SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 

Staff Report 

Proposed Rule 2449 − Control of Oxides of Nitrogen Emissions from 

Off-Road Diesel Vehicles 

May 2008 

Deputy Executive Officer 

Science and Technology Advancement 

Chung Liu, D.Env 

Assistant Deputy Executive Officer 

Science and Technology Advancement 

Mobile Source Division 

Henry Hogo 

Planning and Rules Manager 

Science and Technology Advancement 

Mobile Source Division – Off-Road Section 

Zorik Pirveysian 

AUTHORS: CONTRIBUTORS: 

Science and Technology Advancement Science and Technology Advancement

Randall Pasek − Program Supervisor Fred Minassian – Technology Implementation Manager 

 Michael Geller – Air Quality Specialist 

REVIEWED BY: Planning, Rule Development, and Area Sources

District Counsel Steve Smith – Program Supervisor 

Kurt Wiese − District Counsel Barbara Radlein – Air Quality Specialist 

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 

GOVERNING BOARD 

Chair: WILLIAM A. BURKE, Ed.D. 

 Speaker of the Assembly Appointee 

Vice Chair: S. ROY WILSON, Ed.D. 

Supervisor, Fourth District 

Riverside County Representative 

MEMBERS:

MICHAEL D. ANTONOVICH 

Supervisor, Fifth District 

Los Angeles County Representative 

MICHAEL A. CACCIOTTI 

Mayor, City of South Pasadena 

Cities Representative, Los Angeles County, Eastern Region 

BILL CAMPBELL

Supervisor, Third District 

Orange County Representative 

JANE W. CARNEY 

Senate Rules Committee Appointee 

RONALD O. LOVERIDGE 

Mayor, City of Riverside 

Cities Representative, Riverside County 

JOSEPH K. LYOU, PH.D 

Governor’s Appointee 

GARY OVITT 

Supervisor, Fourth District 

San Bernardino County Representative 

JAN PERRY 

Councilmember, City of Los Angeles 

City of Los Angeles Representative 

MIGUEL A. PULIDO 

Mayor, City of Santa Ana 

Cities Representative, Orange County 

TONIA REYES URANGA 

Councilmember, City of Long Beach 

Cities Representative, Los Angeles County, Western Region 

DENNIS YATES 

Mayor, City of Chino 

Cities Representative, San Bernardino County 

EXECUTIVE OFFICER 

BARRY R. WALLERSTEIN, D.Env. 

Staff Report Proposed Rule 2449 

SCAQMD SR2449 – i May 2008 

TABLE OF CONTENTS 

EXECUTIVE SUMMARY ...................................................................................1

INTRODUCTION..................................................................................................1

BACKGROUND ....................................................................................................2 

CONTROL TECHNOLOGY ...............................................................................3 

CARL MOYER MEMORIAL AIR QUALITY PROGRAM.....................3 

LEGISLATIVE AUTHORITY ............................................................................4

SUMMARY OF PROPOSED RULE 2449..........................................................4 

SUMMARY OF PR2449 ADMINISTRATIVE GUIDELINES ........................5

EMISSION BENEFITS.........................................................................................6

COST ANALYSIS .................................................................................................7 

CALIFORNIA ENVIRONMENTAL QUALITY ACT .....................................7 

PUBLIC COMMENTS....................................................................7 

PRELIMINARY DRAFT FINDINGS ...............................................................16

Draft Findings Required by the California Health 

and Safety Code........................................................................................16 

 APPENDICES 

A. RULE LANGUAGE 

B. TITLE 13, CALIFORNIA CODE OF REGULATIONS, SECTION 2449.3 – 

SURPLUS OFF-ROAD OPT-IN FOR NOX (SOON) PROGRAM 

C. DRAFT PROPOSED RULE 2449 ADMINISTATIVE GUIDELINES 

Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 1 May 2008 

EXECUTIVE SUMMARY 

The South Coast Air Quality Management District (AQMD or District) is proposing to 

achieve additional emission reductions of oxides of nitrogen (NOx) from in-use off-road 

diesel vehicles by implementing the state regulation provision outlined in Title 13, California 

Code of Regulations (CCR), Section 2449.3, “Surplus Off-Road Opt-In for NOx (SOON) 

Program”. The SOON program is one of the control measures in the 2007 State 

Implementation Plan adopted by the California Air Resources Board (CARB) in September 

2007. Staff is recommending that the AQMD Governing Board opt-in to the SOON 

provision of the state rule to achieve additional NOx reductions from in-use off-road diesel 

vehicles. Staff is also proposing that the Board adopt Proposed Rule (PR) 2449– Control of 

Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles to incorporate by reference 

Section 2449.3 into the AQMD Rules and Regulations. In addition, staff is proposing 

additional administrative guidelines necessary to implement the SOON Program as required 

under Section 2449.3. The description of PR 2449, which simply incorporates the CARB 

regulation in full by reference, is provided in Appendix A. 

Under the SOON program, incentive funds are provided to assist fleets in achieving 

additional reductions from off-road vehicles (e.g. repowers, replacement, and retrofits) 

beyond those that would be achieved with the state regulation. The AQMD Governing 

Board Administrative Committee approved a staff recommendation, pending full Board 

approval, for an initial set-aside of $120 million over a four-year period to fund the SOON 

Program. Upon release of a solicitation that closes after April 2, 2009, fleets over 20,000 hp 

that operate vehicles in the South Coast Air Basin, and have over 40% Tier 0 and Tier 1 

vehicles in their statewide fleet as of January 1, 2008 must apply for sufficient incentive 

funds to meet the more stringent SOON NOx emissions targets. Fleets receiving funds must 

implement the projects for which they were awarded. Fleets may voluntarily participate in 

any solicitations that close prior to April 2, 2009. (The AQMD Governing Board will be 

considering opting-in to the SOON Program at its May 2008 Board meeting. Part of the 

Board’s consideration is whether the SOON Program should be mandatory or voluntary after 

April 2, 2009. The final Board decision will be reflected in the Administrative Guidelines 

provided in Appendix C to this report.) It is anticipated that the $120 million will be made 

available over the next four years (2008-2011) to implement projects for approximately 

1,000 to 1,500 vehicles beyond those projects needed to meet the statewide regulation to 

achieve 12 tons per day (TPD) NOx reductions by 2014. 

INTRODUCTION 

Despite the significant progress that has been made in reducing both mobile and stationary 

source emissions over the past several decades, the South Coast Air Basin (Basin) continues 

to experience poor air quality with mobile sources being the most significant contributors to 

the air quality problem. The Basin has the worst air quality in the nation for the 8-hour 

ozone and PM2.5 federal ambient air quality standards. Since NOx emissions are important 

precursors to both PM and ozone formation, control of NOx emissions from all major source 

categories is critical to meeting the PM2.5 and 8-hr ozone ambient air quality standards by 

2015 and by 2024, respectively. Off-road diesel motor vehicles affected by this rule are the 

second largest source of NOx emissions at approximately 19% of the total basin-wide NOx 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 2 May 2008 

emissions and have been relatively uncontrolled until very recently. Over the last decade, 

new models of off-road equipment have had to meet progressively cleaner emission 

standards. However, off-road diesel vehicles typically operate for many decades. As a 

result, off-road diesel vehicle emissions are expected to remain high even with the 

availability of much cleaner new vehicles. Accelerating the rate of introduction of the newer 

cleaner engine technologies would provide a substantial fraction of the important and 

necessary NOx emission reductions. 

BACKGROUND 

The Basin, which includes Orange County and the non-desert portions of Los Angeles, 

Riverside and San Bernardino Counties, is designated as nonattainment for PM2.5 and 

severe-17 for ozone (proposed for reclassification to extreme) by U.S. EPA. Mobile sources 

emit significant amounts of both particulate matter and NOx in the Basin, as highlighted in 

the 2007 Air Quality Management Plan (AQMP). The 2007 AQMP identifies NOx emission 

reductions of 192 TPD (29%) in 2014 and 383 TPD (76%) in 2023 as needed to meet the 

PM2.5 and 8-hr ozone standards. The off-road diesel vehicle category is one of the largest 

sources of NOx emissions in the Basin as well as a significant contributor of PM2.5 

emissions. CARB, in recognition of the off-road diesel vehicles’ large contribution of NOx 

and PM emissions, recently promulgated the “In-use Off-road Diesel Vehicle” regulation to 

control these emissions by requiring fleets to meet increasingly stringent fleet average NOx 

and PM targets or minimum BACT turnover and PM retrofit requirements. While CARB’s 

regulation will achieve substantial reductions from this sector, additional NOx reductions are 

necessary in the South Coast Air Basin to attain the Federal PM2.5 standard in 2015 and 

longer term reductions by 2024 to meet the 8-hr ozone standard. 

To allow air districts to better address their regional air quality needs, CARB’s regulation 

was designed with a voluntary opt-in provision (the SOON program). After an air district 

formally opts-in to the SOON program, it can use incentive funds to garner additional NOx 

emission reductions since fleets subject to the SOON program must meet more stringent 

SOON NOx fleet targets. In addition to providing incentive funds, the air district must 

develop administrative guidelines detailing additional requirements necessary to implement 

the SOON program, and obtain CARB approval of the guidelines. When an air district 

releases a program announcement that closes after April 2, 2009, offering incentive funds 

under the SOON program, fleets with more than 40% Tier 1 and Tier 0 vehicles, a statewide 

fleet over 20,000 hp, and operate vehicles in a district must apply for sufficient incentive 

funds to meet the more stringent SOON NOx target levels. A fleet if awarded funding must 

implement the proposed projects as detailed in the application for funding. As noted earlier, 

participation in the SOON Program for solicitations that close prior to April 2, 2009 is 

voluntary. The AQMD Governing Board will be considering opting-in to the SOON 

Program at its May 2008 Board meeting. Part of the Board’s consideration is whether the 

SOON Program should be mandatory or voluntary after April 2, 2009. The final Board 

decision will be reflected in the Administrative Guidelines provided in Appendix C to this 

report. 

The AQMD Governing Board approved the release of Program Announcement (PA#2008-

01) on November 2, 2007 to solicit up to $30 million of projects in 2008. An implementation 

working group was formed to provide input from stakeholders on the SOON program. 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 3 May 2008 

CONTROL TECHNOLOGY 

New off-road engines must meet certification standards that are designated by Tier based on 

their year of manufacture and their size. Currently most new engines must meet Tier 3 

standards and have NOx emissions that are three to four times cleaner than the older 

uncontrolled engines that comprise approximately 50% of today’s fleets. The Tier 4 engines 

due out in the 2014 timeframe will have NOx emissions 30 to 40 times lower than 

uncontrolled engines. It is expected that most new engines funded in the SOON program 

will meet the Tier 3 standards or better. 

NOx emission reduction options available for funding would include repowers where the 

existing engine is replaced with a new cleaner engine, vehicle replacement where the entire 

vehicle is replaced with a new vehicle, and retrofits where after-market add-on controls are 

used to control emissions. Initially, repowering is expected to be the predominant choice 

among fleet owners because of the relatively mature repowering market developed over the 

past several years from the successful implementation and funding of many repowers under 

the Carl Moyer Memorial Air Quality Program. However, replacement and retrofit projects 

are also expected to be awarded under the SOON program. 

CARL MOYER MEMORIAL AIR QUALITY PROGRAM 

SOON program funding is proposed to be from Carl Moyer Memorial Air Quality Program 

(Moyer) funds. CARB is required to develop Carl Moyer Program guidelines to assist in 

implementing the program and is revising its 2005 guidelines. The 2008 Carl Moyer 

Program Guideline Revisions were approved by the CARB Board in March 2008. For 

projects funded in 2008, the most current version of the 2008 Moyer Guideline Revisions is 

proposed to be used for the SOON program. 

 

Several of the proposed changes identified in the 2008 Moyer Guideline Revisions would 

directly affect the SOON program1

. These include: 

 Co-Funding – The minimum co-fund is proposed to be 15% of the full Tier 3 repower 

costs. Most, if not all, of the expected SOON repower projects will be to Tier 3 or 

better and unless the applicant requests a lower funding level, the SOON program 

will provide funding up to the cost-effectiveness cap or 85% of the repower costs, 

whichever is lower, consistent with the 2008 Moyer Guidelines. 

 Project Cost-Effectiveness Limit – The revisions increase the Moyer project costeffectiveness limit to $16,000 per Moyer weighted ton (includes NOx+ROG+20 

times PM). Historically, repower projects similar to those expected in the SOON 

program have had cost-effectiveness values below $5,000 per ton of NOx controlled, 

and it is expected that most competitive SOON projects will have cost-effectiveness 

values near or below this benchmark level. However, projects at higher costeffectiveness values can still be funded as long as they are below the costeffectiveness cap mandated by the current Moyer Guidelines. 

 

1

 These requirements are subject to change until approved by the California Air Resources Governing Board 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 4 May 2008 

 Vehicle Replacement – The draft revisions allow for a vehicle replacement program 

or fleet modernization program for off-road equipment. As part of this program the 

AQMD will need to develop for approval by CARB, equipment replacement policies 

and procedures. The necessary policies and procedures to implement the equipment 

replacement element is expected to be approved by the AQMD Governing Board to 

allow fleets to participate in the off-road fleet modernization program for the first 

year and future rounds of SOON funding. 

 Verified Diesel Emission Control Strategy (VDECS) – SOON program funding can 

be used to fund VDECS that reduce NOx emissions. However, SOON Program 

funding cannot be used to reduce PM emissions to meet the statewide PM BACT or 

PM Target compliance provisions. Regardless, if a PM VDECS is deployed on a 

SOON funded vehicle, the vehicle may be used to meet the statewide PM BACT or 

PM Target compliance provisions. 

LEGISLATIVE AUTHORITY 

Proposed Rule 2449 implements the SOON provision of the state regulation as authorized in 

Section 2449.3 Title 13, CCR, and implies no additional authority beyond that granted in 

Section 2449.3, Title 13, CCR. 

SUMMARY OF PROPOSED RULE 2449 

The purpose of PR2449, “Control of Oxides of Nitrogen Emissions from Off-Road Diesel 

Vehicles”, is to implement the requirements of the SOON provision (once the AQMD 

Governing Board formally opts-in to the SOON program) of the CARB off-road diesel 

regulation (Title 13, CCR, Section 2449.3, “Surplus Off-Road Opt-In for NOx (SOON) 

Program”). PR2449 would incorporate by reference CCR Section 2449.3 into the AQMD 

Rules and Regulations. The rule language for PR2449 is provided in Appendix A. The 

following is a brief summary of Section 2449.3 and the full regulation is provided for 

information purposes in Appendix B. 

• Applicable fleets include those with over 40% of their statewide fleet consisting of Tier 0 

and Tier 1 equipment as of January 1, 2008, and that operate individual vehicles in the 

AQMD. [Title 13, CCR, Section 2449.3(b)] 

• Eligible SOON vehicle is a vehicle that has been used the greatest percentage of its 

operational time in the AQMD. [Title 13, CCR, Section 2449.3 (c)(2)] 

• When a program announcement for SOON funding is released, all eligible fleets must 

apply for incentive funds for the SOON portion of their fleet to meet the more stringent 

SOON NOx targets [Title 13, CCR, Sections 2449.3(d)(1)]. Non-SOON fleets can 

voluntarily apply for SOON funding. [Title 13, CCR, Section 2449.3(d)(2)] 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 5 May 2008 

• Fleets must also submit a compliance plan with their SOON funding application. 

Compliance plan must include fleet information and subsequent actions taken by fleets 

on each vehicle, each year extending at least the number of years through the next two 

SOON NOx target years (e.g., in 2008 the compliance plan must cover fleet actions 

through year 2014)(), as well as all calculations and analyses necessary to show 

compliance with CARB’s base rule as well as the SOON program. [Title 13, CCR, 

Section 2449.3(e)(3)]. AQMD staff plans to develop in concert with CARB a 

compliance plan template to aid fleets in generating their compliance plans. 

• If awarded incentive funds, fleets must complete the actions for which they were funded. 

[Title 13, CCR, Section 2449.3(d)(1)(E)] 

• The above provisions would be voluntary for solicitations that close prior to April 2, 

2009. The above provisions may be mandatory for solicitations closing after April 2, 

2009 upon a decision by the AQMD Governing Board at its May 2008 meeting. [Title 

13, CCR, Section 2449.3(e)(9)] 

SUMMARY OF PR2449 ADMINISTRATIVE GUIDELINES 

Pursuant to Section 2449.3(e)(7), any funding awards must be consistent with the Carl 

Moyer Program. The AQMD Governing Board has adopted specific policies and procedures 

to implement the Carl Moyer Program. The Carl Moyer Program Guidelines serve as the 

basis to implement the SOON Program. However, additional administrative guidelines are 

needed given the specific requirements of the SOON Program. The Draft Proposed Rule 

2449 Administrative Guidelines which are requirements beyond the most recent state Carl 

Moyer Program guidelines are provided in Appendix C. Revisions to the draft guidelines 

released in November 2007 were made based on comments received from the 

implementation working group and public comments. The guidelines are summarized below: 

 

1. Vehicle Qualification / Eligibility in SOON Fleet 

 Operation in the district is defined as operating the majority of time in the AQMD 

for the three years immediately preceding the closing date of the active SOON 

program announcement. 

 Calculation of the 40% Tier 0 and Tier 1 fraction of the fleet is based on fleet 

equipment number and not the fleet’s total horsepower. 

 Vehicles that are scheduled to leave the AQMD are not to be included in a fleet’s 

SOON fleet and are exempt from the SOON requirements. [Title 13, CCR, 

Section 2449.3(e)(8)] 

 Exemption for vehicles with PM retrofits. 

 

2. Compliance Plan 

 Minimum reporting requirements for fleet information and actions taken on 

vehicles to comply with statewide and SOON portions of the fleet are outlined. 

AQMD would review and provide its initial approval within 45 days after a plan 

is deemed complete. (CARB has a separate approval process, which the AQMD 

would work with CARB to obtain CARB’s approval in a timely manner.) 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 6 May 2008 

3. Application 

 Minimum reporting requirements for fleet information, actions taken on all 

equipment submitted for SOON funding, and project funding request for priority 

are outlined. 

4. Operational requirements 

 Minimum contract duration (project life) is seven (7) years. 

 The historical annual hours of operation is defined as the average number of hours 

operated each year for the past two years immediately preceding the active SOON 

program announcement closing date. 

 The electronic monitoring unit (EMU) will be funded by the SOON program and 

as such the cost of the unit must be included in the cost-effectiveness calculations. 

However, the fleet will not be required to co-fund any portion of the cost of the 

EMU. 

5. Project Award 

 The majority of the funding (75%) will be awarded based on cost-effectiveness. 

 The remaining (25%) of funding will be used to fund the most cost-effective 

projects in fleets that have requested high priority and have not been awarded 

funding to allow as many fleets as possible to receive funding. 

 No fleet will receive more than 10% of the total available SOON funding. 

 Projects over 250 hp will be funded before those below 250 hp. 

6. Co-funding 

 Projects funded under SOON must meet the co-funding requirements of the Carl 

Moyer Program. SOON repower projects will be funded at the full incremental 

cost of the repower. For example, a Tier 3 repower will require the project 

owner to co-fund, at a minimum, 15% of the cost of repower with the SOON 

program providing up to 85% of the repower costs. A fleet owner may choose to 

co-fund more than the minimum, but will not be required to co-fund more than 

the minimum amount as provided in the 2008 Carl Moyer Guidelines. 

 SOON funding of 100% of the cost of the repower may be available for projects 

where it could be reasonably determined that the project owner would not have 

incurred the rebuild costs of the replaced engine (i.e., the replaced engine had 

recently been rebuilt) 

These guidelines will be reviewed, at a minimum, on an annual basis, and may be updated to 

reflect the most recent applicable Carl Moyer guidelines or other administrative or funding 

guidelines approved by the AQMD Governing Board. 

EMISSION BENEFITS 

The goal of the Proposed Rule 2449 is to reduce NOx emissions from in-use off-road diesel 

vehicles through the introduction and use of less polluting vehicles or engines. These 

emission benefits are expected to play a significant role in attaining the federal PM2.5 and 8-

hour ozone ambient standard in 2015 and 2024, respectively. Title 13, CCR, Section 2449.3 

is specifically based on achieving NOx emission reductions beyond those required by 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 7 May 2008 

CARB’s in-use off-road diesel vehicle base regulation. The emission benefits are primarily 

based on fleets’ use of cleaner engine technology. 

Based on the AQMD experience over the past several years with the Carl Moyer Memorial 

Air Quality Program, off-road equipment repowers have generally been performed at or 

below a cost-effectiveness level of $5,000 per ton of NOx reduced. Based on the set aside of 

$120 million ($30 million/year over four years) for the SOON program, the NOx emission 

reductions associated with the SOON program are estimated to be 12 tons/day by 2014. 

COST ANALYSIS 

The AQMD Administrative Committee approved a staff recommendation, pending full 

Board approval, to set aside $120 million ($30 million over 4 years) for the SOON program. 

The source of funding is expected to be from the Carl Moyer Memorial Air Quality 

Standards Attainment Program fund AB 923 and SB 1107 accounts (or other funding sources 

if available). Historically, over $50 million per year has been allocated through the Carl 

Moyer Program. This funding level is expected to be maintained for the foreseeable future, 

ensuring that there will be sufficient funds available for the SOON program. Additionally, 

projects that meet a $5,000/ton or better NOx cost-effectiveness would be funded first to 

achieve the expected NOx emission reductions of 12 TPD by 2014. Further cost analysis is 

included in the socioeconomic report (provided under separate cover as Attachment G to the 

Board package). 

CALIFORNIA ENVIRONMENTAL QUALITY ACT 

Pursuant to California Environmental Quality Act (CEQA) Guidelines §15252 and 

SCAQMD Rule 110, the SCAQMD has prepared an Environmental Assessment (EA) for 

Proposed Rule 2449. The Draft EA was released for a 30-day public review and comment 

period from December 20, 2007 to January 18, 2008. No comments were received from the 

public relative to the environmental analysis in the Draft EA. The environmental analysis in 

the Draft EA concluded that Proposed Rule 2449 would not generate any significant adverse 

environmental impacts. 

Since the release of the Draft EA, minor modifications have been made to the document. 

However, none of the modifications alter any conclusions reached in the Draft EA, nor 

provide new information of substantial importance relative to the draft document. As a 

result, these minor revisions do not require recirculation of the Draft EA pursuant to CEQA 

Guidelines §15073.5. Therefore, the Draft EA is now a Final EA. 

PUBLIC COMMENTS 

The following summarizes public comments and staff responses regarding the development 

of Proposed Rule 2449 – Control of Oxides of Nitrogen Emissions from Off-Road Diesel 

Vehicles. Comments were received from the SOON Implementation Working Group which 

consisted of representatives from state and local agencies, private fleets, construction 

industry associations, and equipment manufacturers. Additionally, AQMD staff held a 

public workshop on December 4, 2007 which was attended by 53 people. The comment 

period closed on December 18, 2007 and comments were received both orally and written. 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 8 May 2008 

Comment 1. SOON funding will not be equally distributed, giving some fleets an 

advantage. 

Response 1. SOON funding guidelines have been developed to ensure equitable 

distribution. The majority of the funding (75%) will be awarded based on 

cost-effectiveness. The remaining (25%) of funding will be used to fund 

the most cost-effective projects in fleets that have requested high priority 

and have not been awarded funding to allow as many fleets as possible to 

receive funding. Staff believes that there will be many competitive 

projects available to the largest fleets targeted by this rule based on the 

large number of equipment contained in each fleet. Additionally, no fleet 

can receive more than 10% of the total funding available. Staff believes 

this will ensure equitable distribution of funding. 

Comment 2. Since fleets typically will be required to co-fund approximately 15% to 

20% of the cost of a repower, fleets may be forced to repower even in the 

event they are unable to cover this cost. 

Response 2. While the SOON funds are required to cover only the incremental cost of 

a repower resulting in the fleets co-funding of 15% to 20% of the cost, the 

fleet will realize substantial savings in statewide compliance costs when 

the SOON funded vehicle completes the SOON contract and re-enters the 

fleet where it can assist in meeting the requirements of the statewide 

regulation. 

Comment 3. Fleets should receive PM credit for particulate traps. 

Response 3. SOON funded projects will not be required to install verified particulate 

traps. However, if a fleet chooses, it can install a trap and the trap can be 

used to show compliance with the PM BACT and PM targets of the 

statewide rule. 

Comment 4. Multiple comments were received regarding the contract duration. There 

is concern that a seven year contract will limit a fleet’s ability to 

effectively manage its vehicles in terms of maintenance and demand. 

Vehicles that need to be moved out of the South Coast Air Basin will be 

difficult to monitor under SOON. 

Response 4. Staff understands the needs of fleets for operational flexibility and 

understands the limitations seven year contract duration may have on 

some fleets. However, the SOON program NOx reductions, critical for 

meeting the PM2.5 ambient air quality standards, must carry through and 

beyond 2015, and as such require the minimum seven year contract life. 

Staff believes that there is sufficient flexibility in current contracting 

practices to address this concern. Regardless, staff will continue to 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 9 May 2008 

evaluate on a case-by-case basis to include flexibility in terms of contract 

duration as the program progresses. 

Comment 5. Vehicles may need to be retired prior to SOON contract expiration 

because other parts of the vehicle are past their useful life. 

Response 5. If a vehicle would normally be replaced during the SOON contract period 

because of parts other than the engine are past their useful life, then this 

vehicle would not be a good candidate for the SOON program. However, 

fleet owners must carefully weigh the benefits of SOON funding against 

the additional costs of replacing not only the engine but other parts on the 

vehicle to ensure its operational viability through the SOON contract 

period and later when the vehicle can aid in meeting the statewide 

regulation requirements. Staff also believes that fleets of the size targeted 

by the SOON program should have many vehicles that should easily be 

included in the SOON program that would not have the limitation of parts, 

other than the engine, past their useful life. 

Comment 6. Some vehicles spend time in multiple districts. The SOON guidelines 

should address the percentage of time that must be spent in the South 

Coast Air Basin in order to be eligible for funding. 

Response 6. Assuming all other eligibility criteria are met, a vehicle will be eligible for 

SOON funding if it spends a majority of its time in the South Coast Air 

Basin in relation to all other air districts. For example, if it spends 34% of 

its time in the South Coast and 33% of its time in two other districts, it 

would be eligible for funding. Funding and cost effectiveness would be 

based on the historical hours of operation in the district (in this example 

34% of the vehicles total historical hours of operation). If the project 

receives funding, the vehicle must spend at least 75% of its operating time 

in the AQMD (in this case approximately 26% (75% of 34%) of the 

vehicles total historical operating hours) during the contract period. 

Comment 7. Contract duration should be based on total number of operating hours and 

not on a fixed number of years. 

 

Response 7. The SOON award process is based on cost-effectiveness which 

incorporates operational hours. In addition the SOON contract language 

specifies a range of annual hours of operation that the project must meet. 

These criteria ensure that the operational hours are included in the project. 

In the rare instance where the operational hours fall short or exceed the 

contractual obligations, there is flexibility available to allow modification 

to the contract so that the project remains in compliance with the SOON 

program requirements, and achieves equivalent reductions. 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 10 May 2008 

Comment 8. Because of the long time frame of the compliance plan, fleets may not be 

able to follow the plan due to changes in business climate, operational 

demands, etc. 

Response 8. The compliance plan is expected to be a “living” document that can be 

annually updated. This would be in concert with the statewide regulation 

annual reporting requirements and staff believes that during this process 

changes to the compliance plan could be most easily made and reported. 

Comment 9. AQMD may have to adopt the SOON component of the statewide 

regulation before the CARB statewide regulation is certified by the Office 

of Administrative Law (OAL). 

Response 9. The AQMD Governing Board will be considering proposed Rule 2449 

with the understanding that the Rule takes effect when the CARB 

regulation is certified by the Secretary of the State. In addition, the 

AQMD Governing Board approved an early release of a Program 

Announcement for the SOON program to provide sufficient time for 

affected fleets to work with staff and CARB to implement the Program for 

the first round of funding. Funding award is not anticipated until after the 

Regulation has been finalized. AQMD staff recognizes that this will cause 

some uncertainty for this first year of funding, but will continue to work 

with CARB staff and the affected fleets to ensure that the exact 

requirements necessary to complete the SOON application process are 

available and clearly communicated. 

Comment 10. Originally, this program was voluntary. Making it mandatory will make it 

difficult for contractors to comply and will therefore hurt them. 

Contractors will not have enough funds to meet both the CARB statewide 

regulation and the SOON rule unless they receive full funding. 

Response 10. The latest proposed SOON program would allow the first year (2008) to 

be voluntary. Regardless, affected fleets are encouraged to submit for 

funding in the first year so that staff can evaluate as early as possible, how 

fleets would be complying with the statewide regulation and the SOON 

Program. Since the SOON Program is proposed to be voluntary in the 

first year, fleets recommended for SOON funding have the option to not 

accept funding in the first year. Staff also believes that the cost of overall 

compliance will be reduced with participation in the SOON program 

because SOON funded vehicles will ultimately return to the fleet and 

assist in complying with the statewide regulation. In addition, the design 

of the statewide regulation and the SOON provision allow fleets 

significant flexibility to determine the least costly compliance path. 

Comment 11. The application process will require large time and financial commitments 

for relatively little funding. Time and efforts spent by many fleets will be 

wasted because many will not be funded in the end. 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 11 May 2008 

Response 11. Fleets will need to report their fleet makeup under the statewide 

regulations. As such, staff is committed to working with CARB staff to 

develop one set of tools and reporting procedures to help fleets with the 

application process in order to minimize time and money spent by all 

parties in the process. 

Comment 12. Eligibility should be based on the number of high-horsepower engines in a 

fleet. This will streamline the number of applications by removing large 

fleets with mostly low-horsepower engines from the application process. 

Response 12. Staff considered this approach, but at this time believes that there is 

insufficient information available on all fleets subject to the SOON 

program to develop a such a criteria and still ensure that enough fleets and 

vehicles would be subject to the SOON program to realize the necessary 

NOx reductions. However, staff will encourage fleets to submit their 

higher horsepower vehicles first during the bidders workshops to be held 

in January and February, 2008. 

Comment 13. SOON will cause overcompliance with the CARB statewide regulation 

because emissions reductions from Tier 0’s and Tier 1’s won’t be counted 

towards statewide compliance, which will result in higher turnover 

requirements. 

Response 13. Staff believes that this will not occur because the vehicle will fall back 

into the fleet and be counted towards statewide regulation requirements 

after the SOON contract expires. Staff has used CARB’s benefits model 

to model the effect of the SOON program. The results indicate that SOON 

has little effect on the overall compliance path (i.e., number of equipment 

repowered). 

Comment 14. If multiple air districts opt-in, and fleets operate in two or more of these 

districts, they will have to follow multiple compliance plans. There 

should be compatibility between air districts. 

Response 14. Fleets will be required to follow one compliance plan. However, since 

there is the potential that multiple compliance plan formats and reporting 

requirements could be realized, staff is working with CARB and other air 

district staff to ensure that the compliance plan formats and reporting 

requirements are as consistent as possible. 

Comment 15. Contract length and the compliance plan length should match. 

Response 15. Contract length must be a minimum of seven (7) years to ensure the 

emission reductions are in place to meet the PM2.5 ambient air quality 

standards. As provided in the Draft Administrative Guidelines, 

compliance plans, at a minimum, need to show fleet actions up to the next 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 12 May 2008 

two applicable SOON NOx target date (i.e., six years). Having the longer 

compliance plan length would allow fleets to better determine their SOON 

and statewide requirements. 

Comment 16. The cost-effectiveness requirement is unnecessary. Because these 

emissions are excess to CARB’s requirements, the low cost-effectiveness 

threshold will unfairly burden the larger contractors who use their 

equipment more hours annually. 

Response 16. While it is financially prudent to fund the most cost-effective projects, the 

award criteria have a 10% cap on the amount of funding that can be 

awarded to one fleet. Additionally, 25% of the funding will be distributed 

to ensure that at least one project in each fleet requesting high priority is 

funded as long as it is below the mandated Moyer cost-effectiveness cap. 

These criteria would allow more fleets to receive funding. 

Comment 17. The SOON program needs to be removed from the CARB rule and 

simplified. 

Response 17. Staff believes that the SOON regulation adopted by the CARB Board can 

be implemented in an efficient manner given the longer compliance period 

between the NOx targets (i.e., 3 years). The SOON regulation is intended 

to complement the Statewide Regulation and could not be separated since 

affected fleets must demonstrate compliance beyond the base statewide 

regulation. 

Comment 18. The eligibility date and percentage are arbitrary and problematic. The 

January 1, 2008 and 40% vehicle eligibility threshold exclude many large 

contractors with 39% or fewer eligible vehicles and preclude those who 

can drop below the 40% from exiting the SOON program. Contractors 

whose fleets become 40% Tier 0 and Tier 1 after January 1, 2008 are 

excluded from the program. 

Response 18. The eligibility language was adopted to ensure that only the older fleets 

with the largest number of Tier 0 and Tier 1 equipment would participate 

in the SOON program. The design of the program and the associated 

emission reductions require that the fleets, once included in the program, 

need to stay in the program. The January 1, 2008 deadline is needed to 

coordinate with the timing of the first program announcement, as fleets 

would need to know if they were required to participate in the SOON 

program. 

Comment 19. The annual CARB NOx fleet averages coupled with the SOON 3-year 

averages, make it impossible for contractors to develop reasonable 

compliance plans. The only way the SOON program can be implemented 

is if the CARB NOx fleet averages are made every three years for those in 

the SOON program. 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 13 May 2008 

Response 19. While the administrative requirements are somewhat more involved 

because of the two different NOx target timeframes, staff does not believe 

this makes the development of the compliance plan untenable. Staff 

believes that the compliance plan will most likely need to be updated on 

an annual basis which coordinates well with the annual reporting 

requirements of the statewide rule. 

Comment 20. Fleets are required to provide a report of all information required under 

section 2449(g) with the air district and CARB on their total statewide 

fleet and that part of their fleet that has operated within the air district. 

Guidelines should be revised to read: “If the part of the fleet operating 

within the district is a separate division or subsidiary of the statewide 

fleet, these fleet portions may report to the air district and fulfill their 

SOON program requirements as this separate division or subsidiary.” 

Response 20. The Statewide Regulation allows reporting and compliance to be 

demonstrated by divisions and subsidiaries. As such, the SOON program 

would allow similar reporting. 

Comment 21. CARB and AQMD should expand the existing calculator to create a 

compliance strategy reporting tool, which would give fleets time to 

compile data and develop a strategy by the deadline. The compliance tool 

should include the baseline fleet information and a non-binding proposed 

ARB Compliance Strategy through the next SOON compliance date. 

Response 21. Staff is currently working with CARB staff to develop tools to assist fleets 

in reporting and demonstrating compliance with the SOON requirements. 

Staff will continue to work with CARB and other air districts and plans to 

release these in time for fleets to use before the final SOON application 

deadline. 

Comment 22. Where the NOx average from the CARB compliance strategy is lower 

than SOON NOx targets, SOON compliance is complete and fleets are not 

required to provide any additional information. 

Response 22. If a fleet demonstrates through a compliance plan or through the required 

Statewide Regulation reporting that the fleet will comply with the 

applicable SOON NOx targets, the fleet does not need to apply for SOON 

funding. 

Comment 23. Comment was made that fleets should be allowed to exempt projects from 

applying for SOON funds based on cost-effectiveness, annual hours of 

operation, or engine tier. 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 14 May 2008 

Response 23. The SOON provision of the Statewide Regulation requires that fleets need 

to submit a sufficient number of SOON projects to meet the SOON NOx 

targets independent of cost-effectiveness or other criteria. 

Comment 24. The SOON program requires new engines to be outfitted with PM traps, 

but these traps are not funded with SOON/Moyer money. PM emission 

benefits are not included in the cost-effectiveness calculations, so the 

participating fleet would not receive a benefit for this added cost. Fleets 

should be able to select a different piece of equipment to outfit with the 

PM trap from a new SOON engine if higher emission reduction can be 

achieved this way. 

Response 24. Vehicles repowered with Moyer funds under the SOON program are not 

required to retrofit with a PM VDECS. However, if a fleet chooses to 

retrofit a SOON funded vehicle with a PM VDECS, it can use this toward 

compliance with the PM requirements of the base regulation.. 

Comment 25. Flexibility is needed in regard to cost effectiveness-caps, weighted 

formulae and project lives to keep the SOON program viable for public 

fleets because award amounts are often less than the non-reimbursable 

costs of participating. Public fleets should have a separate competitive 

category and project criteria from private fleets. 

Response 25. While public fleets have different funding mechanisms than do private 

fleets, we believe the awarding criteria are sufficiently flexible to provide 

equitable distribution of the funding for both private and public fleets. 

Comment 26. It is recommended that both Tier 0 and Tier 1 projects receive 

SOON/Moyer funding to allow fleets to meet their SOON program 

requirements. 

Response 26. The SOON program does allow both Tier 0 and Tier 1 projects to be 

submitted for funding. 

Comment 27. There is a great deal of information in the Draft Staff Report that is not 

included in the Proposed Rule Language in Appendix A. 

Response 27. The proposed rule language adopts the SOON provision of the Statewide 

Regulation by reference. The SOON provisions are designed as a 

complement to the Statewide Regulation. In addition, the regulation 

requires the development of district guidelines to implement the SOON 

program. 

Comment 28. Please specify how the fleet should calculate 40% of Tier 0 and Tier 1 

vehicles, by horsepower or vehicle population. 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 15 May 2008 

Response 28. The 40% calculation is based on vehicle number and not horsepower. 

Staff agrees that this should be clarified and have added a this clarification 

in section A(1) of the guidelines. 

Comment 30. Large fleets may not be able to meet the May 2, 2008 reporting deadline, 

especially if storms or other emergencies occur in the coming months. 

Please provide an abbreviated reporting requirement and allow more time 

to provide all required information. 

Response 30. AQMD staff has been working with CARB staff to develop a reporting 

tool that will simplify the reporting process. Staff believes that all fleets 

will have ample time to report required fleet information by the May 2, 

2008 deadline. However, should a fleet have extraordinary circumstances, 

staff will consider on a case-by-case basis. 

Comment 31. SOON funding should be extended to retrofit, repower, or replace dieselpowered portable equipment associated with off-road vehicles. 

Response 31. Portable equipment is not regulated under the Statewide Regulation. As 

such, SOON funding is not applicable for portable equipment. 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 16 May 2008 

PRELIMINARY DRAFT FINDINGS 

Proposed Rule 2449 is part of the AQMD’s strategy to attain federal and state ambient air 

quality standards. Long-term air quality benefits are expected from attaining and 

maintaining the ambient air quality standards for particulate matter. Improved air quality 

will ultimately reduce negative public health impacts from particulate matter. 

Proposed Rule 2449 incorporates CARB’s opt-in SOON program in order to achieve NOx 

emission reductions from off-road diesel-powered vehicles. The proposed rule addresses 

concerns raised by the public, wherever possible. Therefore, staff recommends the adoption 

of Proposed Rule 2449. 

These findings are being made in compliance with state law requirements. 

Draft Findings Required by the California Health and Safety Code 

Health and Safety Code (HSC) Section 40727 requires the AQMD to adopt written findings 

of necessity, authority, clarity, consistency, non-duplication, and reference. 

Necessity - The emission reductions associated with Proposed Rule 2449 are needed for the 

following reasons: 

a) State and federal health-based ambient air quality standards for particulate matter 

and ozone are regularly and significantly violated in the South Coast Air Basin. 

The reduction of nitrogen dioxide emissions from diesel powered vehicles through 

the implementation of Proposed Rule 2449 is needed to meet federal and state air 

quality standards. 

b) By exceeding state and federal air quality standards, the health of people within the 

South Coast Air Basin is impaired. 

c) By exceeding state and federal air quality standards, the quality of life is reduced 

in the South Coast Air Basin in numerous respects. 

d) The California Clean Air Act (HSC Section 40910 et seq.) requires that the air 

districts make every effort to attain federal and state ambient air quality standards 

as soon as practicable. 

Authority - The AQMD Board obtains its authority to adopt, amend, or repeal rules and 

regulations from HSC Sections 40000, 40001, 40440, 40441, 40447.5, 40463, 40702, 40725 

through 40728, and 40910 through 40920.5, inclusive. Authorization for the AQMD’s 

adoption of the SOON Program is specified in Title 13, California Code of Regulations, 

Section 2449.3 

Clarity - The AQMD Board determines that Proposed Rule 2449 is written or displayed so 

that its meaning can be easily understood by persons directly affected by it. 
Staff Report Proposed Rule 2449 

SCAQMD SR2449 - 17 May 2008 

Consistency - The AQMD Board determines that Proposed Rule 2449 is in harmony with, 

and not in conflict with or contradictory to, existing federal or state statutes, court decisions, 

or regulations. 

Non-Duplication - Proposed Rule 2449 does not impose the same requirements as any 

existing state or federal regulation and is necessary and proper to execute the powers and 

duties granted to, and imposed upon, the AQMD. 

Reference - In adopting this proposed rule, the Board references the following statutes which 

the AQMD hereby implements, interprets, or makes specific: HSC Sections 40001 (rules to 

achieve ambient air quality standards) and 40440(a) (rules to carry out AQMP). 

APPENDIX A 

RULE LANGUAGE 

(Adopted May 2, 2008) 

Rule 2449. Control of Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles 

The provisions of Article 4.8, Chapter 9, Title 13 of the California Code of Regulations (CCR), 

Section 2449.3, in effect (date to be inserted upon state regulation certified by the Secretary of 

State), were adopted in full by the South Coast Air Quality Management District on May 2, 2008 

through the “opt-in” provision provided in the regulation and were made part of the Rules and 

Regulations of the South Coast Air Quality Management District. 

The provisions of this Regulation apply to the owner of any off-road diesel vehicle as described 

in Section 2449.3(b) operating in the South Coast Air Quality Management District. Upon the 

District’s issuance of a solicitation for applications for funding, fleet owners subject to Section 

2449.3 shall submit applications for funding, in accordance with the Rule 2449 Administrative 

Guidelines developed to implement Section 2449.3. 

Title 13,

Chapter 9

Motor Vehicles – Off-Road Vehicles and Engines Pollution 

Control Devices 

Section 2449.3 Surplus Off-Road Opt-In for NOx (SOON) Program 

 (13 CCR 2449.3, date to be 

inserted upon state regulation 

certified by the Secretary of 

State) 

(Adopted date to be inserted 

upon state regulation 

certified by the Secretary of 

State) 

APPENDIX B 

TITLE 13, CALIFORNIA CODE OF REGULATIONS, SECTION 2449.3 

 SURPLUS OFF-ROAD OPT-IN FOR NOX (SOON) PRGRAM 

(NOTE: This section of the Final Regulation Order is provided for reference purposes 

only. The SOON regulation is taken from the California Air Resources Board website: 

http://www.arb.ca.gov/regact/2007/ordiesl07/fro.pdf (Pgs. 46 through 51) and replaces the 

version in the Draft Staff Report dated January 4, 2008. 

 

This Page Begins with 2449.3

46 

2449.3 Surplus Off-Road Opt-In for NOx (SOON) Program 

(a) Purpose

To achieve additional reductions of oxides of nitrogen (NOx) emissions from in-use offroad diesel-fueled vehicles in California. The reductions must be surplus to those that 

would otherwise be achieved through implementation of title 13, California Code of 

Regulations, sections 2449, 2449.1 and 2449.2, “Regulation for In-Use Off-Road Diesel 

Vehicles”. 

(b) Applicability 

(1) District Applicability - Section 2449.3 applies to any air quality management 

district or air pollution control district (jointly referred to hereafter as air district) 

whose governing board elects to opt into the provisions of this section as set 

forth in section 2449.3(f) below. 

(2) Fleet Applicability – Section 2449.3 applies to a fleet that: 

(A) Operates individual vehicles within the air district; 

(B) As of January 1, 2008, on a statewide level, consisted of more than 40 

percent Tier 0 and Tier 1 vehicles, and; 

(C) Has a statewide fleet with maximum power greater than 20,000 horsepower 

(hp). 

(c) Definitions 

The definitions in title 13, CCR, section 2449(c) apply, along with the following 

definitions: 

(1) Contract period means the period of time in which the vehicle participates in the 

program and is under contract to the air district to achieve additional emission 

reductions. 

(2) Operated within the district means a vehicle that currently operates within the 

boundaries of the air district and, during the three years immediately prior to the 

solicitation deadline, operated at least one hundred hours per year and operated 

more hours within the boundaries of the air district than in any other district. 

(3) Project means actions on one vehicle to reduce NOx emissions, such as retrofit, 

repower, or vehicle replacement, for which funding is requested. 

(4) Solicitation means a public announcement by the air district, requesting that 

fleets submit grant applications to the air district to participate in emission 

reduction incentive programs under this section. 

(5) Solicitation deadline means the last day, as provided in the solicitation, that an 

application may be physically received by the air district. 

(d) Requirements 

(1) If an air district, having held a public hearing and opted into the SOON program 

and made the program mandatory per section 2449.3(e)(9), issues a solicitation 

for applications for funding under the SOON program, and if the solicitation so 
This Page Begins with 2449.3(d)(1) 

47 

requires, a fleet that meets the applicability criteria of subsection (b) on the date 

of the solicitation must, before the solicitation deadline, do the following: 

(A) Report to District and ARB - File a report, in a format approved by the 

Executive Officer, of all information required under section 2449(g) with the 

air district and ARB on its statewide fleet and that part of the fleet that has 

operated within the air district, as defined in section (c)(2) above. If the 

solicitation deadline is before April 1, 2009, the fleet must provide information 

regarding the fleet as it existed on January 1, 2008. If the solicitation 

deadline is on or after April 1, 2009, the fleet must provide the information 

that was reported to ARB on the most recent April 1 reporting date. 

(B) Calculate NOx index - Determine the NOx index for vehicles that operated 

within the air district for the year in which the solicitation deadline occurs 

according to the formula in section 2449.1(a)(1)(A)1. 

(C) Calculate NOx target rate - Determine the NOx target rate for vehicles that 

operated within the air district for the year in which the solicitation deadline 

occurs according to the formula in section 2449.1(a)(1)(A)1, and using the 

NOx targets set forth in Table 1 below. If there is no NOx target rate for the 

year in which the solicitation deadline occurs, the nearest future target rate 

should be used. 

Table 1: NOx Targets for each Max Hp Group [g/bhp-hr]

Compliance 

Date: March 1 

of Year

25-49 

hp

50-74 

hp

75-99 

hp

100-174 

hp

175-299 

hp

300-599 

hp

600-750 

hp

>750 

hp

2011 5.6 6.2 6.7 6.0 5.4 5.1 5.3 6.4

2014 4.9 5.1 5.2 4.7 2.8 2.7 2.7 4.2

2017 4.2 4.1 3.8 3.4 1.5 1.5 1.5 3.2

2020 3.5 3.2 2.4 2.2 0.9 0.9 0.9 2.6

2023 3.5 3.2 2.4 2.2 0.9 0.9 0.9 2.6

(D) Apply for funding – Except as provided in section 2449.3(d)(2) and 

2449.3(e)(3) below, a fleet for which the NOx index, as calculated in section 

2449.3(d)(1)(B), is greater than the NOx target rate, as calculated in section 

2449.3(d)(1)(C), must apply for SOON funding. The application submitted 

must be completed according to the guidelines and conditions established 

under the solicitation and, if the necessary NOx retrofits, repower, or vehicle 

replacements are available, must indicate how NOx retrofits, repowers, or 

vehicle replacements for which funding is requested will bring the NOx index 

for vehicles that operated within the air district from where it would have been 

under compliance with section 2449.1 to less than or equal to the NOx target 

rate calculated in section 2449.3(d)(1)(C). The application must also indicate 

whether the fleet wants the application to be given high priority for SOON 

program funding by the district. The funding priority shall be determined 

under the air district guidelines developed per section 2449.3(f)(2). 

(E) Achieve NOx reductions - Fleets that receive SOON program funding must 

complete the actions for which they were funded per the conditions of the 

solicitation. Fleets that do not receive requested SOON program funding are 
This Page Begins with 2449.3(d)(1)(E)

48 

not required to take actions beyond compliance with the in-use off-road diesel 

vehicle regulation, as specified in sections 2449, 2449.1, and 2449.2. 

(2) Fleets not meeting the applicability provisions - A fleet that operates 

individual vehicles within the air district, but does not meet the applicability 

provisions of sections 2449.3(b)(2)(B) and 2449.3(b)(2)(C), are not required to 

file a report with the ARB or the air district under section 2449.3(d)(1). It is also 

not required to apply for funding under subsection (d)(1)(D), but may file a report 

with ARB or the air district under section 2449.3(d)(1) and apply for funding if the 

NOx index calculated for its fleet operating within the air district exceeds the NOx 

target rate, and the fleet would like to qualify for funding. If the air district 

approves the fleet’s application for funding, the fleet must achieve the NOx 

reductions as set forth in subsection (d)(1)(E). Participating in the SOON 

program in one year does not obligate the fleet to participate in subsequent 

years. 

(3) Air districts that opt into the SOON program – Districts must prioritize 

requested projects based on the optimum NOx cost-effectiveness and on 

whether the fleet requesting the SOON program funding has requested high 

priority for SOON program funding. Air districts must report to ARB, in a format 

approved by the Executive Officer, all projects funded under the SOON program, 

including the equipment identification number of all vehicles funded. 

(e) Special Provisions – 

(1) Accounting for the in-use off-road diesel vehicle rule - 

(A) Reductions achieved through the SOON program must be surplus, over the 

entire contract period, to those required by the “Regulation for In-Use OffRoad Diesel Vehicles”, sections 2449-2449.2 above. 

(B) During the contract period, vehicles equipped with NOx retrofits, repowered 

with new engines, or that have been replaced using SOON program funding, 

cannot use this lower emission rate to calculate NOx indices, PM indices, 

NOx target rates, PM target rates, turnover credit and retrofit credit under 

sections 2449.1 and 2449.2. Instead, for the purposes of calculating NOx 

indices, PM indices, NOx target rates, PM target rates, turnover credit and 

retrofit credit under sections 2449.1 and 2449.2, these vehicles must be 

reflected as if the actions taken under the SOON program did not occur. 

Actions taken using SOON program funding may be used for determining 

compliance under sections 2449.1 and 2449.2 after the completion of the 

SOON program project contract period for that vehicle. For example, if a Tier 

0 vehicle is repowered with a Tier 3 engine with SOON program funds, for 

purposes of compliance with sections 2449.1 and 2449.2, that vehicle is still 

treated as if it were a Tier 0 until the end of the contract period for the SOON 

program project. 

(C) If a fleet pays for a retrofit that is installed concurrently with a repower or 

vehicle replacement funded with SOON program funding, the fleet may count 

the retrofit toward determining compliance under section 2449.2. If a fleet’s 

vehicle is repowered using SOON program funding with a Tier 4 engine that 

comes with an original engine manufacturer diesel particulate filter, and if the 

fleet pays a portion of the repower costs such that it offsets the cost of an 
This Page Begins with 2449.3(e)(1)(C)

49 

equivalent retrofit diesel particulate filter, the fleet may count the retrofit 

toward determining compliance under section 2449.2. 

(2) Turnover in section 2449.1 - A fleet may apply to the Executive Officer for an 

extension from the requirements in section 2449.1(a)(2)(A) if, using the 

accounting provisions in section 2449.3(e)(1), section 2449.1(a)(2)(A) would 

require, prior to March 1, 2014, a fleet to turn over vehicles that are Tier 2 or 

better. The exemptions in section 2449.1(a)(2)(A)4.a. and section 

2449.1(a)(2)(A)5. for vehicles less than 10 years old and Tier 1 vehicles do not 

apply to the SOON program. 

(3) Compliance plans - In addition to a SOON program application, a fleet applying 

for SOON program funding must prepare and submit to the air district a 

compliance plan, in the format described in the district guidelines, laying out the 

actions it is required to take under sections 2449.1 and 2449.2 and the actions 

for which it is applying for funding under section 2449.3. Compliance plans must 

demonstrate that in the absence of any actions taken to satisfy section 2449.3, 

the fleet will be able to meet the requirements of sections 2449.1 and 2449.2 

through the remaining actions set forth in the plan. 

(4) Surplus - Participation in the SOON program does not reduce the actions 

required for any fleet to comply with any requirements in the statewide in-use offroad diesel vehicle regulation under sections 2449.1 and 2449.2. 

(5) Tracking devices - An air district may require any vehicle repowered, retrofitted, 

or replaced with incentive money through the SOON program to be equipped 

with a vehicle location device (per the air district’s guidelines and conditions for 

receiving funding) to ensure that the vehicle is used in the air district for the 

required percent of operating hours. 

(6) Particulate Matter Retrofits - 

a. The exemption from retrofit requirements for vehicles less than 5 years old in 

section 2449.2(a)(2)(A)4.a. does not apply to vehicles that are replaced or 

repowered with SOON program funds. 

b. If a fleet has a vehicle that has been retrofitted within the last six years with a 

Level 2 or 3 VDECS, which was the highest level VDECS at the time of 

retrofit, the fleet may but is not required to apply for SOON funding for that 

vehicle. 

c. A fleet that receives SOON funding to repower or replace a vehicle is not 

required to install the highest level VDECS along with the repower or 

replacement. 

(7) Funding Guidelines - Projects funded under the SOON program with Carl 

Moyer program money must be administered consistent with applicable Carl 

Moyer program guidelines, except as noted in section 2449.3(e)(6)c. If a project 

is funded from other sources, the SOON program must be administered 

consistent with any applicable guidelines. The air district shall develop guidelines 

for administration of the SOON program, as provided in section 2449.3(f)(2). 

(8) Vehicles Scheduled to Leave District – A fleet that has operated within the air 

district as defined in section 2449.3(c)(1) but that is planning to move vehicles 

out of the air district such that the vehicles will not operate enough hours in the 

air district to qualify for SOON funding may leave such vehicles out of the NOx 

index calculation in section 2449.3(d)(1)(B), the NOx target rate calculation in 

section 2449.3(d)(1)(C), and the application for funding in section 
This Page Begins with 2449.3(e)(8)

50 

2449.3(d)(1)(D). The fleet must submit a statement under penalty of perjury to 

the district for each such vehicle stating its intent to move each such vehicle out 

of the district. 

(9) Voluntary or Mandatory Nature of SOON- An air district, having held a public 

hearing and opted into this regulation, may issue a solicitation for applications for 

funding under the SOON program. 

a. For fleets in the South Coast Air Quality Management District and San 

Joaquin Valley Air Pollution Control District, solicitations with a deadline before 

April 2, 2009, shall be voluntary. For solicitations with a deadline on or after 

April 2, 2009, the South Coast Air Quality Management District and San 

Joaquin Valley Air Pollution Control District may elect to make participation by 

fleets voluntary or mandatory. 

b. In any district other than the South Coast Air Quality Management District or 

San Joaquin Valley Air Pollution Control District, for solicitations with a deadline 

before April 2, 2010, participation by fleets is voluntary. For solicitations with a 

deadline on or after April 2, 2010, the district may choose to make participation 

by fleets voluntary or mandatory. 

c. The solicitation shall announce the air district’s decision regarding voluntary or 

mandatory participation. 

(f) Local Air District Opt-In 

(1) To participate in the SOON program, an air district’s governing board must hold a 

formally noticed public hearing, where public comment is taken, and, by majority 

vote, elect to opt into the program. As part of this hearing, for years when 

section 2449.3(e)(9) gives the district a choice between a voluntary and 

mandatory SOON program, the air district’s governing board must decide 

whether participation by fleets is voluntary or mandatory. 

(2) District Guidelines - An air district opting into section 2449.3 must develop, 

through a public process including a duly noticed public workshop and formally 

noticed public hearing, additional administrative provisions necessary to 

implement this section, including, but not limited to, funding guidelines (as 

required under section 2449.3(e)(7)), compliance planning requirements, and 

reporting and monitoring requirements. Funding guidelines may include 

limitations on the cost-effectiveness of projects that may be funded and must 

include the method used for prioritizing projects based on cost-effectiveness and 

whether applying fleets requested high priority for SOON program funding, and 

a description of any requirements on fleets that receive SOON funding to pay 

part of the SOON project cost. Compliance planning guidelines must indicate 

the format and length of compliance plans. Air district guidelines may include a 

pre-application process that collects vehicle data (model year, horsepower, 

hours of use) and then requires full SOON project applications only for vehicles 

likely to receive funding. 

(3) ARB Approval of District Guidelines - Before any guidelines, including 

administrative or funding guidelines, approved by an air district take effect, they 

must be approved by the Executive Officer. Air district staff shall submit 

proposed guidelines to the Executive Officer before they are acted on by the 

district’s governing board. The Executive Officer will respond within 30 days with 
This Page Begins with 2449.3(f)(3) 

51 

a description of any required changes to the proposed guidelines necessary for 

Executive Officer approval. In evaluating proposed air district guidelines, the 

Executive Officer shall consider, among other factors, the adequacy of costeffectiveness criteria, whether fleet requests for high priority for SOON funding 

are given preference, and uniformity of district guidelines between air districts. 

After guidelines are adopted by a district’s governing board, air district staff shall 

submit the adopted guidelines to the Executive Officer. The Executive Officer will 

respond within 30 days with approval or a description of any required changes to 

the guidelines. 

(4) ARB Authority – ARB has sole authority to enforce the requirements of section 

2449.3. The Executive Officer retains the authority to review any district’s 

administration of section 2449.3 and to address any unforeseen circumstances 

or events. 

Authority and References- This regulatory action is proposed under the authority 

granted to the ARB in Health and Safety Code sections 39002, 39515, 39516, 39600, 

39601, 39602, 43000, 43000.5, 43013, 43016, and 43018. This action is proposed to 

implement, interpret, or make specific Health and Safety Code sections 39002, 39515, 

39516, 39600, 39601, 39602, 39650, 39656, 39657, 39658, 39659, 39665, 39667, 

43000, 43000.5, 43013, 43016, and 43018. 
APPENDIX C 

DRAFT 

PROPOSED RULE 2449 ADMINISTRATIVE GUIDELINES 

Draft Administrative Guidelines Proposed Rule 2449 

SCAQMD - 1 - May 2008 

PROPOSED RULE 2449 ADMINISTRATIVE GUIDELINES 

INTRODUCTION

Title 13, Section 2449 of the California Code of Regulation (CCR), “Emission Standards for 

In-Use Off-Road Diesel-Fueled Fleets,” was adopted by the California Air Resources Board 

(CARB) in July 2007. The regulation requires off-road diesel vehicle fleets to meet 

increasingly more stringent NOx and PM fleet average standards beginning in 2010 to 

achieve NOx and PM2.5 reductions. A provision of this rule (Title 13, CCR, Section 2449.3) 

allows air districts to opt-in and require the largest fleets to apply for funds to meet more 

stringent NOx targets, thereby achieving additional NOx reductions earlier. Emission 

reductions achieved must be surplus to those required from the statewide regulation (Title 13, 

CCR, Section 2449.1 and 2449.2). 

The opt-in provision is also known as the Surplus Off-road Opt-in for NOx (SOON) 

program. If an air district formally opts-in to the SOON program, it is required to develop 

administrative and funding guidelines that outline additional provisions beyond existing 

guidelines such as the Carl Moyer Memorial Air Quality Standards Attainment Program 

(Carl Moyer Program) necessary to implement the SOON program. Pursuant to Section 

2449.3(e)(7), any funding awards must be consistent with the Carl Moyer Program. The 

South Coast Air Quality Management District (AQMD) has adopted specific policies and 

procedures to implement the Carl Moyer Program. The policies and procedures for the 

implementation of the Carl Moyer Program will serve as the basis for the SOON program. 

Additional administrative or funding guidelines must be developed to implement the SOON 

Program. At a minimum, the additional guidelines must include project selection criteria, cofunding requirements, and reporting and monitoring requirements. 

Proposed Rule (PR) 2449 – Control of Oxides of Nitrogen Emissions from Off-Road Diesel 

Vehicles, incorporates by reference Title 13, CCR, Section 2449.3 upon adoption by the 

AQMD Governing Board. The following sets forth additional guidelines as required under 

Title 13, CCR, Section 2449.3(f)(2). These guidelines will be reviewed, at a minimum, on an 

annual basis, and may be updated to reflect the most recent applicable Carl Moyer guidelines 

or other administrative or funding guidelines approved by the District Governing Board. 

GUIDELINES

The guidelines described below are proposed to be in addition to the most current Policies 

and Procedures for the Carl Moyer Program adopted by the AQMD Governing Board. Any 

fleet that operates off-road diesel vehicles in the AQMD that are subject to Title 13, CCR, 

Section 2449.3(b) must, after April 2, 2009, apply for funding for those off-road vehicles 

operating a majority of the time in the AQMD, and the emission reductions must be surplus 

to the provisions of Sections 2449.1 and 2449.2, Title 13, CCR. 
Draft Administrative Guidelines Proposed Rule 2449 

SCAQMD - 2 - May 2008 

A. Vehicle Qualification / Eligibility in SOON Fleet 

Pursuant to Title 13, CCR, Section 2449.3(b)(2), a fleet is subject to the SOON requirements 

if it consists of more than 40 percent of Tier 0 and Tier 1 vehicles statewide as of January 1, 

2008, and operates individual vehicles within the district. 

1. Percentage of fleet that is Tier 0 and Tier 1 is based on vehicle number and not 

horsepower. However, calculation of the SOON NOx index and SOON NOx targets 

in section 2449.3 (d)(1)(B) and 2449.3 (d)(1)(C) will be based on each engine. For 

example if a vehicle has two engines then the NOx Index and NOx target calculations 

will be determined using each engine separately and not as the total horsepower 

combined. 

2. Operated within the district is defined [Title 13, CCR, Section 2449.3(c)(2)] as a 

vehicle that currently operates in the district and for the three years immediately 

preceding the AQMD SOON program announcement deadline, operated more than 

100 hours annually, and operated more hours within the boundaries of the AQMD 

than any other air district. 

o Currently operates is defined as having operated or will operate in the AQMD 

during the year immediately preceding the active SOON program 

announcement deadline. 

o Operated more hours within the AQMD’s boundaries than in any other 

district means that the total number of hours operated in the AQMD’s 

boundaries in the three years immediately preceding the active SOON 

program announcement deadline are greater than the total hours operated over 

the same timeframe within any other single district’s boundaries. 

3. Pursuant to Section 2449.3(d)(2) fleets with a statewide maximum power less than or 

equal to 20,000 (hp) are not subject to the SOON provisions, but may apply for 

SOON funding if they do not meet the SOON NOx targets. 

4. Pursuant to Section 2449.3(e)(8), fleets with vehicles that qualify for inclusion in the 

SOON program but are planning to move vehicles out of the AQMD such that the 

vehicles will not operate enough hours in the AQMD to qualify for SOON funding, 

are not required to include such vehicles in meeting the NOx index calculation in 

Section 2449.3(d)(1)(B), the NOx target rate calculation in Section 2449.3(d)(1)(C), 

and the application for funding requirements of the SOON program. The vehicle 

must meet all requirements of Section 2449.3(e)(8) to qualify for this provision. 

5. If a fleet has a vehicle that has been retrofitted within the last six years with a Level 2 

or 3 VDECS, which was the highest level VDECS at the time of retrofit, the fleet 

may but is not required to apply for SOON funding for that vehicle. 
Draft Administrative Guidelines Proposed Rule 2449 

SCAQMD - 3 - May 2008 

B. Compliance Plan Requirements 

Title 13, CCR, Section 2449.3(e)(3), requires fleets applying for SOON funding to submit a 

compliance plan in addition to their application. The compliance plan must describe actions 

the fleet must take to meet the fleet average and BACT requirements of the statewide 

regulation (Title 13, CCR, Sections 2449.1 and 2449.2) and actions to meet the more 

stringent SOON NOx fleet targets. AQMD would review and provide its initial approval 

within 45 days after a plan is deemed complete. (CARB has a separate approval process, 

which the AQMD would work with CARB to obtain CARB’s approval in a timely manner.) 

Information that must be submitted as part of the compliance plan includes: 

1. Fleet Information – 

a. Information required as part of Title 13, CCR, Section 2449(g)(1)(B), for each 

vehicle and includes: 

o Vehicle type; 

o Vehicle manufacturer; 

o Vehicle model; 

o Vehicle model year; 

o Vehicle serial number; 

o If vehicle is low use, specialty, dedicated emergency, dedicated snow 

removal, or is used for agricultural operations for over half of its annual 

operating hours; 

o For each engine that propels the vehicle, the engine manufacturer, USEPA 

certified engine family (if any), engine serial number, engine model year 

and/or production year, engine maximum power (net horsepower, or net 

flywheel horsepower as certified by the Society of Automotive Engineers 

(SAE), or if this is not readily available, a horsepower on the label of the 

engine, or in the service literature for the engine can be used), type of retrofit 

emission control (if any), date installed, and its verification level. 

o Whether the vehicle has been retrofit, repowered, or replaced with SOON 

funding, and if so, the start and end of dates of the contract period. 

b. Information necessary to demonstrate eligibility for vehicles subject to AQMD 

SOON provisions: 

o Percentage of Tier 0 and Tier 1 equipment as of January 1, 2008 

o Total fleet horsepower subject to CARB regulation 

o Vehicle operational time and location for past three (3) years 

o Whether the vehicle is scheduled to leave the AQMD, and if so, the 

appropriate statement under penalty of perjury stating the fleet’s intent to 

move the vehicle out of the AQMD. 

c. If credit will be taken for early repowers, retirements, or retrofits for the purpose 

of complying with the statewide rule, fleet information must be submitted from 

the year of the earliest action to the current year for all vehicles used to generate 

the early credits. 
Draft Administrative Guidelines Proposed Rule 2449 

SCAQMD - 4 - May 2008 

2. Fleet Actions – 

Sufficient information must be supplied in the compliance plan detailing actions 

planned or taken on each piece of equipment in a fleet to meet the statewide 

requirements as well as the actions necessary to meet the SOON NOx targets. As the 

SOON NOx targets are set for every 3 years (2011, 2014, 2017, 2020, 2023), 

additional actions taken each year from the current year to the next two future 

applicable SOON NOx target date must be identified (e.g., if the compliance plan is 

being prepared for the year 2008, the plan must cover years through 2014). If credit 

will be taken for early repowers, retirements, or retrofits, fleet actions taken before 

the current year must be submitted for all vehicles used to generate the early credits. 

Information must include for each year and each vehicle: 

o Action taken – retire, replace, repower, or retrofit 

o For replacement, all information listed in Section 2449 (g)(1)(B) for the new 

vehicle 

o For repower, information about the new engine including engine 

manufacturer, engine family (if any), engine serial number, engine model 

year, engine maximum power, type of retrofit emission control equipment 

installed (if any), date installed and its verification level. 

o For retrofit, type of retrofit emission control equipment, and verification level. 

C. SOON Application Requirements 

1. Application - 

Pursuant to Section 2449.3(d)(1)(D) a fleet must apply for sufficient funding to 

repower, replace, or retrofit vehicles so that the SOON portion of the fleet (all 

vehicles in the fleet that operated within the district) will meet or exceed the 

applicable fleet NOx target if all projects were funded. The application and all 

necessary information needed as part of the application are explained in the program 

announcement. Information required includes: 

o Contact information

o Vehicle information (make, model, model year, etc.)

o Project life (minimum is 7 years)

o Project type 

o Vehicle activity information (i.e. fuel usage, hours of operation)

o Cost information (including vendor quotes)

2. High Priority Request - 

Pursuant to Title 13, CCR, Section 2449.3(d)(1)(D), fleets must designate for each 

SOON program project application whether they wish the project to receive high 

priority for funding. 

3. Annual Hours of Operation - 

A project’s annual hours of operation will be equal to the average of the operating 

hours in the SCAQMD over the two years immediately preceding the active SOON 

program announcement deadline. The hours the vehicle operated in the SCAQMD 
Draft Administrative Guidelines Proposed Rule 2449 

SCAQMD - 5 - May 2008 

will be used to calculate the projects cost effectiveness as well as the subsequent 

requirement of minimum operating time in the district should the project receive 

funding. For example, should a vehicle operate on average for the past three years 

400 hours each in two other air districts and 500 hours in the SCAQMD that vehicle 

would qualify for the AQMD SOON program, but only for the 500 hours it averages 

in the AQMD. The vehicles cost-effectiveness would be evaluated on the 500 hours, 

and should the vehicle receive funding, it would be required to operate on the 

average, 75% of its 500 hours or 375 hours annually in the AQMD for the life of the 

project. 

D. Operational Requirements 

1. Contract duration – 

Minimum contract duration or project life is set at seven (7) years unless otherwise 

noted in the program announcement. 

2. Electronic Monitoring Unit – 

SOON funded vehicles are required to install a district approved electronic 

monitoring unit. The unit will be funded with SOON funds, and as such will be 

included in the cost-effectiveness calculation and must meet the cost-effectiveness 

cap. The full cost of the unit will be funded by the SOON program and is not 

included in the determination of the incremental cost (i.e., the fleet will not need to 

co-fund a portion of the unit as they would have to if it were included in the total cost 

of the repower). 

E. Project Award 

The first 75% of the available funding will be awarded strictly on cost-effectiveness criteria. 

A $5,000 per ton of NOx reduced cost-effectiveness value will be used as the benchmark. 

Most projects are expected to be below this benchmark (i.e. will be more cost-effective). 

However, projects at higher cost-effectiveness values can still be funded as long as they are 

below the cost-effectiveness cap mandated by the applicable Moyer Guidelines. The 

remaining 25% will be distributed to the most cost-effective project presented by each fleet 

with the goal of funding at least one project per fleet. The funding will be distributed 

beginning with the most cost-effective projects presented by a fleet not having received 

funding in the first round and requesting high priority for the projects until the 25% of the 

funding is all awarded. If funding is still available after all fleets have at least one project 

funded, the remaining funds will go to the next most cost-effective projects available from all 

of the fleets. At no time will a fleet receive more than 10% of the available SOON funding. 

All other criteria being equal, projects greater than 250 horsepower will receive funding 

before projects less than 250 horsepower. 
Draft Administrative Guidelines Proposed Rule 2449 

SCAQMD - 6 - May 2008 

F. Co-funding 

Most SOON projects are expected to be repowers to Tier 3 engines or cleaner. Consistent 

with the draft 2008 Carl Moyer Program Revisions, SOON repower projects will be funded 

at the full incremental cost of the repower which will require the project owner to co-fund 

15% of the cost of the repower with the SOON program providing 85% of the repower costs. 

The exception to this requirement is where it could reasonably be determined that the fleet 

would not have incurred the rebuild cost (e.g. the replaced engine was recently rebuilt). For 

the purpose of this provision, a rebuild refers to a rebuild of an engine or engine system, 

including a major overhaul in which you replace the engine’s pistons or power assemblies or 

make other changes that significantly increase the service life of the engine. It may also 

include replacing or rebuilding an engine’s turbocharger or aftercooler or the engine’s 

systems for fuel metering or electronic control so to significantly increase the service life of 

the engine. The following maintenance does not constitute a rebuild: 

(1) Scheduled emission-related maintenance during the useful life period (such as replacing 

fuel injectors). 

(2) Unscheduled maintenance that occurs commonly within the useful life period. For 

example, replacing a water pump is not rebuilding an engine. 

If the engine rebuild was completed in the 12 months prior to the contract date, the grantee 

must provide the AQMD with documentation of the rebuild to qualify for this provision. 

Rebuild documentation may include, but is not be limited to, dated work orders, sale invoices 

for parts, and/or maintenance records. For engine rebuilds completed in the 13 to 36 months 

prior to the contract date, the grantee must provide the AQMD with documentation of the 

rebuild and documentation that grantee’s normal business practice is to rebuild on an interval 

equal to or greater than the contract project life plus the time since last rebuild to qualify for 

this provision. Documentation for extended rebuild intervals includes, but is not limited to, 

historical maintenance records for the equipment or fleet policy on rebuild intervals. Engine 

rebuilds completed more than 36 months prior to contract date are not considered “recent” 

and do not qualify for this provision. 

G. Vehicle Replacement 

It is expected that a majority of the projects submitted for funding will be Tier 0 or 1 engine 

repowers to Tier 3 engines. However, there may not be Tier 3 repower solutions for certain 

categories of off-road vehicles. Given the need to accelerate turnovers of Tier 0 engines, 

projects proposals for replacement of an existing piece of equipment will be considered for 

funding award if the applicant demonstrates that no repower solution is available or that 

historically, the applicant replaces vehicles rather than performing engine rebuilts or 

repowers. 

The South Coast AQMD will be preparing an action plan for the Off-Road Vehicle 

Replacement Program as required under the 2008 Carl Moyer Guidelines. The vehicle 

replacement program criteria described in Chapter 7 “Off-Road Equipment Replacement” of 
Draft Administrative Guidelines Proposed Rule 2449 

SCAQMD - 7 - May 2008 

CARB’s 2008 Moyer Guidelines serves as the basis for replacement projects submitted for 

SOON funding. Other requirements for the replacement program will be discussed in the 

proposed action plan. The proposed action plan will be submitted to CARB for approval as 

required under the 2008 Carl Moyer Guidelines. No Moyer funding will be recommended 

for award for replacement projects submitted under the SOON Program solicitations until the 

action plan is approved by CARB.