State of California

AIR RESOURCES BOARD

Executive Order R-09-010

Relating to Regulation to Reduce Emissions From In- Use On-Road Diesel Vehicles, And Amendments to the Regulations For In-Use Off-Ro ad Vehicles, Drayage Trucks, Municipality And Utility Vehicles, Mobile Cargo Han dling Equipment, Portable Engines and Equipment, Heavy Duty Engines and Vehicle Exhau st Emissions Standards and

Test Procedures and Commercial Motor Vehicle Idling

WHEREAS, on December 12, 2008, the Air Resources Bo ard (ARB or Board) conducted a hearing to consider the proposed adopti on of section 2025, title 13, California Code of Regulations (Cal. Code Regs.), e ntitled “Regulation to Reduce Emissions of Diesel Particulate Matter, Oxides of N itrogen and Other Criteria Pollutants from In-Use Heavy-Duty Diesel-Fueled Vehicles” and proposed amendments to title 13, Cal. Code Regs., section 2020, “Purpose and Definit ions of Diesel Particulate Matter Control Measures,” sections 2022 and 2022.1, “Dies el Particulate Control Measure for Municipality or Utility On-Road Heavy-Duty Diesel-F ueled Vehicles,” section 2027, “Regulation to Control Emissions from In-Use On-Roa d Diesel-Fueled Heavy-Duty Drayage Trucks,” sections 2449 and 2449.3, “Regulat ion for In-Use Off-Road
Diesel-Fueled Fleets,” sections 2451, 2452, 2453, 2 455, 2456, 2458, 2461, and 2462 of the “Statewide Portable Equipment Registration Prog ram;” section 2479, “Regulation for Mobile Cargo Handling Equipment at Ports and Interm odal Railyards,” section 2485,

“Airborne Toxic Control Measure to Limit Diesel Fue led Commercial Motor Vehicle Idling,“ section 1956.8, “Exhaust Emissions Standar ds and Test Procedures – 1985 and Subsequent Model Heavy-Duty Engines and Vehicles,” and proposed amendments to title 17, Cal. Code Regs. sections 93116.1, 93116.2 and 93116.3 of the “Airborne Toxic

Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater;

WHEREAS, following the public hearing, the Board ad opted Resolution 08-43, in which the Board approved section 2025, title 13, Cal. Code Regs., as set forth in Attachment A and modified by Attachment C thereto, and the ame ndments to sections 2020, 2022, 2022.1, 2027, 2449 and 2449.3, 2451, 2452, 2453, 24 55, 2456, 2458, 2461, 2462, 2479, 2485, and 1956.8, title 13, Cal. Code Regs., and sections 93116.1, 93116.2, and 93116.3, title 17, Cal. Code Regs., as set forth in Attachment B and modified by Attachment D thereto;

WHEREAS, Resolution 08-43

, directed the Executive Officer to adopt the regulat ions, after making the modified regulatory language and any additional supporting documents and information available for public comm ent for a period of at least 15 days, “provided that the Executive Officer shall co nsider such written comments and additional supporting documents and information as may be submitted during this period, shall make such modifications as may be app ropriate in light of the comments received, and shall present the regulations to the Board for further consideration if he determines that this is warranted”;

WHEREAS, the approved amendments set forth above, w ith the changes to the originally proposed text clearly indicated, have be en make available for public comment for a period of 15 days in accordance with the prov isions of title 1, Cal. Code Regs.,
section 44;WHEREAS, the no written comments were received duri ng this 15 day period that

address the modifications proposed to the amendment s; and

WHEREAS, the Executive Officer has deemed it is nec essary to bifurcate the amendments to sections 2020, 2022, 2022.1, 2027, 24 49 and 2449.3, 2451, 2452, 2453, 2455, 2456, 2458, 2461, 2462, 2479, 2485, and 1956.8, title 13, Cal. Code Regs., and sections 93116.1, 93116.2, and 93116.3, title 17, Cal. Code Regs., as modified and approved by the Board amendments from the new regulations proposed and approved in section 2025, title 13, Cal. Code R egs., because the regulations are presently in effect and the amendments, many of whi ch are intended to clarify the rights and responsibilities of stakeholders under the exis ting regulations, need to become operative as soon as possible.

NOW, THEREFORE, IT IS ORDERED that the recitals and findings contained in

Resolution 08-43 are incorporated herein.

IT IS FURTHER ORDERED, that the amendments to secti ons 2020, 2022, 2022.1, 2027, 2449 and 2449.3, 2451, 2452, 2453, 2455, 2456 , 2458, 2461, 2462, 2479, 2485, and 1956.8, title 13, Cal. Code Regs., and sections 93116.1, 93116.2, and 93116.3, title 17, Cal. Code Regs., are adopted as set forth in Attachment B, and modified in Attachment D to Resolution 08-43, which are appende d to this Order as Attachment 1.

Executed this 19 day of October 2009, at Sacramento, California.

/s/

James N. Goldstene

Executive Officer

Attachment