1 FINAL REGULATION ORD ER

AMENDMENTS TO THE REGULATION TO REDUCE EMISSIONS OF DIESEL PARTICULATE MATTER, OXIDES OF NITROGEN A ND OTHER CRITERIA

POLLUTANTS FROM IN

- USE ON

- ROAD DIESEL

- FUELED VEHICLES

Division 3: Air Resources Board Chapter 1: Motor Vehicle Po llution Control Devices

Section 2025. Regulation to Reduce Emissions of Diesel Particulate Matter,

Oxides of Nitrogen and Other Criteria Pollutants, from In

- Use Heavy

- Duty Diesel

- Fueled Vehicles

(a) Purpose

The purpose of this regulation is to reduce em issions of diesel particulate matter (PM)

, oxides of nitrogen (NOx) and other criteria pollutant s from in

- use diesel

- fueled vehicles.

(b) Scope and Applicability

Except as provided in subsection ( c )

, this regulation a pplies to any person, business,

feder al government agency

, school district or school transportation provider that owns
or operates , leases, or rents, affected vehicles that operate in California. The regulation also applies to persons that sell affected vehicles in California. Affected vehi cles are those that operate on diesel

- fuel, dual

- fuel, or alternative diesel

- fuel that are registered to be driven on public highways, were originally designed to be driven on public highways whether or not they are registered

, yard trucks with on

- road eng ines or yard

trucks with off

- road engines used for agricultural operations

, both engines of two

- engine

sweepers, schoolbuses, and have a manufacturer’s gross vehicle weight rating (GVWR) greater than 14,000 pounds ( lbs )

. .

(c) Exemptions

Th is regulation does not apply to :

(1) V ehicle s subject to the solid waste collection vehicle rule commencing with title 13,

CCR

, section 2021 ;

(2) Veh ic les owned or operated by a municipality, as defined in title 13, section 2020(b), that compl y with the Best Available C ontrol Technology (BACT) requirements of title 13, CCR section 2022.1 (a)(1) ;

(3) Vehicles subject to the fleet rule for public transit agencies commenc ing wi th

title 13, CCR, section 2023;

(4) Vehicles subject to the rule for mobile cargo handling equipmen t at ports and

intermodal rail yards commencing with title 13, CCR, section 2479 ;

(5) M ilitary tactical support vehicle s , as described in title 13, C CR

, section 1905 ;2

(6) Authorized emergency vehicles as described in California Vehicle Code (Veh. Code), se ction 165;

(7) O ff

- road vehicle s equipped with engines subject to title 13, CCR

, sections 2401,
2411, 2421, 2432 , and 2449 ;

(8) Dedicated snow

- removal vehicles as defined in section 2025 (d) (1 5 ) ;

(9) Historic vehicles as defined in section 2025 (d) (3 6 ) ;

(10) Motor homes for no n

- commercial private use;

( 11) Except as specified in section 2025( l) v ehicles subject to the regulation for drayage trucks commencing with title 13, CCR, section 20 2 7 until January 1, 20 23 ;

(12) Trucks with a GVWR of 19,500 lbs or less with a pick

- up bed used exclusively for personal , non

- commercial, or non

- governmental use ; and

( 13) Except for two

- engine sweepers, other two

- engine on

- road vehicles that are subject to title 13, CCR, section 2449, including but not limited to, water well drilling rigs, workover rigs, and cranes , in which one engine provides the motive power for the vehicle and a second engine is an auxiliary engine 50 horsepower or greater that is integrated into the design of the vehicle and provides power for the

vehicl e to perform a specialized function.

(d) Definitions

For purposes of this regulation, the following definitions apply:

( 1 ) “ 2006 Baseline Fleet ” means diesel

- fueled heavy

- duty vehicles with a GVWR greater tha n 26 ,000 lbs included in the scope of section 2025(b) that were owned by a fleet and registered to operate in California on October 1, 2006 with the

California D epartment of M otor V ehicles , or were owned by a fleet, registered to operate on October 1, 2006 in a jurisdiction that is an Interna tional R egistration

Plan member , and were driven at least 1,000 miles in California in the calendar year 2006. A fleet owner must include a ll vehicles that fall within the scope and applicability of section 2025(b) and must e xclude all vehicles that are exempt fr om the regulation in the exemptions section 2025(c )

. (2) “ 2007 Model Year Emissions Equivalent ” means emissions from :

(A) An engine certified to the 2004 through 2006 model year heavy

- duty diesel engine emissions standard that is equipped with the high est level VDECS and reduces NOx emissions by at least 40 percent ; or
(B) An engine that was built to the 2004 engine emission standard and was not used in any manufacturer’s averaging, banking, or trading program that is equipped with the highest level VDE CS and reduces NOx exhaust emissions by at least 40 percent ; or

(C) An engine certified to the 2003 or prior model year heavy

- duty diesel engine emissions standard that is equipped with the highest level VDECS and reduces NOx exhaust emissions by at least 70 percent; or3

( D ) An engine certified to the 2007

- 2009 model year heavy

- duty engine

emissions standard and meets PM BACT

. ( 3 ) “ 2010 Model Year Emissions Equivalent Engine ” means emissions from:

(A) An engine certified to the 2004 through 2006 model year h eavy

- duty diesel engine emissions standard that is equipped with the highest level VDECS and reduces NOx emissions by at least 85 percent ; or
(B) An engine that was built to the 2004 engine emission standard and was not used in any manufacturer’s averaging , banking, or trading program that is equipped with the highest level VDECS and reduces NOx exhaust emissions by at least 85 percent ; or

(C) An engine certified to the 2007 model year heavy

- duty diesel engine

emissions standard that meets PM BACT and redu ces NOx exhaust emissions by more than 70 percent; or

(D) An engine certified to the 2010 model year or newer heavy

- duty diesel engine emissions standard that meets PM BACT ; or

(E) A heavy

- duty engine certified to 0.2 g/bhp

- hr or less NOx emissions level a nd 0.01 g/bhp

- hr or less PM emissions level ; or

(F) An off

- road engine certified to the Tier 4 Final engine emissions standard.

( 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 horticultural, viticultural, aquacultural, forestry, dairy, livestock, poultry, bee or farm product. Raising plants at nurseries that sell exclusively retail are not included , or

(B) The cutting or removing of timbe r, other solid wood products, including Christmas trees, and biomass from forestlands for commercial purposes. The services also include all the work incidental thereto, including but not limited to, construction and maintenance of roads, fuel breaks, fir ebreaks, stream crossings, landings, skid trails, beds for falling trees, fire hazard abatement, and site preparation that involves disturbance of soil or burning of vegetation following forest removal activities. Forest operations include the cutting or removal of trees, tops, limbs and or brush which is processed into lumber and other wood products, and or for landscaping materials, or biomass for electrical power generation. Forest operations do not include

conversion of forestlands to other land uses s uch as residential or commercial developments

. ( 5 ) “ Agricultural Vehicle ” means a vehicle that is eligible to utilize the requirements for agricultural vehicle s in section 2025(m) and meet s one of the definitions of (A) through (E) below

. (A) A vehicle, or truck

- tractor and trailer combination, owned by a farming

business and used exclusively in one or more of the following ways:

1. in agricultural operations ;4 2. to transport harvested farm products to the first point of processing ;

3. to directly support farming or forestry operation s, which may include supply trucks, cattle trucks, and other vehicles but does n ot include

vehicle s that do not directly support farming operations such as personal use vehicle s, vehicles rented or leased to others for non

ag ricultural uses that do not qualify , or vehicles used in a transportation

business other than t o transport harvested farm products to the first point of processing

. (B) A vehicle, or truck

- tractor and trailer combination, owned by a bee keeping

business an d used exclusively to transport their own bees or honey to the first point of process ing

. ( C ) A truck, or a truck

- tractor and trailer combination, that is required to display a hazardous material placard during delivery and exclusively delivers fertilizer or crop protection chemicals that require 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 fertilizer or pest control license

.

1. Owners of such vehicles mus t hold :

a. a valid pest control dealer license issued by the California Department of Pesticide Regulation as required under Food & Agricultural Code, Division 6, Chapter 7, Article 6, Section 12101 ;

or

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

.

2. Such vehicles must exclusively carry products defined under one of the following, and be required to display an appropriate 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, (Division 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.

(D) A truck, or truck

- tractor and trailer combination, designed for in

- field operation s

, that is exclusively engaged in agricultural operations on the farm

. Examples include truck configurations designed to spread manure, dispense hay, and dispense freestall bedding. It also includes water trucks and trucks designed or modified to be used exclusively for the dusting, spraying, fertilizing, or se eding of crops

. Except as allowed in (A) above, trucks, or

truck

- tractor and trailer combinations that transport any products , materials, personnel, or equipment are excluded

.5

(E) A truck, or truck

- tractor and trailer combination, including yard trucks, t hat exclusively transports any unprocessed horticultural, viticultural, aquacultural, forestry, dairy, livestock, poultry, bee or farm products such as raw, unprocessed crops, livestock, fish, or fowl between the farm and where the first point of processi ng 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 farm to a biomass facility.

( 6 ) “Alternative Diesel Fuel” m eans any fuel used in diese l engines that is not a

reformul ated diesel fuel as defined in sections 2281 and 2282 of t itle 13, CCR, and does not require engine or fuel system modifications for the engine to operate, other than minor modifications (e.g., recalibration of the engine fu el control) that may enhance performance. Examples of alternative diesel fuels include, but are not limited to, biodiesel, Fischer

- Tropsch fuels, and emulsions of water in diesel fuel. Natural gas is not an alternative diesel fuel. An emission contr o l s trategy using a fuel additive will be treated as an alternative 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 fuel inside the fuel tan k 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.

( 7 ) “ Alternative Fu el

” means natural gas, propane, ethanol, methanol, hydrogen, electricity, fuel cells, or advanced technologies that do not rely on diesel fuel. “Alternative fuel” also means any of these fuels used in combination with each

other or in combination with other non

- diesel f uels.

( 8 ) “ Alternative

- Fueled Engine ” means an engine that is exclusively fueled with a fuel meeting the definition of alternative fuel.

( 9 ) “Authorized Emergency Vehicle” has the same meaning as California Vehicle

Code section 165.

(1 0 ) “California Based Broker” means a person, with operations based in California, who, for compensation, arranges or offers 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 transport.

(1 1 ) “ Commercial V ehicle ” means a motor vehicle or combination of mo tor

vehicles as defined in California Veh

. Code, section 260

. (1 2 ) “ Common Ownership or C ontro l ” means being owned or managed day to day by the same person, corporation, partnership, or association. Vehicles managed by the same directors, officers, or man agers, or by corporations controlled by the6

same majority stockholders are considered to be under common ownership or control even if their title is held by different business entities. Common ownership

o r c ontrol of a federal government vehicle shall be the primary responsibility of the unit that is directly responsible for its day to day operational control.

(1 3 ) “ Compliance Year ” means January 1 through December 31 of a calendar year.

(1 4 ) “ Compression Ignition Engine ” means an internal combustion engin e 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 5 ) “ Dedicated Snow Removal Vehicl e ” means a vehicle that has permanently affixed snow removal equipment such as a snow blower or auger

, and is operated exclusively to remove snow from public roads, private roads, or other paths to

allow on

- road vehicle access.

( 1 6 ) “ Diesel F

uel ” has the s ame meaning as defined in t itle 13, CCR

, s ection s 2281

an d 2282.

(1 7 ) “ Diesel Particulate Filter ” means an emission control technology that reduces diesel particulate matter emissions by directing the exhaust through a filter that physically captures parti cles but permits gases to flow through. Periodically, the collected particles are either physically removed or oxidized (burned off) in a process called regeneration.

(1 8 ) “ Diesel Particulate Matter (PM) ” means the particles found in the exhaust of diesel

fueled compression ignition engines. Diesel PM may agglomerate and adsorb other species to form structures of complex physical and chemical properties

. ( 19 ) “ Drayage Truck

” is the same as defined in title 13, CCR

, s ection 2027.

(2 0 ) “ Dual

- Fuel Engine ” me ans 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 tw o separate fuel systems, which inject both fuels simultaneously into the engine combustion chamber. A dual

- fuel engine

is not an alternative

- fuel engine

. (21) “ Electronic Tracking System ”

(A) The tracking device must acquire date, time, and engine

- on data at a
minimum of 15 minute intervals, with no more than 30 minute data gaps. The tracking device must also acquire location data for vehicles claiming to operate exclusively in NOx

- exempt areas and for vehicles that must

document low use in California whe n their total miles of operation exceed
1,000 miles and total hours of operation exceed 100 hours.

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

to provide the tracking service.7

(2 2 ) “ Emergency O peration ” means operation of a n authorized emergency vehicle or emergency support vehicle to help alleviate an immediate threat to public health or safety. Examples of emergency operation include vehicle use d at an emergency

event to repair or prevent damage to roads, buildings, terrain, and infrastructure as a result of an earthquake, flood, storm, fire, terrorism, or other infrequent act s of

nature. Emergency operation includes authorized emergency vehicle and emergency support vehicle travel to and from an emergency event when dispatched by a local, state, or federal agency

. Routine operation to prevent public health risks does not constitute emergency operation.

(2 3 ) “ Emergency Support Vehicle ” means a ve hicle , other than an authorized emergency vehicle that has been dispatched by a local, state, or federal agency

that is used to provide transport services or supplies in connection with an emergency operation

. (2 4 ) “ Executive Officer ” means the Executive O fficer of the ARB or his or her authorized representative.

(2 5 ) “ Farm ” means a physical location for which the primary purpose is making a profit or providing a livelihood from :

(A) horticultural, viticultural, aquacultural, forestry or crops or plants tha t are grown and harvested at the location , ( n urseries that sell exclusively retail are not farms) ; or

(B) raising, b r eeding, grazing, feeding, or milking animals, fish, fowl, or bees

. (2 6 ) “ Farming Business ” means a business involved exclusively in the cul tivating, operating, or managing a farm for profit, or a business contracted to harvest trees

in a forest for profit

. A farming business does not include businesses that derive their principal source 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 dogs, cats, or other pet animals.

(2 7 ) “ F irst Point of Processing ” means the loc ation where harvested crops, bees, fowl, fish, livestock, animals, or their products

, 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 transportation. Fi rst point of processing is not a location of the product’s final use and f or some crops the location may be in the field, such as chipping wood. First point of processing also includes biomass facilities that receive agricultural waste in the form of unpr ocessed agricultural

materials. A first point of processing may include, but i s not limited to, packinghouses, slaughterhouses, cotton gins, nut hullers/shellers and processors, dehydrators, lumber mills, feed and grain mills, and biomass facilities. Fir st point of processing does not include distribution centers, wholesale retail sales locations where the first processing of product does not occur, livestock auction houses, and subsequent locations where processing, canning, or similar activities occur a fter departing a first point of processing location

.8

(2 8 ) “ Flee t” means one or more vehicles

, owned by a person, business, or government

agency

, traveling in California and subject to this regulation . A fleet may fall into one of the following subclassifi cation s :

(A) “ Federal Fleet

s ” means a fleet of vehicles owned by a department, agenc y, or instrumentality of the federal government of the United States of America

and its departments, divisions, public corporations, or public agencies including the U nited S tates Postal Service

. With respect to the Department of Defense and its service branches, f ederal f leets may be managed regionally, locally, or a combination of regional and local management. There may be multiple f ederal f leets within a military servi ce or an installation ; or

(B) “ Rental or Leased Fleet s ” means a fleet of vehicles owned by a person ( rental or leasing entity) for the purpose of renting or leasing, as defined in California Uniform Commercial Code, section 10103(a)(10) such vehicles to

o ther persons (renters or lessees) for use or operation

. (2 9 ) “Fleet Owner” means, except as modified below in paragraphs (A) and (B), either the person registered as the owner or lessee of a vehicle by the California Department of Motor Vehicles (DMV), or its equivalent in another state, province, or country; as evidenced on the vehicle registration document carried in the

vehicle

. (A) For vehicles that are owned by the federal government and not registered in any state or local jurisdiction, the owner shal l be the department, agency, branch, or other entity of the United States, including 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 r ented 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 agreem ent for the vehicle is for a period of one year or longer

, unless the terms of the rental or lease agreement or other equally reliable evidence identifies the party responsible for compliance with state laws for the vehicle to be the renting operator or le ssee of the vehicle

. 2. For purpose of enforcement, if the vehicle is inspected and cited for noncompliance with this regulation and neither the operator of the vehicle nor the rental or leasing entity can produce evidence of the party responsible for comp liance with state laws, the owner shall be presumed to be both the rental or leasing entity and the renting operator or lessee s of the vehicle

. ( 30 ) “Fleet Size” means the total number of diesel vehicles with a GVWR greater than
14,000 lbs in a fleet, rega rdless of whether the vehicles operate in California, that9

are under common ownership or control even if they are part of different subsidiaries, divisions, or other organizational structures of a company or agency.

( 3 1 ) “ Fuel Efficient Hybrid Vehicle ” mea ns a vehicle w ith an onboard energy storage system that improves the average fuel economy of the vehicle by at least

20 percent compared to a conventional diesel vehicle of the same model year and configuration . The vehicle must have a combination of an e ngine and onboard energy storage system that provides motive power for accelerating the vehicle, regenerative braking , or operates auxiliary equipment while stationary , such as a

boom

, auger , or drill rig . The energy storage system can be electric, hydrau lic, pneumatic or of any other type that recovers its energy directly or indirectly from the engine. In addition, the onboard energy storage system s of the hybrid vehicle can have the capability to supplement its energy from an external power source.

(3 2 ) “ Governmental Agency ” means any federal, state, or local governmental agency, including, public schools, water districts, or any other public entity with taxing authority.

(3 3 ) "Gross Vehicle Weight Rating (GVWR)" is as defined in Vehicle Code Section 35 0.

(3 4 ) “ Heavy

- D uty Pilot I

gnition E ngine ” 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 equi valent basis. An engine that can operate or idle solely on diesel fuel at any time does not

meet this definition

. (3 5 ) “ Highest Level VDECS ” means the highest level VDECS verified by ARB under its Verification Procedure, Warranty and In

- Use Compliance Req uirements for In

- Use Strategies to Control Emission s from Diesel Engines (Verification Procedure),

title 13, CCR, sections 2700

- 2710, for a specific engine as of 10 months prior to the compliance date, which the diesel emission control strategy manufacture r and

authorized diesel emission

- control strategy dealer agree can be used on a specific engine and vehicle combination without jeopardizing the original engine warranty in effect at the time of application.

(A) The highest level VDECS is determined solely on verified diesel PM

reductions. Plus designations do not affect the diesel PM level assigned to a VDECS; that is, a L evel 3 Plus is th e same diesel PM level as L evel 3

. (B) A L evel 2 VDECS shall not be considered the highest level VDECS as long

as a L e vel 3 VDECS can be retrofit ted on a vehicle in the fleet.

(C) Level 1 devices are never considered highest level VDECS for the purpose of this regulation.

(3 6 ) “ Historic V

ehicle ” means a vehicle that meets the qualifications for a histo rical

vehicle and ha s been issued a historical vehicle license plate pursuant to the

California Veh. Code

, section 5004 , and is operated or moved over the highway primarily for the purpose of historical exhibition or other historic vehicle club

activities.10

( 3 7 ) “Hubodometer” means a non

- resettable device mounted on the axle of a vehicle

that measures distance traveled that has a serial number and a lock

- out feature

that permanently prevents tampering

. ( 3 8 ) “ International Registration Pl an (IRP) ” is a registration reciprocity a greement among states of the United States and provinces of Canada providing for payment of license fees on the basis of total distance operated in all jurisdictions.

( 3 9 ) “ Log Truck

” means a heavy

- duty vehicle with a manufacturer’s GVWR greater than 33,00 0 lbs and has log bunks permanently attached that exclusively transports logs

. (40) “ Low

- Mileage Construction Truck ” means a vehicle that meets the definition in (A) or (B) as follows:

(A) A dump truck with a GVWR greater than 26,000 lbs that operates le ss than 20,000 miles per calendar year and is designed to transport construction materials 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 sid e dump trailers

, or

(B) A truck with a GVWR greater than 26,000 lbs that travels less than 15,000 miles per calendar year and is a concrete mixer truck, truck with a concrete placing boom , a water tank truck, a single engine crane with a load rating of

35 tons or more, a tractor that exclusively pulls a low

- boy trailer, or a truck owned by a company that holds a valid license issued by the California

Contractors State License Board.

(41) “ Low

- use Vehicle ” means a vehicle that will be operated fewer than 1,0 00 miles in

California in any compliance year

. I f that vehicle has an engine that power s other equipment that can only be used while stationary

, the engine or power take off (PTO) must also operate less than 100 hours i n any complianc e year. T he hour

limit ation does not apply for v ehicles where the engine is used to power an auxiliary mechanism that strictly load s and unload s cargo from the vehicle (e xamples include, but are not limited to , dump truck s

, cement po wd er truck s , or trucks with attached lift dev ices )

. (42) “ Motor Carrier

” is the same as defined in California Veh. Code section 408 for fleets other than those that are comprised entirely of school buses , which for the purposes of this regulation, means the registered owner, lessee, licensee, school district superint endent, or bailee of any school bus, who operates or directs the operation of any such bus on either a for

- hire or not

- for

- hire basis.

(43) “ Moto r H ome ” means a single vehicular unit designed for human habitation for recreational or emerg ency 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 complete vehicle or a vehicle that exclusively tows a trailer that was originally designed for human habitation for recreational or emergency

occupancy

.11

(4 4 ) “ New Fleet

” means a fleet that is acquired or that enters California after January 1,

201 2 . Such fleets may include new businesses or out

- of

- state businesses that bring vehicles into California for the first time after January 1, 201 2

. (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 or service, and the use o r activity is not intended to produce a profit

. (46) “ NOx Exempt Areas ” are the following counties

– Alpine, Colusa, Del Norte, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Monterey, Northern Sonoma (as defined in title 17, CCR section 60100(e), Plumas, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, Shasta, Sierr a, Siskiyou, Trinity, Tehama,

and Yuba.

(47) “ Person ” means an individual, corporation, business trust, estate, trust, partnership, L imited L iability C ompany, association, joint venture, government, governmental subdivision, agency, or instrumentality, pub lic corporation, or any other legal or commercial entity.

(48) “PM BACT” means the technology employed on the highest level VDECS for PM

or an engine that is equipped with an original equipment manufacturer (OEM) diesel particulate filter and certified t o meet the 0.01 g/bhp

- hr certification

standard

. (49) “ Registered and D riven S afely O n

- R oad ” means a vehicle that meets the requirements to be registere d for on

- road operation in California Veh. Code

divisi on 3, chap. 1, article 1, section 4000 et seq. (i. e., required to be registered or could be registered), and the requirements to be driven safely on

- road in “Equipment of Vehicles” requirements in Veh. Code division 12, chap. 1,

sections 24000 et seq. and “Size, Weight, and Load” req uirements in Veh. Code

division 15, sections 35000 et seq , or a vehicle defined as an implement of husbandry as defined in California Veh. Code division 16, chap. 1, section 360 00
et seq

. (50) “ Repower

” means to replace the engine in a vehicle with a newer engine certified

to l ower emission standards for PM or NOx or both as applicable.

(5 1 ) “ Responsible Official ” means one of the following:

(A) For a corporation: A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function

, their delegate, designee, or any other person who performs similar policy or decision

making functions for the corporation ;

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

(C) For a municipality, state, federal, or other governmental agency: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the ov erall operations of a principal geographic unit of the agency (e.g., a Reg ional Administrator of the12 U.S. EPA). For the purposes of the Department of Defense Military Services, a commanding officer of an installation, base or tenant organization.

(52) “ Sa n 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.

(53) “ School Bus ” is a motor vehicle as defined i n California Veh. Code, section 545.

(54) “ Specialty Agricultural V ehicle ” means an agricultural vehicle having one of the following body types and has been approved for the ex emption in section 2025(m) (1 1 ) b y the Executive Offi cer :

(A) A truck , or a truck

- tractor and trailer combination, designed or modified to be used exclusively for the fueling, repairing, or loading of an airplane or helicopter used for the dusting, spraying, fertilizing, or seeding of crops ; or

(B) A truck, or a truck tractor and trailer combination, that is equipped with a self

loading bed and is designed and used exclusively to transport field manufactured cotton modules to a cotton gin ; or

(C) A truck equipped with a water tank owned by a farmer, not opera ted for compensation, and used exclusively in agricultural operations to provide dust suppression on dirt roads providing access to agricultural 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

. It does not include trucks designed to supply storage silos with

feed ; or

(E) A truck with a self

- loading bed designed to be used in the process of

harvest ing lettuce . Th is type of ve hicle is commonly referred to as a Fabco

truck

. ( 55 ) “ Three Day Pass ” means a once

- a

- year temporary permit to operate a vehicle in

California for three consecutive day s without meeting the requirements of section 2025(e)

. ( 56 ) “ Tier 0 Engine ” means an en gine not subject to the requirements in title 13, CCR,

section 2423; Title 40, Code of Federal Regulations (CFR), Part 89; or Title 40, CFR, Part 1039.

( 57 ) “ Tier 4 Final Engine ” means an engine subject to the final after

- treatment

- based

Tier 4 emission st an dards in title 13, CCR, section 2423(b)(1)(B) and/or Title 40, CFR, Part 1039.101. This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 4 FEL listed in title 13, CCR, section 2423(b)(2)(B) and/or Title 40, CFR, Part 1039.101

(58) “ Two

- Engine Sweeper” means an on

- road heavy

- duty vehicle with a manufacturers GVWR greater than 14,000 lbs , used for the express purpose of removing material from road or other surfaces, by mechanical means through the

ac tion of one or more brooms, or by suction through a vacuum or regenerative air13

system or any combination of the above. A two

- engine street sweeper has an engine to propel the vehicle and an auxiliary engine to power the broom or

vacuum.

(59 ) “ Private Ut

ility 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 utility operated by a municipality

. (60 )_ “ Verified Diesel Em ission Control Strategy ” (VDECS) means an emissions control strategy, designed primarily for the reduction of diesel PM emissions, which has been verified pursuant to the Verification Procedures. VDECS c an be verified to

achieve L evel 1 diesel PM reductio ns (25 percent), L evel 2 diesel PM re ductions (50 percent), or L evel 3 diesel PM re ductions (85 percent). VDECS may also be

verified to achieve NOx reductions. See also def inition of h ighest l evel VDECS.

(61 ) “ VDECS Failure ” means the condition of not ac hieving the emissions reductions to which the VDECS is verified. Such condition could be due to inappropriate installation, damage, or deteri oration during use. If a L evel 3 VDECS is emitting
visible smoke, it is assumed to have failed.

( 62 ) “ Yard Truck

” means a vehicle , with an on

- road or off

- r oad engine and a hydraulically elevated fifth wheel, that is used in moving and spotting trailers and

containers at locations or facilitie s. Yard trucks are al so known as yard goats

, hostlers

, yard dogs, trailer spotters

, or jockeys

.

(e) General Requirements

Beginning with the applicable effective dates, a fleet owner must comply with the following re quirements of this regulation :

(1) Except as otherwise provided below for specific classifications in sections

202 5 (e)(2) through 2025(e) (5), fleets must meet the following compliance

schedule:

(A) Starting January 1, 2015, fleets must meet the require ment s of section 2025( f ) for all vehicles with a GVWR 26,000 lbs or less except for school

buses.

(B) Starting Januar y 1, 2012, for all vehicles with a GVWR greater than
26,000 lbs , excluding school buses

, fleets must meet the requirements of section 2025( g ) or fleets that report may instead comply with t he phase

- in option of section 2025(i)

. (C) Fleets with one to thre e vehicles with a GVWR greater than 14 ,000 lbs may

utilize the small fleet compliance option of section 2025(h) for vehicles with a GVWR greater than 26,000 lbs

. (2) Beginning January 1, 2012, f leets with school buses must comply with the requirement s of section 2025( k ) for all school buses in the fleet

. (3) Beginning January 1, 2021, a ll private utility vehicle owners must comply with the requirements of section 2025( l ) (4 )

.14

(4) Beginning January 1, 2023 drayage trucks must comply with the requirements of section 2025( l ) (1) through (3 )

. (5 ) All f leets may utilize the credit provisions of section 2025(j) , the provisions of agricultural vehicles and log trucks of section 2025(m), the provisions for

construction trucks

, vehicles operating exclusively in the N Ox exempt areas, or any of the other extensions , delays, and exemptions of section 2025(p)

. (6 ) Although the total number of vehicles under common ownership or control is determinative of fleet size, i f some of the vehicles within the fleet are under the control of different responsible officials because they are part of different subsidiaries, divisions, or other organizational structures of a company or agency,

the fleet owner of a “common ownership of control fleet” may elect to have the

vehicles under the control of different responsible officials report compliance independently of other vehicles in the general fleet if choosing to comply with the requirements of section 2025(g) or the phase

- in option of section 2025 (i) for the segment of the fleet un der the control of the different responsible officials

. However, all vehicles under common ownership and control must be reported for the fleet to use the credits for fleets that have downsized in section 2025(j)(1), the credits for the early addition of n ewer vehicles in section 2025(j)(3), or the

extension for low

- mileage construction trucks of section 2025(p)(2)

. (7 ) Except personal, non

- commercial, unregistered motor vehicles, or vehicles otherwise not required to obtain authority to operate , t he follo wing is required

for all fleet owners who elect to utilize the phase

- in option of section 2025( i )

and the small fleet option of section 2025(h), the credit provisions of section 2025(j) for early PM retrofits, early addition of newer vehicles, hybrid

vehic les

, alternative fueled vehicles , and vehicles with heavy

- duty pilot ignition engines

, the agricultural vehicle provisions of section 2025 ( m ) , or the exemptions , delay, and extensions of section 2025(p) : (A) A valid California motor carrier of property num ber ; or

(B) A valid identification number assigned by the United States Secretary of the Department of Transportation ; or

(C) A valid operating authority number issued by the Public Utilities Commission ;

or

(D) O ther applicable valid operating authority number approved by the Executive

Officer

. (8 ) All i nformation specified in section 2025 (r) must be repo rted to the Executive

Officer.

(9 ) Records must be kept as specified in section 2025 (s)

. (10 ) Once a vehicle is required to be in compliance with this r egulation , it must remain in compliance at all times that it is operating in California.15

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

Fleets owners must comply with the schedule in Table 1 for all the vehicle s in the fleet with a GVWR 26,0 00 lbs or less and m eet the record keeping requirements of section 2025(s) . Fleets do not need to meet the reporting requirements of section 2025(r). School buses are not subject to the requirements of this section and must meet the requirements of sectio n 2025(k).

(1) Except as provided in ( 3 ) below, all vehicles with a GVWR 26,000 lbs or less must

be equipped with a 2010 model year emission equivalent engine pursuant to the following schedule in Table 1 :

Table 1 : Compliance Sche dule by Engine Model Year for Vehicles with a GVWR
26,000 lbs or less

Compliance Date as of January 1 Existing Engine Model

Year Requirement s

2015 1995 & older

2010 model year emission equivalent 2016 1996

2017 1997

2018 1998

2019 1999

2020 2003 & older

2021 2004

- 2006

2022 N/A

2023 All engines

( 2 ) Any engine that meets PM BACT prior to January 1, 2014, does not have t o be upgrad e d to a 2010 model year emission s equivalent engine until January 1, 2020

, bu t the fleet owner must meet the re porting and record keeping requirements of sections 2025(r) and (s) for the vehicle

. (3) F leet s may use the provisions for agricultural vehicles in section 2025(m) or any of the exemptions , delays, and extensions of section 2025(p)

, except for the followin g sections that apply only to heavier trucks: 2025(p)(1)(B), 2025(p)(2), 2025(p)(8), 2025(p)(9), and 2025(p)(10).

(4) Any fleet where all vehicles with a GVWR 26,000 lbs or less meet PM BACT prior to January 1, 2014, do es not have to upgrade those vehicles to 2010 model year emissions equivalent engines until January 1, 2023, but must meet the reporting and record keeping requirements of sections 2025(r) and 2025 (s) by January 31, 2014 for all the vehicles in the fleet with a GVWR 26,000 lbs or less

.

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

Fleets owners must comply with the schedule in Table 2 for all vehicles in the fleet with a GVWR greater than 26,000 lbs and must comply with the record keeping requirements of section 2025(s) , a nd are not required to meet the reporting16

requirements of section 2025(r). A fleet may meet PM BACT by installing the highest

level VDECS or by h aving an engine equipped with an OEM diesel particulate filter

. A fleet may meet the 2010 model year emissio ns equivalent engine requirement by replac ing the engine or vehicle with one with a 2010 model year engine or later

, retrofitting the engine with a VDECS that achieves 2010 model year equivalent

emissions , or by replacing a vehicle with one that has a futu re compliance deadline. Fleets may alternatively choose to comply using the phase

- in option of section 2025(i ) or as specified in 2025(g) (3) below

. ( 1 ) Starting January 1, 2012

, all vehicles in the fleet with a GVWR greater than 26,000

lbs must meet PM BA CT and upgrade to a 2010 model year emissions equivalent engine pursuant to the schedule set forth in Table 2 below

.

Table 2: Compliance Schedule by Engine Model Year for Vehicles with GVWR greater
than 26,000 lbs

Engine Model Year Compliance Date

In stall PM Filter by Compliance Date 2010 Engine by

1993 & older N/A January 1, 2015

1994

- 1995 N/A January 1, 2016

1996

– 1999 January 1, 2012 January 1, 2020

2000

- 2004 January 1, 2013 January 1, 2021

2005

- 2006 January 1, 2014 January 1, 2022

2007 or newer January 1, 2014 if not OEM equipped January 1, 2023

( 2 ) A 2007 model year emissions equivalent engine complies with the BACT requirements until January 1, 2023.

( 3 ) From January 1, 2012 until January 1, 2014 , a ny fleet may optionally choose to

m eet PM BACT according to the following :
(A) 2003

- 2004 model year engines and 199 3 model year and older engines by January 1, 201 2

. (B) 2005

- 2006 model year engines and 1994

- 1999 model year engines by January 1, 2013

. (C) A ll engines by January 1, 2014

. (D ) After January 1, 2014

, this option expires and t he fleet mu st comply with general requirement s of section 2025(e).

(E) Fleet owners choosing this option must comply with the reporting and record keeping requirement s of section s 2025(r) and (s)

. (4) Any engine that meets PM BACT prior to J anuary 1, 2014, does not have to be upgraded to a 2010 mode l year emission s equivalent engine until January 1,

2020 at which time it must be in compl iance with the schedule set forth in Table 217

above

. To use the exem ption, f leet owners choosing this option must comply with the reporting and record keeping requirements of sections 2025(r) and (s) by January 3 1 , 2014 for the vehicles that meet PM BACT

. (5) Fleets may utilize the exemptions and extensions of section s 202 5(p) and 2025(m)

. (6) Fleets may use the extension based on the unavailability of highest level VDECS of section 2025(p)(9) for 1996 model year or newer engines.

( h ) Small Fleet Compliance Option

In lieu of initially complying with the schedule set forth in Table 2 of section 2025(g), a

fleet with a fleet size of one to three vehicles with a GVWR greater than 14,000 lbs may alternatively comply with the phase

- in schedule to meet PM BACT as specified below for the vehicles in the fleet with a GVWR greater t han 26,000 lbs from January 1, 2014 to January 1, 2016. Fleets must comply with the record keeping requirements of section 2025(s) starting January 1, 2012 and must meet the reporting requirements as specified below to utilize this option

. (1) Vehicles wi thin t he fleet shall meet PM BACT pursuant to the following schedule :

( A ) One vehicle by January 1, 2014

( B ) Two vehicles by January 1, 2015

( C ) Three vehicles by January 1, 2016

(2) Vehicles that meet PM BACT are exempt from meeting the 2010 model year emissions equivalent engine requirement s until January 1, 2020.

(3) Fleets with 1996

- 1999 model year engines must comply with the reporting requirements of section 2025(r) starting January 31, 20 12

. (4) Fleets with 2000

- 2004 model year engines must comp ly with the reporting requirements of section 2025(r) starting January 31, 20 13

. (5) All f leet owners must comply with the reporting requirements of section s 2025(r) by January 3 1, 2014

. ( 6 ) Beginning January 1, 2020, all vehicles in the fleet must comply with the 2010 model year emission s equivalent engine requirements by engine model year as set forth in Table 2 of section 2025(g)

. (7) This option is not available to divisions within a company or subsidiaries under common ownership and control that have a combined fleet size greater than three.

(8) Fleets using this option may also utilize the exemptions and extensions in section 2025( m) and 2025(p ).

(9) Fleets may use the extension based on the unavailability of highest level VDECS of section 2025(p)(9) f or all engine model year s in the fleet.18

( i ) Phase

- in Option

In lieu of initially complying with the schedule set forth in Table 2 of section 2025 (g), fleets may alternatively comply with the phase

- in schedule of this section for the

vehicles in the fleet with a GVWR greater than 26,000 lbs from January 1, 2012 to January 1, 2016

. (1) Beginning January 1, 2012, fleets electing this option must meet the PM BACT requirements pursuant to the schedule set forth in Table 3 below and then comply with the requi rements of section 2025(g) starting January 1, 2020

.

Table 3: Phase

- in Compliance Schedule for Vehicles with GVWR greater than 26,000 lbs

Compliance Date as of January 1 Percent of Fleet Complying with

PM BACT

2012 30%

2013 60%

2014 90%

2015 90%

201 6 100%

2020 All vehicles must comply with section 2025(g)

(2) If the calculated number of engines 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 fract ional part of the required number of engines is equal to or greater than 0.5, and round down if less than 0.5.

( 3 ) Vehicles in which public funds contributed to the purchase of the vehicle, repower or the engine

, or retrofit of the engine must not be inclu ded when determining compliance with PM BACT

, unless allowed by the funding program guidelines applicable to the particular source of public funds used for the purchase , n or shall

the engine be include d in the total fleet for purposes of determining the pe rcent complying with PM BACT.

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

. (5) Fleets complying with this option may also use the credi ts of section 2025(j), the agricultural provisions of section 2025(m), the exemptions, delays, and extensions of sections 2025(p).

(6) Fleets may use the extension based on unavailability of highest level VDECS of section 2025(p)( 9 ) f or all engine model y ears

.19

( j ) Credits for Fleets that have Downsized, Early PM Retrofits

, Hybrid Vehicles

, Alternative Fueled Vehicles

, Vehicles with Heavy

- Duty Pilot Ignition Engines

, and

E arly Addition of Newer Vehicles

Fleets can take advantage of credits that reduce the number of vehicles with a GVWR greater than 26,000 lbs that must meet the PM BACT requirements in the phase

- in option of section 2025(i) as described in items (1) to (3) below , and does not apply to

school buses.

(1 ) Credit for Fleets that have Downsized

Until January 1, 2016, a fleet that has fewer vehicles with a GVWR greater than 26,000 lbs operating in the compliance year than in the 2006 baseline fleet may claim a credit towards compliance with the phase

- in option of section 2025(i) for that year.

(A )

. The fleet owner may reduce the percent requirement in Table 3 of section 2025(i) by the same percent that the fleet was downsized. For example, a

fleet that has 20 percent fewer vehicles operating in 2006 would be able to subtract 20 percent from the a nnual compliance requirement. That is, if the compliance requirement for the year is 30 percent, the fleet would only need to demonstrate that 10 percent of the existing fleet (30%

- 20%=10%) met PM

BACT.

(B) A vehicle that is 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 compliance year and

a. Either a certificate of non

- operation has been issued by the DMV

or a request for a non

- operation certificate has been filed with DMV prior to the beginning of the compliance year ; or

b. An equivalent certificate has been issued by another state or a request for such a certificate has been filed with the state prior to the beginning of the compliance year; or

c. The vehicle is not operated for any purpose during the compliance year except to demonstrate functionality of the vehicle to potential buyers, to move the vehicle short distances for maintenance, or to a storage facility while awaiting sale.

(C) The fleet util izing this provision must comply with the reporting requirements

of section 2025(r )(12) for low

- use vehicles and report information for all

vehicles in the 2006 baseline fleet per section 2025(r)(13)

. (D) For purposes of determining the credi t, all vehicl es in the scope and applicability section 2025(b), except school buses, must be included in calculating the number of vehicles in the 2006 baseline fleet and in the fleet during the compliance year and all vehicles exempt from the regulation in

section 202 5(c) must be excluded. The number of vehicles calculated at the beginning of the compliance year will include v ehicles that are partially paid for by state fund s, all drayage trucks , and all on

- road vehicles that are now subject to the title 13, section 2 449

.20

(2) A fleet shall receive a credit to treat another vehicle with a GVWR greater than
26,000 lbs as m eeting the PM BACT requirements of section 2025(i) until January 1, 2017 for the following items as described below in 2025(j)(2) (A) to 2025(j)(2) ( C )

. (A ) Credit for Early PM Retrofit

A credit will be granted for each vehicle, with a GVWR greater than 14,000
lbs, that is equipped with the highest level VDECS for PM by July 1, 2011.

The fleet may receive a credit for each vehicle for which the h ighest level

VDECS has been ordered and paid for

, or for which a t least a 2 0 percent deposit has been paid, by May 1, 2011 and the VDECS is installed by

October 1, 2011. The fleet owner must meet the reporting requirements of section 2025(r)(13) by January 31, 2 012 to claim the credit and must meeting the record keeping requirements of 2025(s) to document the VDECS purchase and installation

. (B) Credit for Hybrid Vehicles, Alternative Fueled Vehicles, and Vehicles with Heavy

- Duty Pilot Ignition Engines

Credit wil l be granted for each vehicle with a GVWR greater than 26,000 lbs

tha t is a fuel efficient hybrid vehicle

, an alternative fueled vehicle

, or a vehicle powered by a heavy

- duty pilot ignition engine that is added to the fleet before

J anuary 1, 2017

. The fle et owner must meet the reporting and record keeping requirements of section 2025(r) and 2025 (s) for the vehicle by January 31 of the compliance year to use the credit. V ehicles with a GVWR between 14,000 lbs and 26,000 lbs may also earn a credit if added to the fleet prior to July 1, 2011 and information is reported by January 31, 2012

. Any alternative fueled engine or vehicle powered by a heavy

- duty pilot ignition engine must be counted when determining the number of vehicles in

the fleet.

( C ) For the sa me owner, e xcess PM VDECS credits granted in the Off

- road regulation (title 13, CCR section 2449) may be used in the Truck and Bus regulation and e xcess PM VDECS credits granted in the Truck and Bus regulation may be used in the Off

- road regulation until J anuary 1, 2017. Starting January 1, 2017 no credits may be transferred between the regulations.

1. Excess PM VDECS credits earned in the Truck and Bus regulation will

be determined for each compliance year. T he a nnual excess PM

VDECS credits are determine d by counting the number of Level 3 PM

VDECS filters and 2007 model year and newer engines that meet PM

BACT in the fleet that exceed the minimum number required to meet

the PM BACT percentage of section 2025 ( i ) without accounting for the credits specified in sections 2025 (j)(2 )( A ) and 2025(j)(2) ( B )

, and 2025(j)(3) . The number of E xcess PM VDECS credits cannot exceed

the number of Level 3 retrofit VDECS in the fleet. Excess PM VDECS

credits can be used in the Off

- R oad regulation according to section (title 13, CCR section 2449 .1(b) )

.21 2. For e ach compliance year, e xcess PM VDECS credits earned in the

Off

- r oad regulation may be applied as a credit that would treat another vehicle with a GVWR greater than 26,000 lbs in the Truck and Bus regulation section 202 5 as compliant in the compliance year when determining compliance with the phase

- in option of section 2025(i)

.
3

. Fleets must meet the reporting requirements of section 2025(r)(27) to

utilize e xcess PM VDECS credits.

(3) Credit for Early Addition of Ne wer Vehicles

The fleet shall receive credit for the addition of a vehicle that has a propulsion engine that is equipped with an OEM diesel particulate filter before January 1, 2012 if the average age of the propulsion engines in the fleet is newer

than it was in 2006. Until January 1, 2017, the credit can be applied towards meeting the PM BACT requirements of the phase

- in option of section 2025(i).

(A) The credit is a percentage that will be calculated as 5 times the difference in

the average age of the 20 06 baseline fleet and the average age of the fleet in the compliance year , where :

1. The average age of the fleet in 2006 is calculated as 2007 minus the average age of the engine model years in the 2006 baseline fleet.

2. For vehicles that were in the 200 6 baseline fleet and are no longer in the fleet as of January 1, 2012, the vehicle model year minus 0.5 will be used in lieu of the engine model year, unless the fleet has documentation demonstrating the engine model year and engine family.

3. The fleet ow ner may retain the credit after 2012 if the fleet average age stays the same or newer than it was on January 1, 2012, otherwise the

credit will be recalculated.

4. Vehicles that use the exemption for low

- use vehicles of 2025(p)(4 ) may be excluded in deter mining the credit.

(B) The credit cannot exceed the percentage of the fleet that has 2007 model year or newer engines that meet PM BACT.

(C) The credit shall reduce the PM BACT requirement of the phase

- in option in section 2025(i) for the applicable compli ance year

. (D) Th e fleet owner must meet the reporting and record keeping requirements of section 2025(r) and (s) by January 31, 2012

. ( 4 ) Credits specified in sections 2025(j)(1) through 2025(j)(3) will not be given for vehicles that were purchased by the fleet or retrofitted to comply with any other

California in

- use regulation. Credits will also not be given for partially state funded vehicle replacements or retrofits according to the funding program guidelines applicable to the particular source of pub lic funds used for the purchase

. Credits

are only valid for as long as the vehicle for which the compliance action has been

taken remains operational in the fleet or i f replaced within 30 days with a vehicle22

equipped with an engine that meets PM BACT and is at least one model year

newer

. ( 5 ) C redits are not transferrable except with appropriate documentation of a change of

business form approved by the Executive Officer such as sole proprietorship to partnership

, partnership to corporation, mergers or acqu isitions of the entire company and fleet of vehicles , or for changes such as from estate tax or inheritance tax planning

.

(k) Requirements for School Buses

This section applies to diesel

- fueled school buses as defined in section 2025(d) (53) with a GVWR g reater than 14,000 lbs

. (1) Phase

- in Requirements for School Buses

Fleets with school buses manufactured on or after April 1, 1977 must comply with PM BACT as defined in section 2025(d) (48) , pursuant to the schedule set forth in

Table 5 below.

Table 5 : Compliance Schedule for School Buses

Compliance Deadline, as of January 1 Percent of Fleet Complying

with PM BACT

2012 33%

2013 66%

2014 100%

(2) Credit for School Bus Fleets that have Downsized

(A) Until January 1, 2014, a fleet having fewer school buses on January 1 of the compliance year than it had in the 2006 baseline year may reduce the percent requirement in Table 5 by the same percent age that the fleet has

downsized.

For example, a fleet that is 20 percent smaller than it was in 2006 would

su btract 20 percent from the annual compliance requirement. If the compliance requirement for the year is 33 percent, the fleet would need to demonstrate that it had PM filters on the 13 percent of the existing fleet (33%

- 20%=13%).

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

(3) Credits for Hybrid School Buses, Alternative Fueled School Buses, Electric School
Buses, and School Buses with Pilot Ignition Engines

Fleets with fuel efficient hybrid school buses, alternative fueled school buses, electric school buses, or school buses with pilot ignition engines shall r eceive a23

credit to treat another school bus in the fleet as compliant 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 C alifornia

in

- use regulation. This credit is not available if state funds were used to partially or totally replace or retrofit any school bus unless allowed by the guidelines of the program that funded the bus replacement or retrofit.

(4) Extension of De adline for Unavailability of VDECS

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

the school bus owner must:

(A) R ecord and submit to the Executive Officer the information listed in section 2025(k)( 4 )(B) through (E) by Januar y 31 of the applicable compliance year through January 31, 2017. By January 1, 2018, this extension expires and

all school buses using this extension must be replaced with vehicle s that are equipped with a 2010 model year emissions equivalent engine or wi th one that complies with the BACT compliance schedule (i.e., a 1998 model year engine or newer school bus equipped with the highest level VDECS for PM )

. (B) D escribe the reason s that a compliance extension is needed for each engine or engine

- vehicle combi nation annually.

(C) If d uring the warranty period the VDECS would void the engine warranty, provide a statement from the engine manufacturer, authorized engine dealer,

or vehicle dealer that explains why the warranty would be voided

. (D) If no verified VD ECS is commercially available, provide a list of VDECS manufacturers that have been contacted and the manufacturers’ responses

to your request s 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, provide a statement from the

VDECS manufacturer or authorized VDECS installer

. (5) Low

- use School Buses

(A) School buses operating fewer than 1,000 mil es during any compliance year are exempt from the r equirements of section 2025(k), but fleet owners must comply with the record keeping requirements of section 2025(s)(3). Such vehicles must have a properly functioning odometer installed at all times.

(B ) A fleet owner of a school bus that exceeds 1,000 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 section 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.

(6) Any school bus manufactured before April 1, 1977, must be retired from service no later than January 1, 2012

.24

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

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

(9) Section 2025(c)( 9 ) exempts s chool buses meeting the definition in section 2025(d)(36) of a historic vehicle

. (10) Owners of school buses are subject to the record keeping requirements in section 2025(s)(3).

(11) Owners of school buses are subject to the applicable requirements of sections 2025(t) through 2025 (z).

(12) Owners of school buses have the option to delay the requi rement to meet PM

BACT for 1988

- 1993 model year engine school buses until January 1, 2014.

( l ) Requirements for Drayage Trucks and Utility Vehicles

( 1 ) Drayage trucks that are subject to the Drayage Truck regulation may be included in the fleet for purpos es of determining compliance with the PM BACT requirements of the phase

- in option i n section 2025 (i) only if all drayage trucks in

the fleet are included.

(2) Starting January 1, 2023 , all drayage truck owners must comply with the requirements of sectio n 2025(e).

(3) Drayage trucks may not be used to earn additional credits in section 2025(j) or

e xemptions and extensions in section 2025( p ).

(4) Starti ng January 1, 2021 , all private utility vehicle owners must comply with the requirements of section 2025( e).

( m) Requirements for Agricultural Fleets

Beginning January 1, 2011, agricultural vehicles shall be exempt from the requirements

of sections 2025(f) , 2025(g), 2025(h) or 2025(i) if they meet the definition of an agricultural vehicle and remain below th e applicable mileage limits for the period specified. Vehicles meeting the specialty vehicle definition would have no mileage restrictions. Fleets must comply with the reporting and record keeping requirements of

section s 2025(r) and 2025 (s)

.25

(1) Beginni ng January 1, 2011 through January 1, 2017, any vehicle meeting the definition of an agricultural vehicle

, as defined in section 2025(d)(5)

, that remains

below the annual mileage limits in Table 6 below are exempt from the requirements of section 2025(f) a nd (g).

Table 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 exceed ed 10,000 miles per year in a calenda r

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, 2023 , so long as they do

not exceed 10,000 mile s in a calendar year

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

(4) A qualifying agricultural vehicle must be operational, functional, abl e to start without assistance, and be able to move under its own power. Vehicles that are being used for parts do not qualify as an agricultural vehicle subject to section 2025(m)

. (5) Within 30 days of replacing a qualifying agricultural or specialty ag ricultural vehicle, the agricultural fleet owner must report the required information in section 2025(r)(1 4 )( I ).

(6) The maximum number of qualifying agricultural vehicles 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)(1 4 ). This number shall not increase from one year to the next.

(7) An agricultural vehicle may be replaced by another vehicle so long as the replacement vehicle is equipped with an engine that is at le ast one model year newer than the engine in the vehicle that it replaced and the original vehicle is scrapped, rendered inoperable, sold out of the agricultural fleet, or no longer

meet s the definition of an agricultural or specialty agricultural vehicle. Th e replace ment vehicle must be reported within twelve months of the vehicle being replaced or by January 31 of following compliance year whichever is longer

. This requirement does not apply if just the engine is being replace d and not the entire

vehicle

. (8 ) When a qualifying agricultural vehicle is replaced, the sum of the miles accrued on the original vehicle in that calendar year, up to the time of replacement, plus the mileage accrued on the replacement vehicle for the remainder of the calendar year26

(beginning with the date of replacement) must remain below the mileage thresholds based on the model year of the engine in the replacement vehicle.

(9) A merger of two or more agricultural fleets may not result in more agricultural vehicles after the merge r occurs than the sum of the agricultural vehicles in the individual agricultural fleet s included in the merger.

(10) The agricultural vehicle exemptions are not transferrable except with appropriate documentation of a change of business form approved by t he Executive Officer such as sole proprietorship to partnership, partnership to corporation, mergers or acquisitions of the entire company and fleet of vehicles, or for changes such as

from estate tax or inheritance tax planning.

(1 1 ) Requirements for spec ialty agricultural vehicles

(A) Specialty agricultural vehicles, as defined in section 2025 (d) (54)

, are exempt

from the requirements of sections 2025 (f)

, 2025(g) , 2025(h) and 2025(i)

, until January 1, 2023

. (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 vehicles operating in the San Joaquin Valley Air Basin does not exceed 1,100, and

2. The total number of specialty agricultural vehicles in the state does not

exceed 2,200.

(C) If more vehicles are reported than allowed by the limits, the Executive Officer will randomly approve one vehicle per eligible fleet until all fleets have one approved vehicle, then randomly approve another vehicle for the remaining eligible fleets until they all have one more vehicle approved. Vehicles will continue to be approved in this manner until the limits have been met. Vehicles reported by March 31, 2010

, will be given priority should the limits

id entified in section 2025(m) (11) (B) above be exceeded.

(D) All vehicles with the body types described in section 2025 (d) (54) that have not been approved must meet the requirements of section 20 2 5 (e) or the agricultural provisions of section 2025 (m)

.

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

as a s pecialty agricultural vehicle.

(E) A fleet that replaces an agricultural specialty vehicle will not affe ct t he number of approved specialty vehicles in the fleet so long as the replacement

vehicle meet s the specialty vehicle body type and use requirements.

(1 2 ) Optional Phase in for Log Trucks

Beginning January 1, 201 2 , fleets with log trucks as defined in s ection 2025(d)( 3 9 )

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 in27

sections 2025( g ) or 2025(i) and may not use a different compliance option for the

fleet of lo g trucks identified as utilizing this option

. ( A ) Fleet owners may phase in 2010 model year emission equivalent engines according to the com pliance schedule shown in Table 7

. ( B ) If the calculated number of engines required to be brought into compliance

w ith 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 than 0.5, and round down if less than 0.5.

( C ) The number of log trucks a nd qualifying agricultural vehicles cannot exceed

the number of vehicles in the fleet as of J anuary 1, 20 09

. ( D ) The total number of qualifying log trucks cannot incre ase from one year to

the next.

( E ) Fleets utilizing the optional phase

- in for log truck p rovision must comply with the reporting requirements o f section 2025( r ) for all log trucks

. ( F ) Qualifying l og trucks may not utilize any of the credits of section 2025(j) or

any of the extensions or exemptions of section 2025( p )

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

Table 7 : Compliance Schedule for the Log Truck Phase

- in Option

Compliance

Deadline as of January 1 Percent of Total

Fleet with 2010

Model Year

Emissions Equivale nt Engines

2012 0%

2013 0%

2014 10%

2015 20%

2016 30%

2017 40%

2018 50%

2019 60%

2020 70%

2021 80%

2022 90%

2023 100%28

(1 3 ) Labeling Requirements for Agricultural Vehicles and Log Trucks

(A) Within 30 days of the reporting date , f leet owners must permanently affix or paint

an identification label on each vehicle that utilizes the agricultural provision or the log truck phase

- in option of section 2025(m) according to the following specification:

1. The letters AG shall be white block lettering on a black background.

Both l etters shall be at least three inches high on a five by eight inch background

, 2. The label shall be located on the left and right door of the vehicle and in

clear view at all times

.

(n) Requirements for Single

- Engine and Two

- Engine Sweepers

(1) Two

- engine sweepers with auxiliary engines 50 hp or 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 s equivalent engine like other vehicles

, and t he auxiliary engines must meet PM BACT as follows:

(A) Th e auxiliary engine is required to meet PM BACT when the propulsion engine is first required to meet PM BACT or to be upgraded to a 2010 model year emissions equivalent

. The auxiliary engine is not re quired to be replaced or upgraded if it meets PM BACT. The reporting requirements of 2025(r)(17) must be met unless the fleet complies with the mod el year schedules of 2025(f) or 2025(g).

(2) Regardless of fleet size, t wo

- engine sweepers with Tier 0 auxil iary engine s , 50 hp

or greater

, may not operate more than 450 hours per year starting January 1, 201 0

until January 1, 201 4 and no more than 100 hours per year thereafter. T he fleet

owner must meet the reporting requirements in 2025(r)(17) for sweepers wi th Tier 0 auxiliary engines

. (3) Labeling Requirements for Two

- Engine Sweepers with Tier 0 Auxiliary Engines

(A) Within 30 days of the reporting date, f leet owners must permanently affix or paint an SW identification label on each two engine sweeper that has a Tier 0 auxiliary engine acc ording to the following specification:

1. The letters SW shall be w hite block lettering on a black background.

Both l etters 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 in

clear view at all times. (4) For purposes of determining the downsizing credit of section 2025(j)(1), fleets with street sweepers may also include all single

- engine and two

- engine street sweepers

wit h a GVWR from 14,001 lbs to 26,000 lbs in the 2006 baseline fleet and in the fleet for the compliance year. To use this option the fleet must meet the same reporting and record keeping requirements for these lighter street sweepers as is required for heavi er vehicles.29

(o) Requirements for a New Fleet and Change s in a n Existing Fleet

(1) New Fleet Requirement s

. Owners of n ew fleets must m eet the requirements of

section 2025 (e) immediately up on purchasing vehicles subject to the regulation or bringing such vehicles into the State of California fo r the first time after January 1,

201 2

. New fleets meeting the requirements of sections 2025(h) or 2025(i) must report vehicles subject to the regulation to ARB within 30 days of purchasing or bringing such vehicles into the State, in accordance with the requirements in

section 2025 (r)

. (2) Change s in a n Existing Fleet

(A) Adding Vehicles to a n Existing Fleet

. Unless the vehicle is a 2007 model

year or newer engine that meets PM BACT, a fleet may not operate a newly

added vehicle or operate a vehicle that was previously reported as non

operational in California, unless the fleet as newly constituted complies with the requirements of section 2025(e) and must within 30 days of adding the vehicle, file a report with the Executive Officer that it has added a new

vehicle , and demonstrate that the fleet , as newly constituted, complies with the requirements of section 2025 (o)(2) (C) below. I f the vehicle added can comply by meeting PM BACT, the vehicle may be operated within 30 days of adding the vehicle to the fleet, solely for the purpose of hav ing the vehicle’s exhaust temperature data logged.

(B) Removing Vehicles from a n Existing Fleet . If a n existing fleet owner meets the requirements of the compliance options other th an that of section 2025(f) or 2025(g) when a vehicle is removed from the fleet, it must file a report with

the Executive Officer that it has removed a vehicle and demonstrate that the fleet, as newly constituted, will compl y with the requirements of

sectio n 2025( o )(2) (C) within 30 days of remov al of the vehicle.

(C) Compliance R equirements for a n Existing F leet that has Changed

1. A fleet owner who elects to utilize the phase

- in option of section 2025 ( i ) or uses the extensions, delays, and extensions of se c t ion 2025(p) may not add or remove vehicles that cause the percentage calculated for the fleet to fall below the percentage required for the previous compliance

date.

2

. The addition of vehicles with 2007 or newer model year engines that

meet PM BACT need not be reported until the next compliance date unless;

a. the addition will cause a fleet to increase its size to greater th an three vehicles ; or

b. a fleet is utilizing the credit for fleets that have downsized of

s ection 2025 (j)(1)

3. A fleet owner of a vehicle that formerly qualified for any of the compliance extensions or exemptions granted in section 2025(p) but whose status has changed so that it no longer meets the applicable30 definition, must immediately bring the fleet into compliance with requireme nts of section 2025(e) for the immediately preceding compliance date , and must notify the Executive Officer of the change in status within 30 days from the date of the change.

(p) Exemptions , Delays, and Extensions

(1) Vehicles used Exclusively in NOx E xempt Areas

This section applies to vehicles that are used exclusively in NOx exempt areas as defined in section 2025(d)(46) when operating in California

. The fleet owner must

meet the record keeping requirements of section 2025(s) and meet the reporting

r equirements as specified below

. (A) Any vehicle with a GVWR greater than 14,000 lbs that is used exclusively in NOx exempt areas shall meet PM BACT but may be exempt from meeting the 2010 model year emissions equivalent requirements of section 2025(f) or 2025(g) if the vehicle meets PM BACT by the compliance date that the engine would otherwise be required to be upgraded to a 2010 model year emissions equivalent engine

.

1. The fleet owner must report information about the vehicle to demonstrate the engine has met PM BACT as specified in section 2025(r) but does not need to report after the initial reporting, as long as the vehicle continues to meet the requirements for the exemption

, and ;

2. T he fleet owner must either meet the electronic tracking and repor ting require ments o r the vehicle labeling requirements as specified in section 2025(p)(1)(C).

(B) Until January 1, 2014, vehicles with a GVWR greater than 26,000 lbs that are used exclusively in NOx exempt areas shall be exempt from meeting the requirement s of section 2025(g), 2025(h) or 2025(i) and must be brought into compliance with PM BACT from 2014 to 2016 as follows:

1. The fleet of vehicles with a GVWR greater than 26,000 lbs including vehicles that operate exclusively in the NOx exempt areas, except for

low

- use vehicles must meet the following phase

- in schedule set forth in

Table 8 below . Rounding will be done by the same method as

describe d for the phase

- in option of section 2025(i)(2).

Table 8: Compliance Schedule for NOx Exempt Area Fleets

Co mpliance Deadline, as of January 1 Percent of Fleet Complying

with PM BACT

2014 33%

2015 66%

2016 100%31 2. T he fleet owner must meet the reporting requirements of section 2025(r) to use this compliance ex emption , and must either meet the

electronic trac king and reporting requirements or meet the vehicle labeling requirements as specified in section 2025(p)(1)(C) for any

vehicle that uses the exempt ion

.
3

. The fleet owner must meet the reporting requirements of section 2025(r) for all the vehicles in the fleet

.

4

. A fter the fleet owner reports compliance with PM BACT for every vehicle in the fleet, reporting is no longer required for the NOx exempt

area vehicles

.

5

. Beginning January 1, 2020, all vehicles must comply with the requirements of section 2025( g) except for vehicles that meet the requirements for an exemption as specified in section 2025(p)(1)(A)

above.

6. Fleet owners may use the ex tension of section 2025(p)(9 ) for any

vehicle that operates exclusively in the NOx exempt areas if the highest

le vel VDECS is unavailable.

( C ) For each compliance year the exemptions are used

, the fleet owner must

meet the electronic tracking and reporting requirement s of section 2025(r)(16)(A)2, or must label the vehicle by permanently a ff ixing or painting

an identi fication label on the vehicle according to the following specification:

1

. 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.

2

. The label shall be loc ated on the left and right door of the vehicle and in

clear view at all times.

( D ) Vehicles that use the NOx exempt areas exemptions 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.

(2) Extension for Low

- Mileage Construction Trucks

Beginning January 1, 2012, fleets with low

- mileage constructi on trucks as defined in section 2025(d)(40) may opt to have a limited number of low

- mileage construction trucks in the fleet comply by meeting all of the requirements as set forth below and do not need to include such vehicles in meeting the fleet requirem ents of sections 2025(g) through (i)

. (A) Beginning, January 1, 2012, up to ten low

- mileage construction trucks in the fleet may use the extension. Fleets electing this option must meet the PM BACT requirements for the qualifying low

- mileage construction trucks pursuant to the schedule set forth in Table 9, and then comply with the requirements of section 2025(g) starting January 1, 2020

. Rounding will be32 done by the same method as describe d for the phase

- in option of section 2025(i)(2).

(B) A one truck ow ner with a low

- mileage construction truck must meet PM BACT by January 1, 2016

. (C) If fewer than 9,000 trucks use the extension in 2012, then the Executive Officer will approve additional trucks for the extension by approving one additional extension per fleet owner in a series of rounds until 9,000 trucks have been identified as using the extension. A random selection process will be used to assign extensions that cannot be distributed equally among fleet

owners.

Table 9: Compliance Schedule for Fleets with Low

- Mileage Construction

Trucks

Compliance Deadline, as of January 1 Percent of Fleet Complying

with PM BACT

2014 33%

2015 66%

2016 100%

(D) F leets that have low

- mileage construction trucks and other vehicles with a GVWR greater than 26,000 lbs

, except low

- use vehicles, m ust demonstrate that the combined fleet meets the phase

- in schedule of Table 9 and, if so, the

low

- mileage construction vehicles in the fleet qualifying for the extension under sections 2025(p)( 2 )(A) and (C) above may delay having to comply with

PM BACT until as late as 2016.

(E) Fleets may use the extension based on unavailability of highest level VDECS of section 2025(p)(9) for low

- mileage construction trucks.

(F) Fleet owners using this provision must comply with the reporting a nd record keeping requirements of sections 2025(r) and (s) beginning January 31, 2012.

(G) A low

- mileage construction truck that has been approved for the extension may be replaced by another truck and continue to qualify for the extension if the replaceme nt truck has a 1996 model year or newer engine, and the miles traveled after it is placed in service combined with the miles traveled by the original vehicle stays below the annual mileage threshold. The replacement vehicle must be placed in service withi n one year of removing the original vehicle from the fleet or by the next compliance date, whichever is longer

. (H) Labeling Requirements for Low

- Mileage Construction Trucks

1. By January 31, 2012, fleet owners must affix or paint an identi fication

label o n up to ten low

- mileage construction truck s and within thirty days after notification that any additional trucks have been approved as

follows:33 a. The letters CT shall be white block lettering on a black background. Both letters shall be at least three in ches 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.

(I) Low

- mileage construction truck exemptions are not transferrable except with appropriate documentati on of a change of business form approved by the Executive Officer such as sole proprietorship to partnership, partnership to corporation, mergers or acquisitions of the entire company and fleet of vehicles, or for changes such as from estate tax or inherit ance tax planning.

( 3 ) Unique Vehicle Extension

– Until January 1, 2017 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 in

sec tion 2025(f) and 2025(g) i f by January 1, 2014, a VDECS wa s not available for

the engine and a used vehicle or suitable cab and chassis that performs a similar

function with a 2010 emissions equivalent engine is not available 6 m onths prior to

the 2010 emi ssions equivalent engine compliance date

. For the extension to be considered the fleet must apply for the extension 4 months prior to the compliance

date that the engine is required to upgrade to a 2010 model year emissions equivalent engine

. ( 4 ) Exemption for Low

- Use Vehicles

(A) Low

- use vehicles as defined in section 2025(d)(41) are exempt from the requirements of section 2025 (e) but the owner must meet reporting and record keeping requirements in accordance with sections 2025 (r) (12) and

2025 (s)

.

1. To be considered a low

- use vehicle, the fleet owner must submit engine operation data from a properly functioning odometer or hubodometer

and non

- resettable hour

- meter

.

2. A vehicle is also considered to be a low

- use vehicle if it is not driven for

the entire compliance year and either a planned non

- operation

certificate or a certificate of non

- operation has been filed with the DMV or, an equivalent certificate has been filed with another state prior to the beginning of the compliance year. The vehicle must n ot be operated for any other purpose during the compliance year except to demonstrate functionality of the vehicle to potential buyers, to move the vehicle short distances for maintenance, or to a storage facility while awaiting sale

.
3. Low

- use vehicles n eed not be included when determining compliance with the small fleet complian ce option of section 2025(h) or the phase

- in option of section 2025(i).

(B) Vehicles used both as an emergency support vehicle as defined in

se ction 2025 (d) (2 3 ) , and for other pu rposes, do not need to consider the hours of operation or mileage the vehicle accrues when used for emergency operations in determining whether the vehicle meets the definition of a low

-34 use vehicl e , but the fleet owner must report information about the eme rgency hours of operation or mileage as specified in section 2025(r)(15)

. )

, (C) Vehicles that formerly met the low

- use vehicle definition, b ut whose use

increases above the specified limits, must immediately be brought into compliance as specified in se ction 2025(o)(3).

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

(A) Until January 1, 2021, a fleet owner that obtain s a three

- 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 three day period per calendar year

, provided the information required in section 2025(r)( 7 ) is filed

with the Executive Officer at least three days prior to the vehicle’s planned

use in California

. (B) A three

- day pass mu st be obtained from the Executive Officer either online, email, or by fax. Prior to operating within California, the fleet must obtain written approval from the Executive Officer, which must be carried within the

vehicle. 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 in the calendar year. If the Executive Officer fails to respond to the request by the date of the vehicle’s planned entry into the state, the vehicle may operate in California for the requested three

- day period, but if the vehicle’s operator fails to present documentation to ARB enforcement personnel, upon requ est, that it has filed a request for a three

day pass and qualifies for operating in the state, the fleet may be cited and subject to penalties.

( 6 ) Exemption for Vehicles Awaiting Sale

– Vehicles in the possession of dealers, financing companie s, or oth er entities t hat do not i ntend 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 potential buyers or to move short distances while awaiting sale for pu rposes such as maintenance or storage , are exempt from all r equirements in section 2025

. ( 7 ) Exemption for Vehicles Used Solely on San Nicolas or San Clemente Islands

- Vehicles used solely on San Nicolas or San Clemente Islands are exempt from all require ments in section 2025. If the land use plans for the islands are changed to allow use by the general public of the islands, this exemption shall no longer be applicable.

( 8 ) Compliance Extension for Emissions Control Device Manufacturer Delays

- An

owne r who has purchased

, or has entered into contractual agreement with the seller for the purchase , but has not received a VDECS

, a replacement engine , or vehicle in order to comply with this regulation will be excused from immediate compliance if the VDECS o r vehicles have not been received due to manufacturing delays as long as all the conditi ons below are met:35

(A) The fleet owner who has purchased, or has entered into contractual agreement with the seller for the purchase, at least 4 months prior to the

re quired compliance date , except in the case where a VDECS is ordered to replace a failed or damaged VDECS

, the fleet owner has purchased, or ha s entered into contractual agreement with the seller for the purchase of a replacement VDECS within 60 days of the VDECS failure.

(B) The owner has identified the vehicle to be equipped with the VDECS or replaced upon receipt of the replacement VDECS or vehicle.

(C) Proof of purchase, such as a purchase order

, down payment

, or signed contract for the sale, including s pecifications for each VDECS , must be maintained by the owner and provided to an agent or employee of ARB upon
request.

(D) The new or retrofit ted vehicles are immediately placed into operation upon receipt and any replaced vehicles are removed from servic e within 30 days.

(E) Proof of the date that the new or retrofit ted vehicles were placed into service and proof of the date that any replaced vehicles were removed from service must be maintained by the owner and provided to an agent or employee of ARB upo n request

. ( 9 ) 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, the Executive Officer may grant a

one

- year ex tension of the compliance deadline, which may be extended annually through January 1, 2017, based on an evaluation of informatio n submitted pursuant to section 2025 (r) (11) that the engine cannot be equipped with the highest level VDECS for PM provided that all other engines in the fleet are in compliance with the requirements for t he compliance year. The request must be filed 4 months prior to the compliance deadline. By January 1, 2018, any vehicle that is not equipped with the highest level VDECS for PM must be replaced with a vehicle that m eets PM BACT. The extension for unavailability of highest lev el VDECS applies to the auxiliary engines in two engine sweepers if the engine that provides motive power must meet PM BACT

. By January 1, 2018, any auxi liary engine in a two engine sweeper with a GVWR greater than 26,000 lbs that is not equipped with the highest level VDECS for PM must be replaced w ith Tier 4 off

road engine or an engine that is equipped with the highest level VDECS for PM

. The extension does not apply for engine s that are required to meet the 2010 model year equivalent requirements

. (10) Extension for Meeting PM BACT by 2014 . B y January 1, 2014, if every vehicle in the fleet with a GVWR greater than 26,000 lbs is equipped with either a Level 3 VDECS for PM or a 2007 model year or newer engine that meets PM BACT, the vehicles shall be exempt from meeting the 2010 model year emission equivalent engine requirements until January 1, 2023.

(A) Fleet owners must meet reporting requirements o f sections 2025(r) by January 31, 2014. The fleet will not need to report again after the initial36 reporting to retain the extension unless a vehicle or engine is replaced with one that has a 2006 model year or older engine.

(B) The fleet can retain the ex emption if an engine or vehicle is replaced with another one that is equipped with a Level 3 VDECS or has a 2007 model year or newer engine that meets PM BACT. The fleet must report the according to section 2025(o)(2).

(q) Special Provisions for VDECS an d Experimental Diesel Emission Control Strategies

(1) VDECS Requirements

(A) VDECS Installation . Before installing a VDECS on a vehicle, the owner must

ensure that:

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

in the Executiv e Order for the VDECS.

2. Use of the vehicle is consistent with the conditions of the Executive

Order for the VDECS.

3. The VDECS is installed in a verified configuration.

4. The engine to be retrofit ted must be in its original certified configuration

, free of excess oil consumption, must not have malfunctioning fuel delivery systems, or any other mechanical condition that may impair the proper function ing of the VDECS

. 5. The VDECS label will be visible after installation.

(B) VDECS Maintenance . If a fleet owner installs a VDECS to meet the requirements of section 2025 (e) , the VDECS must remain installed until the VDECS fails or is damaged or is replaced with a similar or higher level

VDECS . Requirements for VDECS failure or damage are in

section 20 25 (q)(2) . The owner of a vehicle retrofit ted with a VDECS must

ensure that the VDECS and engine are properly maintained as recommended by the respective manufacturers.

( 2 ) Failure or Damage of a VDECS

In the event of a failure or damage of a diesel emissi on 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 manufacturer or authorized dealer determines that it cannot be repaired, the ow ner must replace the VDECS with the same level or higher level 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 be repaired, and if the fleet could not meet an applicable target for the most recent compliance date without the failed VDECS, then within 90 days of the failure, the owner must37 replace the failed VDECS with the highest level VDECS available for the engine at time of fai lure

. (3) Fuel

- Based Strategy VDECS

(A) If a fleet owner determines that the highest level VDECS for a large percentage of the fleet would be a L evel 2 fuel verified as a diesel emission control strategy, and implementation of this VDECS would require inst allation of a dedicated storage tank, then the owner shall request prior approval from

the Executive Officer to allow use of the L evel 2 fuel

- based strategy across

its fleet

. (B) Waiver for Discontinuation of Fuel Verified as a Diesel Emission Control

Stra tegy. 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 fleet 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 waiver of up to two years to provide the fleet owner time to return to compliance with the applicable requirement s . The Executive Officer shall respond to the re quest within

30 days and grant the request upon finding that the application is complet e, outlines the compliance strategy to be used, and that all reporting requirements have been met.

(4) Use of Experimental Diesel Emission Control Strategies

(A) If a fl eet owner wishes to use an experimental or non

- verified diesel emission control strategy to support the verification of a non

- verified diesel emission control strategy , the owner must first obtain approval from the Executive Officer for a compliance extens ion. To obtain approval, the owner must demonstrate either that (1) a VDECS is not available 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 strategy.

1. The application must include the following: emissions data and a detailed description of the control technology that demonstrates that the experimental control strategy achieves at least a L evel 2 diesel PM

emission reduction

, vehicle and engine data

, and odometer 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. L evel 2 VDECS i f the application demonstrates that the strategy

achieves at least 50 perc ent reduction in diesel PM

. b. L evel 3 VDECS i f the application demonstrates that the strategy

achieves at least 85 pe rcent reductions in diesel PM.

(B) Upon approval by the Executive Officer, each vehicle engine retrofit ted with the experimental strategy will be allowed to operate for a specified time period necessary to make a determination that the experimental strategy can achieve the projected emissions reductions. The vehicle equipped with the38 experimental strategy will be considered to be in complia nce under

section 2025 (f)

, 2025(g) , 2025(h ) , or 2025(i) during the specified time period. The 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 compliance under section 2025 (f)

, 2025(g)

, 2 025(h), or 2025(i) prior to the expiration of the experimental diesel emission control strategy extension

. (5) V DECS 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) I t cannot be safely installed or operated in a particular vehicle application ; or

(B) I ts use would make compliance with occupational safety and health requirements, federal highway s afety regulations, or an ongoing local air district permit condition impossible.

If a VDECS manufacturer states that there is no safe or appropriate method of mounting its VDECS on the requesting party’s vehicle, then the VDECS will not be

considered safe. In the absence of such a declaration by the VDECS manufacturer, the requesting party shall provide other documentation to support its

claims.

Documentation may include published reports and other findings of federal, state or local government agencies, independent testing laboratories, engine manufacturers, or other equally reliable sources. The request will only be approved if the requesting party has made a thorough effort to find a safe method for installing and operating the VDECS, including vario u s locations for VDECS mounting, and use of an actively regenerated VDECS. The Executive Officer shall review the documentation submitted and any other reliable information that he or she wishes to consider and shall make his or her determination based upo n the totality of the evidence.

Upon finding that a VDECS cannot be installed without violating the safety standards pre scribed under title 8, CCR by the California Department of Industrial Relations, Division of Occupational Safety and Health, comparabl e federal or state health and safety law s where the vehicle operates, or federal highway safety laws, the Executive Officer shall issue a determination that there is no highest level VDECS available. The Executive Officer shall inform the requesting party , in writing, of his or her determination, within 60 days of receipt of the request.

Parties may appeal the Executive Officer’s determination as described in (C) and (D) below. During the appeal process described in (C) and (D) below, the requesting par ty may request the administrative law judge to stay compliance until a final decision is issued. If the 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 Off icer’s final written decision to bring his or her fleet back into compliance.39

(C) Appeals

– Hearing Procedures

1. Any party whose request has been denied may request a hearing for the Executive Officer to reconsider the action taken by sending a
request in writing to the Executive Officer. A request for hearing shall include, at a minimum, the following:

a. name of the requesting party;

b. copy of the Executive Officer’s written notification 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 statement of facts required in c. above; and

e. the signature of an authorized person r equesting the hearing

2. A request for a h earing shall be filed within 30 days from the date of

issuance of the n otice of the denial.

3. A hearing requested pursuant to this section shall be heard by a qualified and impartial hearing officer appointed by t he Executive Officer. The hearing officer may be an employee of the ARB, but may not be any employee who was involved with the denial at issue. In a request for reconsideration, the hearing officer, after reviewing the request for hearing and supporting documentation provided under paragraph 1.d . above, shall grant the request for a hearing if he or she finds that the request raises a genuine and substantial question of law

or fact.

4. If a hearing is granted, the hearing officer shall 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 establish a hearing file. The file shall consist of the following:

a. the determination issued by the Executive Officer which is the subject of the request for hearing;

b. the request for hearing and the supporting documents 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 re questing party’s original claim; and

d. correspondence and other documents material to the hearing.

6. The hearing file shall be available for inspection by the applicant at the office of the hearing officer.

7. An applicant may appear in person or be represented by counsel or by any other duly

- authorized representative.40 8. The ARB may be represented by staff or counsel familiar with the regulation and may present rebuttal evidence.

9. Technical rules of evidence shall not apply to the hearing, exce pt that relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs. No action shall be overturned based solely on hearsay eviden ce, unless the hearsay evidence would be admissible in a court of law under a legally recognized exception to the hearsay rule.

10. Declarations may be used upon stipulation by the parties.

11. The hearing shall be recorded either electronically 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 of witnesses, authenticity and reliability of documents, and qualifications of experts. The he aring officer may also consider relevant past conduct of the applicant including any prior incidents involving other ARB programs.

13. The hearing officer’s written decision shall set forth findings of fact and conclusions of law as necessary.

14. With in 30 days of the conclusion of a hearing, the hearing officer shall submit a written proposed decision, including proposed 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 officer, to the Executive Officer. The hearing officer may recommend to the Executive 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 written decision within 60 working days of the last day of hearing. The Executive 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.

(D) Appeals

– Hearing Co nducted by Written Submission

In lieu of the hearing procedure set forth in (C) above, an applicant may request that the hearing b e conducted solely by written submission. In such case the requestor must submit a written explanation of the basis for the appeal and provide supporting documents within 20 days of making the request. Subsequent to such a submission the following shall

t ranspire:41 1. ARB staff shall submit a written response to the requestor’s submission and documents in support of the Executive Of ficer ’ s action no later than

10 days after receipt of the requestor’s submission;

2. The applicant may submit one rebuttal stat ement which may include supporting information, as attachment(s), but limited to the issues previously raised;

3. If the applicant submits a rebuttal, ARB staff may submit one rebuttal statement which may include supporting information, as attachment(s),

b ut limited to the issues previously raised; and

4. The hearing officer shall be designated in the same manner as set forth

in section 2025 (q)(5) (C) (3) above. The hearing officer shall receive all statements and documents and submit a proposed written dec ision and

such other do cuments as described in section 2025 (q)(5) (C) (13) above

to the Exe cutive Officer no later than 30 working days after the final deadline for submission of papers. The Executive Officer’s final

decision shall be mailed to the applican t no later than 60 days after the

final deadl ine for submission of papers.

5. The Executive Officer shall render a final written decision within 60 working days of the last day of hearing. The Executive Officer may do any of the following:

a. adopt the hear ing officer’s proposed decision;

b. m odify 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 requirements for the vehicles in the

fleet as defined in section 2025(d )( 2 8 ) if the owner has elected to utilize the compliance option s of section 2025(f)(4), 2 025(g)(3) , 2025(g) (4), 2025( h )

, 2025(i)

, the credit s of section 2025( j ), and the agricultural provisions of sect ion 2025( m ), single

- engine and two

- engine street sweeper provision s of section 2025(n),

extension or exemptions for vehicles used exclusively in NOx exempt areas of section 2025(p ) (1)

, and the extension for low

- mileage construction trucks of

section 2025(p )(2)

. Fleet owners that use the credit for fleets that have downsized provided in section 2025 (j)(1)and the credit for the early addition of newer vehicles provided in section 2025(j)(3) must report information for all vehicles under common ownership or c ontrol with a GVWR greater than 26,000 lbs in the 2006

baseline fleet and in the fleet for each compliance year. Except as required in section 2025(k) (4) , school buses are not required to comply with the reporting requirements.

(2) All fleet owners utiliz ing any of the credits in section 2025(j) or any of the exemptions , delays, or extensions in section 2025(p) must report according to the requirements of section 2025 (r) and maintain records according to section 2025 (s)

for all of the vehicles in the flee t as defined in section 2025(d )( 2 8 )

.42

(3) The owner of a fleet that complies by using the compliance schedule by engine model year set forth in section s 2025 (f) and 2025(g) and also utilizes the low

- use vehicle provision of section 2025( p ) (4) is only req uired to meet the reporting requirements of section 2025 (r) for the low

- use vehicles meeting the definition in

section 2025(d) (41)

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

(5) The fleet owner must notify the Executive Officer in writing by the first applicable reporting date and by January 31 of e very subsequent compliance year , if applicable

, with the name of the responsible official and the location where the

records will be k ept

, and whether any information has changed since its last reporting

. Whether the records will be kept inside or outside California, the owner

must also comply with section 2025 (t)

. (6) Each year, f leet owners subject to the reporting requirement must report on their

fleet as it was on the compliance date of the current compliance year. The fleet

owner must submit the applicable information set forth in sections 2025 (r) (5) through (10) by January 31 of each c ompliance year

. Owners must report

annual ly until the year after all of the requirements of section 2025 (f) and 2025(g)

have been completely met.

(7) Owner C ontact I

nformation : Compliance reports must include the following

information :

(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 respons ible person ;

(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 Commission (if applicable).

(8) Vehicle Information

Fleet owners must provide to the Executive Officer a list of all v ehicle s subject to

the reporting requirements along with the information listed in (A) through (S)

below for each vehicle :43

(A) Vehicle identification number ;

(B) Vehicle manufacturer ;

(C) Vehicle model ;

(D) Gross vehicle weight rating ; (E) Vehicle model year ;

(F) License plate number ;

(G) T he state, provi n ce, or country where the vehicle is or was registered and type of registration plate;

(H) Vehicle type, including w hether the vehicle is a schoolbus, ag ricultural vehicle, log truck, truck

- tractor, two

- engine sweeper, low

- mileage construction

truck or yard truck;

(I ) If the vehicle was added after January 1, 2012, the date the vehicle was added otherwise the date first reported;

( J ) Date that a vehicle was retired, sold, or scrapped after January 1, 2012;

(K) Whether the vehicle will be designated as a low

- use vehicle as defined in section 2025(d)(41) ;

(L) Whether the vehicle has been certified as non

- operational with the California Department of Motor Vehicles or equivalent documentation from the state, province, or country where the vehicle is registered and whether the vehicle will not operate in California.

( M ) Whether the vehicle is a fuel efficient hybri d vehicle as defined in

section 2025 (d) ( 3 1 ) ;

( N ) Whether the vehicle is propelled by an alternative

- fueled engine as defined in

s ection 2025 (d) ( 8 ) ;

(O) Whether the vehicle will use the extension or exemptions for vehicles used exclusively in NOx Exempt Areas in section 2025(p)(1);

( P ) Whether the f leet size is more tha n three vehicles subject to the regulation with a GVWR greater than 14,000 lbs ;

( Q ) Whether the vehicle is a log truck utilizing the Option al Phase in for Log Trucks p rovision in section 2025( m ) (12 ); (R) Whether the vehicle is a low

- mileage construction truck that will use the

extension for low

- mileage construction trucks specified in section 2025(p)(2) ; and (S) Whether the vehicle was partially paid for with public funds, and if so, the

information about the funding contract specifie d in section 2025(r)(18)

. (9) Engine Information Reporting

Except as provided in section 2025 (r) (13)(A) below, t he following information for each engine that propels a vehicle reported per section 2025 (r) (8) and for each sweeper engine that operates auxil iary equipment must be reported to the

Executive Officer :44

(A) Engine manufacturer ;

(B) Engine model ;

(C) Engine family for all 1974 model year and newer engines ;

(D ) Fuel t ype

(E) Engine model year ;

(F) Whether the engine meets an on

- road or off

- road emis sions standard ;

(G) Whether the engine is used to propel the vehicle or to operate auxiliary equipment ;

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

(I) Whether the engine was partially paid for with public funds, and if so, the information about the funding contract specified in section 2025(r)(18)

. (10) Verified Diesel Emission Control Strategies Reporting

Except as provided in section 2025 (r) (13)(A) below, f or each VDECS that is

inst alled on an engine listed per section 2025 (r) (9)

, the fleet owner must report the following information to the Executive Officer :

(A) Description of VDECS installed ;

(B) VDECS family name ;

(C) S erial number, or experimental part number, or aftermarket p art number ;

(D) D ate installed ;

(E) If claiming early PM retrofit credits of section 2025 (j) (2)(A) and the VDECS is installed between July 1, 2011 and October 1, 2011, the fleet owner must attest to having records to document the purchase agreement and dow n payment for the VDECS by May 1, 2011 ;

( F ) Whether the VDECS was partially paid for with public funds and the information in 2025(r)(18) if partially paid for with public funds ; and

( G ) Whether the VDECS was installed on the engine to comply with another

California in

- use regulation.

(11) Reporting for Extension for Unavailability of Highest Level VDEC S

If appropriate, t he following information must be submitted to the Executive Office r with a request for an extension based on the unavailability of high est level VDECS:

(A) Owner contact information, vehicle, and engine information listed in

sections 2025 (r)(7) , 2025(r) (8) , and 2025(r) (9) ;

(B) Description of the reason for the compliance extension request for each engine or engine

- vehicle combination ;

(C) If the VDECS would void the engine warranty, provide a statement from the engine man ufacturer or authorized engine or vehicle dealer ;45

(D) If a verified VDECS is commercially available for the engine family , provide a

list of manufacturers and installers t hat have been contacted and the

response s to a request to purchase ; and

( E ) Documentati on must be submitted with the initial request and must be reported annually o n January 31 following the compliance deadlin e for each year that the owner is claiming non

- availability of the highest VDECS.

(12) Low

- Use Vehicle Reporting

For vehicles that are designated as low

- use, the fleet owner must report the following information to the Executive Officer annually for as long as the fleet owns or operates the vehicle :

(A ) Owner

, vehicle , and engine information identified in section s
2025 (r)(5) through 2025(r) (9) ;

(B) M ileage readings from a properly function ing odometer or hubodometer

taken on January 1 and December 31 of the c ompliance year . A hubodometer may be used in lieu of the odometer ;

(C) If the vehicle uses engine power as specified in 2025(d)(41) , h our

- meter readings from a properly functioning non

- resettable hour

- meter taken on January 1 and December 31 of the c ompliance year ;

(D) T he dates and readings of the odometer and non

- resettable hour

- meter readings

. In the event that the odometer is replace d, the original odometer reading and the new odometer reading and the date of replacement must be reported within 30 days the original odometer failed . In the even t that the

odometer or hubodometer is removed, the reading and date it is removed and the reading of the replacement and the date it is placed in service. If hubodometers are used, the fleet owner must report the serial number s;

(E) Upon request of an ag ent or employee of the ARB, the owner of a vehicle operating both inside and outside of California must provide records from a

electronic tracking system as defined in section 2025 (d ) (21) that can acquire date, time, engine

- on, and location data. The owne r may use other

documentation of vehicle operation and location, such as IRP records ;

(F) Whether the vehicle is used as an emergency support vehicle as defined in section 2025(d)(23); and, if so, the fleet owner must report the information in

section 2025 (r)(15) ; and

(G) Whether a planned non

- operation certificate has been filed with the DMV or, an equivalent certificate has been filed with another state prior to the beginning of the compliance year, and whether the vehicle will not be operated in the comp liance year.

(13) Credit for Fleets that have Downsized or Added Newer Vehicles Early Reporting

Fleets owners claiming credits under section 2025 ( j) must report the followin g:

(A) Fleet owners claiming credit for downsizing must report the following :46 1. F or the vehicles in the 2006 baseline fleet, v ehicle information specified

in section 2025(r)(8)(A) to 2025(r) (8) (G), and i f the vehicle was not registered with the California Department of Motor Vehicles, identify the type of records that are being kept to document proof that the vehicles drove at least 1,000 miles in California in the year 2006. Fleets that include street sweepers with a GVWR from 14,001 to 26,000 lbs for determining the credit, must identify that the vehicle is a street sweeper.

2. For the compliance year, whether the fleet has drayage trucks, on

- road vehicles subject to the off

- road in

- use vehicle regulation, and information about how many are currently in the fleet. Fleets that include street sweepers with a GVWR from 14,001 to 26,000 lbs for determining the credit, must identify that the vehicle is a street sweeper.

(B) For the 2006 baseline fleet, a f leet owner that claim s credits for adding cleaner vehicles as specified in section 2025(j)(3) must report the vehicle

information in s ection 2025 (r)(13) (A) above and the engine model year, and engine family for a ll the vehicles in the fleet as of January 1, 2012

. The fleet

owner ha s the option to report the engine information for vehicles that are no longer in the fleet if the fleet own er has records to document the engine model year and engine family

. (14) Agricultural Fleet Reporting

Until January 1, 2023, fleet owners of all agricultural vehicle s that utilize the provisions of section 2025(m), must report the following information to the Executive Officer by April 29

, 2011 and every January 31 thereafter:

(A) I nformation required in sections 2025 (r) (5) through 2025(r) (9) for v ehicles in the existing fleet and the vehicle information required in section 2025(r)(8)

items (A) to (G) for the vehicles in the fleet as of January 1, 2009 ;

(B) Whether the vehicle is a specialty agricultural vehicle or a log truck;

(C) Whether the vehicle is being added or removed from the fleet and the date of

that the vehicle is added or removed ;

(D) The vehi cle body type if one of the body types described in the definition of specialty agricultural vehicle in section 2025 (d) (54) ;

(E) If eligible to be considered for the specialty vehicle exemption , the priority status of the vehicle in case not all specialty vehicles in the fleet can be approved ;

(F) Whether the specialty vehicle will operate exclusively outside the San Joaquin Valley Air Basin ;

(G) Whether the vehicle is operated for compensation outside a farming business

owner’s farm ;

(H) Except for special ty agricultural vehicles, m ileage from a properly functioning odometer taken on January 1, 2011 and every January 1 thereafter. In the event that the odometer is replaced

, the fleet owner shall report the original47 odometer reading

, the new odometer readin g

, and the date the original

odometer was replaced . I f a hubodometer is used in lieu of the odometer , the fleet owner must also report the serial number for each hubodometer used or replaced ; and

(I) For an agricultural vehicle being replaced

, the owner, v ehicle, and engine

information set forth in sections 2025 (r)(5) through 2025(r )(9) , the mileage of

both the vehicle being replaced and added, and the date the mileage

rea ding s were taken.

(15) Vehicles used as emergency support vehicles in emergency operat ion s

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

(A) Owner, vehicle, and engine inf ormation identified in sections 2025 (r)(5) through 2025(r) (9) ;

(B) O dometer readings f rom a properly functioning odometer t o document use at an emergency event and to document travel to and from the emergency

event

. In the event that the odometer meter is replace d , the fleet owner shall
report the original odometer reading and the new odom eter reading and the

date that the original odometer was replaced

. If a hubodometer is used in

lieu of an odometer , the fleet owner must also report the serial number for each hubodometer used or replaced. Vehicles used exclusively for

emergency use that are not authorized emergency vehicles 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, state, or federal agency or other

r esponsible emergency management entity as approved by the Executive

Officer.

(16) Reporting of Vehicles U tilizing the E xemption s, Delays, and Extensions Provision

Unless stated otherwise in section 2025(p), f leet owners utilizing the

exemp tion s, delays, an d extensions provision of section 2025( p ) must provide the following information to the Executive Officer by January 31, 2012 :

(A) Vehicles O

perating E

xclusively in NOx

- exempt areas

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

1. Owner, vehicle, engine information, and VDECS listed in

sections 2025(r)(5) through 2025(r) (10).

2. For vehicles that are n ot labeled , r ecords from a n 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 ) (21) and provide the

information listed therein

.48 3. Whether th e vehicle is labeled as specified in section 2025(p)(1)(C ).

(B) Unique Vehicle Extension

The owner must provide the following information to the Executive Officer by January 31 of each compliance year to demonstrate compliance with the requirements of sec tion 2025 (p) (3) :

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

. 2. Photos and a complete description of the vehicle and its function.

3. A complete explanation of why the vehicle qualifies as a unique vehicle.

4

. Names and phone numbers of sources contacted during the search for a replacement vehicle.

5. Letters from contacted VDEC S vendors stating that retrofit technology is unavailable for the unique vehicle.

(1 7 ) Two

- Engine Sweeper s

T he owner must provide the following information for both the propulsion and auxiliary engine to the Executive Officer by March 31, 2010 , April 29, 2011, and January 1 of subsequent compliance years to demonstrate compliance with the requirements of section 2025 (n) :

(A) Owner, vehic le, and engine information listed in sections 2025 (r)(5) through 2025(r )(10 ) ;

(B) Engine tier level of the auxiliary engine , model year, and engine family

number ; and

(C) For Tier 0 auxiliary engine s , the hours of use readings taken January 1 and

December 31 of each year starting 2010

. ( 1 8 ) Vehicles P urchased , Repowered, or R etrofitted U sing P ublic F

unds

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 credit, t he 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 infor mation listed in sections 2025 (r) (5) through 2025(r) (10) ;

(B) Date the public funding contract began ;

(C) Date the contract or emissions surplus contract period ends or ended;

(D) Program providing the funding ; and

(E)

. Information about the contract terms to de termine eligibility

.49

(19) Claiming a Three Day Pass

I nformation listed in sections 2025(r)(7) and 2025(r) ( 8) items ( A) to (G) must be provided for the vehicle and the date for which the three day period would begin

. ( 20 ) Compliance Certification

. All rep orts submitted to ARB, must be accompanied

with a certification signed by a responsible official or a designee thereof that the information reported is accurate and that the fleet is in compliance with the regulation. If a designee signs the compliance ce rtification, a written statement signed by the responsible official designating the designee must be attached to the compliance certification and submitted to the Executive Officer

. (2 1 ) Changes Since Last Reporting

– The fleet owner or responsible person must report to the Executive Officer a ny additions, removals , or changes to the fleet since the last annual report filed . Such changes shall include , among other things, changes in the fleet’s compliance option, vehicles removed from the fleet, vehicles

a dded to the fleet through purchase or by bringing into California, and vehicles newly defined as low

- use

, or recently repower e d or retrofit ted . If there are no changes, the fleet owner shall indicate there have been no changes.

(2 2 ) New Fleet Reporting

. New fleets that elect to utilize the phase

- in option s of section 2025(i) or 2025(h) must su bmit the information in section s 2025 (r) (5) through 2025(r) (9) to the Executive Officer within 30 days of purchas ing or bringing such vehicles into the State

. Beg inning 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)

. (2 3 ) Claiming Compliance Extension for Manufacturer Delays

The fleet owner must report the following information to the Executive Officer by January 31, each year to demonstrate compliance with the requirements of

section 2025 (p) (8) :

(A) The date of purchase or the date the contractual agreement for purchase of VDECS, replacement engine, or vehicle was entered ;

(B) The date the VDECS or vehicle was placed into service ;

(C) The date the existing vehicle was removed from service ; and

(D) Identification of the vehicle that was replaced.

(24 ) Reporting for a Compliance Ex tension for Fleets that Meet PM BACT per section 2025(f) or 2025(g) prior to January 1, 2014

For fleets complying using the compliance option of section 2025(f) or 2025(g), the fleet owner must provide the following information about the vehicle s that meet PM BACT prior to January 1, 2014:

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

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

(2 5 ) Reporting for Small Fleets50

For fleets complying using the phas e

- in option for small fleets of section 2025(h), the fleet owner must provide the following information about all vehicle s in the

fleet ;

(A) Owner information listed in sections 2025(r)(5) through (7); and

(B) Until January 31, 2014, the v ehicle informatio n listed in sections 2025(r)( 8 ) items (A) through(J) and starting January 31, 2014, all the i nformation listed

in sections 2025(r)(8) through 2025(r)(10).

(2 6 ) Reporting for Fleets Using Excess PM VDECS Credits

For fleets claiming Excess PM VDECS credits of section 2025(j)(2)(C ), the fleet owner must provide the following information about the vehicles prior to January 1 of the compliance year in which they want to apply it:

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

20 25(r) (9) for the vehicle that was retrofit.

(B) Information listed in section 2025(r)(10) for the VDECS ;

(C) The fleet registration identification number for the Off

- road regulation known

as the diesel off

- road online reporting system, or DOORS ID number

.

(s) Record Keeping

(1) The owner of a fleet shall maintain the following records specified in

sections 2025 (s) (3) through 2025(s)(16)a s applicable

. The owner shall provide these records to an agent or employee of the ARB within five business days upon

r equest. If the records will be kept outside California, the owner must also comply

with section 2025( t ).

(2) The owner of a fleet subject to the re porting requirements of section 2025 (r) shall maintain copies of the information reported under section 202 5 (r) , as well as the

records described in sections 2025 (s) (3) through 2025(s)(16) below

. (3) School Buses

(A) Fleet owners of school buses shall maintain records of all the information

listed in sections 2025(r)(7) through 2025(r)(10).

(B) Fleet owners usi ng the downsize credits of section 2025(k)(2) must maintain

records of all the information listed in sections 2025(r)(7) through 2025(r)(10)

for all school buses in the 2006 baseline fleet and for all school buses in the fleet on January 1 of the complianc e year that were registered. Fleet owners

do not have to have to keep engine and VDECS information that is required

under sections 2025(r)(9) and 2025(r) (10) for school buses registered on

October 1, 2006 that are no longer in the fleet

. (C) Fleet owners with low

- use buses must maintain records of all the information

listed in section 2025(r)(12) for each low

- use bus.51

(D) Fleet owners must comply with record keeping requirements for VDECS failures and maintenance as required in sections 2025(s)( 10 ) and

20 25(s) (1 4 ).

(4) 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.

(5) Agricultural Fleets

(A) Fleets utilizing the agricultural fleet p rovision must keep and make available upon request proof that all agricultural vehicles were used exclusively in agricultural operations. This may include records used to support proof to other governmental agencies that the primary business function was agricultural. Such documentation may include IRS or Board of Equalization

tax forms or bills of lading.

(B) Records must be maintained for each agricultural vehicle demonstrating that the vehicle was operational, functional and capable of performing the d uty for which it was designed. This could include maintenance records, mileage records, or licensing records, emissions testing records, or any other source of data approved by the Executive Officer

. (C) The agricultural fleet owner must keep bills of lad ing for delivery of fertilizer or crop protection products by an agricultural vehicle 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) Pr oof of transference of ownership of any qualifying agricultural vehicle that

is added to or removed from the fleet.

(E) Proof of ownership of the vehicles including title, 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 option s of section 2025(h) and section 2025(i) was operated in California for that applicable compliance year. Records could include IRP records, GPS tracking records, or D MV or law enforcement permits.

(7) Fleets that have D ownsized or h ave Added Newer E ngines E arly

– Fleets utilizing

the credit for fleets that have downsized of section 2025 (j)(1) or the credit for the early addition of newer engines of section 2025(j)(3) mu st keep the following records at the business office or terminal location identified in the reports filed with

the Executive Officer:

(A) For all vehicles in the fleet on October 1, 2006 ; a,

1. Co py of the vehicle’s registration ; or

2. Co py of the vehicle’ s ownership documentation ; and

3. Copy of documentation of the engine model year and engine family ( only if reported for claiming credit for the early addition of newer vehicles ); and52

4. If not registered with the California Department of Motor Vehicles, p roof that the vehicles in the fleet drove at least 1,000 miles in California in the year

2006

. (B) For all vehicles in the fleet on January 1 of the compliance year:

1. A c opy of the certificate of non

- operation filed with the Department of

Motor Vehicles or equivalent documentation from the state, provi n ce, or country where the vehicle is registered ; and

2. If scrapped in the previous year , a c opy of a non

- repairable vehicle certificate issued from the California Department of Motor Vehicles or equivalent documentation from the state, province, or country where the vehicle is registered

. (8) Changes Since the Last Reporting Period

(A) F or fleets complying using any of the compliance options other than section 2025(f) or 2025(g)

, must keep documentation of any additions, deletions, or changes to the fleet since the last reporting. Documentation may include

bills of sale , purchase orders, maintenance records, registration information,

or other documentation.

(B) For each vehicle removed from the fleet , a co py of the bill of sale, or other documentation showing transference of ownership from the former owner and the current owner and the date of the transaction or any other form of vehicle transference approved by the Executive Officer

. (9) Electronic Trackin g

– For fleets using electronic tracking systems as defined in

section 2025 (d ) (21) s ummary 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 vehi cle being tracked ;

(B) Monthly and annual mileage accrued in California ;

(C) Monthly and annual mileage accrued in the NOx Exempt Areas if claiming the vehicle operates exclusively in NOx

- exempt areas, and

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

(10) VDECS Failure

– Maintain r ecords of any VDECS failure and replacement including:

(A) Date of failure;

(B) Description of failure ;

(C) Description of re solution of failure ;

(D) Date of resolution of failure ;

(E) Past VDECS maintenance records; and

(F) Past engine maintenance records

.53

(11) Fuel

- based Strategy

– Documentation of any approval from ARB Executive Officer

to use a fu el strategy as in section 2 025 (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 fo r use of the experimental diesel control strategy, the test plan and test data used in the experimental diesel control strategy application, and other records as specified in the approval

. (13) Manufacturer Delay

– For any vehicle or VDECS for which the fl eet owner is utilizing the equipment manufact urer delay provision in section 2025 (p)( 8 ) , proof of purchase, such as a purchase order or signed contract for the sale, including engine specifications for each applicable piece of equipment or vehicle

. (14) Ma intenance 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 state ment signed by the installer at the time of installation of the

VDECS affirming that the installation was performed by an installer authorized by the VDECS manufacturer ;

2. The name of the company installing the device ;

3. The date the device was installe d ;

4. Description of VDECS installed ;

5. VDECS family name ;

6. S erial number of installed VDECS ; and

7

. Verification level and year of verification of the installed VDECS

. (1 5 ) Emergency Support Vehicles

– Fleet owners of e mergency support vehicles

utili zing the provisions of section 2025( p)(1) , 2025(p)( 2) or 2025(p) (4) shall keep

r ecords to document dispatch by a local, state, or federal agency or other responsible emergency management entity as approved by the Executive Officer.

(16) Low

- use Vehicles

– Fleet owners of low

- use vehicles that exceed 1,000 miles per year shall ;

(A) K eep records of electronic tracking per section 2025(s)(9),

(B) K eep records of dates and the odometer readings when the vehicle leaves

and returns to California to demonstrate t hat no more than 1,000 mile s per

year was driven in California.

(17) Early PM Retrofit Credits

- Fleets that are claiming credit for early PM retrofits shall

maintain records with the below information ;

(A) The bill of sale with date of purc hase or order.

(B) The total amount of the purchase and the amount of down payment if not fully paid at the time of purchase

.54

(C) Work Order or equivalent with the completion date

.

(t) Audit of Records

The vehicle owner must make records available to ARB at its request for audit to verify the accuracy of the records. In the event the records are not made available within

30 days of the request, the ARB may assess penalties for non

- compliance.

(u) Record Retention

The fleet owner or responsible person shall maintain th e records for each vehicle subject to the reporting and record keeping requirements of section s 2025 (r) and (s) for

3 years after it is retired

, and for the overall fleet, for as long as the owner has a fleet, or January 1, 2025 , whichever is earlier. If fleet ownership is transferred, the seller shall

transfer the fleet records to the buyer. Dealers must maintain records of the disclosure of regulation applicability required b y s ection 2025 (w) for three years after the sale.

(v) Right of Entry

For the p urpose of inspecting vehicles subject to this regulation and their records to determine compliance with this regulation, an agent or employee of ARB, upon presentation of proper credentials, has the right to enter any facility (with any necessary safety cl earances) where vehicles are located or vehicle 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 t o the buyer on the bill of sale, sales contract addendum, or invoice, “ An on

- road heavy

- duty diesel or alternative

- diesel

vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criter ia Pollutant Emissions from In

- Use Heavy

- Duty Diesel Vehicle s. It therefore could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources B oard website at http://www.arb.ca.gov/dieseltruck

. ”

(x) Compliance Requirement.

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

. ( 2) Any in

- state or out

- of

- state motor carrier, California broker, or any California resident who operates or directs the operation of any vehicle subject to this regulation shall verify that each hired or dispatched vehicle is in compliance with the regula tion and comply with the record keeping requirements of section 2025(s)(4)

. (3) Compliance may be accomplished by keeping 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 vehicle

.55

(4) A ny contract that a lessor and lessee enter into that ha s an effective date of January 1, 20 1 0 or later shall clearly specify whether or not the leased vehicle is to
be excluded from the lessor’s fleet for the duration of the lease, or the responsibility will be that of the lessee.

(y) ARB Certificate of Reported Compliance

After the required reporting and compliance certification are received by ARB staff , ARB will provide the fleet with a Certificate of Reported Complianc e with the In

- Use On

- R oad Diesel Vehicle Regulation. ARB staff will also post 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 gen eral requirements of this regulation, who fails to submit any information, report, or statement required by this regulation, or who knowingly submits any false statement or representation in any application, report, statement, or other document filed, main tained, or used for the purposes of compliance with this regulation may be subject to civil or criminal 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 length of time of noncompliance, whether the fleet made an attempt to comply, and the magnitude of noncompliance

.

(aa) Severability

If a ny subsection, par agraph, subparagraph, sentence, clause, phrase, or portion of this regulation is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the regulation.

Note: Authority Cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 39667,
39674, 39675, 42400, 42400.1, 42400.2, 42402.2., 42410, 43013, 430 16, 43018, 43023, 43600, California Health and Safety Code. Reference: Sections 39650, 39658,
39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410,
40717.9, 43013, 43016, 43018, 43023, 43600, and 43701(b), California Health and

Saf ety Code.