Appendix D 

Proposed Amendments to the Truck and Bus Regulation

D-1 

PROPOSED AMENDMENTS TO THE TRUCK AND BUS REGULATION

On December 12, 2008, the California Air Resources Board (ARB) approved a new 

regulation to significantly reduce emissions from existing on-road diesel vehicles 

operating in California. On December 9, 2009, staff provided the Board with an analysis 

of the impact of the recession on emissions from heavy-duty diesel powered vehicles. 

This analysis also showed that vehicle activity and emissions are both below the levels 

estimated when the regulation was developed. The analysis also showed that the 2014 

emissions goals could now be met with fewer emission reductions from heavy-duty 

vehicles and the Board directed staff to develop regulatory provisions to provide 

economic relief to affected fleets. Finally, based on feedback and comments from 

affected fleets and other stakeholders, as well as analysis by staff, a number of other 

provisions of the regulation that require clarification or modification have been identified. 

Staff believes these clarifications and modifications are appropriate for the successful 

implementation of the regulation. 

A. Existing Regulation 

The current regulation requires owners to upgrade their fleets to meet specified best 

available control technology (BACT) standards for PM and NOx. The BACT standard 

for PM, phased in from 2011 to 2014, is an engine retrofit with the highest level VDECS 

(PM filter) or an engine originally equipped with a PM filter by the engine manufacturer. 

The BACT standard for NOx, phased in from 2013 to 2023, is an engine newly 

manufactured in 2010 or later or a 2010 emissions equivalent engine. 

Fleets may meet the annual requirements by retrofitting vehicles with a PM filter that will 

achieve PM or NOx reductions, or both, replacing vehicles with newer cleaner ones, or 

repowering vehicles with newer, cleaner engines. Fleets may also retire older vehicles 

or operate higher emitting vehicles less often by designating them as low-use vehicles. 

During the first four years of the regulation, starting January 1, 2011, fleets are required 

to install PM filters for certain engine model years so that by 2014 nearly all engines will 

have a PM filter. The regulation then requires owners to reduce NOx emissions from 

the fleet by accelerating engine or vehicle replacement or by retrofitting engines starting 

January 1, 2013. By January 1, 2023, all vehicles would be upgraded to vehicles with 

2010 model year engines or equivalent. 

Each year, fleets must demonstrate compliance with any of the regulation’s three 

compliance options, and may change compliance options from one year to the next and 

may use a different option for PM than for NOx. The options are: 

(a) A BACT schedule that prescribes which vehicles must be equipped with a PM 

filter or replaced based on engine model year; or 

(b) A BACT percentage limit option that sets the minimum number of PM filters to 

be installed and the minimum number of vehicles to meet NOx BACT each 

year; or 
D-2 

(c) A fleet averaging option that allows a fleet to reduce fleet emissions by meeting 

a fleet average emissions target for PM and one for NOx. The fleet emission 

targets decline over time so that by 2014, nearly all engines will meet PM BACT 

and by 2023, all engines will meet NOx BACT. 

The regulation never requires the purchase of new vehicles and is structured so that the 

requirements can be met through the purchase of used vehicles. 

The existing BACT compliance schedule allows fleets to comply by installing PM filters 

and upgrading to 2010 model year equivalent engines according to the schedule shown 

in Table 1. 

Table 1: Best Available Control Technology Compliance Schedule 

Compliance Deadline, 

as of January 1 Engine Model Years BACT Requirements 

2011 Pre-1994 PM BACT 

2012 2003 – 2004 PM BACT 

2005 – 2006 PM BACT 2013 1994 – 1999 NOx and PM BACT 

2000 – 2002 NOx and PM BACT 

2014 2007 and later 

that do not meet PM BACT 

NOx and PM BACT 

2015 Pre-1994 NOx and PM BACT 

2016 2003 – 2004 NOx and PM BACT 

2005 – 2006 NOx and PM BACT 

2017 1994 – 1999 NOx and PM BACT 

2018 All pre-2007 NOx and PM BACT 

2019 All pre-2007 NOx and PM BACT 

2020 All pre-2007 NOx and PM BACT 

2021 2007 or equivalent NOx and PM BACT 

2022 2008 NOx and PM BACT 

2023 2009 NOx and PM BACT 
D-3 

The specific requirements of the BACT Percentage Limit Option are shown in Table 2. 

Table 2: Percent of Fleet That Must Comply with PM and NOx BACT Standard 

Percent of Total Fleet Complying with 

BACT 

Compliance 

Deadline 

As of January 1 PM BACT NOx BACT 

2011 25% N/A 

2012 50% N/A 

2013 75% 25% 

2014 100% 50% 

2015 100% 50% 

2016 100% 60% 

2017 100% 80% 

2018 100% 80% 

2019 100% 80% 

2020 100% 90% 

2021 100% 90% 

2022 100% 90% 

2023 100% 100% 

Small fleets with three or fewer vehicles have an alternative compliance option that 

delays the first compliance date until January 1, 2014, as described below: 

• A one truck owner electing this option is required to have a 2004 model year or 

newer engine equipped with a PM filter by January 1, 2014. 

• A fleet with two trucks is required to have one 2010 model year engine and one 

truck equipped with a PM filter, or both trucks having a 2004 model year or 

newer engine and equipped with a PM filter by January 1, 2014. 

• A fleet with three trucks can elect to comply by having all vehicles equipped with 

2004 model year engines or newer with PM filters by January 1, 2014, or choose 

to delay the PM filter requirement for one truck until January 1, 2016 if another 

truck is equipped with a 2010 model year engine by 2014. 

All small fleets would need to meet the same BACT schedule as other fleets starting 

January 1, 2019. 

School buses are exempt from any NOx reduction requirements but must meet PM 

BACT requirements. School buses would have three compliance options to meet PM 

BACT starting January 1, 2011 so that all school buses would have PM filters by 

January 1, 2014. 

The regulation also includes a number of special provisions that delay some or all of the 

requirements for certain fleets and vehicle uses. These provisions are available for: 

• Low-use vehicles 

• Agricultural vehicles 

• Vehicles operating exclusively in designated NOx exempt areas 
D-4 

• Motorcoaches 

• Unique vehicles 

The regulation also provides credits for: 

• Vehicle retirements that have occurred since 2008 

• Adding fuel efficient hybrid vehicles 

• Alternative fueled vehicles 

• Early PM retrofit installations 

B. Proposed Regulatory Amendments 

The proposed amendments would simplify the regulation by eliminating the fleet 

averaging and percent limit options, by modifying the BACT compliance schedule and 

proposing a new phase-in option. It would also delay the initial compliance 

requirements and delay the phase in of 2010 engines. These delays eliminate the need 

for the NOx exemptions in the current regulation which were based on phasing in the 

NOx requirements at a later date. 

About 150,000 lighter trucks (trucks with a GVWR of 14,001 to 26,000 pounds) would 

be exempt from the PM BACT requirements and replacement requirements would be 

delayed for all vehicles until 2015. The proposed amendments would treat heavier 

trucks (trucks with a GVWR greater than 26,000 pounds) differently than lighter weight 

trucks. 

Other amendments are proposed to reduce or delay compliance requirements for 

various types of vehicles or uses. Generally, the proposed amendments substantially 

simplify the regulation while retaining flexibility for fleets to determine which vehicles to 

retrofit or replace. A more detailed discussion of all the amendments staff is proposing 

is provided below. 

1. Compliance Schedule for Lighter Trucks 

Staff is proposing a new requirement for lighter trucks that would exempt them from the 

PM BACT requirements. Upgrading these vehicles would not be required until the 

engines are at least 20 years old. Starting January 1, 2015, and continuing each year 

thereafter until 2020, engines with model years that are 20 years old or older would 

need to be replaced with a 2010 model year engine or equivalent. Then, from 2020 to 

2023, all remaining pre-2010 model year engines would be required to be 2010 model 

year engine equivalent according to the following schedule. 

• 2003 and older engine model years by January 1, 2020 

• 2006 and older engine model years by January 1, 2021 

• 2009 and older engine model years by January 1, 2022 
D-5 

By January 1, 2023 all vehicles in the fleet must be 2010 model year emissions 

equivalent. Any vehicle brought into the fleet must be in compliance with the previous 

year’s requirements. 

Any vehicle that is equipped with a PM filter by 2014 would be exempt from the 

replacement requirements until 2020 and would have to be reported. 

2. Compliance Schedule for Heavier Trucks 

Staff is proposing to amend the existing BACT compliance schedule to phase in the 

requirement to install diesel particulate filters from 2012 through 2014. Beginning 2015 

through 2023, staff is proposing to phase in the requirement to upgrade to 2010 or 

newer model year vehicles. The proposed amendments would require heavier trucks 

with 1998 to 2006 model year engines, to meet PM BACT between January 1, 2012 and 

January 1, 2014. The proposed compliance schedule is shown in Table 3 below. 

Table 3: Proposed BACT Schedule for Heavier Trucks

Compliance Dates 

Engine Model 

Install PM Filter By 2010 Engine By 

Pre 1994 N/A January 1, 2015 

1994-1995 N/A January 1, 2016 

1996-1997 N/A January 1, 2017 

1998-2000 January 1, 2012 January 1, 2020 

2001-2004 January 1, 2013 January 1, 2021 

2005-2006 January 1, 2014 January 1, 2022 

2007-2009 

January 1, 2014 if not 

originally equipped 

with a PM filter 

January 1, 2023 

Any vehicle that is equipped with a PM filter by 2014 would be exempt from the 

replacement requirements until 2020 and would have to be reported. 

3. Phase-in Option for Small Fleets 

Staff is proposing to replace the existing optional small fleet provision for fleets with one 

to three vehicles with a new optional phase-in for vehicles with a GVWR greater than 

26,000 pounds that would simplify and ease the requirements. The proposed option is 

applicable only to heavier trucks. A small fleet would be allowed to delay meeting PM 

BACT for heavier vehicles until January 1, 2014 and be exempt from meeting the 2010 

model year emissions equivalent requirement until January 1, 2020. The simplified 

requirements for PM filters would follow the schedule shown in Table 4 below. 
D-6 

Table 4: Small Fleet PM Phase-In Option Schedule for Heavier Vehicles 

Compliance 

Date 

Vehicles Meeting 

PM BACT 

January 1, 2014 1 vehicle 

January 1, 2015 2 vehicles 

January 1, 2016 3 vehicles 

Beginning January 1, 2020, all vehicles in the fleet would need to comply with the 2010 

model year emissions equivalent requirements of the BACT schedule shown in Table 5. 

Table 5: Compliance Dates for Heavier Vehicles that Must be Modernized 

Engine Model Year 2010 Engine By 

2000 and older January 1, 2020 

2001 – 2004 January 1, 2021 

2005 – 2006 January 1, 2022 

All Vehicles January 1, 2023 

Fleets using this provision are subject to the reporting requirements which have been 

amended as specified in the revised reporting requirements at the end of this appendix. 

4. Phase-in Option for Large Fleets 

Staff is proposing a new phase-in option for vehicles with a GVWR greater than 26,000 

pounds to provide additional compliance flexibility. The fleets utilizing this provision 

must report information for all heavier vehicles in the fleet starting January 31, 2012. 

This option would allow fleets to decide the order in which vehicles would be retrofit and 

replaced, regardless of their age. This would provide additional flexibility to fleets so 

they may be able to keep older, more expensive or specialized vehicles in their fleet 

longer than would be allowed under the BACT schedule. It would also provide flexibility 

to fleets that have most or all of the vehicles in one or two of the model year ranges in 

the BACT schedule. The heavier vehicles in the fleet would need to comply with PM 

BACT according to Table 6. 

Table 6: Phase-In Option Schedule 

Compliance 

Date 

Vehicles Meeting 

PM BACT 

January 1, 2012 30% 

January 1, 2013 60% 

January 1, 2014 90% 

January 1, 2015 90% 

January 1, 2016 All Must Comply with 

BACT Schedule 
D-7 

Any vehicle brought into the fleet must be compliant with the previous year’s 

requirements. Staff is also proposing to allow fleets with both drayage and non-drayage 

trucks to include all their vehicles in the phase-in option. Fleets using this provision are 

subject to the reporting requirements which have been amended as specified in the 

revised reporting requirements at the end of this appendix. 

5. Relief for Fleets that have Reduced their Fleet Size 

This amendment would provide expanded credits until 2016 for fleets that have fewer 

trucks than they had in 2006, and is intended to reduce the annual requirements for 

fleets most affected by the recession. Until January 1, 2016, and in conjunction with the 

optional Phase-in schedule for heavier trucks, a fleet would be able to reduce its 

requirement for a compliance year by the same percentage that the fleet has downsized 

from its 2006 baseline fleet. Table 7 shows how the fleet size reduction credit would 

reduce the compliance requirements for a business that has 25 percent fewer vehicles 

than it did in 2006. Because the fleet is 25 percent smaller, the fleet would subtract 

25 percent from the annual phase-in option requirement each year until 2016. The 

second column in the table shows the phase-in option requirements without credits and 

the far right column shows the requirements adjusted for a fleet with a 25 percent 

smaller fleet. If the fleet size changes from year to year the credit would adjust. 

Table 7: Example of Relief for Fleet Downsized 25 Percent 

Compliance 

Date 

Vehicles Meeting 

PM BACT 

(No Credits) 

Fleet Size 

Compared to 

2006 Baseline 

PM BACT 

Required for 

Reduced Fleet 

January 1, 2012 30% -25% 5% 

January 1, 2013 60% -25% 35% 

January 1, 2014 90% -25% 65% 

January 1, 2015 90% -25% 65% 

January 1, 2016 All Must Comply with BACT Schedule 

The proposed changes would provide fleets with additional credits by extending the 

baseline year back from 2008 (the baseline year for determining credits in the current 

regulation) to 2006. This would provide more credit since nearly all fleets had more 

vehicles in 2006 than 2008. The proposed amendments would also increase the credit 

by allowing non-operational vehicles to be counted as retired (that is, excluded from the 

calculation of fleet size). The credit would also continue until January 1, 2016 rather 

than expiring January 1, 2014 as provided in the current regulation. To take advantage 

of these credits, fleets would be required to report information about all trucks over 

26,000 pounds GVWR in the fleet and comply with the optional phase-in compliance 

schedule starting in January 2012. 
D-8 

6. Credits 

a) Credits for Early PM Retrofits 

Fleets that have already installed a PM filter or install them prior to July 2011 would be 

able to treat another vehicle as compliant until 2017. This credit would encourage early 

action and get early emissions reductions, would reward fleets who have already 

installed PM retrofits, and would spread out retrofit purchases and installations. The 

vehicle that was retrofitted early would also be compliant until 2020. The proposed 

amendments would also extend the expiration date of the credit in the existing 

regulation from 2014 to 2017. However, credits towards another vehicle would not be 

available for action taken to comply with other regulations or for PM retrofits partially 

paid for by public funding according to the funding contract terms. 

This credit could be used by fleets in a number of ways, for fleets using the optional 

phase-in compliance schedule, the retrofitted vehicle and the credit would each count 

towards compliance. For example, a fleet with two early retrofits would be treated as 

having four PM filters until 2017. Alternatively, a fleet that complies with the BACT 

requirements and doesn’t report could claim the credit by reporting information about 

the truck equipped with the PM retrofit and the truck that would be treated as compliant 

using the provided credit. Additionally, a fleet that retrofits a lighter vehicle prior to 

July 1, 2011, could treat a heavier vehicle as compliant until January 1, 2017. 

Overall, the amendment would increase the value of the existing early retrofit credit 

provision by providing a one for one credit that is good until January 1, 2017, rather than 

providing a credit like the existing regulation that declines each year until it expires 

January 1, 2014. 

In addition, any lighter or heavier vehicle that has a PM retrofit installed prior to 2014 

would be compliant until 2020. Fleets can use this option to keep older trucks until 2020 

even if the BACT compliance schedule would require the vehicle to be replaced 

between 2015 and 2020. Credit towards another vehicle would not be given for partially 

state funded vehicle retrofits according to the funding program guidelines. 

b) Fuel Efficient Hybrids, Alternative Fueled Vehicles, and Heavy-Duty 

Pilot Ignition Engines 

Fleets that purchase fuel efficient hybrid vehicles, alternative fueled vehicles, or vehicles 

equipped with pilot ignition engines any time prior to 2017 would be able to treat another 

vehicle as compliant until 2017. This credit could be used with the optional phase-in 

compliance schedule where the credit for another vehicle would count towards 

compliance. In addition, a fleet that complies with the BACT requirements and doesn’t 

need to report the entire fleet could claim the credit by reporting information solely about 

the hybrid vehicle and the vehicle that would be treated as compliant using this credit. 

Like the early PM retrofit credit, this amendment would increase the value of the credits 

by providing a one for one credit rather than the credit value in the existing regulation 

that declines each year. A fleet could receive credit for action taken on a lighter vehicle 

prior to July 1, 2011 and apply the credit for a heavier vehicle as compliant until January 
D-9 

1, 2017. Credit towards another vehicle would not be given for partially state funded 

vehicle replacements according to the funding program guidelines. 

7. School Bus Provision 

Staff is proposing amendments to the school bus provision, which are designed to 

provide relief while still protecting the children in our state. These amendments will 

exempt the lighter school buses (buses with a GVWR of 14,001 to 26,000 pounds) from 

the regulatory provisions and provide a one year delay in the implementation of PM 

filters for the heavier school buses (buses with a GVWR greater than 26,000 pounds). 

The other proposed changes are similar to the relief proposed for other vehicles subject 

to the regulation. The BACT Percentage Limits option and the Fleet Averaging option 

would be eliminated and the existing BACT compliance schedule would be replaced 

with the phase-in compliance schedule shown in Table 8 below. 

Table 8: BACT Compliance Schedule for Heavier School Buses

Compliance Deadline, 

as of January 1 

Minimum Percent of Total Fleet 

Complying with PM BACT 

2012 33% 

2013 66% 

2014 100% 

The proposed amendments also include credits for installation of a PM filter, such that a 

heavier school bus would be considered compliant for each lighter school bus that has 

an OEM filter or a retrofit installed, provided that the funding of those buses allows the 

use of these credits. The proposed amendments also include credit for one heavier 

school bus to be considered compliant for each hybrid, heavy-duty pilot ignition, and 

alternative-fueled school bus over 14,000 pounds GVWR in the fleet, provided that the 

funding of those buses allows credits. For each school bus that earns any of the credits 

described above, the fleet could treat another school bus as compliant because of the 

credit until January 1, 2014. The fleet would be required to keep records on the school 

buses receiving credit and the school buses to be treated as compliant. 

Similar to the proposal for other vehicle categories, staff is proposing a provision that 

offers economic relief to school bus fleets that have reduced their fleet size relative to 

their fleet size on October 1, 2006 – the new baseline year proposed in the amended 

regulation. Until January 1, 2014, a fleet would be able to reduce its requirement in a 

compliance year by the same percentage that the fleet has downsized from the 2006 

baseline fleet. The fleet may include all school buses over 14,000 pounds GVWR when 

determining this credit. Except for fleets needing a compliance extension based on 

unavailability of PM filters, staff proposes to require no reporting for school bus fleets – 

only recordkeeping. 

Staff is not proposing to change some of the original components of the regulation 

including: 
D-10 

(1) The school bus exemption from NOx BACT, 

(2) The provision for school buses that cannot be retrofitted with a PM filter, to have 

until January 1, 2018, to meet PM BACT, and 

(3) The requirement for school buses greater than 14,000 lbs GVWR that were 

manufactured before April 1, 1977, to be retired by January 1, 2012. 

8. Agricultural Vehicle Provisions 

a) Use of Small Fleet Provisions and other Credits, Exemptions, and 

Extensions 

Staff is proposing to make several changes the agricultural vehicle provision to 

streamline the language to make the provision easier to understand. The proposed 

changes would delete the concepts of low and limited mileage vehicles and place the 

mileage restrictions associated with those vehicles directly into the language of the 

provisions. Staff is also proposing to redefine the agricultural fleet to include only the 

vehicles using the agricultural vehicle provisions and not the vehicles that do not qualify 

for the provision as the regulation is currently written. In addition, Staff is proposing to 

extend the deadline for reporting agricultural vehicles until March 31, 2011 to allow 

another opportunity for eligible fleets to apply. Staff is also proposing to amend the 

definition of an agricultural vehicle to clarify the definitions. The definitions would clarify 

that any truck transporting a load of unprocessed crops between the farm and the first 

point of processing would be eligible and would still be eligible if making interim 

movements between the farm and the processor and would include yard trucks. 

Staff is proposing to make a number of smaller changes to the regulation which would 

separate the vehicles that qualify for the agricultural vehicle provision from the vehicles 

would not qualify and would need to comply with the general requirements of the 

regulation. As a result of this change, the vehicles that do not qualify for the agricultural 

provision would be able to use any of the exemptions, extensions, or credits provided to 

the fleets that comply with the general requirements of the regulation. 

 

Staff is also proposing to change the definition of specialty agricultural vehicles to 

remove the restriction that feed trucks or mixer-feed trucks be used exclusively at cattle 

or calf feedlots. In addition, staff is proposing to amend the language to clarify that 

when replacing an agricultural vehicle the vehicle being removed from the agricultural 

vehicle provision may be shifted to the non-agricultural vehicle fleet as long as it 

complies with the general requirements of the regulation. 

Staff is also proposing to extend the deadline for reporting agricultural vehicles until 

March 31, 2011. The current regulation requires all vehicles that will utilize the 

agricultural vehicle provisions to report information regarding the business and the 

vehicles in the fleet by March 31, 2010. The early reporting was necessary because the 

number of specialty agricultural vehicles in state was capped at 2200 and 1100 in the 

San Joaquin Valley. However, after analysis of all the vehicles reported it was 

determined that less that 2200 and 1100 vehicles had requested to be classified as 
D-11 

specialty vehicles. If the number of specialty vehicles reaches the caps, priority will be 

given to those who reported during 2010. Fleets using this provision are subject to the 

reporting requirements which have been amended as specified in the revised reporting 

requirements at the end of this appendix. 

b) Provision for Log Trucks 

Staff is proposing to add a new provision under the agricultural vehicle section for log 

trucks and a definition of log trucks in the definitions section. As shown in Table 9, the 

provision would exempt log trucks from the requirement of installing PM filters, but 

instead require the log truck fleet to accelerate NOx BACT (replacement to 2010 model 

year emissions equivalent engines). Instead of phasing in PM filters beginning in 2012, 

as required by the BACT compliance schedule in the general requirements, log truck 

fleets would be required to meet NOx BACT at a rate of 10 percent per year from 2014 

to 2023. Unlike other agricultural vehicles, log trucks would have no mileage 

restrictions. 

Table 9: Percentage of Log Trucks that must have 2010 Model Year 

Emissions Equivalent 

Compliance Deadline 

as of January 1 

Percent of Total Fleet 

Complying with BACT 

2011 0% 

2012 0% 

2013 0% 

2014 10% 

2015 20% 

2016 30% 

2017 40% 

2018 50% 

2019 60% 

2020 70% 

2021 80% 

2022 90% 

2023 100% 

9. Inclusion of Drayage Trucks 

Staff is proposing to amend the regulation to allow fleets with drayage trucks to include 

these trucks along with their other trucks when complying with the Truck and Bus 

regulation. Drayage trucks must still comply with the Drayage Truck regulation, but 

fleets would now be able to count cleaner drayage trucks toward the compliance with 

the Truck and Bus regulation. Staff is also proposing to amend the date by which 

drayage trucks would be subject to the Truck and Bus regulation from January 1, 2021 

to January 1, 2017. 
D-12 

Staff is proposing to amend the Drayage Truck regulation to delay the phase 2 

requirements that require drayage trucks to meet or exceed the 2007 engine standards 

by January 1, 2014. The existing regulation requires all drayage trucks to meet PM 

BACT by January 1, 2014, so the delay will allow drayage trucks meeting PM BACT to 

operate at ports and intermodal rail yards until required to upgrade to 2010 model year 

emissions equivalent engine as required by the Truck and Bus regulation. Staff is 

proposing that the Drayage Truck regulation sunset on January 1, 2016. 

10. Provision for Two-Engine Street Sweepers 

Staff is proposing to amend the two-engine sweeper provision to clarify that the auxiliary 

engine is required to meet PM BACT whenever the drive engine is required to either 

meet PM BACT or be upgraded to a 2010 model year emissions equivalent. However, 

street sweepers would need to follow the requirements of the regulation based on the 

GVWR of the sweeper. Sweepers with a GVWR of 14,001 to 26,000 pounds would 

follow the requirements for vehicles of that weight class and sweepers with a GVWR 

greater than 26,000 pounds would follow the requirement for vehicles of that weight 

class. The operating restrictions for two-engine sweepers greater than 14,000 pounds 

GVWR with Tier 0 auxiliary engines would remain the same. Fleets using this provision 

are subject to the reporting requirements which have been amended as specified in the 

revised reporting requirements at the end of this appendix. 

11. Low-Use Vehicle Definition 

Staff is proposing to amend the definition of a low-use vehicle to delete the requirement 

that these vehicles drive less than 1,000 miles and 100 hours in the 12 month period 

preceding the compliance year. The proposal would change the time period in which 

the mileage restriction applies from the previous compliance year to the current 

compliance year. Therefore, if a fleet designates a vehicle on January 1, 2012, as low 

use, the vehicle cannot operate more than 1,000 miles between January 1 and 

December 31, 2012. Fleets must report vehicle information annually and the provision 

expires January 1, 2023. 

Staff is also proposing language that would require low-use vehicles operate less than 

1,000 miles per year and 100 hours if the vehicle is equipped with power take off that is 

designed to operate while stationary, such as drill rigs or cranes. Vehicles that have 

PTO that are operated only to load and unload products such as lift gates would not be 

subject the 100 hour limitation. Fleets using this provision are subject to the reporting 

requirements which have been amended as specified in the revised reporting 

requirements at the end of this appendix. 

12. NOx Exempt Area Provisions 

Staff is proposing to amend the NOx exempt area provision to allow vehicles that 

operate exclusively in the NOx exempt area to continue the same exemption as the 

current regulation but would clarify how the exemption aligns with the proposed 

changes to general requirements. 
D-13 

Staff is proposing to modify the NOx exempt area provision to show that the proposed 

change to the general requirements only impact 1997 and older vehicles with a GVWR 

greater than 26,000 pounds operating in the NOx exempt areas. The narrow impact is 

a result of the extended deadlines of the general requirements. A separate compliance 

schedule is being proposed and would identify which model year engines would need to 

meet PM BACT by which specific calendar year deadlines. 

Staff is also proposing to add an optional labeling requirement for fleet owners with 

1997 and older vehicles that meet PM BACT rather than requiring reporting. 

13. Unique Vehicle Extension 

Staff is proposing to add a provision that would replace the unique vehicle provision. 

The new provision would streamline and clarify that a fleet owner may apply for a one 

year exemption from replacing the vehicle or engine if: 

• A used vehicle or suitable cab and chassis that performs a similar function with a 

2010 equivalent emissions engine is not available, and 

• A suitable PM filter was not available to be installed by 2014. 

14. Deleted Provisions 

a) BACT Percent Limits 

Staff is proposing to delete the BACT percent limits option which allowed fleets to meet 

PM and NOx BACT with vehicles of their choice provided they meet the annual 

percentage set forth in percent limits table and has replaced it with the phase-in option. 

b) Fleet Averaging Option 

Staff is proposing to delete the fleet averaging option because it is no longer needed. 

c) Cab-Over-Engine Trucks with 57’ Trailers 

Staff is proposing to delete this section because the proposed BACT compliance 

schedule and phase-in option eliminates the need for this provision. Because the last 

model year that a cab-over-engine truck was built was 2006, these vehicles can never 

be replaced with a vehicle that meets the 2010 model year emission equivalent. 

d) NOx Mileage Exempt Vehicles 

Staff is proposing to delete the provision that provided an exemption from meeting the 

requirement to upgrade to a 2010 model year emissions equivalent engine for vehicles 

that traveled less than 7,500 miles per year. This provision is no longer necessary 

since the proposed amendments allow vehicles that meet PM BACT by 2014, to 

operate until January 1, 2020, regardless of the annual mileage. 
D-14 

e) Motorcoaches 

Staff is proposing to delete this section because the compliance requirements are now 

reduced under the proposed amendments. The proposed BACT compliance schedule 

allows an additional two years before requiring fleet to begin to upgrade to 2010 model 

year engines and provides additional flexibility by allowing the fleets to keep older motor 

coaches longer. Staff estimates that less than 50% of the vehicles in most motorcoach 

fleets are 1997 or older, so the proposed BACT compliance schedule would be easier to 

comply with than the existing motorcoach provision. For this reason staff is proposing 

to delete the motorcoach provision. 

15. Revised Reporting Requirements 

a) Reporting Dates for Fleets Claiming Credits 

Staff is proposing that fleets only be required to submit information for vehicles that 

qualify for the agricultural provisions rather than reporting information about all vehicles 

in the fleet. In addition, staff is proposing to extend the deadline for claiming the 

agricultural vehicle provisions to March 31, 2011. 

Staff is also proposing to amend the reporting requirements for sweepers. The early 

reporting deadline of March 31, 2010, for fleets with two engine street sweepers 

remains unchanged; however, staff is proposing that fleets be only required to report 

information about the two engine street sweepers with Tier 0 engines rather than all two 

engine sweepers in the fleet. 

16. Clarifications and Minor Modifications 

Staff is also proposing to modify and make minor modifications to other sections to 

clarify existing requirements and improve enforceability of the regulation and 

streamlining reporting and recordkeeping. 

a) General Reporting and Record Keeping Requirement Changes 

The reporting requirements have been amended to do the following: 

• Add the requirements for reporting under the proposed phase-in, credits, and 

exemption and extension provisions 

• Identify new initial reporting dates and new reporting dates for subsequent 

compliance years 

• Identify new information required to demonstrate compliance with proposed new 

credits 

• Modify existing reporting requirements to improve enforceability 

• Delete reporting requirements no longer needed for provisions deleted from the 

regulation 

The following record keeping requirements have been amended to improve 

enforceability: 
D-15 

• Specific that owners who keep records outside of California are subject to the 

requirements for audits 

• Add record keeping and audit requirements for the proposed new compliance 

options 

• Specify that records be kept to verify PM filter’s failure and replacement 

• Specify that records be kept by owners claiming the emergency support vehicle 

exemption