(Adopted June 16, 2000) (Amended June 7, 2002)(Amended June 6, 2003) (Amended July 9, 2010)

RULE 1193. CLEAN ON-ROAD RESIDE NTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES

(a) Purpose For solid waste collection fleets operating in the South Coast Air Quality Management District (District), this ru le requires public and privat e solid waste collection fleet operators to acquire alternative-fuel re fuse collection heavy-duty vehicles when procuring or leasing these vehicles for use by or for governmental agencies in the South Coast Air Quality Management District (Distric t) to reduce air toxic and criteria pollutant
emissions.

(b) Applicability This rule applies to government agencies that operate so lid waste collection fleets with 15 or more solid waste collection vehicles and private fleet operators that provide solid
waste collection services to governmental agencies. This rule shall not apply to: (1) solid waste collection vehicles where th e combined total of government operated solid waste collection vehicles and priv ate fleet operated solid waste collection vehicles providing solid waste collection services to the government agency is fewer than 15 vehicles, (2) vehicles used by a private solid waste collection fleet operator that provide services to a governmental agency not requiring a contract or franchise agreement, (3) transfer vehicles owned by, and operated at , a privately-operated transfer station,
and (4) vehicles or services pursu ant to subdivision (g).

(c) Definitions For purposes of this rule, the following definitions shall apply: (1) ALTERNATIVE-FUEL HEAVY-DUTY VE HICLE means a heavy-duty vehicle or engine that uses compressed or liquefi ed natural gas, liquefied petroleum gas,

1193-1Rule 1193 (Cont.) (Amended July 9, 2010)

methanol, electricity, fuel cells, or other ad vanced technologies th at do not rely on
diesel fuel. (2) APPROVED CONTROL DEVICE(s) is an exhaust control device(s) that is verified or certified by CARB to re duce particulate matter and possibly other precursor emissions. For the purposes of this rule, a new heavy-duty vehicle equipped with approved control devices m eans that the engine family has been certified by CARB. A pre-owned hea vy-duty vehicle equipped with approved
control devices means that the device has b een verified or cert ified by CARB. To be considered fitted with an approved control device(s), all diesel exhaust from
the vehicle must be vented through such a device(s) that has been fitted at the time of vehicle purchase or fitted by a certified device installer at the time the device is delivered to the operator. (3) BACKUP VEHICLE means a solid waste collection vehicle, rolloff vehicle, or
transfer vehicle that is not an alternative-fuel, dual-fu el, or pilot ignition heavyduty vehicle, and is driven fewer than 1,000 miles annually. (4) CONTRACT means an agreement between a private solid waste collection fleet operator and a governmental agency to pe rform residential or commercial solid waste collection services, in which the contractor’s compensation for providing services, or a formula for determining co mpensation, is specified. Any option to renew the contract or automatic renewal that extends the contract performance period shall be considered a new contra ct and shall meet the requirements in subdivision (d). (5) DUAL-FUEL HEAVY-DUTY VEHICLE me ans a heavy-duty vehicle equipped with a diesel engine that uses an altern ative fuel (such as compressed or liquefied natural gas, liquefied petroleum gas, meth anol, or other advan ced technologies) in
combination with diesel fuel to enable compression ignition. A dual-fuel engine typically uses the alternative fuel to s upply 85 percent of the total engine fuel requirement on a BTU basis. A dual-fuel engine must be certified by CARB to meet an applicable optional nitrogen oxi de or combined nitrogen oxide plus nonmethane hydrocarbons exhaust emission standa rd and be fitted with an approved
control device that achieves a particulate matter emissi ons reduction level no less stringent than the particulate matter em issions reduction level achieved by the latest CARB verified or certified particulate matter control device for the applicable engine family operating entirely on diesel fuel.

1193-2Rule 1193 (Cont.) (Amended July 9, 2010)

(6) EQUIPMENT BREAKDOWN means any malf unction to an alternative fuel solid waste collection vehicle subject to this rule, including a traffic accident, which causes the vehicle to operate in an unsafe or unusable manner. (7) FRANCHISE AGREEMENT is considered a contract as defined in paragraph (c)(4), regardless of any provi sion that specifies a rate structure, provided that the franchise agreement sets a limit on the number of private waste collection fleet operators that can provide waste collection services or the governmental agency limits the number of franchise agreements issued to private waste collection fleet operators. (8) GOVERNMENTAL AGENCY includes any state, regional, county, city, or governmental department or agency, and any special district , such as, but not limited to water, air, sanitation, transit, and school districts. (9) HEAVY-DUTY VEHICLE means any vehicl e having a gross vehicle weight of at least 14,000 pounds. (10) PILOT IGNITION HEAVY-DUTY VEHI CLE means a heavy-duty vehicle equipped with an engine designed to operate using an alternative fuel as defined in paragraph (c)(1), except that diesel fuel is used for pilot ignition at an average ratio of no more than one part diesel fu el to ten parts total fuel on an energy equivalent basis. The engine shall not operate or idle so lely on diesel fuel at any
time. (11) PRIVATE SOLID WAS TE COLLECTION FLEET OPERATOR is a person that owns, leases, or operates substantially in the District, solid waste collection, rolloff, or transfer vehicles. A person is an individual firm; limited liability company; association; partnership; or corporation or any other non-governmental agency that collects, transports, or transfer s solid waste, yard waste, or recyclable
materials. (12) PUBLIC SOLID WASTE CO LLECTION FLEET OPERATOR is a governmental agency that owns, leases, or operates substantially in the District, solid waste collection, rolloff, or transfer vehicles. (13) ROLLOFF VEHICLE mean s any heavy-duty vehicle used for the express purpose of transporting waste containers su ch as open boxes or compactors. (14) SOLID WASTE means all putrescible and nonputrescible solid, and semisolid wastes, including garbage, trash, refuse, pa per, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof,
discarded home and industri al appliances, manure, vegetable or animal solid and

1193-3Rule 1193 (Cont.) (Amended July 9, 2010)

semisolid wastes, and other discarded solid and semisolid wastes. Solid waste
does not include hazardous wa ste, radioactive waste, or medical waste as defined in Section 40191(b) of the Public Resources Code. (15) SOLID WASTE COLLEC TION VEHICLE means any he avy-duty vehicle used for the express purpose of collecting solid waste, yard waste, or recyclable
materials from residential or commercial establishments. A solid waste collection vehicle is a vehicle having the capability to collect solid waste using, either manual or automated, front, side or rear loaders and generally operates on fixed

routes. (16) TRANSFER VEHICLE means any hea vy-duty vehicle used for the express purpose of transferring solid waste. A tran sfer vehicle is usually a tractor/trailer
combination where the trailer is loaded at a processing or transfer station. (17) VEHICLE means any self-propelled, motorized device that is permitted to operate on public roads through Depart ment of Motor Vehicle re gistration or the federal government.

(d) Fleet Requirements (1) Beginning July 9, 2010, all additions to an existing fleet, or formation of a new
fleet of solid waste collection vehicles sh all be by purchase or lease of alternativefuel or pilot ignition heavy-duty vehicles , for public solid waste collection fleet operators and private solid waste collec tion fleet operators providing collection services subject to paragraphs (d)(3) or (d)(4) who have 15 or more solid waste collection vehicles or a combined total of 15 or more rolloff, transfer, or solid
waste collection vehicles. (2) Beginning July 9, 2010, all additions to an existing fleet, or formation of a newfleet, of transfer or rolloff vehicles shall be by purchase or lease of alternativefuel, pilot ignition, or dual-fuel heavy- duty vehicles when adding or replacing transfer or rolloff vehicles, for public solid waste collection fleet operators and private solid waste collection fleet operat ors providing collection services subject to paragraphs (d)(3) or (d)(4) who have a combined total of 15 or more transfer or
rolloff vehicles.

1193-4Rule 1193 (Cont.) (Amended July 9, 2010)

(3) Any governmental agency that obtains new residential solid waste collection services from private fleet operator(s) shall contract for 100 percent use of alternative-fuel or pilot ignition solid wa ste collection vehicles, rolloff vehicles, or
transfer vehicles. (4) Prior to January 1, 2020, any governmental agency that obtains new commercial
or renewed residential or commercial solid waste collection services from private fleet operator(s) shall contract for: (A) 100 percent use of alternative-fuel or pilot ignition solid waste collection vehicles, rolloff vehicles , or transfer vehicles: (i) no later than five (5) years from the date of contract service, and (ii) placing a minimum number of a lternative fuel vehicles into service in accordance to the following schedule:

Minimum Percentage Deadline
20% 1 year after initial service
40% 2 years after initial service
60% 3 years after initial service
80% 4 years after initial service
100% 5 years after initial service

OR (B) alternative-fuel, pilot ignition, or diesel solid waste collection, roll-off, or transfer vehicles. All replacement ve hicles shall meet the provisions of Paragraphs (d)(1) or (d)(2). Existing diesel powered vehicles shall be: (i) twelve (12) model years or newer, for each year from the date of
contract renewal or start date of new contract services, and (ii) equipped with a pproved control devices. (5) Vehicles that are removed from se rvice in compliance with subparagraphs (d)(4)(A) or (d)(4)(B) shall not be used in any other refuse collection service contracts, but would be allowed in any ot her refuse service if the vehicles are replacing older vehicles. (6) Notwithstanding subparagraphs (d)(4)(A) or (d)(4)(B), all vehicles used for refuse services subject to subdivision (d) shall be alternative-fueled or pilot ignition beginning January 1, 2020.

1193-5Rule 1193 (Cont.) (Amended July 9, 2010)

(7) Within 30 days upon execution of a ne w contract or rene wed contract, the governmental agency and private fleet operator under contra ct shall submit a compliance report to the Executive Officer that provides the following information, at a minimum: (A) Private Fleet Service Provider Contact Information, including (i) name of private fleet operator, (ii) street address, (iii) contact person, and (iv) telephone number. (B) Description of serv ice contract, including (i) start of service date, (ii) general description of services to be provided, and (iii) contract timeframe for ba se year, option years, and renewal provisions if applicable. (C) Inventory of refuse vehicles to begin service under a new or renewed contract, identified by: (i) application (solid waste collection, rolloff, or transfer), (ii) vehicle id entification number, (iii) license plate number, (iv) engine model year, (v) fuel type, and (vi) domicile location. (D) For renewed contracts, identif ication of rule provision, either subparagraphs (d)(4)(A) or (d)(4 )(B), and planned purchases of alternative-fuel or pilo t solid waste collection, rolloff, and transfer vehicles, to be used for rule compliance through January 1, 2020.

(e) Equipment Breakdown (1) A public or private solid waste collection fleet operator is permitted to substitute the use of a non-rule compliant backup solid waste collection, ro lloff, or transfer
vehicle if there is a breakdow n of a rule compliant vehicl e for a period lasting no longer than fourteen (14) calendar days provided that the following requirements
are satisfied: (A) a rule compliant solid waste collecti on vehicle, rolloff vehicle, or transfer vehicle is not available, and

1193-6Rule 1193 (Cont.) (Amended July 9, 2010)

(B) except for traffic accidents, the breakdown was not caused by operator error, neglect, improper operation or maintenance procedures, as determined by the Executive Officer. (2) If the vehicle breakdown will last for mo re than fourteen (14) calendar days, the public or private solid waste collection fleet operator shall submit a signed and
dated Technical Infeasibil ity Certification Request (TICR) as required under Subdivision (f) to th e Executive Officer for approval prior to th e expiration of the fourteen (14) day period, pur suant to paragraph (f)(2).

(f) Technical Infeasibility Certification Request (1) If non-rule compliant vehicles need to be temporarily used due to either: (A) delayed delivery of rule comp liant vehicles beyond the applicable compliance dates according to paragra phs (d)(3), (d)(4), and (d)(6), or (B) the availability of an alternative fuel refueling infrastructure at the time of
execution of a new contract or re newal of an existing contract, the government agency and private solid waste collection fl eet operator shall submit a signed and dated Technical Infeas ibility Certification Request (TICR) to the Executive Officer for approval at least thirty (30) days prior to the use of noncompliant vehicles. TI CRs shall demonstrate: (i) the unavailability of rule compliant vehicle(s), or (ii) the unavailability of alternative- fuel refueling infrastructure within 5 miles from where the rule compliant vehicles are domiciled or that the existing alternative fuel refueling infrastructure is not capable of refueling the a lternative fueled vehicles.
This demonstration shall consist of vehi cle purchase order(s) , expected delivery timeframe(s), and vehicle manufacturer in formation that verifies delayed delivery of vehicles; or expected timeframe for th e construction of an alternative-fueled refueling infrastructure, but no more than two (2) years from th e date of approval
of a TICR. (2) TICRs submitted pursuant to paragraph (e)(2) shall de monstrate the length of time necessary to repair the vehi cle breakdown, or if the vehi cle is rendered completely inoperable, the time to order a new rule-c ompliant vehicle or the time needed to place a rule-compliant vehicle into serv ice, beyond the initia l fourteen (14) calendar day breakdown period. At a mini mum the demonstration shall identify the vehicle undergoing repair by type and VIN, vehicle repair location, specific repairs being performed, a nd justification for period of time necessary for repair.

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(3) Pursuant to requirements contained in pa ragraphs (d)(1) or (d)(2), a TICR may be submitted to the Executive Officer to obtain approval for the purchase and use of non-rule compliant solid waste collection vehi cle(s), rolloff vehicl e(s), or transfer vehicle(s) where: (A) no rule compliant engine and chassis configuration is available commercially or could be used, or (B) dedicated vehicles are used to routinely transport solid waste into and out
of the District. (4) If a private solid waste collection fleet operator complying with the provisions of subparagraph (d)(4)(A) demonstr ates that within the fleet ’s total refuse vehicle count as provided in subparagraph (d)(4 )(A), there is a su fficient number of alternative-fueled or pilot ignition re fuse vehicles that meet or exceeds the minimum requirements in each year of the phase-in, the private solid waste collection fleet operator may request a TI CR to extend compliance of the phase-in by one year. (A) Up to two (2) one-year extensions may be granted under this request. The second request for a one-year extensi on shall be based on the requirements of the applicable year from the date of execution of the new contract or
contract renewal. (B) All vehicle purchases shall meet th e provisions of paragraphs (d)(1) or (d)(2). (C) The fleet must demonstrate full compliance by the end of the extended phase-in period by submitting a new or revised compliance report as required under subparagraph (d)(7). (5) A private fleet operator with a combined total of less than 50 solid waste collection vehicles, rolloff vehicles, or tr ansfer vehicles may obtain up to two (2) one-year extensions to extend compliance under paragraph (d)(4), if the private fleet operator demonstrates to the Execu tive Officer that th e operator does not have the financial resources to purchas e a sufficient number of rule compliance vehicles as required und er paragraph (d)(4). (6) Within seven (7) calendar days of receipt of a completed TICR submitted pursuant to paragraphs (f)(1) and (f)(2), a nd within forty-five (45) calendar days of receipt of a completed TICR submitte d pursuant to paragraph (f)(3), the Executive Officer will either approve or disapprove th e TICR in writing, indicating the reasons for disapproval. The Executive Officer shall disapprove a

1193-8Rule 1193 (Cont.) (Amended July 9, 2010)

TICR if it does not meet the demonstra tion requirements of paragraphs (f)(1), (f)(2), or (f)(3). If a TICR is disapproved by the Executive Officer: (A) The reasons for disapproval shall be given to the applicant in writing. (B) Upon receipt of a notice of a disa pproved TICR, the fleet operator shall use rule compliant vehicles pursuant to subdivision (d). (C) The fleet operator may resubmit a TICR at any time after receiving a disapproval notification, but must st ill use rule compliant vehicles pursuant to subdivision (d) until such time as the Executive Officer approves a TICR. (7) A TICR is subject to plan filing and evaluation fees as described in Rule 306.

(g) Exemptions The provisions of this rule shall not apply to the following: (1) No more than ten evaluation/test ve hicles per fleet, provi ded by or operated by
vehicle manufacturer for testi ng or evaluation, exclusively. (2) Heavy-duty vehicles not used for the express purpose of collecting solid waste
from residential or commercial establishm ents or transferring of solid waste from
a waste transfer station to a landfill. (3) Any vehicle added to or replacing a vehicl e in an existing fleet after the applicable implementation date of this rule, as specified in subdivi sion (d), as long as the purchase contract for acquisition of such vehicle is signed be fore the date of adoption of this rule. This exemption does not apply to the execution of options to acquire vehicles where the option is executed after the date of adoption of this rule and where vehicle delivery does not occur until after the applicable implementation date as speci fied in subdivision (d). (4) Notwithstanding the provisions of para graph (d)(3) and prio r to January 1, 2020, if a private solid waste collection fleet operator acquires the entire collection fleet vehicles for one or more service segm ents (such as resi dential recycling, residential garbage, commercial recycli ng or commercial garb age) from a public
solid waste collection fleet operator and contracts with that public solid waste fleet operator for those collection services , the private solid waste collection fleet operator may elect to comply with the provisions of paragraph (d)(4). (5) Vehicles contracted for solid wast e collection services provided that the
solicitation to obtain new or renewed solid waste collecti on services from private solid waste collection fleet operato rs was opened prior to June 1, 2010.

1193-9Rule 1193 (Cont.) (Amended July 9, 2010)

(6) Private fleets with a combined total number of fifteen (15) or fewer vehicles operating under a franchise agreement may el ect to comply with the provisions of paragraphs (d)(1) and (d)(2) in place of paragraphs (d)(3) and (d)(4), provided
that all non-alternative fueled vehicl es are equipped with approved control devices as defined in paragraph (c)(2). (7) When the remainder of the fleet subject to subdivision (d) consists of alternativefuel or pilot ignition heavy-duty vehicles, (A) for public or private fleets with great er than 15 but less than or equal to 50 solid waste collection, rolloff, and transf er vehicles, no more than three (3) heavy-duty vehicles that do not meet the requirements of subdivision (d) may be part of the fleet at any given time, and (B) for public or private fleets with greater than 50 solid waste collection, rolloff, and transfer vehicles: (i) no more than three (3) percen t of the solid waste collection vehicles subject to Subdivision (d) that do not meet the requirements of subdivision (d) may be part of the fleet at any given time; and (ii) no more than twenty (20) percent of the rolloff and transfer vehicles subject to Subdivision (d) that do not meet the requirements of subdivision (d) an d meet 2010 or cleaner exhaust emission standards may be part of the fleet at any given time. (C) Any vehicles subject to the provisi ons of this section shall be equipped with approved control devices if the engines do not meet 2010 exhaust
emission standards.

(h) Compliance Auditing and Enforcement (1) The fleet operator shall provide at the request of the District any files and/or records created to comply with subdivis ions (d) and (e) including fleet-specific information, such as a list of official DMV registrations, manufacturer, modelyear, model, engine family number, fuel t ype, fuel usage of each fleet vehicle, and backup vehicle annual mileage. The fleet operator shall keep all required records for a minimum of two years. (2) Any fleet operator seeking an exemp tion under subdivision (g) shall supply proof that their vehicle or fleet is exempted from this rule when requested by the
District.

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1193-11 (3) No later than December 31, 2011, any fleet operator with 15 or more, but fewer than 50 vehicles subject to subdivision (d) shall submit a letter to the Executive Officer outlining the intended s ource of alternative fuel to be used for compliance

purposes. (4) Any violation by a government agency of any provision of this rule or by a fleet operator of a contract or franchise agreement requirement for the use of alternative-fuel, pilot ignition, or dual-fuel vehicles, or the use of vehicles that are not authorized by this rule, is a violation of this rule.

(i) Severability If any provision of this rule is held by j udicial order to be invalid, or invalid or inapplicable to any person or circumstance, su ch order shall not affect the validity of the remainder of this rule, or the validity or appl icability of such provision to other persons or circumstances. In the event any of the exceptions to this rule is held by judicial order to be invalid, the persons or circumstances covered by the exception shall instead be required to comply with the remainder of this rule.