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-Road Vehicles, Drayage Trucks, 

Municipality And Utility Vehicles, Mobile Cargo Handling Equipment, Portable Engines 

and Equipment, Heavy Duty Engines and Vehicle Exhaust Emissions Standards and 

Test Procedures and Commercial Motor Vehicle Idling 

WHEREAS, on December 12, 2008, the Air Resources Board (ARB or Board) 

conducted a hearing to consider the proposed adoption of section 2025, title 13, 

California Code of Regulations (Cal. Code Regs.), entitled “Regulation to Reduce 

Emissions of Diesel Particulate Matter, Oxides of Nitrogen 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 Definitions of Diesel Particulate Matter 

Control Measures,” sections 2022 and 2022.1, “Diesel Particulate Control Measure for 

Municipality or Utility On-Road Heavy-Duty Diesel-Fueled Vehicles,” section 2027, 

“Regulation to Control Emissions from In-Use On-Road Diesel-Fueled Heavy-Duty 

Drayage Trucks,” sections 2449 and 2449.3, “Regulation for In-Use Off-Road 

Diesel-Fueled Fleets,” sections 2451, 2452, 2453, 2455, 2456, 2458, 2461, and 2462 of 

the “Statewide Portable Equipment Registration Program;” section 2479, “Regulation for 

Mobile Cargo Handling Equipment at Ports and Intermodal Railyards,” section 2485, 

“Airborne Toxic Control Measure to Limit Diesel Fueled Commercial Motor Vehicle 

Idling,“ section 1956.8, “Exhaust Emissions Standards 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 adopted 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 amendments to sections 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., as set forth in Attachment B and modified by 

Attachment D thereto; 

WHEREAS, Resolution 08-43, directed the Executive Officer to adopt the regulations, 

after making the modified regulatory language and any additional supporting 

documents and information available for public comment for a period of at least 15 

days, “provided that the Executive Officer shall consider such written comments and 

additional supporting documents and information as may be submitted during this 

period, shall make such modifications as may be appropriate 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, with the changes to the 

originally proposed text clearly indicated, have been make available for public comment 

for a period of 15 days in accordance with the provisions of title 1, Cal. Code Regs., 

section 44; 
WHEREAS, the no written comments were received during this 15 day period that 

address the modifications proposed to the amendments; and 

WHEREAS, the Executive Officer has deemed it is necessary to bifurcate the 

amendments to sections 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., as 

modified and approved by the Board amendments from the new regulations proposed 

and approved in section 2025, title 13, Cal. Code Regs., because the regulations are 

presently in effect and the amendments, many of which are intended to clarify the rights 

and responsibilities of stakeholders under the existing 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 sections 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 appended to this Order as Attachment 1. 

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

 /s/ 

 

 James N. Goldstene 

Executive Officer 

Attachment