(Adopted August 18, 2000)(Amended June 4, 2004) (Amended September 9, 2005)(Amended May 5, 2006) (Amended June 6, 2008)(Amended January 9, 2009)

RULE 1186.1. LESS-POLLUTING SWEEPERS

(a) Purpose To reduce air toxic and crit eria pollutant emissions, this rule requires certain public and private sweeper fleet operators to acquire and operate alternative-fuel or otherwise less-polluting sweepers when purchasing or leasing these vehicles for sweeping operations undertaken by or for governments or governmental agencies in the jurisdiction of the Sout h Coast Air Quality Ma nagement District (District).

(b) Applicability (1) This rule applies to a ny federal, state, county, city or governmental department or agency, any special district such as water, air, sanitation, transit, and school districts, or private individual firm, association, franchise, contractor, user or owner who provides sweeping services to a governmental agency that owns or l eases 15 or more vehicles, including passenger cars, light-duty trucks, and medium- and heavy-duty on-road vehicles, but excluding those vehicles exempt as defined by Rule 1191 paragraph (f)(1). (2) Sweepers having a gross vehicle we ight of 14,000 pounds or more are subject to this rule.

(c) Definitions For purposes of this rule, the following definitions shall apply: (1) AFFECTED GOVERNMENTAL AGENCY means any governmental agency in the District’s jurisdiction that owns or leases 15 or more vehicles, including passenger cars, light-duty trucks, and medium- and heavy-duty on-road vehicles, or contr acts for sweeping services, excluding those exempt as defined by Rule 1191 paragraph (f)(1). (2) ALTERNATIVE-FUEL SWEEPER means a sweeper with engine(s) that use compressed or liquefied natural gas, liquefied petroleum gas (propane), methanol, electricity, or fuel cells. Hybrid-electric and dual1186.1 - 1Rule 1186.1 (cont.) (Amended January 9, 2009)

fuel technologies that use diesel fuel are not considered alternative-fuel technologies for the purposes of this rule. (3) APPROVED CONTROL DEVICE(S) is a California Air Resources Board (CARB)-certified exhaust control device (s) that reduces particulates and possibly other precursor emissions. To be considered fitted with approved control device(s), all diesel exhaus t from the sweeper, including the auxiliary engine (if app licable) must be vented through such a device(s) that have been certified by CARB at the time of vehicle purchase. (4) FLEET OPERATOR is any federal, stat e, county, city, or governmental department or agency, any special district such as water, air, sanitation, transit, and school districts, or private individual firm, association, franchise, contractor, user or owne r who provides sweeping services to a governmental agency that owns or l eases 15 or more vehicles, including passenger cars, light-duty trucks, and medium- and heavy-duty on-road vehicles, excluding those exem pt as defined by Rule 1191 paragraph (f)(1). (5) GOVERNMENTAL AGENCY include a ny federal, state, regional, county, city, or government al department and agency, and any special district such as water, air, sanitati on, transit, and school districts. See
AFFECTED GOVERNMENTAL AGENCY. (6) LOW-SULFUR DIESEL FUEL means di esel fuel that has a maximum sulfur content of 15 parts per million (p pm). The use of low-sulfur diesel fuel improves the performance of a nd may be necessary for the use of
advanced exhaust control devices. (7) PURCHASE OR LEASE means that a purc hase or lease contract has been signed by both parties for a sweeper to be delivered within 1 year of the purchase or lease contract date, which is the date the contract is signed by both parties. (8) SWEEPER means any heavy-duty vehicle with a gross vehicle weight of 14,000 pounds or more that is permitted to operate on public roads through California Department of Motor Vehicle registrati on or the federal government and used for the express purpose of removing material from paved surfaces, by mechanical means through the action of one or more brooms, or by suction through a vacuum or regenerative air system or any
combination of the above.

1186.1 - 2Rule 1186.1 (cont.) (Amended January 9, 2009)

(9) SWEEPING OPERATIONS means operati ons to remove material from paved surfaces using sweeper(s), as defined by this rule.

(d) Requirements For Fleet Operators: (1) Beginning July 1, 2002, a fleet operator shall meet the following conditions for each individual purchase or lease of a replacement or additional sweeper: (A) Purchase or lease an alte rnative-fuel sweeper, OR (B) Provide alternative-fuel sweepi ng services where required under contract with a government agen cy, pursuant to subparagraphs (d)(2)(A) and (d)(2)(B). (C) Before July 1, 2010, if the fleet operator has an approved Technical Infeasibility Certification for this individual purchase or lease, as described in subdivision (e), (i) purchase or lease a non-alternative fueled sweeper with all applicable approved control device(s), and (ii) maintain the approved control device(s) per manufacturer’s specifications, and (iii) if using diesel fuel, fuel the sweeper with low-sulfur diesel fuel only, and (iv) comply with Rule 1186 without invoking the exemption provision in Rule 1186 pa ragraph (i)(3), unless a
demonstration is made to the Executive Officer that for solely technical reasons no certif ied sweeper, as defined in Rule 1186 paragraph (c)(2), is commercially available. (D) Failure to use alternative-fu el sweepers where required under contract with a government agency shall be a violation of this rule for each day that the street sweeping services are provided. For Affected Governmental Agencies Contracting for Sweeping Services: (2) Any affected governmental agency that signs a contract after July 1, 2002 for sweeping services must: (A) Contract for sweeping services that use alternative-fuel sweeper(s),
OR (B) Solicit bids for sweeping operations using alternative-fuel sweepers and if no bids are submitted:

1186.1 - 3Rule 1186.1 (cont.) (Amended January 9, 2009)

(i) Contract for non-alternative fu eled sweeper(s) and ensure that the sweeper(s) are only fuel ed with low-sulfur diesel and outfitted with approved control device(s) that are installed and maintained per the manufacturer's specifications, and (ii) Contract for sweeper(s) that comply with Rule 1186, unless
a demonstration is made to the Executive Officer that for solely technical reasons no cer tified sweeper, as defined in Rule 1186 paragraph (c)(2), is commercially available. (3) After January 1, 2003, any renewal or ex tension option of a contract is
considered a new contract that must meet the requirements of paragraph (d)(2). (4) Pursuant to paragraph (d )(2), alternative-fuel sweepers shall be used for
the entire term of the contract. If alternative-fuel sweepers are not available at the beginning of the contract due to the date of delivery, the affected government agency shall submit a signed and dated Technical Infeasibility Certification Request to the Executive Officer prior to the award of the contract demonstrating the unavailability of alternative-fuel sweeper service for the period of time during which alternative-fuel sweepers are to be delivered.

(e) Technical Infeasibility Certif ication Criteria and Procedures (1) Six months prior to the date of purchase or leas e of a replacement or additional sweeper, any fleet operator seeking to comply with subdivision (d) without purchasing or leasing an al ternate-fuel sweeper [i.e., opting to comply with paragraph (d)(2)], shall demonstrate the technical infeasibility of complying with paragraph (d)(1) requirements by submitting a signed and dated Technical Infeasibility Certification Request
to the Executive Officer and attest to the accuracy of all statements therein, that shall include: (A) the name and address of the fleet operator; and (B) current sweeper fleet composition, including make, model, and a complete description of the sweep ers’ dust suppression systems; and (C) demonstration that no alternative-fuel engine and chassis configuration is commercially av ailable from any manufacturer for sweeping operations conducted by th e fleet operator (only technical

1186.1 - 4Rule 1186.1 (cont.) (Amended January 9, 2009)

reasons for choosing a given chassi s configuration are acceptable),
OR (D) demonstration that a fueling stati on for alternative-fuel sweepers commercially available from any manufacturer for sweeping operations conducted by the fleet operator is not available within five miles of the vehicle storage or maintenance yards. (2) Within 90 calendar days of receipt of a completed Technical Infeasibility Certification Request submitted pursuant to paragraph (e)(1), the Executive Officer will either appr ove or disapprove the Request, in writing. (3) The Executive Officer shall disapprove a Technical Infeasibility Certification Request if it does not meet the requirements of paragraph (e)(1). If a Technical Infeasibility Certification Request 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 di sapproved Technical Infeasibility Certification Request, the fleet operator shall comply with paragraph (d)(1). (C) The fleet operator may resubmit a Technical Infeasibility Certification Request at any tim e after receivi ng a disapproval notification, but must still comply with paragraph (d)(1) until such time as the Executive Officer approves a Technical Infeasibility Certification Request un der paragraph (e)(1). (4) A Technical Infeasibility Certification Request is subject to plan filing and
evaluation fees as described in Rule 306.

(f) Exemptions (1) The provisions of this rule shall not apply to fleets consisting of
evaluation/test vehicl es, provided by or oper ated by the vehicle manufacturer or manufacturer representative for testing or evaluation, exclusively. (2) The provisions of subdivision (d) shall not apply to a sweeper purchase by a fleet operator that is solely dedica ted to serving governmental agencies that are not subject to this rule, upon demonstration to and approval of the
Executive Officer.

1186.1 - 5Rule 1186.1 (cont.) (Amended January 9, 2009)

1186.1 - 6 (g) Compliance Auditing and Enforcement (1) At the request of the Executive Officer , the fleet operator shall provide the purchase, lease, or contract record s for their sweepers to demonstrate compliance with subdivision (d). (2) At the request of the Executive Offi cer, any fleet operator claiming an exemption under subdivision (f) shall supply proof that their sweeper or fleet is exempted from this rule.

(h) Severability If any provision of this rule is held by judicial order to be invalid, or invalid or inapplicable to any person or circumstance, such order shall not affect the validity of the remainder of this rule, or the valid ity or applicability of such provision to other persons or circumstances. In the even t any of the exceptions to this rule is held by judicial order to invalid, the persons or ci rcumstances covered by the exception shall instead be required to comp ly with the remainder of this rule.