOx requirements

. Target (MC) = The NOx target from Tabl e 3 for each MC vehicle subject to the

NOx requirements. Total number of vehicles subject to the NOx require ments Sum of Target NOx Target Rate + +

= Sum of Target (MHD) (HHD) (MC) Sum of Targ etB-30 Table 3 : Fleet NOx Targets to be Used to Calculate NOx Target Rates (g/mile)

Fleet NOx Targets for each compliance deadline Compliance Deadline, as of January1 MHD HHD MC

2013 8.5 14.4 N/A

2014 5.8 9.8 N/A

2015 5.8 9.8 N/A

2016 4.6 7.8 N/A

2017 4.0 6.0 9.8
2018 4.0 6.0 9.8
2019 4.0 6.0 9.8
2020 3.2 4.4 9.8

2021 3.2 4.4 4.4
2022 1.6 3.0 3.0
2023 0.8 1.6 1.6

(3) PM Fleet Average

. (A) A fleet owner mu st demonst rate that on January 1 of each year starting in 201 1 and ending on January 1, 202 3 , the PM Index of the applicable portion of the fleet was
less tha n or equal to the calculated PM Target Rate.

(B) PM Index

. The following equation is to be used to calcul ate the PM Index:

Where:

PMEF (HHD) = The PM emission factor (g/mile) as specified in Appendix A for

each heavy heavy

- duty (HHD) vehicle , including motorcoaches,

or adjusted according to paragraph 1. below, as appli cable

. PM EF (MHD) = The PM emission factor (g/mile) as specified in Appendix A for

each medium heavy

- duty (MHD) vehicle or adjusted as applicable according to paragraph 1. below

. 1. For a propulsion engine that has been retrofit ted with a VDECS, the
P M Emission Factor is reduced 50 percent for a level 2 VDECS, and
85 percent for a level 3 VDECS; t he PM Emission Fa ctor is not
reduced for a level 1 VDECS

(C) PM Target Rate : The following equation is to be used to calculate t he requirement averaging fleet PM the to subject vehicles of number Total PMEF of Sum PMEF of Sum Index PM MHD HHD ) ( ) ( +

=B-31

PM Target Rate



### t requiremen averaging fleet PM the to subject vehicles of number Total et T PM of Sum et T PM of Sum Rate et T PM MHD HHD ) ( ) ( 

### arg arg arg +

=

Where:

PMTarget ( HHD) = The PM target (g/mile) from Table 4 for each HHD vehicle subject

to the PM fleet averaging requirements.

PMTarget (MHD) = The PM target (g/mile) from Table 4 f or each MHD vehicle

subject to the PM fleet averaging requirements.

Table 4 : Fleet PM Targets
to be Used to Calculate PM Target Rates (g/mile)

Fleet PM Targets for each compliance

deadline Compliance Deadline,
as of January 1 M HD H HD

201 1 0.38 0.710

201 2 0.2 9 0.5 3 0
201 3 0.17 0.32 0
201 4 0.06 0.110
201 5 0.0 6 0.110
201 6 0.06 0.110
201 7 0.06 0.110

201 8 0.06 0.110
201 9 0.06 0.11 0
20 20 0.06 0.110
202 1 0.06 0.110
202 2 0.06 0.110
202 3 0.0 6 0.11 0

(i) Optional Requirements for Small Fleets

(1) For any compliance deadline, s mall fleet owner s may comply w ith the requirements of section 2025(e) (1)

, which include s the requirement to comply with BACT in section 2025(f), the BACT percentage limits of 2025(g), or the fleet averaging option of 2025(h), or by complying with following o ptional compliance requirem ents.

(2) Small fleets must comply with the general requirem ents of section 2025(e) except that i n lieu of the requirements of sections 2025(e) (1) , the owner of a small fleet may comply by having the following : ( A ) Fleets with One V ehicle

Beginning Januar y 1, 2014, a fleet consisting of one vehicle must have that vehicle equipped with a 2004

- 2006 model year NOx emissionsB-32 equivalent or newer engine that has the highest lev el VDECS for reducing PM emissions installed. By January 1, 2019, the ve hicle must me et the requirements of BACT in section 2025(f).

( B ) Fleets with Two Vehicles

Fleets with two vehicles may meet the requirements of 1. or 2. below.

1. a. Beginning January 1, 2014, the fleet must have o ne vehicle equipped with a 2004

- 2006 model year NOx emissions equivalent or newer engine that has the highest level VDECS for reducing PM emissions installed and the second vehicle in the fleet must meet the requirements of BACT in sec tion 2025(f) ; and

b. B y January 1, 2019 , the 2004

- 2006 model year vehicl e identified in a. above must meet the requirements of BACT in section 2025(f)

. 2

. a. Beginning January 1, 2014 the fleet must have one vehicle equipped with a 2010 NOx emissions equivalent or newer engine and t he second vehicle equipped with the highest l evel VDECS for reducing PM emissions ; and

b. By January 1, 2017

, the second vehicle must meet the requirements of BACT in section 2025 ( f)

. (C) Fleets with Three Vehicles

Fleets with t hree vehicles may meet the requirements of 1.

, 2. , or 3. 2.
below.

1. a

. Beginning January 1, 2014, the fleet must have o ne vehicle equipped with a 2004

- 2006 model year NOx emissions equivalent or newer engine that has the highest level VDECS for reducing PM emissions installed and t he other two
vehicles in the fleet must mee t the requirements of BACT in section 2025( f ) ;

b. Beginning January 1, 2019, all three vehicles in the fleet must be in compliance with the requirements of section 2 025( e )

. 2. a. Beginning January 1, 2014, the fleet must have one vehicle equipped with a 20 10 model year emissions equivalent or newer engine , and a second vehicle equipped with a 2004

- 2 006 model year NOx emissions equivalent or newer en gine that has the highest level VDECS for reducing PM em issions;
the third vehicle is exempt the requirements of sections 2025(f), (g), or (h) until January 1, 2016 when it must meet the requirements of BACT in section 2025(f).from the PM and NOx requirements

. b. Beginning January 1, 2019, all three vehicles in the fleet must be in compliance with the requirements of section 2025(e).B-33

(k) (j) Requirements for Schoolbuses School Buses

This section applies to school buses as defined in section 2025(d)(52) with a GVWR greater than 26,000 lbs. Except school buses with a GVWR greater than 14,000 lbs manufactured before April 1, 1977, school buses les s than 26,001 lbs are exempt from the requirements of section 2025(k).

(1) Phase-in Requirements for School Buses with a G VWR greater than 26,000 lbs

Fleets with school buses manufactured on or after A pril 1, 1977, with a GVWR greater than 26,000 lbs, must comply with PM BACT a s defined in section 2025(d)(47), pursuant to the schedule set forth in Table 4 5 below.

Table 4 5 : Compliance Schedule for School Buses with a GVWR greater than 26,000 lbs

Compliance Deadline, as of January 1 Percent of Fleet Complying
with PM BACT

2012 33%
2013 66%
2014 100%

(2) Relief Credit for School Bus Fleets that have Downsized

(A) Until January 1, 2014, a fleet having fewer sch ool buses, with a GVWR greater than 14,000 lbs, on January 1 of the compli ance year than it had in the 2006 baseline year may reduce the percent requi rement in Table 4 5 by the same percentage that the fleet has downsized.

For example, a fleet that is 20 percent smaller tha n it was in 2006 would subtract 20 percent from the annual compliance requ irement. If the compliance requirement for the year is 33 percent, the fleet would need to demonstrate that it had PM filters on the 13 percen t of the existing fleet (33%-20%=13%).

(B) The credits are not transferrable except with a ppropriate documentation of a change of business form such as sole proprietorship to partnership or partnership to corporation, or for mergers or acqui sitions of the entire company and fleet.

(3) Credits for Hybrid School Buses, Alternative Fu eled School Buses, and School Buses with Pilot Ignition Engines

Fleets with fuel efficient hybrid school buses, alt ernative fueled school buses, or school buses with pilot ignition engines with a GVW R greater than 14,000 lbs shall
receive a credit to treat another school bus as com pliant until January 1, 2014. A school bus with a dual-fuel engine is not eligible. This credit is not available for school buses that were purchased or retrofitted to comply with any other California in-use regulation. This credit is not available if state funds where used to partiallyB-34

or totally replace or retrofit any school bus unles s allowed by the guidelines of the program that funded the bus replacement or retrofit

. (4) Credits for PM VDECS or Replacement School Buse s between 14,001 and 26,000
lbs GVWR

For each school bus in the fleet, with a GVWR great er than 14,000 and less than or equal to 26,000 lbs, equipped with a PM VDECS or an OEM diesel particulate filter that replaced an older bus, the fleet may tr eat another school bus with a GVWR greater than 26,000 lbs as compliant until Jan uary 1, 2014.

(5) Extension of Deadline for Unavailability of VDE CS

If a school bus engine cannot be equipped with the highest level VDECS for PM
the school bus owner must:

(A) Record and submit to the Executive Officer the information listed in section 2025(k)(5)(B) through (E) by January 31 of each com pliance year through January 31, 2017. By January 1, 2018, this extensi on expires and all school buses must be replaced with a vehicle that is 2010 model year emissions equivalent or one that complies with the BACT compl iance schedule (i.e., a 1998 model year engine or newer school bus equipped with the highest level VDECS for PM).

(B) Describe the reasons that a compliance extensio n is needed for each engine or engine-vehicle combination annually.

(C) If during the warranty period, the VDECS would void the engine warranty, provide a statement from the engine manufacturer, o r authorized engine dealer, or vehicle dealer that explains why the war ranty would be voided.

(D) If no verified VDECS is commercially available, provide a list of VDECS
manufacturers that have been contacted and the manu facturers’ responses to your requests to purchase a VDECS from them.

(E) If a verified VDECS is commercially available, but the VDECS manufacturer
or an authorized VDECS installer does not deem the VDECS to be technologically feasible for the school bus, provid e a statement from the
VDECS manufacturer or authorized VDECS installer.

(6) Low-use School Buses

(A) School buses operating fewer than 1,000 miles d uring any compliance year are exempt from the Requirements for School buses i n section 2025(k), but fleet owners must comply with the record keeping re quirements of section 2025(s)(3). Such vehicles must have a properly fun ctioning odometer
installed at all times.

(B) A fleet owner of a school bus that exceeds 1,00 0 miles in any compliance year must immediately count the school bus as part of the fleet, bring the fleet into compliance with the requirements of 2025 (k) in the current compliance year and notify the Executive Officer of the change in status within 30 days of exceeding the mileage limit.B-35

(7) Any school bus, with a GVWR greater than 14,000 lbs, manufactured before April 1, 1977, must be retired from service no late r than January 1, 2012

. (8) Title 13, CCR section 1272(c) requires that a s choolbus that has been retrofit with a VDECS must receive a safety inspection from an au thorized employee of the department of the California Highway Patrol, prior to its return to service.

(9) School buses that were equipped on or before De cember 31, 2005, with a Level 2 VDECS, which was highest level VDECS at the time of installation, are considered in compliance with PM BACT.

(10) Section 2025(c)(10) exempts school buses meeti ng the definition in section 2025(d)(36) of a historic vehicle.

(11) Owners of school buses are subject to the reco rdkeeping requirements in section 2025(s)(3).

(12) Owners of school buses are subject to the appl icable requirements of sections 2025(t) through (z).

(13) Owners of school buses have the option to dela y the requirement to meet PM BACT for 1988-1993 model year engine school buses u ntil January 1, 2014.

Beginning with the applicable effective dates set f orth below, a schoolbus fleet, as
defin ed in section 2025(d)(34)(D), and a schoolbus sub

- fleet as defined in
section 2025(d)(34)(E) must comply with the following requi rements of this regulation :

. Schoolbuses within a schoolbus fleet or a schoolbus sub

- fleet are exempt from meeting
NOx BACT in section 2025(f), (g) and NOx fleet averaging in se ction 2025(h).

(1) Any scho olbus manufactured before April 1, 1977, must be retired from ser vice no
later than January 1, 201 2

. (2) Each schoolbus fleet or schoolbus sub

- fleet must comply with the best av ailable control technology (BACT) requirements of section 2 025(j)(4) or the PM BACT percentage limit requirements of 2025(g) or the PM fleet averaging option of 2025(h)(3).

(3) By January 1, 201 4 , all diesel

- fueled schoolbuses shall be retrofit ted with the highest level VDECS available

. Engines equipped with a diesel particulate filter b y the engine manufacturer as original equipment are c onsidered in compliance with
this requirement

. (4) Each schoolbus fleet or schoolbus sub

- fleet owner who chooses the BA CT option
must meet the PM BACT as defined in section 2025 (d)(6 2 ) according to the compliance schedule shown in Table 5

. (5) If a schoolbus engine can not be retrofit ted with highest level VDECS for PM then the engine shall be replaced with an engine that c an be retrofit ted with the highest
level VDECS by January 1, 201 8 , subject to meeting the annual extension requirements of section 2025(p)(11)

. The schoolbus must be included in the compliance method calcul ation described in section 2025 (j)(2) and the rep orting
and record requirements in section 2025 (j) (9)

.B-36

(6) After a schoolbus has been retrofit ted with a VDECS

, it must receive a safety inspection from an authorized employee of the depar tment of the California Highway Patrol

, as required by t itle 13, Cali fornia Co de of Regulations (CCR)
section 1272(c)

, prior to its return to service

.

Table 5 : Best Available Control Technology Compliance Sch edule for Schoolbus Fleets

Compliance Deadline,
A s of January 1 Engine Model Years

201 1 2000 and newer

201 2 199 4

– 1999
201 3 1987

– 1993

201 4 Pre

- 1987

(7) Special P rovisions for S choolbuses

(A) An owner of a schoolbus fleet or schoolbus sub

- fleet may be granted credit for hybrid schoolbuses or alternative fuel schoolbuses according to the provisions of sectio ns 2025 (p)(8 ) and (9 ) , respectively.

(B) Low

- use Schoolbuses

1. Schoolbuses that meet the definition of a low

- use schoolbus a re exempt from the requirements of section 2025 (j)(2) but the owner must keep records and meet the reporting requiremen ts in accor dance
with sections 2025 (j)(9) and 2025(s)(4)

. 2. Low

- use schoolbuses need not be included when determining compliance with the BACT percent limits of section 2025 (g) or when calculating PM fleet average indices or target rates for the fleet averaging opti on of section 2025 (h)(3)

. 3. Schoolbuses that formerly met the low

- use schoolbus definition, but
for which mileage subsequently increase s to 1,000 miles or greater, must immediately meet the requirements of Table 5 above or
section 2025 (g) or ( h) as requir ed for the immediately preceding compliance deadline

. (C) S choolbuses that were retrofit ted on or before December 31, 2005 with a l evel 2 VDECS

, which was highest level VDECS at the time of installation

, are considered in compliance with PM BACT

. (8) Schoo lbuses registered as historic vehicles

, as defined in section 2025 (d )(41) are not subject to the regulation.

(9) Reporting R equirements for Schoolbus Fleets and Schoolbus Sub

- Fleets

The owner of a schoolbus fleet or a schoolbus sub

- fleet is subject to the reporting requirements in section 2025 (r) (14) if complying with the PM BACT percentage limit requirements of 2025 (g) or the PM fleet averaging option of 2025 (h)(3) or any of the special provisions in section 2025 (p)

.B-37

(10) Schoolbus fleets and schoolbus sub

- fleets are subject to the applicable requirements of sections 2025 (t) through (z)

.

(l) Requirements for Drayage Trucks and Utility Veh icles

(A) Drayage trucks that are subject to the Drayage Truck regulation may be included in the fleet for purposes of complying wit h the requirements of section 2025(e) only if all drayage trucks are incl uded. Fleets must include all drayage trucks when complying with the phase-in option for large fleets of section 2025(i).

(B) Starting January 1, 2017, all drayage truck own ers must comply with the requirements of section 2025(e).

(C) Drayage trucks may not utilize any of the credi ts in section 2025(j) or exemptions and extensions in section 2025(p).

(D) Starting January 1, 2021, all private utility v ehicle owners must comply with the requirements of section 2025(e).

(k) Retired Vehicle

Credit

(1) Until January 1, 2014, a fleet may obtain credit eq uivalent to one 2010 engine for purposes of determining BACT in section 2025 (g) or for calculating the PM and
NOx indices and target rates in 2025 (h) . Any fleet utilizing the retirement credit provision must comply with the reporting requiremen ts of section 2025 (r) beginning March 31, 2010

, by January 31, 2012, and report information for all
vehicles in the 2008 baseline fleet.

(2 ) For purposes of calculating the BACT percentage lim its in section 2025 (g) credit will be given equal to a 2010 model year engine for each vehicle retired

, that reduces the number of vehicles in the fleet compare d to the baseline fleet as
defined in secti on 2025(d)(3)

. (3) For purposes of calculating the PM and NOx indices and target rates in fleet averaging 2025 (h) the fleet shall use the following approach:

(A) If the number of MHD vehicles in the fleet has decl ined then the emissions
factor used shall be the same as a 2010 model year engine emissions factor for each MHD vehicle retired up to the total number of vehicles
reduced from the 2008 baseline fleet.

(B) If the number of HHD vehicles in the fleet has decl ined then the emissions
factor used shall be the same as a 2010 model year engine emissions factor for each HHD vehicle retired up to the total number of vehicles
reduced from the 2008 baseline fleet.

(4) Retirement credits will be retained upon appropriat e documentation of a change of
business f orm such as sole proprietorship to partnership or p artnership to corporation, but not for mergers, acquisitions, sal es or purchases.B-38

(l) Requirements for Motorcoaches

Motorcoaches are exempt from meeting NOx BACT in sections 2025(f) or (g), or the
NOx fle et averaging in section 2025 (h) until January 1, 2017. Beginning January 1, 2017, fleets with motorcoaches complying with the BACT percentage limits
of section 2025 (g) or the fleet averaging requirements of section 2025 (h)

, would include
the MC NOx BACT e missions factor from Table 2 and the MC NOx target value from
Table 3 when calculating the NOx target rate and fleet average NOx emissions for the
fleet

.

(m) Requirements for Agricultural Fleets

Beginning January 1, 2011, agricultural vehicles sh all be exempt from the requirements of sections 2025(f) and (g) if they meet the defini tion of an agricultural vehicle and remain below the applicable mileage limits for the period specified. Vehicles meeting the specialty vehicle definition would have no mile age restrictions. Fleets must comply with the reporting and record keeping requirements of sections 2025(r) and (s).

(1) Beginning January 1, 2011 through January 1, 20 17, any vehicle meeting the definition of an agricultural vehicle, as defined i n section 2025(d)(5), that remains below the annual mileage limits in Table 5 6 below are exempt from the requirements of section 2025(f) and (g).

Table 5 6 : Agricultural Vehicle Mileage Limits

Engine Model Year Mileage Limits

1995 and earlier

15,000 miles

1996-2005 20,000 miles

2006 or newer

25,000 miles

(2) Agricultural vehicles that have not exceeded 10 ,000 miles per year between January 1, 2011 and January 1, 2017, shall continue to be exempt from the requirements of 2025(f) and (g) until January 1, 20 23, so long as the 10,000 mile
limit is not exceeded.

(3) Beginning January 1, 2017, all agricultural veh icles that have exceeded 10,000 miles in any calendar year since January 1, 2011, m ust comply wit with the best available control technology (BACT) requirements of section 2025(f) and (g).

(4) Specialty agricultural vehicles, as defined in section 2025(d)(53), are exempt from the requirements of sections 2025(f) and (g) until January 1, 2023 regardless of
annual miles traveled.

(5) A qualifying agricultural vehicle must be opera tional, functional, able to start without assistance, and be able to move under its o wn power. Vehicles that are being used for parts do not qualify as an agricultu ral vehicle subject to section 2025(m).B-39

(6) Agricultural fleet owners utilizing the agricul tural provisions of section 2025(m) must report and comply with the requirements of sec tion 2025(r) and 2025(s).

(7) Within 30 days of replacing a qualifying agricu ltural or specialty agricultural vehicle, the agricultural fleet owner must report t he required information in section 2025(r)(14)(I).

(8) The maximum number of qualifying agricultural v ehicles in a fleet shall be established by the number of agricultural vehicles in the fleet as of January 1, 2009, as reported in section 2025(r)(14) . This number shall not increase from one year to the next.

(9) An agricultural vehicle may be replaced by anot her vehicle so long as the replacement vehicle is equipped with an engine that is at least one model year newer than the engine in the vehicle it replaced, a nd provided the original vehicle is scrapped, rendered inoperable, sold out of the a gricultural fleet, or will no longer meet the definition of an agricultural or specialty agricultural vehicle. This requirement does not apply if just the engine is be ing replaced and not the entire
vehicle. entore vehilce

. (7) (10) When a qualifying agricultural vehicle is replaced , the sum of the miles accrued on the original vehicle in that calendar ye ar, up to the time of replacement, plus the mileage accrued on the replac ement vehicle for the remainder of the calendar year (beginning with the date of replacement) must remain below the mileage thresholds based on the mo del year of the engine in the replacement vehicle.

(8) (11) A merger of two or more agricultural fleets may no t result in more agricultural vehicles after the merger occurs than the sum of the agricultural vehicles in the individual agricultural fleets incl uded in the merger.

(9) (12) Beginning January 1, 2017, all agricultural vehicl es that have exceed 10,000 miles in any calendar since January 1, 2011, must comply with the best available control technology (BACT) requirements of section 2025(f) and (g).

(1) Beginning January 1, 2011 , vehicles meeting the definitions of limited

- mileage agricult ural vehicles, or low

- mileage agricultural vehicles, shall be exempt from the requirements of sections 2025 (f)

, (g) , and (h) for the periods specified in the
definitions , provided that such vehicles meet the conditions s et forth below

. Provisions for spec ialty agricultural vehicles, as defined in section 2025 (d) (6 9 ) (7 4 )

, are provided below. To qualify for any of these pr ovisions, such vehicles must be operational and functional, including being able to start without assistance and
able to move under its o wn power. Vehicles that are being used for parts a re not included in these provisions

. (2) For all other vehicles in the agricultural fleet, b eginning January 1, 2011 , the fleet owner must comply with the best available control t echnology (BACT) requireme nts of section 2025 (f) , the BACT p ercentage l imits of section 2025 (g) or the fleet average requirements of section 2025 (h)

. (3) Agricultural fleet owners utilizing the agricultural provisions of section 20 25 (m) must report and comply with the requirements of section 2025 (r) and 2025 (s) forB-40

all vehicles subject to this regulation for each compliance yea r , regardless of whether the vehicle is an agricultural vehicle or n ot

. (4) Within 30 days of replacing a low

- mileage, limited

- mileage , or specialty agricultu ral vehicle, the agricultural fleet owner must report the required information in section
2025 (r) (15)(J)

. (5) All vehicles must comply with the requirements of s ection 2025 (e) for the next compliance date upon it being discovered that any vehicle in the ag ricultural fleet does not comply with any of the requirement s of th is agricultural fleet provision.

(6) Requirements for limited

- mileage agricultural vehicles

(A) The maximum number of limited

- mileage agricultural vehicles in any agricultural fleet shall b e established by the number of limited

- mileage vehicles in the agricultural fleet as of January 1, 2009, as reported in section
2025 (r)(1 5 ) . This number shall not increase

. (B) A limited

- mileage agricultural vehicle may be replaced by another vehicle so l ong as the replacement vehicle is equipped with an engine that is at least one model year newer

than the engine in the vehicle it replaced , and provided the original vehicle is scrapped, rendered inoperable, replaces a
low

- mileage agricultural vehicle acco rding to section 2025 (m) (7)(C) , or is sold out of the agricultural fleet

. This requirement d oes not apply to engine replacements

. (C) When a limited

- mileage agricultural vehicle is replaced, the sum o f the miles accrued on the original vehicle in that cal endar year, up to the time of replacement, plus the mileage accrued on the replac ement vehicle for the remainder of the calendar year (beginning with the date of replacement) must remain below the mileage thresholds established in section 2025 (d)(4 4 )
based on the model year of the engine in the replacement vehicle

. (D) Beginning January 1, 2017, all limited

- mileage agricultural vehicles that do
not meet the definition of a low

- mileage agricultura l vehicle as defined in
section 2025 (d)(4 5 ) must comply with t he best available control technology (BACT) requirements of section 2025 (f) or the fleet average requirements of
section 2025 (h)

. (E) A vehicle that formerly met the limited

- mileage agricultural vehicle definition, but whose use increases above the mileage thresholds established in
section 2025 (d)(4 4 ) based on the model year of the engine, must immediately meet the requirements of section 2025 (f) or (h) for the immediately preceding compliance deadline

.
1. In addition, the vehicle may not be replaced and th e number of limited

mileage agricultural vehicles in the agricultural f leet, as established in
section 2025 (m) (6)(A) above, shall be reduced by one

. (F) A merger

of two or more agricultural fleets having designat ed limited mileage vehicles may not result i n more designated limited mileage vehicles after theB-41 merger occurs than the sum of the total limited mileage vehicles from each individual agricultural fleet included in the merge r.
(7) Requirements for low

- mileage agricultural vehicles

(A) The maximum num ber of low

- mileage agricultural vehicles in each agricultural fleet shall be established by the numb er of low

- mileage vehicles in the agricultural fleet as of January 1, 2009, as reported in section
2025 (r)(1 5 ) . This number shall not increase.

(B) A low

- m ileage agricultural vehicle may be replaced with an other vehicle if the replacement vehicle is equipped with an engine that is at least one model

year newer

than the engine in the vehicle being replaced , and provided the original vehicle is scrapped, rende red inoperable, or sold out of the agricultural fl eet. This requirement d oes apply to engine replacements

. (C) When a low

- mileage agricultural vehicle is replaced, the sum o f the miles accrued on the original vehicle in that calendar ye ar, up to the time of replacement, plus the mileage accrued on the replac ement vehicle for the remainder of the calendar year (beginning with the date of replacement) must remain below the mileage t hreshold established in section 2025 (d) (45 )

. (D) Beginning January 1, 2023, a ll low

- mileage agricultural vehicles must comply with the best available control technology (BACT) r equirements of
section 2025 (f)

. (E) Irrespective of section 2025 (m) (7)(A) a vehicle that formerly met the low

mileage agricultural vehicle definition, but w hose use increases above the mileage thresholds established in section 2025 (d)(4 5 ) , must immediately meet the requirements of section 2025 (f) or (h) for the immediately preceding compliance deadline. The vehicle may not be replac ed in the future with a

su bstitute low

- mileage agricultural vehicle, and the number of low

- mileage agricultural vehicles in the agricultural fleet, as established in section
2025 (m) (7)(A) above, shall be reduced by one.

(F) A merger of two or more agricultural fleets having designa ted low

- mileage vehicles may not result in more designated low

- mileage vehicles after the

merger occurs than the sum of the total low

- mileage vehicles from each individual agricultural fleet included in the merge r.
(G) Until January 1, 2017, an agricultura l fleet owner may change the status of a
low

- mileage vehicle to a limited

- mileage vehicle provided the vehicle
continues to meet the definition of a limited

- mileage vehicle. The low

mileage vehicle may not be replaced and the number of low

- mileage agricul tural vehicles in the agricultural fleet, as establ ished in section
2025 (m) (7)(A) above, shall be reduced by one

(8) (10) (13) Requirements for specialty agricultural vehicles

(A) Specialty agricultural vehicles, as defined in section 2025(d)(6 9 ) (53) , are exempt from the requirements of sections 2025(f) an d 2025(g),

, (g) , and (h) until January 1, 2023.B-42

(B) The Executive Officer will approve a vehicle as qualifying as a specialty agricultural vehicle under the following conditions :
1. The total number of specialty agricultural vehic les operating in the San Joaquin Valley Air Basin does not exceed 1,100, and

2. The total number of specialty agricultural vehic les in the state does not exceed 2,200.

(C) If more vehicles are reported than allowed by t he limits, the Executive Officer will randomly approve one vehicle per eligible flee t until all fleets have one approved vehicle, then randomly approve another veh icle for the remaining eligible fleets until they all have one more vehicl e approved. Vehicles will continue to be approved in this manner until the li mits have been met. Vehicles reported by March 31, 2010 will be given p riority should the limits identified in section 2025(m)(B) above be exceeded.

(D) All vehicles with the body types described in s ection 2025(d)(69 ) (53) that have not been approved must meet the requirements o f section 2025(e) or the agricultural provisions of section 2025(m).

1. In such an instance, the agricultural fleet oper ator shall be notified in writing by the Executive Officer that the reported vehicle is not eligible as a specialty agricultural vehicle.

(E) A fleet that replaces an agricultural specialty vehicle will not affect the number of approved specialty vehicles in the fleet so long as the replacement vehicle meets the specialty vehicle body type and u se requirements.

( 11 ) (14) Optional Phase in for Log Trucks

Beginning January 1, 2012, fleets with log trucks a s defined in section 2025(d)(39) may opt to have the log trucks in the fleet comply by meeting all of the requirements as set forth below in lieu of meeting the requirements in sections 2025(g) or 2025(i).

(A) Fleet owners may phase in 2010 model year emiss ion equivalent engines according to the compliance schedule shown in Table 6 7

. (B) If the calculated number of engines in each mod el year group required to be brought into compliance with the percentage limits is not equal to a whole number, the owner shall round up to a whole number when the fractional part of the required number of engines is equal to or gr eater than 0.5, and round
down if less than 0.5.

(C) The number of log trucks and qualifying agricul tural vehicles cannot exceed the number of vehicles in the fleet as of January 1 , 2009.

(D) The total number of qualifying log trucks canno t increase from one year to
the next.

(E) Fleets utilizing the log truck provision must c omply with the reporting requirements of section 2025(r) for all log trucks.B-43

(F) Qualifying log trucks may not utilize any of th e credits of section 2025(j) or any of the extensions or exemptions of section 2025 (p).

(G) The remaining vehicles in the fleet other than log trucks, must comply with the requirements of section 2025(e).

Table 6 7 : Reported Percent of Log Trucks that Must have 2010 Model Year Emissions Equivalent

Compliance
Deadline as of January 1 Percent of Total

Fleet Complying
with BACT

2011 0%
2012 0%
2013 0%
2014 10%
2015 20%
2016 30%

2017 40%
2018 50%
2019 60%
2020 70%
2021 80%
2022 90%
2023 100%

( 9) (1 2 ) (15) Labeling Requirements for Agricultural Vehicles an d Log Trucks

(A) Within 30 days of the reporting date, fleet own ers must permanently affix or paint an AG identification label on each vehicle that utilizes the agricultural provision of section 2025(m) low

- mileage, limited

- mileage, and specialty agricultural ve hicle

, and log truck reported in the fleet according to the following specification:
1. The letters AG shall be white block lettering on a black background. Both letters shall be at least three inches high on a five by eight inch background,

2. The label shall be located in clear view on the left and right door of the
vehicle and be in clear view at all times.

(n) Requirements for Two-Engine Sweepers

(1) Two-engine sweepers with auxiliary engines 50 hp o r greater must comply with section 2025(e). The propulsion engine is required to meet PM BACT and to upgrade to a 2010 model year emission equivalent en gine. The auxiliary engine isB-44

required to meet PM BACT when the propulsion engine is required to meet PM BACT or be 2010 model year emissions equivalent.

(1) Two

- engine sweepers must comply with section 2025(e) and must meet PM BACT on the auxiliary engine, 50 hp or greater, when the propulsion engine is required to meet PM BACT according to the compliance option cho sen under section 2025(f),
section 2025(g ) or 2025(h).

(2) Regardless of fleet size, two-engine sweepers m ay not operate any Tier 0 auxiliary engine, 50 hp or greater, more than 450 hours per y ear starting January 1, 2010 until January 1, 2014 and no more than100 hours per year thereafter.

(3) Labeling Requirements for Two-Engine Sweepers w ith Tier 0 Auxiliary Engines

(A) Within 30 days of the reporting date, fleet own ers must permanently affix or paint an SW identification label on each two engine sweeper in the fleet if using BACT percentage li mits or fleet averaging upon reporting according to the following specification:

1. The letters SW shall be white block lettering on a black background. Both letters shall be at least three inches high on a five by eight inch background. ; and

2. The label shall be located on the left and right door of the vehicle and
be in clear view at all times.

(o) Requirements for a New Fleet and Adding Vehicles to a Flee t Change in Status of an Existing Fleet

(1) New Fleet Requirements . Owners of new fleets must meet the requirements of section 2025(e) immediately upon purchasing vehicle s subject to the regulation or bringing such vehicles into the State of California for the first time after January 1, 2011 January 1, 2012 . New fleets meeting the requirements of sections 2025(h) or 2025(i) 2025 (g) or (h) must report vehicles subject to the regulation to ARB within 30 days of purchasing or bringing such v ehicles into the State, in accordance with the requirements in section 2025(r)

. (2) Change in Status of an Existing Fleet

(A) Adding Vehicles to an Existing Fleet. If a fleet does not meet the BACT requirements of section 2025(f)

, before Unless the vehicle is a 2007 model year engine or newer that meets PM BACT, B b efore a the fleet may operate a newly added vehicle in service

, or operate a vehicle that was previously reported as non-operational, in California, it must within 30 days of adding
the vehicle

, within 30 days of adding the vehicle, file a report with the Executive Officer that it has added a new vehicle, and the Executive Officer shall approve the vehicle for service operation upo n the fleet demonstrating
demonstrate demonstrate that the fleet, as newly constituted, complies with the requirements of sections 2025(o)(2)(A)

, (B) , and (C) below. The fleet
shall file the report to the Executive Officer within 30 days of adding the
vehicle. If the vehicle added can comply by meeting PM BAC T, the vehicle may be operated within the 30 days prior to receiving Executive OfficerB-45 approval for the purpose of having the vehicle’s exhaust te mperature data logged.

(B) Removing Vehicles from an Existing Fleet . If an existing fleet does not meet the requirements of section 2025(f) or 2025(g) when a vehicle is removed from the fleet, it must file a report with the Exec utive Officer that it has removed a vehicle and demonstrate that the fleet, a s newly constituted, will comply with the requirements of sections 2025(o)(2) (C)1 and 2 within 30 days of removal of the vehicle.

(C) Compliance Requirements for an Existing Fleet that has Changed Status
(A) 1. A fleet owner who elects to utilize the phase-in o ption BACT percentage limits option of section 2025(g) (i) may not add or remove vehicles that cause the percentage calculated for the fleet to fa ll below the percentage required for the previous compliance dat e. (B) A fleet owner who elects to utilize the fleet aver aging requirements of
section 2025(h) may not add vehicles that cause the fleet t o exceed the fleet average target rates for the immediately prec eding compliance
deadline.
( C) 2. Until January 1, 2017, the The addition of vehicles with 2007 or newer through 2009 model year engines need not be reported until the next compliance date unless;

1. a. the addition will cause a fleet to increase its si ze to greater than three vehicles or, a fleet with three or fewer vehicles changes to a
fleet with four or more or

, 2. b. a fleet is utilizing the relief credit for fleets that have downsized
retired vehicle credit of section 2025(k) (i)(5)

. (D) The addition of vehicles with 2010 model year or newer engines that meet PM BACT need not be reported until the next co mpliance date;

(p) Exemptions and Extensions Exemptions, Compliance Extensions , and Credits

(1) Vehicles used Exclusively in the NOx Exempt Are as
Vehicles with a GVWR greater than 26,000 lbs that a re operated exclusively in NOx exempt areas are exempt from meeting the 2010 M odel Year Emissions Equivalent requirement.

(A) The fleet may utilize the BACT schedule specifi ed in Table 2 to comply and must meet PM BACT when the requirement for other ve hicles is to meet the 2010 Model Year Emissions Equivalent requirement. N o reporting is required for fleets that choose the labeling option unless s uitable VDECS is not available. Alternately, the fleet may utilize the delayed phase in option in section 2025(i).

(B) Vehicles that do not comply with the requiremen ts of the BACT schedule in Table 2, are subject to the electronic tracking and reporting requirements ofB-46 section 2025(r)(16)(A)2, unless the fleet chooses t o label the vehicles by permanently affixing or painting an identification label on each vehicle

a. The letters NE shall be white block lettering on a black background. Both letters shall be at least three inches high on a five by eight inch background.

b. The label shall be located on the left and right door of the vehicle and
be in clear view at all times.

(C) Fleet owners utilizing this exemption must comp ly with the reporting and record keeping requirements of section 2025(r) and (s).

(D) Vehicles operating exclusively in NOx exempt ar eas may travel outside of the designated NOx exempt areas only for repairs or other services to the
vehicle. The vehicle owner must obtain a work order from the facility that
describes the service and it must show the date of the service and the location of the facility.

A fleet owner may be granted an extension to a comp liance deadline if:

(1) Exemption

f rom Meeting NOx

BACT

. Upon providing documentation demonstrating compliance with the conditions listed below in paragraphs (A) through (D) , t he Exe cutive Officer will exempt the vehicles identified in those paragraphs from meeting NOx BACT in sections 2025 (f) or (g) , or the NOx fl eet average in section 2025 (h) . If an exemption is granted , all such vehicles affected
will continue to be subject to mee ting PM BACT in section s 2025 (f) or (g) , or the
PM fleet average in section 2025( h) and the record keeping and reporting requirements of this regulation.

(A) A vehicle that meet

s the definition of NOx mileage exempt vehicle, as
defined in section 2025( d)(5 8 )

, prior to January 1, 202 1

. I f a n emergency support v ehicle is used both for emergency operation as
defined in section 2025 (d )(27) , and for other purposes, the owner do es not
need to consider the hours of operation or the mileage the vehicle accrue s whe n used for emergency operations in a compliance year

, in determining
whether the vehicle meets the definition of a NOx mileage exempt vehicle for that compliance year

. (B) A vehicle that operates solely in the NOx exempt areas defined in section (d) (5 5 ) pr ior to January 1, 202 1

. A NOx

- exempt vehicle is allowed to travel
outside of the NOx

- exempt area only for repairs or other service to the
vehicle

. The vehicle owner must obtain a work order from the facility that
describes the service and shows the date o f the service and location of the facility.

(C) Schoolbuses

as defined in section 2025 (d)(6 7 )

. (D) Motorcoaches as defined in section 2025 (d) (4 9 ) prior to January 1, 2017.

(E) Early compliance a ction. If a fleet owner installs the highest level VDECS f or PM on one or more vehicles before January 1, 2010, the owner is exemptB-47 from the NOx BACT requirements of sections 2025(f), the NOx BACT percent limits of section 2025(g) and the NOx fleet averaging requirements of
section 2025(h) until January 1, 2014 for each vehicle that has been retrofitted early.

(2) Exemption for Cab

- O ver

- E ngine T ruck T ractor s

. Upon providing documentation demonstrating compliance with the conditions listed below in paragraphs (A) through (E) , the Executive Officer will not require t he type of vehicle listed in paragraph (A) to be replaced in order to meet the fleet’s NOx BACT prior to January 1, 2018

, but the fleet owner will still be required to include the vehicle in
the fleet if complying using the BACT percentage limits of sectio n 2025 (g) or the fleet averaging option of section 2025 (h) :
(A) T he vehicle is a truck

- tractor where the cab sits over the engine on the
chassis and it is used exclusively to pull 57 foot trailers

(B) T he PM performance requirement for the vehicle has been met and,

(C) T he engine installed in the vehicle is at least a 2004 model year NOx emissions equivalent and

, (D) O n the compliance date, all vehicles in the fleet th at do not qualify for the exemption under this section have met the requirements of sectio n 2025 (e) and,

(E) The law limiting the total length of a combination v ehicle to 65 feet as described in section 35401(a) of the California Vehicle Code has not been
amended prior to January 1

, 20 1 0 to increase the length restriction

.

(1) Exemption for 1997 and Older Model Year Engines in Vehicles with a GVWR
Greater th a n 26,000 lbs Operating Exclusively in NOx Exempt Area s
Fleets having v ehicles with a GVWR greater than 26,000 lbs with mo del year engines 1997 or older that operate exclusively in the NO x exe mpt areas as defined in section (d) (4 5 ) may optionally have the vehicles meet PM BACT and upgrade to being 2010 model year emissions equivale nt pursuant to the schedule
set forth in Table 7 below

. (A) If the option is selected, t he vehicles will be sub ject to the electronic tracking reporting requirements of section 2025(r)(16)( A ) 2

, unless the fleet chooses to label the vehicles as described in section 2025( p )(1)( B ) below. F leet owners utilizing this exemption must comply with the reporting and record keeping requirements of section 2025( r ) and (s)

. No reporting is required for fleet s that choose the label ing option unless suitable VDECS is not available

. (B) Fleets using this exemption are allowed to have the vehicles travel outside of the NOx exempt area only for repairs or other services to the veh icle. The
vehicle owner must obtain a work order from the fac ility that describes the
service and it must show the date of the service and the location of the facility.B-48 1. Optional Labeling Requirements fo r Vehicles Operating Exclusively in the NOx Exempt Areas

– Fleet owner s electing this option must affix or paint an NE identification label on each vehicle that operates exclusively in the NOx exempt areas according to th e following specification:

a. The l etters NE shall be white block lettering on a black background. Both letters shall be at least three i nches high on a five by eight inch background.

b. The label shall be located in clear view on the lef t and right door of
the vehicle and be in clear view at all times.

Table 7: NOx Exempt Area Compliance Schedule

Compliance Deadline, as of January 1 Existing Engine Model Year BACT Requirements

2012 1998

- 2000
2013 2001

- 2004
2014 2005 and newer

2015 1993 and older

2016 1994

- 1995

2017 1996

- 1997 PM BACT

2021 2004 and older

2022 2005

- 2006
2023 All vehicles Replace with 2010 engine or equivalent
emissions

( 2 ) (1) Unique Vehicle Extension - The fleet owner may apply for and the Executive Officer will grant a single one year extension from the requirement to upgrade to a 2010 model year emissions equivalent engine if by J anuary 1, 2014, a VDECS is
not available for the current vehicle and a used vehicle or suitable cab and chassis that performs a similar function with a 2010 emissi ons engine equivalent is not
available

. and the highest level VDECS for PM has been installed

. (3) Provisions for

Unique Vehicles

. Upon providing documentation demonstrating that

a vehicle meets the definition of a uniqu e vehicle as defined in section
2025 (d) (7 4 )

, the Exe cutive Officer will not require the vehicle to be replaced in
order to meet NOx BACT prior to January 1, 20 2 1

, but the fleet owner will still be required to include the vehicle in the fleet if com plying using the BACT percentage limits of section 2025(g) o r the fleet averaging option of section 2025(h).

(4) ( 3 ) (2) Exemption for Low-Use Vehicles

(A) Low-use vehicles are exempt from the requiremen ts of section 2025(e)(1) but the owner must keep records and meet the reporting requirements in accordance with sections 2025(r)(12) and (s). To be considered a low-use vehicle, the fleet owner must submit engine operati on data from a properly functioning odometer or hubodometer and non-resettable hour- meter unlessB-49 they have a three day pass . Low-use vehicles need not be included when determining compliance with the phase-in options of section 2025(h) and 2025(i). BACT percent limits of section 2025 (g) or when calculating fleet average indices and target rates for the fleet averaging option of
section 2025 (h)

. (B) Vehicles used both as an emergency support vehi cle as defined in section 2025(d)(2 7 ) (23) , and for other purposes, do not need to consider t he hours of operation or mileage the vehicle accrues w hen used for emergency operations in determining whether the vehicle meets the definition of a lowuse vehicle. If the vehicle meets the low

- use definition of a low-use vehicle
in section 2025(d)(4 7 ) (40) , it is exempt from the requirements of section 2025(e)(1) , but it is subject to the requirements of section 2025(p)(4 ) (3) for
low-use vehicles.

(C) Vehicles that formerly met the low-use vehicle definition, but whose use
increases to 100 PTO hours per year or greater or whose mileage increase s to 1,000 miles or greater, must immediately meet th e requirements of section 2025(f) or (g)

, (g) or (h) for the immediately preceding compliance deadline unless it takes advantage of one of the ex emptions listed in section 2025(p).

(5) ( 4 ) (3) Exemption for Vehicles Operating with a Three Day Pass

(A) Until January 1, 2021, a fleet that obtains a t hree-day pass for a vehicle will be allowed to operate one vehicle per calendar year in California without complying with section 2025(e) for the specified th ree day period per calendar year.

(B) A three-day pass must be obtained from the Executi ve Officer either online, email, or by fax. Prior to operating within Califo rnia, the fleet must obtain written approval from the Executive Officer, which must be carried within the
vehicle. The request for a three-day pass shall be filed wi th the Executive Officer at least seven days prior to the vehicle’s planned use in entry into California. The request must identify the initial date the vehicle that an out

of

- state vehicle that does not meet the compliance requirements of t his regulation will be traveling within the state, the name of the fleet owner, the state or country issuing the license plate of the v ehicle, the license plate number, and the vehicle identification number. The Executive Officer will make every effort to respond to the request within three business days from the receipt of the request. The Executive Officer shall grant the request so long as it is the first request made by the fleet i n the calendar year. If the Executive Officer fails to respond to the request b y the date of the vehicle’s planned entry into the state, the vehicle may enter and operate in California for the requested three-day period, but if the vehi cle’s operator fails to present documentation to ARB enforcement personnel, upon request, that it has filed a request for a three-day pass and qualif ies for operating in the state, the fleet may be cited and subject to penalt ies.B-50

(C) Fleets using a three day pass must comply with the reporting requirements of section 2025(r).

(B) To obtain a three

- day pass, a reques t to the Executive Officer, identifying the
date that an out

- of

- state vehicle will be making a one

- time annual visit to the state, the vehicle owner, company name, and vehicle identification number

. and must obtain written approval, which must be car ried within the vehicle

. , prior to operating in the state.

(C) A three

- day pass must be obtained from the Executive Office r either online, email, or by fax. The Executive Officer will have t hree business days to respond from receipt of the request.

(6) ( 5 ) (4) Exemption for Vehicles Awaiting Sale – Vehicles in the possession of dealers, financing companies, or other entities tha t do not intend to operate the
vehicle in California or offer the vehicle for hire for operation in California, and that are operated only to demonstrate functionality to p otential buyers or to move short distances while awaiting sale for purposes such as maintenance or storage, are exempt from all requirements in section 2025.

(7) ( 6 ) (5) Exemption for Vehicles Used Solely on San Nicolas o r San Clemente
Islands - Vehicles used solely on San Nicolas or San Cleme nte Islands are exempt from all requirements in section 2025. If t he land use plans for the islands are changed to allow use by the general public of t he islands, this exemption shall no longer be applicable.

( 8 ) Credit for Hybrid Vehicles

(A) Prior to January 1, 2018

, upon presentation of proper documentation, t he Executive Officer shall grant a n owner credit , as set forth in (B) below, towards compliance with the fleet average for us ing hybrid vehicles defined
in section 2025 (d)(4 2 ) if t he owner can demonstrate that the manufacturer has improved the fuel economy of the hybrid vehicle by at least 20 percent compared to a diesel vehicle of the same model year that performs a similar
fun ction and has a similar configuration to that of the hybrid vehicle.

(B) Upon approval by the Executive Officer, the fleet s hall receive for each compliance year prior to 2018 , a credit that double counts the number of hybrid vehicles in the fleet that may be used to calculate the PM and NOx
indices and target rates for the percent limits requirements of section 2025 (g)
and for the fleet averaging option of section 2025 (h)

. The emissions factor from Appendix A will be based on the engine model year or stan dard to which the engine was certified.

(9) Credit for Alternative Fuel Vehicles

– Upon presentation of proper documentation, the Executive Officer will grant a fleet credit for using vehicles equipped with alternative fuel or heavy

- duty pilot ignition eng ines

, in calculating the NOx and PM fleet averages under section 2025(h). Upon approva l, t he fleet is allowed to use
the NOx emission factor for the engine model year to which the alternative or heavy

- duty pilot ignition engines have been certified in cal culating the NOx index
and zero for the PM index

.B-51

(10) ( 7 ) (6) Compliance Extension for Emissions Control Device M anufacturer Delays :

- An owner who has purchased, but has not received, a VDECS, a replacement engine, or vehicle in order to comply with this reg ulation will be excused from immediate compliance if the VDECS or vehicles have not been received due to manufacturing delays as long as all the conditions below are met:

(A) Except for VDECS purchased to replace a failed or damaged VDECS, the fleet owner who has purchased the VEDCS or vehicle or has entered into contractual agreement with the seller for the purch ase, at least 4 months prior to the required compliance date; in the case of VDECS replace a failed or damaged VDECS, the fleet owner has purchased, or has entered into contractual agreement with the seller for the purch ase within 60 days of the
VDECS failure.

(B) The owner has identified the vehicle to be equi pped with the VDECS or replaced upon receipt of the replacement VEDCS or v ehicle.

(C) Proof of purchase, such as a purchase order, do wn payment, or signed contract for the sale, including specifications for each VDECS, must be maintained by the owner and provided to an agent or employee of ARB upon request.

(D) The new or retrofitted vehicles are immediately placed into operation upon receipt and any replaced vehicles are removed from service within 30 days.

(E) Proof of the date that the new or retrofitted v ehicles were placed into service and proof of the date that any replaced vehicles we re removed from service.

(11) ( 8 ) (7) Extension of the PM BACT Compliance Deadline Based on Unavailability of Highest Level VDECS

. - If an engine that is required to meet PM BACT cannot be equipped with the highest level VDECS for PM, th e Executive Officer may grant a one-year extension of the compliance deadline, wh ich may be extended annually through January 1, 2017, based on an evaluation of information submitted pursuant to section 2025(r)(11) that the engine can not be equipped with the highest level VDECS for PM provided that all other engines in the fleet are in compliance with the PM BACT requirements for the compliance year. By January 1, 2018, any vehicle that is not equipped w ith the highest level VDECS for PM must be replaced with a vehicle that is 2010 mod el year emissions equivalent
or have one that complies with the BACT compliance schedul e which would be a 1998 model year engine or newer equipped with the h ighest level VDECS for PM. its engine replaced with one that is equipped with the highest le vel VDECS for PM. This includes auxiliary engines in two engine sweep ers.
(12) ( 9 ) (8) Change in Exemption Status. - A fleet owner of a vehicle that formerly qualified for any of the compliance extensions or e xemptions granted in section 2025(n) or 2025(p) but whose status has changed so that it no longer meets the applicable definition, must immediately bring the f leet into compliance with requirements of section 2025(f) or 2025(g) , (g), or (h) for the immediately preceding compliance deadline, and must notify the Executive Officer of the change in status within 30 days from the date of th e change.B-52

(q) Special Provisions for VDECS and Experimental Diese l Emission Control Strategies

(1) VDECS Requirements

(A) VDECS Installation . Before installing a VDECS on a vehicle, the owne r must ensure that:

1. The VDECS is verified for use with on the engine and vehicle, as described in the Executive Order for the VDECS.

2. Use of the vehicle is consistent with the condit ions of the Executive
Order for the VDECS.
3. The VDECS is installed in a verified configurati on. 4. The engine to be retrofitted must be in its orig inal certified configuration, free of excess oil consumption, must not have malfu nctioning fuel delivery systems, or any other mechanical condition that may impair the proper function of the VDECS. meets engine manufacturer’s specifications for installation of the VDECS.

5. The VDECS label will be visible after installati on.
(B) VDECS Maintenance . If a fleet owner installs a VDECS to meet the requirements of section 2025(e), the VDECS must rem ain installed until the VDECS fails or is damaged or is replaced with a sim ilar or higher level VDECS. Requirements for VDECS failure or damage ar e in section 2025(q)(2). The owner of a vehicle retrofi tted with a VDECS must ensure that the VDECS and engine are properly maint ained as recommended by the respective manufacturers.

(2) Failure or Damage of a VDECS.

In the event of a failure or damage of a diesel emi ssion control strategy, the following conditions apply:

(A) Failure or Damage During the Warranty Period. If a VDECS fails or is damaged within its warranty period, and the VDECS m anufacturer or authorized dealer determines that it cannot be repa ired, the owner must replace the VDECS with the same level or higher lev el VDECS for the vehicle within 90 days of the failure.

(B) Failure or Damage Outside of Warranty Period. If a VDECS fails or is damaged outside of its warranty period and cannot b e repaired, and if the fleet could not meet an applicable target for the m ost recent compliance date without the failed VDECS, then within 90 days of th e failure, the owner must replace the failed VDECS with the highest level VDE CS available for the engine at time of failure.

(3) Fuel-Based Strategy VDECS.

(A) If a fleet owner determines that the highest le vel VDECS for a large percentage of the fleet would be a level 2 fuel ver ified as a diesel emissionB-53 control strategy, and implementation of this VDECS would require installation of a dedicated storage tank, then the owner shall r equest prior approval from
the Executive Officer to allow use of the level 2 f uel-based strategy across its
fleet.

(B) Waiver for Discontinuation of Fuel Verified as a Diesel Emission Control Strategy. If a fleet owner has relied upon a fuel verified as a diesel emission control strategy to meet an applicable requirement and has to discontinue use of the fuel due to circumstances beyond the fle et owner’s control, the fleet owner shall apply to the Executive Officer no later than 30 days after discontinuing use of the fuel for a compliance waiv er of up to two years to provide the fleet owner time to return to complianc e with the applicable requirements. The Executive Officer shall respond to the request within 30 days and grant the request upon finding that the application is complete, outlines the compliance strategy to be used, and th at all reporting requirements have been met.

(4) Use of Experimental Diesel Emission Control Strateg ies

(A) If a fleet owner wishes to use an experimental or non-verified diesel emission control strategy to support the verification of a n on-verified diesel emission control strategy, the owner must first obtain appro val from the Executive Officer for a compliance extension. To obtain appr oval, the owner must demonstrate either that (1) a VDECS is not availabl e or not feasible for their vehicle or application, or (2) that use of the non- verified strategy is needed to generate data to support verification of the strate gy. 1. The application must include the following: emis sions data and a detailed description of the control technology that demonstrates that the experimental control strategy achieves at least a l L evel 2 diesel PM emission reduction, vehicle and engine data, and od ometer or
hubodometer readings as described in sections 2025(r)(8), 2025( r)(9), and 2025(r)(12)(B).
2. The Executive Officer will treat the strategy as a: a. Level 2 VDECS if the application demonstrates th at the strategy achieves at least 50 percent reduction in diesel PM

. b. Level 3 VDECS if the application demonstrates th at the strategy achieves at least 85 percent reductions in diesel P M.

3. If the application demonstrates that the strategy achieves a NOx
reduction of over 15 percent, the NOx reduction will be counted.

(B) Upon approval by the Executive Officer, each ve hicle engine retrofitted with the experimental strategy will be allowed to operat e for a specified time period necessary to make a determination that the e xperimental strategy can achieve the projected emissions reductions. The ve hicle equipped with the experimental strategy will be considered to be in c ompliance under section 2025(f) or 2025(g)

, (g) , or (h) during the specified time period. TheB-54 fleet owner shall keep documentation of this use in records as specified by
the Executive Officer.

(C) The fleet owner must bring the fleet into compl iance under section 2025(f) or 2025(g)

, (g)

, or (h) prior to the expiration of the experimental diesel emission control strategy extension.

(5) VDECS That Impairs Safe Operation of Vehicle - A fleet owner may request that
the Executive Officer find that a VDECS should not be considered the highest level
VDECS available because: (A) it cannot be safely installed or operated in a particular vehicle application, or (B) its use woul d make comp liance with occupational safety and health requirements, or an ongoing local air distric t permit condition impossible.

(A) It cannot be safely installed or operated in a particular vehicle application; or

(B) Its use would make compliance with occupational safety and health requirements, federal highway safety regulations, o r an ongoing local air district permit condition impossible.

If a VDECS manufacturer states that there is no saf e or appropriate method of mounting its VDECS on the requesting party’s vehicl e, then the VDECS will not be
considered safe. In the absence of such a declarat ion by the VDECS manufacturer, the requesting party shall provide ot her documentation to support its
claims.

Documentation may include published reports and oth er findings of federal, state or local government agencies, independent testing l aboratories, engine manufacturers, or other equally reliable sources. The request will only be approved if the requesting party has made a thoroug h effort to find a safe method for installing and operating the VDECS, including v arious locations for VDECS mounting, and use of an actively regenerated VDECS. The Executive Officer shall review the documentation submitted and any other re liable information that he or
she wishes to consider and shall make his or her de termination based upon the totality of the evidence.

Upon finding that a VDECS cannot be installed witho ut violating the safety standards prescribed under title 8, CCR by the Cali fornia Department of Industrial Relations, Division of Occupational Safety and Heal th, or comparable federal or state health and safety laws where the vehicle operates, or federal highway saf ety laws, the Executive Officer shall issue a determination t hat there is no highest
level VDECS available. The Executive Officer shall inform the requesting party, in writing, of his or her determination, within 60 day s of receipt of the request.

Parties may appeal the Executive Officer’s determin ation as described in (A) (C) and (B) (D) below. During the appeal process described in (A) (C) and (B) (D) below, the requesting party may request the adminis trative law judge to stay compliance until a final decision is issued. If th e stay is granted and the Executive Officer denies the requesting party’s request, the requesting party has six months
from the date of the Executive Officer’s final writ ten decision to bring his or her fleet back into compliance.B-55

(A) (C) Appeals – Hearing Procedures
1. Any party whose request has been denied may requ est a hearing for
the Executive Officer to reconsider the action take n by sending a request in writing to the Executive Officer. A req uest for hearing shall include, at a minimum, the following:
a. name of the requesting party;
b. copy of the Executive Officer’s written notifica tion of denial;

c. a concise statement of the issues to be raised, with supporting facts, setting forth the basis for challenging the denial (conclusory allegations will not suffice);
d. a brief summary of evidence in support of the st atement of facts required in c. above; and
e. the signature of an authorized person requesting the hearing
2. A request for a hearing shall be filed within 30 days from the date of
issuance of the notice of the denial.
3. A hearing requested pursuant to this section sha ll be heard by a qualified and impartial hearing officer appointed b y the Executive Officer. The hearing officer may be an employee of the ARB, but may not be any employee who was involved with the denia l at issue. In a request for reconsideration, the hearing officer, a fter reviewing the request for hearing and supporting documentation pr ovided under paragraph 1.d. above, shall grant the request for a hearing if he or she finds that the request raises a genuine and substan tial question of law
or fact.
4. If a hearing is granted, the hearing officer sha ll schedule and hold, as soon as practicable, a hearing at a time and place determined by the hearing officer.
5. Upon appointment, the hearing officer shall esta blish a hearing file. The file shall consist of the following:
a. the determination issued by the Executive Office r which is the subject of the request for hearing;
b. the request for hearing and the supporting docum ents that are submitted with it;
c. all documents relating to and relied upon by the Executive Officer in making the initial determination to deny the req uesting party’s original claim; and
d. correspondence and other documents material to t he hearing.
6. The hearing file shall be available for inspecti on by the applicant at the office of the hearing officer.
7. An applicant may appear in person or be represen ted by counsel or by any other duly-authorized representative.B-56 8. The ARB may be represented by staff or counsel f amiliar with the regulation and may present rebuttal evidence.
9. Technical rules of evidence shall not apply to t he hearing, except that relevant evidence may be admitted and given probati ve effect only if it is the kind of evidence upon which reasonable perso ns are accustomed to relying in the conduct of serious affairs. No a ction shall be overturned based solely on hearsay evidence, unless the hearsay
evidence would be admissible in a court of law unde r a legally recognized exception to the hearsay rule.
10. Declarations may be used upon stipulation by th e parties.
11. The hearing shall be recorded either electronic ally or by a certified shorthand reporter.
12. The hearing officer shall consider the totality of the circumstances of the denial, including but not limited to, credibility o f witnesses, authenticity and reliability of documents, and qualifications of experts. The hearing officer may also consider relevant past conduct of the applicant including any prior incidents involving other ARB p rograms. 13. The hearing officer’s written decision shall se t forth findings of fact and conclusions of law as necessary.
14. Within 30 days of the conclusion of a hearing, the hearing officer shall submit a written proposed decision, including propo sed finding as well as a copy of any material submitted by the hearing participants as part of that hearing and relied on by the hearing office r, to the Executive Officer. The hearing officer may recommend to the E xecutive Officer any of the following:
a. uphold the denial as issued;
b. modify the denial; or
c. overturn the denial in its entirety.

15. The Executive Officer shall render a final writ ten decision within 60 working days of the last day of hearing. The Execut ive Officer may do any of the following based on substantial evidence in the record:
a. adopt the hearing officer’s proposed decision;
b. modify the hearing officer’s proposed decision; or c. render a decision without regard to the hearing officer’s proposed
decision.

(B) (D) Appeals – Hearing Conducted by Written Submission.

In lieu of the hearing procedure set forth in A (C) above, an applicant may request that the hearing be conducted solely by wri tten submission. In such case the requestor must submit a written expla nation of the basis for the appeal and provide supporting documents within 20 days of making the request. Subsequent to such a submission the f ollowing shall transpire:B-57 1. ARB staff shall submit a written response to the requestor’s submission and documents in support of the Executive Officer’s action no later than 10 days after receipt of the requestor’s submission ; 2. The applicant may submit one rebuttal statement which may include supporting information, as attachment(s), but limit ed to the issues previously raised;
3. If the applicant submits a rebuttal, ARB staff m ay submit one rebuttal statement which may include supporting information, as attachment(s), but limited to the issues previously raised; and
4. The hearing officer shall be designated in the s ame manner as set forth in section 2025(q)(5)(A) (C) (3) above. The hearing officer shall receive all statements and documents and submit a proposed written decision
and such other documents as described in section 20 25(q)(5)(A) (C) (13) above to the Executive Officer no later than 3 0 working days after the final deadline for submission of papers. The Ex ecutive Officer’s final decision shall be mailed to the applicant no later than 60 days after the final deadline for submission of papers.

5. The Executive Officer shall render a final writt en decision within 60 working days of the last day of hearing. The Execu tive Officer may do any of the following:
a. adopt the hearing officer’s proposed decision;
b. modify the hearing officer’s proposed decision; or c. render a decision without regard to the hearing officer’s proposed
decision.

(r) Reporting Requirements

(1) The owner of a fleet is subject to reporting requi rements for the vehicles in the fleet as defined in section 2025(d)(28) if the owne r has elected to utilize the phasein option of section 2025(g)(3) and (4), 2025(f)(3) , 2025(h) or 2025(i), the credit for early PM retrofits, hybrid vehicles, and alternativ e fueled vehicles of section 2025(j), the agricultural provisions of section 202 5(m), two-engine sweeper provision of section 2025(n), and the exemptions an d extensions provisions of section 2025(p). Fleets utilizing the relief for f leets that have downsized provided in section 2025(i)(5) must report information for a ll vehicles with a GVWR greater than 26,000 lbs in the 2006 baseline fleet and in t he fleet for each compliance year. Except as required in section 2025(k)(5), sc hool buses are not required to comply with the reporting requirements.

(1) The owner of a fleet is subject to the reporting r equirements of section 2025(r) for
the vehicles in the fleet as defined in section 2025(d)( 34) if the owner has elected to utilize the BACT percent limits option of sectio n 2025(g), the fleet averaging option of section 2025(h), the optional requirements for small fleets of section 2025(i), the retired vehicle credit provision of se ction 2025(k) , the special provisions and compliance extensions of section 2025(p), or the agricultural provisions of section 2025(m).B-58

(2) All fleet owners utilizing any of the credits i n section 2025(j) or any of the exemptions or extensions in section 2025(p) exempti ons, compliance extensions,
or credit in section 2025 (p) must report according to and comply with the requirements of section 2025(r) and maintain record s according to section 2025(s)
for all of their vehicles in the fleet as defined i n section 2025(d)(34) (28).

, regardless of whether the vehicle is utilizing of the special provisions or not

. (3) The owner of a fleet that has elected to comply complies by using the BACT compliance schedule set forth in sections 2025(f) and 2025(g) and also utilizes the low-use vehicle provision of section 2025(p)(3) is not subject to the only required

to reporting follow the reporting requirements of section 2025(r) for the low-use vehicles meeting the definition in section 2025(d)( 40).

(4) Fleet owners may submit reporting information u sing forms (paper or electronic) approved by the Executive Officer.

(5) The fleet owner must notify the Executive Offic er in writing by the first applicable reporting date and by January 31 of every subsequen t compliance year, if applicable, with the name of the responsible official and the location where the records will be kept, and whether any information h as changed since its last reporting . If the records will be kept outside California, the owner must also comply with section 2025(t). I f a fleet owner opts to comply with fleet averaging requirements of section 2025(h) separately for different divisions or subsidiaries according to section 2025 (e)(5) , then the company or agency may report separately for the different portions of the fleet

. (6) Each year, fleet owners subject to the reportin g requirement must report on their fleet as it was on January 1 the compliance date of the current compliance year. They must submit the applicable information set for th in sections 2025(r)(5) through ( 14) (10) by January 31 following of each compliance date year . Owners must report annually until the reporting requiremen t expires or fleets may stop reporting the year after the BACT requirements of section 20 25(f) and 2025(g) have been completely met. Fl eets may submit information by mail or electronically.

(7) Owner Contact Information : Compliance reports must include the following
information: in (A) through (M) below.

(A) Fleet owner’s name, ;
(B) Name of company or agency, ;
(C) Motor carrier identification number, ;
(D) Corporate parent name (if applicable), ;
(E) Corporate parent taxpayer identification number (if applicable), ;
(F) Company taxpayer identification number, ; (G) Street address and mailing address, ;
(H) Name of responsible person, ;B-59

(I) Title of responsible person, ;
(J) Contact name, ;
(K) Contact telephone number, ;
(L) Contact email address (if available),

. ; and

(M) License number issued by the Public Utilities C ommission (if applicable).

(8) Vehicle Information

Fleet owners must provide to the Executive Officer a list of all vehicles subject to the reporting requirements along with the informati on listed in (A) through ( P ) (R)
below for each vehicle:

(A) Vehicle type, ;
(B) Whether the vehicle is a schoolbus, agricultural vehicle, log truck, as defined
in section 2025 (d)(6 7 ) that transports pupils, a motorcoach, truck-tractor, shuttle vehicle, two-engine sweeper, or yard truck;

(C) If the vehicle was added after January 1, 2012, the D d ate the vehicle was
added or first reported, ; or retired

, (D) Date that a vehicle was retired, sold, or scrap ped after January 1, 2012;

(D) (E) Vehicle identification number, ;
(E) (F) Vehicle manufacturer, ;
(F) (G) Vehicle model; ;
(G) (H) Gross vehicle weight rating;

(H) (I) Vehicle model year, ;
(I) (J) License plate number, ;
(J) (K) Where t T he state, providence, or country where the vehicle is or was registered and type of registration plate;

(K) (L) Whether the vehicle will be designated as a low-us e vehicle and if so:
1. For vehicles designated as low

- use, fleet ow ners must report the The information listed in section 2025(r)(12). ; 2. Report w

W hether the low-use status is based on mileage or ho urs of operation. ; 3. Whether the vehicle has PTO for performing work in stationary mode. ; (L) 4. Whether the vehicle is used as an emergency supp ort vehicle as defined in section 2025(d)(23) ; and, if so,

1 a . For low

- use or mileage exempt vehicles used in emergency operations, fleet owners must report t T he information listed required in section 2025(r)(16). ;B-60

(M) Whether the vehi cle is a sweeper, specialty agricultural vehicle , cab

- over

engine truck tractor, or unique vehicle as defined in section s 2025 (n) and
2025 (p) ;
(N ) (M) Whether the vehicle is a fuel efficient hybrid vehicle as defined in section 2025(d)( 4 2 ) (31)

. ;
(O ) ( N) Whether the vehicle is propelled by an alternative -fueled engine as defined in section 2025(d)(9) (8)

. ;
(P ) (O) Fuel type. ;
(P) Does the fleet contain more that three vehicles subject to the regulation with a GVWR greater than 14,000 lbs; and

(Q) Whether the vehicle is a log truck utilizing th e Optional Phase in for Log Trucks provision in section 2025(m)(11).

(9) Engine Information Reporting

Except as provided in section 2025(r)(13)(A) below, T t he following information for each engine that propels a vehicle reported per sec tion 2025(r)(8) and for each sweeper engine that operates auxiliary equipment mu st be reported to the
Executive Officer:

(A) Engine manufacturer, ;
(B) Engine model, ; (C) Engine family except if reporting information a bout vehicles in the 2006 baseline fleet that are no longer in the fleet;

, (D) Engine serial number, ; and

(E) Engine model year, ;
(F) Whether the engine meets an on-road or off-road emissions standard, ; (G) Whether the engine is used to propel the vehicl e or to operate auxiliary equipment, ; and

(H) The emissions standard to which the engine was certified if lower than required for the engine model year.

(10) Verified Diesel Emission Control Strategies Reporti ng

. Except as provided in section 2025(13)(A) below, F f or each VDECS that is installed on an engine listed per section 2025(r)(9 ), the fleet owner must report the following information to the Executive Officer. :
(A) T ype Description of VDECS installed, ;
(B) VDECS manufacturer, ;
(C) VDECS family name, ;
(D) Serial number, or experimental part number, or aftermarket part number, ; andB-61

(E) Date installed.

(11) Availability of

Reporting for Extension for Unavailability of Highest Level VDECS

If appropriate, the following information must be s ubmitted to the Executive Officer with a request for an extension based on the unavailabil ity of highest level VDECS:

(A) Owner contact information, vehicle, and engine information listed in sections 2025 (r)(7), (8), and (9). ;
(B) Description of the reason for the compliance ex tension request for each engine or engine-vehicle combination. ; (C) If the VDECS would void the engine warranty, pr ovide a statement from the engine manufacturer or authorized engine or vehicle dealer. ;
(D) If no verified VDECS is commercially available, provide a list of
manufacturers that have been contacted and the manu facturers’ responses to a request to purchase. ; and

(E) Documentation must be submitted on January 31 f ollowing the compliance deadline for each year that the owner is claiming n on-availability of the highest VDECS.

(12) Low-Use Vehicles Reporting

For vehicles that are designated as low-use, the fl eet owner must report the following information to the Executive Officer annu ally for as long as the fleet owns or operates the vehicle:

(A) Owner, vehicle, and engine information identifi ed in sections 2025 (r)(5) through (9);

(B) Mileage from odometer readings from a properly functioning odometer or
hubodometer taken on January 1 and December 31 of the complianc e year. ;
(C) If the vehicle has power take off, H h our-meter readings from a properly functioning non-resettable hour-meter taken on January 1 and December 31 of the compliance year. ;
(D) The dates of the odometer or hubodometer and non-resettable hour-meter readings. In the event that the odometer or hubodo meter meter is replaced, the original odometer or hubodometer reading and the new odometer or
hubodometer reading and the date of replacement must be reporte d within 30 days of replacing the odometer or hubodometer. In the event that the hubodometer is removed, the hubodometer reading and the odometer reading on the day of removal;

(E) The owner of a vehicle operating both inside an d outside of California must provide records from a electronic tracking system a s defined in
section 2025 (d)(26) (21) that can acquire date, time, engine-on, and locatio n data. The owner may use other documentation of ope ration and location,
such as IRP records.B-62

(13) Fleet

s Claiming Vehicle

Retirement Credit

Relief Credit for Fleets that have Downsized Reporting

Fleets requesting credits under section 2025(i)(5) for fleets that have downsized must report the following:

(A) The information required in sections 2025(r)(5) through (9) for all vehicles in
the 2006 baseline fleet. Information about vehicle s registered on October 1, 2006 that are no longer in the fleet do not have to report engine and VDECS information required in sections 2025(r)( 9) and (10).

(B) The information required in sections 2025(r)(5) through (10) for all vehicles in the fleet in the applicable compliance year that we re registered or have been certified as non-operational with the California De partment of Motor Vehicles equivalent agency in another state.

(A) By March 31 , 2010, f leets requesting vehicle retirement credit s must report
the i nformation requir ed in sections 2025 (r) (5) through (9) for all vehicles in
the fleet that were registered on July 1, 2008. Beginning 2011 and every year thereafter until 2014, the reporting date shal l be January 31.

(14) Schoolbus Fleets or Sub

- Fleets

(A) For schoolbus f leet or sub

- fleets that comply using the PM BACT percentage
limits of section 2025 (g) or the PM fleet averaging of section 2025 (h)(3) or any of the special provisions in section 2025 (p)

, the schoolbus fleet owner must report the information required in sec tion 2025 (r) , except for the information required under subsections 2025 (r)(12)(C)

, (r)(12)(E) or (r)(16)(C)

. (15) (14) Agricultural Fleet Reporting Vehicles in Agricultural Fleets Until January 1, 2023, fleet owners of all agricult ural vehicles that will utilize the provisions of section 2025(m) that are owned as of January 1, 2009, must report the following information to the Executive Officer by March 31, 2011 and every January 31 thereafter:

For all vehicles owned as of January 1, 2009, an agricultural f leet owner must report the information in this section to the Executive Officer for all vehicles ( including vehicles that do not qualify as agricultu ral vehicles) by March 3 1, 2010

. For subsequent years, the reporting date shall be January 31

. F or each v ehicle in an agricultural fleet , the agricultural fleet owner must report the following
information until January 1, 2023 :
(A) Information required in sections 2025)(r) (5) t hrough(9). ;
(B) Whether the vehicle is a specialty agricultural vehicle or a log truck;

(B) Whether the vehicle is a low

- mileage, limited

- mileage , or specialty agricultural vehicle, or is none of these.

(C) Whether the vehicle will operate as a low

- mileage or limited

- mileage vehicle should it not qualify as a specialty agricultural v ehi cle.B-63

(D) (C) Whether the vehicle is being added or deleted to t he fleet and the date of
that the addition or deletion occurred. ;
(E) (D) The vehicle body type if one of the four body type s described in the definition of specialty agricultural vehicle in section 2025(d)(6 9 ) (53)

. ;
(F) (E) If eligible to be considered for the specialty veh icle exemption, the priority status of the vehicle in case not all specialty veh icles in the fleet can be approved. ;
(G) (F) Whether the specialty vehicle will operate exclusi vely outside the San Joaquin Valley Air Basin. ;
(H) (G) Whether the vehicle is operated for compensation o utside a farming
business owner’s farm. ;
(I) (H) Mileage from a properly functioning odometer or hu bodometer taken on January 1, 2011 2010 and every January 1 thereafter. In the event that the
odometer or hubodometer is replaced, the fleet owner shall report the original
odometer or hubodometer reading, the new odometer or hubodometer reading, and the date the original odometer or hubodometer was replaced. ; and

(J) (I) For a low, limited, or specialty an agricultural vehicle being replaced the owner, vehicle, and engine information set forth in sections 2025(r)(5) through (10), the mileage of both the vehicle being replaced and added, and the date the mileage readings were taken.

(16) (15) Vehicles used as emergency support vehicles in emer gency operations.

A fleet owner must provide the following informatio n to the Executive Officer to qualify a vehicle’s usage as emergency operation:

(A) Owner, vehicle, and engine information identifi ed in sections 2025(r)(5) through (10);

(B) Odometer or hubodometer readings from a properly functioning odometer or
hubodometer to document use at an emergency event and to docume nt travel to and from the emergency event. In the eve nt that the odometer or
hubodometer meter is replaced, the fleet owner shall report the original
odometer or hubodometer reading and the new odometer or hubodometer reading and the date of replacement that the original odometer or hubodometer was replaced must be reported . Vehicles used exclusively for emergency use that are not authorized emergency veh icles do not need to have an hour meter and do not need to report hours. Authorized emergency vehicles are exempt per section 2025(c); and

(C) Records to document dispatch by the local, stat e, or federal agency or other responsible emergency management entity as approved by the Executive
Officer.B-64

(17) (16) Vehicles Exempt from NOx BACT

. Reporting of Vehicles Utilizing the Exemption and Extensions Provision

(A) Exemption

B ased on E

arly A ction. Unless stated otherwise in section 2025(p), f F leet owners utilizing the exemption and extensions provision of section 2025(p) must provide the following informat ion to the Executive Officer by January 31, 2012:

The owner must provide the following information to the Executive Officer by March 31

, 20 1 0

. 1. Owner, vehicle, and engine information listed in sections 2025(r)(5) through (9). ; and
2. Information listed in section 2025(r)(10) for th e VDECS.

(B) NOx Mileage E

xempt V ehicles

. The owner must provide the following information to the Executive Officer by January 31 of the compliance year to demonstrate compliance with the requirements of section 2025 (p)(1).

1. Owner, v ehicle, and engine information listed in sect ions 2025 (r)(5) through (11).

2. Mileage and hours of use readings on January 1 and December 31 of the compliance year taken from a properly functioni ng odometer and
hour

- meter for vehicles meeting the definition of sectio ns 2025(d) (58) (A) or (B) and milea ge only readings for vehicles meeting the definitions of 2025(d) (58) (C) or (D). The owner must keep on record the mileage and usage records to meet the re cord keeping requirements of section 2025 )(s)

. (C) (A) Vehicles Operating Exclusively in NOx-exempt areas.

The owner must provide the following information to the Executive Officer by January 31 of each compliance year to demonstrate c ompliance with the requirements of section 2025(p)(1):
1. Owner, vehicle, engine information, and VDECS li sted in sections 2025(r)(5) through (11) (10) ;

. 2. For vehicles that are not labeled, R r ecords from an electronic tracking system that tracks usage and location in a monthly report format approved by ARB. The system must at a minimum meet the requirements as defined in section 2025(d)(26) (21) and provide the
information listed therein.

. A fleet may use a n alternative method to demonstrate compliance if approved by the Executive Officer

. 3 . Whether the vehicle is labeled as specified in section(p)(1)(B)

.

(D) (B) Unique Vehicle Extension Unique Vehicles

.B-65 The owner must provide the following information to the Executive Officer by January 31 of each compliance year to demonstrate c ompliance with the requirements of section 2025(p)(3) (2)

. 1. Owner, vehicle, and engine information listed in sections 2025(r)(5) through (11) (10)

. 2. Photos and a complete description of the vehicle and its function.
3. A complete explanation of why the vehicle qualif ies as a unique vehicle.
4. Names and phone numbers of sources contacted dur ing the search for a replacement vehicle.
5. Letters from contacted VDECS vendors stating tha t retrofit technology is unavailable for the unique vehicle.

(E) (17) Two Engine Sweepers

The owner must provide the following information fo r both the propulsion and auxiliary engine to the Executive Officer by March 31, 2010 to demonstrate compliance with the requirements of section 2025(n) :

.
1. (A) Owner, vehicle, and engine information listed in s ections 2025(r)(5) through (11). ;

2. (B) Engine tier level of the auxiliary engine, model y ear, and engine family
number. ; and

3. (C) For Tier 0 auxiliary engines, the hours of use rea dings taken January 1 and December 31 of each year staring starting 2010.

(18) Vehicles Purchased or Retrofitted Using Public Fund s.
For owners of vehicles that were purchased , repowered or retrofitted using public funds and where funding program guidelines include criteria which limit funding projects from receiving regulatory benefit or credi t, are used to determine compliance with the requirements o f this regulation, the fleet owner must provide the following information to the Executive Officer for all vehicles that were purchased or retrofitted using public funds:

(A) Owner, vehicle, and engine information listed i n sections 2025(q ) (r) (5) through (11);

(B) Date the public funding contract began;

(C) Program providing the funding; and

(D). Information about the contract terms to determ ine eligibility.

(19) Vehicles Requesting a Three Day Pass Information listed in sections 2025(r)(7) and (8) m ust be provided for all vehicles requesting a three day pass.

(18) (20) Compliance Certification . All reports submitted to ARB, must be accompanied with a certification signed by a respon sible official or a designee thereof that the information reported is accurate a nd that the fleet is in complianceB-66

with the regulation. If a designee signs the compl iance certification, a written statement signed by the responsible official design ating the designee must be attached to the compliance certification and submit ted to the Executive Officer.

(19) (21) Changes Since Last Reporting – The fleet owner or responsible person must report to the Executive Officer any additions, deletions, or changes to the fleet since the last annual report filed. Such cha nges shall include, among other things, changes in the fleet’s compliance option, v ehicles removed from the fleet, vehicles added to the fleet through purchase or by bringing into California, and vehicles newly defined as low-use, or recently repo wered or retrofitted. If there are no changes, the fleet owner shall indicate ther e have been no changes.

(20) (22) New Fleet Reporting . New fleets that elect to utilize the phase-in op tion of section 2025(i) BACT percent limits option of section 2025 (g) or the fleet averaging option of section 2025 (h) must submit the information in section 2025(r)(5) through (9) to the Executive Off icer within 30 days of purchasing or bringing such vehicles into the State. Beginnin g the first January 1 that is more than 30 days after the date of purchase or bringing a vehicle into the State, new fleets must comply with the reporting requirements in section 2025(r).

(21) (23) Claiming Compliance Extension for Manufacturer Del ays
The fleet owner must provide the following informat ion to the Executive Officer by January 31, each year to demonstrate compliance wit h the requirements of section 2025(p)(1 0 ) (7) :
(A) The date of purchase or the date the contractua l agreement for purchase of VDECS, replacement engine, or vehicle was entered, ;
(B) The date the VDECS or vehicle was placed into s ervice, ; (C) The date the existing vehicle was removed from service. ; and

(D) Identification of the vehicle that was replaced

. (24) Reporting for Fleets using Credits for Early PM Retrofits, Early Addition of Newer Vehicles, Hybrid Vehicles, Alternative Fueled Vehic les, and Vehicles with HeavyDuty Pilot Ignition Engines

For fleets claiming credits of section 2025(j), the fleet owner must provide the following information about the vehicles prior to J anuary 1, 2014:

(A) Owner, vehicle and engine information listed in sections 2025(r)(5) through (9) for the vehicle that was retrofit.

(B) Information listed in section 2025(r)(10) for t he VDECS.

(C) Fleets claiming credit early addition of newer vehicles, in addition for the information required in (A) and (B) above, informat ion listed in section 2025(r)(5) through (9) for all vehicles in the 2006 baseline fleet must also be reported.

(25) Reporting for Fleets Complying using section 2 025(g) with Vehicles that meet PM BACT prior January 1, 2014B-67

For fleets complying using the BACT compliance opti on of section 2025(g), the fleet owner must provide the following information about the vehicles that meet PM BACT prior to January 1, 2014:

(A) Owner, vehicle and engine information listed in sections 2025(r)(5) through (9).

(B) Information listed in section 2025(r)(10) for t he VDECS.

(26) Reporting for Small Fleets

For fleets complying using the phase-in option for small fleets of section 2025(h), the fleet owner must provide the following informat ion about all vehicles in the fleet;

(A) Owner, vehicle and engine information listed in sections 2025(r)(5) through (9).

(B) Information listed in section 2025(r)(10) for t he VDECS.

(s) Record Keeping.

(1) The owner of a fleet shall maintain the followi ng records specified in sections 2025(s)(4) through (14) (15) as applicable. The owner shall provide these records to an agent or employee of the ARB within f ive business days upon request. If the records will be kept outside Califo rnia, the owner must also comply with section 2025(t).

(2) The owner of a fleet subject to the reporting r equirements of section 2025(r) shall maintain copies of the information reported under s ection 2025(r), as well as the records described in sections 2025(s)(5) (4) through (14) below.

(3) Motor Carrier or Broker

(A) Bills of lading and other documentation identifying the motor carrier or broker who hired or dispatched the vehicle and the vehicle dispatched.

(4) (3) School Buses Schoolbus Fleets and Sub

- Fleets

(A) Th e owner of a schoolbus fleet or a schoolbus sub

- fleet shall maintain copies of the information reported under section 2025 (r) (14) and the records specified in section 2025 (s) as applicable.

(A) Fleet owners of school buses shall maintain rec ords of all the information specified in sections 2025(r)(7) through 2025(r)(10 ).

(B) Fleet owners using the downsize credits of sect ion 2025(k)(2) must maintain records of all the information specified in section s 2025(r)(7) through 2025(r)(10) for all vehicles in the 2006 baseline f leet and for all buses in the fleet on January 1 of the compliance year that were registered. Information about vehicles registered on October 1, 2006 that a re no longer in the fleet do not have to report engine and VDECS information required in sections 2025(r)(9) and (10).B-68

(C) Fleet owners using the PM credits for replaceme nt buses of section 2025(k)(4) must maintain records of all the informa tion specified in sections 2025(r)(7) through 2025(r)(10) for all the buses th at were replaced with buses receiving the credit and the buses to be trea ted as compliant.

(E) Fleet owners with low-use buses must maintain r ecords of all the information specified in section 2025(r)(12) for each low-use b us.
(F) Fleet owners must comply with record keeping re quirements for VDECS failures and maintenance as required in sections 20 25(s)(10) and (14).

(4) Motor Carrier or Broker

(A) Bills of lading and other documentation identif ying the motor carrier or broker who hired or dispatched the vehicle and the vehicle dispatched.

(5) Agricultural Fleets

(A) Fleets utilizing the agricultural fleet provisi on must keep and make available upon request proof that all agricultural vehicles w ere used exclusively in agricultural operations. This may include records used to support proof to other governmental agencies that the primary busine ss function was agricultural. Such documentation may include IRS o r Board of Equalization tax forms or bills of lading.

(B) Records must be maintained for each agricultura l vehicle demonstrating that the vehicle was operational, functional and capable of performing the duty for which it was designed. This could include maintena nce records, mileage records, or licensing records, emissions testing re cords, or any other source of data approved by the Executive Officer.

(C) The agricultural fleet owner must keep bills of lading for delivery of fertilizer or crop protection products by an agricultural vehi cle to a farm. Such records must demonstrate that the operation of the vehicle for the preceding calendar year was used exclusively to deliver such products to farms.

(D) Proof of transference of ownership of any low o r limited

- mileage qualifying agricultural vehicles that is added to or removed from the fleet.

(E) Proof of ownership of the vehicles including ti tle, registration, or bills of sale.

(6) Proof of Operation – Owners of fleets must keep records showing that any vehicle used to demonstrate compliance using the phase-in o ptions of section 2025(h) and section 2025(i) was under sectio n 2025 (g) or section 2025 (h) operated in California for that applicable compliance year. Re cords could include IRP records, GPS tracking records, or DMV or law enforcement per mits.

(7) Fleets that have Downsized Claiming Retirement Credit – Fleets utilizing the relief for fleets that have downsized provision of section 2025(i)(5) claiming retirement
credit as defined in 2025 (k) must keep the following records at the business off ice or terminal location identified in the reports file d with the Executive Officer:

For all vehicles in the fleet on October 1, 2006 a,B-69

(A) Copy of the retired vehicle’s registration; or

(B) Copy of the vehicle’s ownership documentation.

(C) Copy of the bill of sale showing the date the transaction occurred of the
retired vehicle or

any form of vehicle transference approved by the
Executive Officer

. (D) All documentation related to any change in business form such as a change from a sole proprietorship to partnership, p artnership to corporation, etc.

For all vehicles in the fleet on January 1 of the c ompliance year:

(C) A copy of the certificate of non-operation file d with the Department of Motor Vehicles or equivalent documentation from the state, providence, or country where the vehicle is registered.

(D) If scrapped, a copy of a nonrepairable vehicle certificate issued from the California Department of Motor Vehicles or equivale nt documentation from the state, providence, or country where the ve hicle is registered; or

(E) If not registered with the California Departmen t of Motor Vehicles, proof
that all retired vehicles in the fleet drove at lea st 1,000 miles in California in the year 2006.

(8) Changes Since Last Reporting Period – Document any additions, deletions, or changes to the fleet since the last reporting. Doc umentation may include bills of sale, purchase orders, or other documentation.

For each vehicle removed from the fleet, a copy of the bill of sale, or other documentation showing transference of ownership fro m the former owner and the
current owner and the date of the transaction or an y other form of vehicle transference approved by the Executive Officer.

(9) Electronic Tracking – For fleets using electronic tracking systems as defined in section 2025(d)(26) (21) summary and detailed records must be kept at the
business office or terminal location for the fleet. The records must provide;

(A) Vehicle identification number of the vehicle be ing tracked;

(B) Monthly and annual mileage accrued in Californi a;
(C) Monthly and annual mileage accrued in the NOx E xempt Areas if claiming the vehicle operates exclusively in NOx-exempt area s, and

(D) Monthly and annual hours of engine operation ac crued in California except for vehicles that do not use PTO to perform work in a stationary mode.

(10) VDECS Failure

– Maintain records of any VDECS failure and replac ement including:

. (A) Date of failure;

(B) Description of failure;

(C) Description of resolution of failure; andB-70

(B) Date of resolution of failure.

(11) Fuel-based Strategy – Documentation of any approval from ARB Executive Of ficer to use a fuel strategy as in section 2025(q)(3) and the most recent two years’ worth of records of purchase that demonstrate usage

. (12) Experimental Diesel Emission Control Strategy – For fleets using an experimental diesel PM control strategy, record of approval from the Executive Officer for use of the experimental diesel control strategy, the test plan and test data used in the experimental diesel control strategy application, a nd other records as specified in the approval.

(13) Manufacturer Delay – For any vehicle or VDECS for which the fleet owne r is utilizing the equipment manufacturer delay provisio n in section 2025(p)(10), proof of purchase, such as a purchase order or signed con tract for the sale, including engine specifications for each applicable piece of equipment or vehicle.

(14) Maintenance of VDECS Records

(A) VDECS Documentation. For each engine requiring a VDECS to comply with the regulation, the owner shall keep the following documentation in the vehicle and provide it upon request to an agent or employee of the ARB. : 1. A statement signed by the installer at the time of installation of the VDECS affirming that the installation was performed by an VDECS was installed by an authorized installer authorized by the VDECS manufacturer; and

, providing the following information for each engine :

2. a. The name of the person installing the device, ;

3. b. The date the device was installed, ;

4. c. T ype Description of VDECS installed, ;

5. d

. VDECS Manufacturer;

6. e

. VDECS family name, ;

7. f

. Serial number of installed VDECS

, ; and
8. g. Its verification Verification level and year of verification of the
installed VDECS

. (15) Emergency Support Vehicles – Fleet owners of emergency support vehicles utilizing the provisions of section 2025(p)(1) or 2 025(p)(3) shall keep records to document dispatch by a local, state, or federal age ncy or other responsible emergency management entity as approved by the Exec utive Officer.

(t) Audit of Records

The vehicle owner must make records available to AR B at its request for audit to verify the accuracy of the records. In the event the recor ds are not made available within 30 days of the request, the ARB may assess penaltie s for non-compliance.B-71

(u) Record Retention

The fleet owner or responsible person shall maintai n the records for each vehicle subject to the reporting and record keeping require ments of sections 2025(r) and (s) for 3 years after it is retired, and for the overall fl eet, for as long as the owner has a fleet, or January 1, 2025, whichever is earlier. If fleet ow nership is transferred, the seller shall transfer the fleet records to the buyer. Dealers m ust maintain records of the disclosure of regulation applicability required by section 202 5(w) for three years after the sale.

(v) Right of Entry

For the purpose of inspecting vehicles subject to t his regulation and their records to determine compliance with this regulation, an agent or employee of ARB, upon presentation of proper credentials, has the right t o enter any facility (with any necessary safety clearances) where vehicles are located or ve hicle records are kept.

(w) Disclosure of Regulation Applicability Any person residing in California selling a vehicle with an engine subject to this regulation must provide the following disclosure in writing to the buyer on the bill of sale, sales contract addendum, or invoice, “An on-road heavy-duty diesel or alternative-diese l vehicle operated in California may be subject to th e California Air Resources Board Regulation to Reduce Particulate Matter and Criteri a Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It therefore could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissio ns of air pollutants. For more information, please visit the California Air Resour ces Board website at http://www.arb.ca.gov/dieseltruck.”

(x) Compliance Requirement.

(1) The vehicle owner shall comply with all applica ble requirements and compliance schedules set forth in this regulation.

(2) Any in-state or out-of-state motor carrier, Cal ifornia broker, or any California resident who operates or directs the operation of a ny vehicle subject to this regulation shall verify that each hired or dispatch ed vehicle is in compliance with the regulation and comply with the record keeping r equirements of section 2025(s)(4)

. (3) Compliance may be accomplished by keeping on si te at the business location, a copy of the Certificate of Reported Compliance with the In-Use On-Road Diesel Vehicle Regulation for each fleet, or in the vehicl e

. (4) Any contract that a lessor and lessee enter int o that has an effective date of January 1, 2010 or later shall clearly specify whet her or not the leased vehicle is to
be excluded from the lessor’s fleet for the duratio n of the lease, or the responsibility will be that of the lessee.B-72

(y) ARB Certificate of Reported Compliance
After the required reporting and compliance certifi cation are received by ARB staff, ARB will provide the fleet with a Certificate of Report ed Compliance with the In-Use On-road Diesel Vehicle Regulation. ARB staff will also pos t on the website for this regulation the
name and motor carrier number for fleets that have reported compliance.

(z) Non-Compliance.

Any person who fails to comply with the general req uirements of this regulation, who fails to submit any information, report, or stateme nt required by this regulation, or who knowingly submits any false statement or representa tion in any application, report, statement, or other document filed, maintained, or used for the purposes of compliance with this regulation may be subject to civil or cri minal penalties under sections 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, and 43016, of the Health and Safety Code. In assessing penalties, the Executive Officer will consider factors, including but not limited to the willfulness of the violation, the le ngth of time of noncompliance, whether the fleet made an attempt to comply, and the magnit ude of noncompliance.

(aa) Severability
If A a ny subsection, paragraph, subparagraph, sentence, c lause, phrase, or portion of this regulation is, for any reason, held invalid, u nconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall n ot affect the validity of the remaining portions of the regulation.

Note: Authority Cited: Sections 39600, 39601, 396 50, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2., 42 410, 43013, 43016, 43018, 43023, 43600, California Health and Safety Code. R eference: Sections 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 40717.9, 43013, 43016, 43018, 43023, 43600, and 437 01(b), California Health and Safety Code.B-73 APPENDIX A

Table A

- 1

PM Emissions Factors by Engine Model Year

(g/mile)

Engine Certification
Standard Model Year Medium Heavy

- Duty Diesel Vehicle (MHD) Heavy Heavy

- Duty Diesel Vehicle (HHD)

Pre

- 1991 1.65 3.36

1991

- 1993 0.8 4 1.25

1994

- 200 6 0.4 3 0.81

2007

- 2009 

### * 0.06 0.11

2010 and newer 

### * 0.0 6 0. 11

* If the engine is not equipped by the manufacturer with a diesel particulate filter, use
the emission factor for the 1994

- 2006 model years

Table A

- 2

NOx Emissions Factors by Engine Model Year (g/mile)

Engine Certification
Standard Model Year Medium Heavy

- Duty Diesel Vehicle (MHD) Heavy Heavy

- Duty Diesel Vehicle (HHD)

2003 and older 14.2 22.0

200 4

- 2006 6.7 12.0

2007

- 2009 4.0 7. 0

2010 and newer

0

. 8 1.6