Appendix F 

Proposed Amendments to the Tractor-Trailer GHG 

Regulation 

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PROPOSED AMENDMENTS TO THE TRACTOR-TRAILER GHG REGULATION 

The proposed amendments to the Tractor-Trailer GHG regulation would provide 

additional flexibility for fleets to meet the requirements of the regulation, with minimal 

impact on the GHG benefits initially approved, consistent with the requirements of 

Assembly Bill 32. The text of the proposed amended regulation is contained in 

Appendix C. 

Staff’s main objective is to provide an opportunity for fleets that were not aware of the 

regulation to register for an optional large fleet compliance schedule, while maintaining 

a “level playing field” for those large fleets that already registered. Staff also proposes to 

ease the burden of compliance by incorporating compliance flexibility provisions within 

the rule wherever possible. 

A. Existing Regulation 

The current regulation requires fleets operating in California to utilize tractors and 

trailers that are either SmartWay certified or retrofitted with SmartWay verified 

aerodynamic devices and low rolling resistance tires that meet specified fuel efficiency 

improvements. To comply with the existing requirements, the regulation provides fleet 

owners of pre-2011 model year trailers with two different options for bringing their pre2011 model year trailers into compliance: full compliance by January 1, 2013, or register 

for and participate in a multi-year optional phase-in schedule that gives fleets several 

years to bring their trailers into compliance. The regulation also delays compliance 

requirements for several years for certain model year refrigerated-van trailers that will 

be concurrently impacted by other previously-adopted ARB regulations. Since the 

technologies required by the regulation are most effective at highway speeds, the 

regulation also includes provisions to exempt local-haul trailers, local-haul tractors, and 

short-haul tractors and the trailers they pull from some or all of the requirements due to 

their limited operation at highway speeds and/or their limited overall annual mileage. 

Since the initial adoption of this regulation, feedback from stakeholders during the 

implementation phase revealed that several issues affecting fleets needed to be 

addressed. Some of the issues, among other things, include the incompatibility of 

certain trailer configurations with existing verified aerodynamic devices, the 

unavailability of SmartWay verified retread tires, the need to move certain trailers from 

one location to another without having to meet the aerodynamic device and/or tire 

requirements, and issues related to reporting requirements. Thus staff is proposing 

amendments that would provide flexibility in reporting, as well as, provide temporary, 

short-term exemptions for specific circumstances involving storage trailers, transfer of 

ownership, and moving local-haul trailers. 
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B. Proposed Amendments 

1. Optional Second Compliance Schedule for Large Fleets 

The existing regulation requires large trailer fleets (defined as 21 or more affected 

trailers) to either have all 2010 or older model year box-type trailers in compliance by 

January 1, 2013 or register for and participate in an optional compliance phase-in 

schedule that allows such fleets to phase in compliance between 2010 and 2015, as 

shown in Option 1 of Table F-1 below. Large fleet owners that have elected to utilize 

the optional compliance phase-in schedule were required to register with ARB by July 1, 

2010. Ninety-five fleets with approximately 180,000 trailers registered by this deadline. 

However, because the total number of trailers impacted by the current regulation in 

2010 is estimated to be approximately 645,000, it is likely that many trailer fleet owners 

were not aware of the regulation and may have missed the opportunity to participate in 

the compliance phase-in option, resulting in them having to fully comply with the retrofit 

requirements by January 1, 2013. 

To address this issue, staff proposes to modify section 95307, Optional Trailer Fleet 

Compliance Schedules to provide large fleet owners another optional compliance 

phase-in schedule, as shown in Option 2 of Table F-1 below. Large fleet owners that 

opt to use Option 2 would be subject to a reporting deadline of July 1, 2011 and, as 

shown in Table F-1, a phase-in beginning with 20 percent of their fleets by the end of 

2011, and 100 percent by the end of 2015. 

Table F-1: Optional Trailer Fleet Compliance Schedule 

Compliance Deadline, Required Cumulative Percent Compliance 

as of January 1 Option 1 (Current) Option 2 (Proposed) 

2011 5% --- 

2012 15% 20% 

2013 30% 40% 

2014 50% 60% 

2015 75% 80% 

2016 100% 100% 

2. Additional Reporting Flexibility 

The current regulation requires owners of trailer fleets that elect to utilize either the large 

fleet or small fleet optional compliance phase-in schedule to submit a one-time, multiyear compliance plan at the time they register for those compliance schedules. The 

compliance plan must outline which specific, pre-2011 model year trailers will be 

brought into compliance during each year of the optional compliance phase-in schedule. 

Representatives of large trailer fleets have indicated to staff that developing an accurate 

multi-year compliance plan is impractical because they cannot accurately predict which 

specific trailers in their fleets they will bring into compliance each year. 
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Staff agrees that this requirement may be problematic for some fleets and therefore 

proposes to add new subsection 95307(f), Reporting Requirements, which would allow 

trailer fleet owners to report which trailers in their fleets were brought into compliance at 

the end of each year, as opposed to identifying their entire phase-in schedule in a onetime multi-year plan. It should also be noted, however, that trailer fleet owners would 

still be allowed to submit a one-time, multi-year compliance plan for their fleet should 

they so choose. 

3. Exemption of Storage Trailers 

The current regulation requires trailers that are exclusively or primarily used for storing 

goods at a single location for extended periods of time to be retrofitted with 

aerodynamic devices and low rolling resistance tires when traveling on California 

highways, despite the fact that they rarely travel on highways. An owner could register 

a storage trailer as a local-haul trailer, which would alleviate the owner’s requirement to 

install aerodynamic technologies, but the trailer owner would still be required to install 

low rolling resistance tires and would not be able to move such trailer beyond 100 miles 

of its designated local-haul base. Another option would be to pull the storage trailer with 

an exempt short-haul tractor from location to location without threat of violation, but this 

requires the owner of the trailer to own or secure the services of a short-haul tractor. 

Staff agrees that the current regulation does not address the unique circumstances 

involving storage trailers. Staff therefore proposes to modify subsection 95305(e), 

Exemptions to add an exemption for 53-foot or longer box-type storage trailers that are 

used exclusively for storage of items at a single location. Specifically, staff proposes 

exempting storage trailers from the aerodynamic technology and low rolling resistance 

tire requirements of the regulation provided that such storage trailers travel empty of 

freight while on California highways. 

Staff is also proposing that owners be provided the ability to relocate storage trailers as 

proposed for local-haul trailers described in section 7, below. 

4. Compliance Delay for Certain Trailers 

The current regulation requires affected box-type trailers to utilize SmartWay verified 

aerodynamic technologies to achieve the specified improvement in aerodynamic 

efficiency. Such technologies presently include front fairings, side skirts, trailer end 

fairings, and an undercarriage device. Manufacturers and fleets have indicated that 

certain configurations of trailers would prohibit the effective use of these available 

SmartWay verified technologies, such as those trailers with rear rollup doors and side 

doors with hydraulic lifts. 

Staff recognizes that there are some limited trailer configurations for which there are 

currently no SmartWay verified technologies available. Therefore, staff is proposing to 

add new subsection 95305(i), Trailer Aerodynamic Equipment Delay to provide a limited 

term exemption from the aerodynamic technology requirements of the regulation for 

trailers that are configured such that none of the SmartWay verified aerodynamic 
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technologies can be effectively installed on them. The exemption would require 

Executive Officer approval, and would have to be renewed annually. Once there are 

SmartWay verified technologies available for these specific trailer configurations, the 

trailers would no longer be eligible for the exemption. 

5. Delayed Compliance Provision for 2009 Model Year Refrigerated Van 

Trailers 

Since refrigerated van trailers would be concurrently impacted by the current regulation 

and the previously adopted “Airborne Toxic Control Measure for In-Use Diesel-Fueled 

Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where 

TRUs Operate” (TRU rule), staff developed a special provision that would allow the 

delay of retrofits of certain in-use refrigerated van trailers. Specifically, the refrigerated 

fleet extended compliance provision in the current regulation applies to 2003 through 

2008 model year refrigerated van trailers equipped with 2003 and newer model year 

TRUs. However, staff inadvertently excluded 2009 model year refrigerated van trailers 

(equipped with 2003 model year or newer TRUs) from the delayed compliance 

provision. 

Recognizing this oversight, staff therefore proposes to modify subsection 95303(b), 

Trailer Requirements, to allow 2009 model year refrigerated van trailers (equipped with 

2003 model year or newer TRUs) to comply with the GHG regulatory requirements 

using the extended compliance provision. These trailers would have until the end of 

2019 to be brought into compliance with the regulation. 

6. Aerodynamic Equipment Modifications 

The Tractor-Trailer GHG regulation requires affected trailers to either be U.S. EPA 

SmartWay certified trailers or retrofitted with SmartWay verified technologies. To date, 

SmartWay specifications only exist for dry van trailers in a standard dual axle 

configuration. However, the Tractor-Trailer GHG regulation requires fleets to use these 

technologies on other trailer configurations, such as refrigerated van trailers. Any 

trailers that are configured differently than typical dry van trailers may present 

installation difficulties that will in turn require modifications to SmartWay verified 

technologies. This is a concern because the current regulation does not allow such 

modifications. 

To address this issue, staff proposes to modify subsections 95303(b)(1), 95303(b)(2), 

and 95303(b)(3) to allow modifications to SmartWay verified technologies for “nontypical” trailers, as discussed above. Such modifications would be subject to advance 

approval by the Executive Officer. The Executive Officer will base his or her 

determination upon information submitted that demonstrates the proposed modifications 

would not significantly increase the aerodynamic drag of the technology. 

7. Transporting Local-Haul Trailers 

Registered local-haul trailers are presently exempted from the aerodynamic equipment 

requirements of the regulation provided they operate within a 100-mile radius of their 
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local-haul base. Thus if a trailer owner plans to change the base operation location of a 

local-haul trailer to a new location that is more than 100 miles away, the current 

regulation does not exempt this trailer from meeting the retrofit requirements. 

To require the retrofit of aerodynamic devices and tires on local-haul trailers would be 

unnecessarily costly and would provide no emissions benefit. Staff therefore proposes 

to modify section 95305, Exemptions, to exempt local-haul trailers from the retrofit 

requirements when they travel outside of their base area, as long as these trailers are 

transported empty of freight. 

It has been argued that if an owner plans to relocate one of these trailers, it would make 

more “economical sense” if, at the same time, it was also loaded with freight. Such a 

trailer would not be eligible for the exempt status described above, but staff believes 

such a practice should be allowed on a limited basis. Staff therefore proposes to add a 

provision in subsection 95305(f) that would waive the retrofit requirements for loaded 

local-haul trailers that travel outside the 100-mile area, via the issuance of a relocation 

pass. Up to four relocation passes per year per trailer could be issued, with each pass 

not to exceed three consecutive days. Similarly, such pass would also be available to 

storage trailers moving from one storage location to another. Reporting requirements 

would apply. 

8. Three-Day Pass for Non-compliant Tractors 

There are some fleets that infrequently travel into California or typically operate with 

trailers that are exempt. Staff believes a limited exemption is warranted for such fleets 

that infrequently transport goods in California provided that their owners request and 

obtain advanced Executive Officer approval. 

Therefore, staff proposes to add a provision in subsection 95305(h) that would allow 

tractor owners to request and obtain a temporary exemption (pass) from the regulation, 

not to exceed three consecutive days. Only one pass would be issued to an owner per 

year. Furthermore, only one tractor per fleet, sharing a U.S. Department of 

Transportation, motor carrier, or International Registration Plan number, would be 

granted one pass per year. In other words, if a fleet is made up of multiple owners, only 

one pass could be issued to a tractor in that fleet, regardless of the number of owners in 

that fleet. Staff believes this exemption is only needed for the first several years of the 

regulation and can be sunsetted once fleets that are typically unaffected become aware 

of this regulation. Thus, staff proposes to sunset this provision on January 1, 2015. 

9. Transfer of Ownership Pass for Trailers 

The regulation currently does not provide any exemptions for affected trailers involved 

in a transfer of ownership. Staff has learned that it is common industry practice, in a 

transfer of ownership situation, for the seller of a trailer to transport freight in such trailer 

while delivering it to the buyer’s location. Under the existing regulation, the owner(s) of 

this trailer would be subject to the retrofit requirements. 
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Staff believes that an exemption is warranted for those cases where the trailer is merely 

passing through California to the buyer’s location. Therefore staff proposes to include a 

provision in subsection 95305(g), to allow sellers and buyers of affected trailers to 

obtain a temporary exemption for trailers involved in a transfer of ownership while being 

transported from the seller’s location to the buyer’s location. This transfer of ownership 

pass would be valid for up to three consecutive days, or for an alternate time period as 

approved by the Executive Officer. 

10. Delayed Compliance for Low Rolling Resistance Tire Requirements for 

Pre-2011 Model Year Tractors and Trailers 

The current regulation requires pre-2011 model year tractors to use SmartWay verified 

tires by January 1, 2012, and pre-2011 model year trailers to use SmartWay verified 

tires by either January 1, 2013, or by the deadlines specified in the optional compliance 

schedules. Affected stakeholders have indicated that fleets rely heavily on the ability to 

use retreaded tires, especially on trailers. Since the U.S. EPA SmartWay Program has 

not yet completed its efforts to develop standards for SmartWay retreads, a delay in the 

implementation date is warranted to allow time for fleets to retread and use their existing 

tires, and then transition to using SmartWay verified retreads once they become 

available. Also, the delay would allow time for fleets to accumulate sufficient numbers 

of SmartWay verified tire casings to use for retreads. 

Staff therefore proposes to amend subsections 95303(a)(3) and 95303(b)(3) to allow 

pre-2011 model year tractors and trailers additional time to be equipped with SmartWay 

verified low rolling resistance tires. Pre-2011 model year tractors would have an 

additional year to comply, and pre-2011 model year trailers would be allowed up to four 

additional years to comply. Model year 2003 through 2009 refrigerated-van trailers 

equipped with 2003 or subsequent model year transport refrigeration units would still be 

required to convert their tires to SmartWay verified tires beginning January 1, 2018. 

11. Exemption for Open Shoulder Drive Tires 

The current regulation requires 2011 and subsequent model year tractors to use 

SmartWay verified tires by January 1, 2010. Staff is aware that some regional-haul 

fleets must use open shoulder drive tires to negotiate roads in inclement weather. 

Currently, staff is aware of only three open shoulder drive tire models that are U.S. EPA 

SmartWay verified models. Therefore, staff is proposing to include a limited term 

exemption in section 95305(j) for 2011 or subsequent model year tractors using openshoulder drive tires. This exemption would sunset on January 1, 2013. 

12. Disclosure Language and Recordkeeping 

The regulation requires any person residing in California that sells or leases an affected 

tractor or trailer to notify the buyer or lessee, in writing, that the tractor/trailer may be 

subject to the Tractor-Trailer GHG regulation. 

Staff proposes to clarify, in subsection 95303(i), that only California-licensed vehicle 

dealers selling affected tractors or trailers are responsible for providing the specified 
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disclosure language, and in subsections 95302(a)(42), that lessors of affected tractors 

and trailers are responsible for providing specified disclosure language. In addition, 

staff is proposing to add a requirement in new section 95311 that sellers and lessors 

must maintain a record of the written disclosure for three years after the date of sale or 

lease. 

13. Other Amendments 

Staff is proposing other relatively minor amendments to clarify certain definitions and to 

reorganize the regulatory language to include the proposed amendments.