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§ 2449.1. Performance Requirements.

13 CA ADC § 2449.1

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Each fleet must meet the fleet average requirements in this section before January 1 of each year or demonstrate that it met the 

BACT requirements as described in section 2449.1(b).

Captive attainment area fleets, and fleets owned by non-profit training centers or low-population county local municipalities are 

subject to the small fleet requirements, even if their total max hp exceeds 2,500 hp. Section 2449(d)(3) describes requirements for 

fleets that change size.

(a) Fleet Average Requirements

For each compliance date, a fleet must demonstrate that its fleet average index was less than or equal to the calculated fleet average 

target rate.

The equation for calculating fleet average target rate is below:

Fleet average target rate = [SUM of (max hp for each engine in fleet

multiplied by the target for each engine in

fleet) for all engines in fleet] divided by

[SUM of (max hp) for all engines in fleet]

where the target in g/bhp-hr is shown in

Tables 3 and 4 below. To find the target for

each engine, read the value for the appropriate

row based on the compliance year and the

appropriate column based on the engine's

max hp from Table 3 for medium and large

fleets, and Table 4 for small fleets.

The equation for calculating fleet average index is below:

Fleet average index = [SUM of (max hp for each engine in fleet

multiplied by emission factor multiplied by the

VDECS Factor for each engine in fleet) for all

engines in fleet] divided by [SUM of (max hp)

for all engines in fleet]

where emission factor in g/bhp-hr is shown in

Appendix A, and the VDECS factor is shown in

Table 2 below.

Table 2 - VDECS Factor

VDECS VDECS Factor

No VDECS Installed or 1

Level 1 VDECS

Level 2 PM VDECS, not 0.82

highest level

Level 2 PM VDECS, not 1 Minus (0.18 + (Verified Percent NOx

highest level, with NOx Reduction Divided by 170))

California Code of Regulations 

Barclays Official California Code of Regulations Currentness

Title 13. Motor Vehicles 

Division 3. Air Resources Board

Chapter 9. off-Road Vehicles and Engines Pollution Control Devices

Article 4.8. in-Use off-Road Diesel-Fueled Fleets (Refs & Annos)

13 CCR § 2449.1

§ 2449.1. Performance Requirements.

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Reduction

Highest Level PM VDECS 0.7

Highest Level PM VDECS 1 Minus (0.3 + (Verified Percent NOx

with NOx Reduction Reduction Divided by 170))

NOx Reduction only 1 Minus (Verified Percent NOx Reduction

Divided by 170)

(1) Fleet Average Targets for Large and Medium Fleets - Table 3 shows the targets used to calculate the fleet average target rate 

for each compliance date for large and medium fleets.

Table 3 - Large and Medium Fleet Targets for Each Max Hp Group

For Use in Calculating Fleet Average Target Rates [g/bhp-hr]

Compliance Date:

January 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

2014 (Large Fleets Only) 5.8 6.5 7.1 6.4 6.2 5.9 6.1 7.2

2015 (Large Fleets Only) 5.6 6.2 6.7 6 5.8 5.5 5.6 6.8

2016 (Large Fleets Only) 5.3 5.8 6.2 5.5 5.3 5.1 5.2 6.5

2017 5.0 5.4 5.5 4.9 4.7 4.5 4.6 6.0

2018 4.7 5.0 4.8 4.3 4.1 4.0 4.0 5.5

2019 4.4 4.6 4.1 3.7 3.5 3.4 3.4 5.0

2020 4.1 4.2 3.4 3.1 2.9 2.8 2.9 4.5

2021 3.8 3.8 2.7 2.5 2.3 2.2 2.3 4.0

2022 3.5 3.4 2.0 1.9 1.7 1.7 1.7 3.5

2023 3.3 3.0 1.4 1.3 1.5 1.5 1.5 3.4

(2) Fleet Average Targets for Small Fleets - Table 4 shows the targets used to calculate the fleet average target rate for each 

compliance date for small fleets.

Table 4 - Small Fleet Targets for Each Max Hp Group

For Use in Calculating Fleet Average Target Rates [g/bhp-hr]

Compliance Date:

January 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

2019 5.8 6.5 7.1 6.4 6.2 5.9 6.1 7.2

2020 5.6 6.2 6.7 6.0 5.8 5.5 5.6 6.8

2021 5.3 5.8 6.2 5.5 5.3 5.1 5.2 6.5

2022 5.0 5.4 5.5 4.9 4.7 4.5 4.6 6.0

2023 4.7 5.0 4.8 4.3 4.1 4.0 4.0 5.5

2024 4.4 4.6 4.1 3.7 3.5 3.4 3.4 5.0

2025 4.1 4.2 3.4 3.1 2.9 2.8 2.9 4.5

2026 3.8 3.8 2.7 2.5 2.3 2.2 2.3 4.0

2027 3.5 3.4 2.0 1.9 1.7 1.7 1.7 3.5

2028 3.3 3.0 1.4 1.3 1.5 1.5 1.5 3.5

(b) BACT Requirements

Each year, a fleet must determine if it will be able to meet the fleet average requirements in section 2449.1(a) for the next January 1 

compliance date, and if not, it must meet the BACT requirements in section 2449.1(b)(1) below prior to the January 1 compliance 

date.

A fleet may meet the BACT requirements by performing turnover or installing VDECS as described in section 2449.1(b)(10) below. 

Vehicles exempt from the performance requirements under section 2449(e) cannot be used to generate BACT credits.

(1) BACT Rate - If a fleet does not meet the fleet average target rate in section 2449.1(a), it must demonstrate that during the 

calendar year prior to the compliance date, it has earned the amount of BACT credit (in hp) necessary to meet or exceed the 

minimum BACT requirements specified for that compliance date. The minimum BACT requirements (in hp) for each compliance 

date equal:

(The BACT rate (percent shown below in (A) through (C) for the compliance date), multiplied by the total max hp of the fleet as 

reported on the previous reporting date)

For example, if a large fleet does not meet the January 1, 2014, fleet average target rate, the fleet must demonstrate that it had 

accumulated enough BACT credit between January 1, 2013 and December 31, 2013, to satisfy the BACT requirements for January 1, 

2014. The BACT requirements for January 1, 2014, for a large fleet equals the BACT rate for that compliance date (4.8 percent for 

2014, as shown below in subsection (A)) multiplied by the fleet's max hp as reported by the previous reporting date, March 1, 2013.

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Any carryover BACT credit previously accrued may be applied towards the BACT requirements in a later year as specified in the 

sections below. The required BACT rate for each compliance date is described below in (A) through (C).

(A) Large fleets -

1: 2014: 4.8 percent

2: 2015 to 2017: 8 percent

3: 2018 to 2023: 10 percent

(B) Medium fleets -

1: 2017: 8 percent

2: 2018 to 2023: 10 percent

(C) Small fleets -

2019 to 2028: 10 percent

(2) Exemptions from BACT for Medium and Large Fleets - For medium and large fleets, a vehicle is exempt from the BACT 

requirements of section 2449.1(b)(1) if it qualifies for one or more of the exemptions set forth in section 2449(e) or meets one of 

the conditions listed in section (A) through (E) below. A fleet that does not meet the fleet average target in section 2449.1(a)(1) 

must meet the BACT requirements with the vehicles that do not qualify for an exemption under either section 2449(e) or this 

section, provided that nothing shall require a fleet to apply a VDECS to any vehicle. Where all of the vehicles in a fleet qualify for 

an exemption under either this section or section 2449(e), the fleet is exempt from the BACT and fleet average requirements in 

that year. The exemptions set forth in this section do not lower the total max hp on which the BACT requirements are calculated.

(A) On the compliance date, the vehicle is less than 10 years old from the date of manufacture.

(B) The vehicle meets all of the following specialty vehicle criteria:

1. The fleet has turned over all other vehicles first,

2. No repower is available for the specialty vehicle, as demonstrated to the Executive Officer,

3. A used vehicle with a cleaner engine is not available to serve a function and perform the work equivalent to that of the specialty 

vehicle, as demonstrated to the Executive Officer, and

4. The specialty vehicle has the highest level PM VDECS installed.

(C) The vehicle had a Level 2 or 3 PM VDECS installed within the last six years and such VDECS was highest level PM VDECS 

at the time of the installation.

(D) The vehicle's engine is equipped with an original equipment manufacturer diesel particulate filter that came new with the 

vehicle, or the vehicle has a Tier 4 interim or Tier 4 final engine.

(E) The vehicle has the highest level PM VDECS installed prior to January 1, 2013, except that this exemption may be applied to 

no more than 15 percent of a fleet's total hp as of December 31, 2012.

1. If before January 1, 2013, the fleet has installed the highest level PM VDECS on more than 15 percent of the fleet's December 31, 

2012, total hp, the fleet may apply this exemption to any vehicles with the highest level PM VDECS installed, as long as the total hp of 

those vehicles does not exceed the 15 percent exemption threshold established in section (E) above.

2. The highest level PM VDECS must remain on the vehicle in order to maintain this exemption. If a VDECS fails, the fleet must 

replace the VDECS in accordance with section 2449(e)(1) to maintain this exemption for the vehicle.

(3) Exemptions from BACT for Small Fleets - For small fleets, a vehicle is exempt from the BACT requirements of section 2449.1

(b)(1) if it qualifies for one or more of the exemptions set forth in section 2449(e) or meets one of the conditions listed in section 

(A) through (E) below. A fleet that does not meet the fleet average target in section 2449.1(a)(2) must meet the BACT 

requirements with the vehicles that do not qualify for an exemption under either section 2449(e) or this section, provided that 

nothing shall require a fleet to apply a VDECS to any vehicle. Where all of the vehicles in a fleet qualify for an exemption under 

either this section or section 2449(e), the fleet is exempt from the BACT and fleet average requirements in that year. The 

exemptions set forth in this section do not lower the total max hp on which the BACT requirements are calculated.

(A) On the compliance date, the vehicle is less than 10 years old from the date of manufacture.

(B) The vehicle meets all of the specialty vehicle criteria described above in section 2449.1(b)(2)(B).

(C) There is no highest level VDECS available for the vehicle's engine as of 10 months prior to the compliance date (i.e., there is 

no Level 2 or 3 VDECS, or there is no Level 2 or 3 VDECS which can be used without impairing the safe operation of the vehicle 

as demonstrated per section 2449(e)(8)).

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(D) The vehicle's engine is equipped with an original equipment manufacturer diesel particulate filter that came new with the 

vehicle, or the vehicle has a Tier 4 interim or Tier 4 final engine.

(E) The vehicle's engine has already been retrofitted with a Level 2 or 3 VDECS that was the highest level PM VDECS available 

at time of installation. An engine with a Level 2 VDECS that was not the highest level VDECS at time of installation does not 

qualify for this exemption.

(4) Order of BACT Requirements - All Tier 0 and Tier 1 engines in a fleet, except those in vehicles that qualify for an exemption 

from the BACT requirements, must be turned over before the turnover of any other higher tier engines may be counted toward 

the BACT requirements in section 2449.1(b)(1) or toward accumulating carryover BACT credit. A fleet may, however, receive 

carryover BACT credit per section 2449.1(b)(10) and 2449.1(b)(15) for a VDECS installed on an engine, regardless of the 

engine's tier.

(5) Rounding - If the hp to meet BACT requirements under section 2449.1(b)(1) is less than half of the max hp of the lowest hp 

engine in the fleet that is subject to the BACT requirements, the next engine is not required to be turned over or have a VDECS 

applied to it. However, on the next year's compliance date, any hp not accounted for due to this rounding provision must be 

added to the BACT requirements under section 2449.1(b)(1). Once the required hp equals or exceeds half of the max hp of the 

next engine in the fleet that is subject to the BACT requirements, the next engine must be turned over or have a VDECS applied 

to it.

(6) Delay Tier 2 Turnover - All vehicles with a Tier 2 or higher engine are exempt from the BACT requirements through January 1, 

2015 (i.e., the first turnover of or VDECS installations on Tier 2 or higher engines would be required between January 1, 2015 

and December 31, 2015), provided that all Tier 0 and Tier 1 vehicles in the fleet owner's fleet that do not qualify for an exemption 

under section 2449.1(b)(2) have been turned over.

(7) Delayed Requirements for Early Compliance - Large fleets are exempt from the January 1, 2014 performance requirements if 

the sum of the fleet's BACT credits on March 1, 2010 exceeded 8 percent of the fleet's March 1, 2009 hp. To determine eligibility, 

ARB will take the sum of: “Credit for Early Repowers and Rebuilds to More Stringent Emissions Standards” gained under 2449.1

(b)(13) plus “Credit for Early Replacement” gained under 2449.1(b)(14) plus “Double Credit for Early VDECS Installations” gained 

under 2449.1(b)(15) plus “Credit for Early Reduced Fleet HP” gained under 2449.1(b)(16) plus BACT credit gained for turnover 

from March 1, 2009, through February 28, 2010, that was not accounted for under sections 2449.1(b)(16). If the sum of these 

credits exceeds (Total max hp of the fleet on March 1, 2009 multiplied by 0.08), then the fleet will not be required to meet either 

the January 1, 2014, fleet average or the January 1, 2014, BACT requirements. This provision shall not have the effect of 

reducing any credit that any fleet would otherwise have the right to receive in 2014 or in any subsequent year, even if such credit 

provided all or part of the basis for a finding that such fleet had BACT credits on March 1, 2010, in excess of 8 percent of such 

fleet's hp on March 1, 2009.

(8) Accumulating Carryover BACT Credit - Beginning on January 1, 2013 for large fleets, on January 1, 2016 for medium fleets, 

and on January 1, 2018 for small fleets, a fleet will accumulate carryover BACT credit each year it exceeds the BACT 

requirements specified in section 2449.1(b)(1). The amount of carryover BACT credit (in hp) accumulated is equal to:

(The amount of BACT credit earned in the calendar year prior to January 1 of the year for which the carryover BACT credit is being 

calculated) minus (the amount of BACT credit needed to fulfill the BACT requirements on January 1 of the year for which the 

carryover BACT credit is being calculated).

(9) Using Carryover BACT Credit - Except as provided in section 2449.1(b)(16), accumulated carryover BACT credit may be 

applied to meeting the BACT requirements of section 2449.1(b)(1) in a later year. The amount of carryover BACT credit used to 

meet the BACT requirements in any one year is subtracted from the accumulated carryover BACT credit total, with the remainder 

being available for use in subsequent years. The amount of BACT credit earned in a calendar year plus the amount of carryover 

BACT credit used must equal or exceed the minimum BACT requirements described in section 2449.1(b)(1).

(10) BACT Credit Earned for Turnover, PM VDECS, and NOx VDECS -.

Beginning on January 1, 2013 for large fleets, on January 1, 2016 for medium fleets, and on January 1, 2018 for small fleets, BACT 

credit is earned as follows:

(A) For turnover, as specified in section 2449(c)(55), BACT credit (in hp) equals:

(Max hp of the vehicle that was turned over).

(B) For a highest level PM VDECS, BACT credit (in hp) equals:

(Max hp of the vehicle to which the highest level PM VDECS was applied).

PM VDECS that are not the highest level PM VDECS receive no BACT credit.

(C) For a VDECS verified to reduce NOx but that is not highest level PM VDECS, BACT credit (in hp) equals:

(Verified Percent NOx Reduction divided by 60 percent) multiplied by (Max hp of the vehicle to which the NOx VDECS was applied).

(D) For a VDECS verified to reduce NOx and that is also the highest level PM VDECS, or for a VDECS verified to reduce NOx 

installed on an engine that also has a highest level PM VDECS that is verified separately, BACT credit (in hp) equals:

(Verified Percent NOx Reduction divided by 120 percent) multiplied by (Max hp of the vehicle to which the NOx VDECS was applied).

This credit is applied in addition to credit for installing the highest level PM VDECS per section 2449.1(b)(10)(B) above.

(11) Excess PM VDECS Credits Used for Compliance with Off-Road and Truck and Bus Regulations - For the same fleet owner, 

excess PM VDECS credits granted in the regulation for In-Use Off-Road Diesel-Fueled Fleets (Off-Road regulation) may be used 

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in the Truck and Bus regulation (title 13, CCR section 2025) and excess PM VDECS credits granted in the Truck and Bus 

regulation may be used in the Off-Road regulation before January 1, 2017. Starting January 1, 2017, no credits may be 

transferred between the regulations.

(A) Off-Road generated credits used to comply with the Truck and Bus regulation - Except for low-use vehicles (as defined in 

sections 2449(c)(39) and (63)) and vehicles that are exempt under section 2449(e), vehicles subject to the Off-Road regulation 

that have Level 3 PM VDECS installed on one or more engines may generate excess PM VDECS credits to comply with the 

Truck and Bus regulation (title 13, CCR, section 2025), as follows:

1. Excess compliance credits under the Off-Road regulation - Beginning January 1, 2013, for large fleets, and on January 1, 2016, for 

medium fleets, if a fleet earns BACT credit in a calendar year that exceeds the BACT requirements for that year, the excess BACT 

credit earned (i.e., the amount of BACT credit earned above the BACT requirements for that year, in hp) from the installation of Level 

3 PM VDECS may be applied towards compliance with the Truck and Bus regulation per section 2025 as follows:

(Excess PM VDECS credits to apply towards the Truck and Bus regulation = [(Total max hp of excess engines with the Level 3 PM 

VDECS installed) divided by 300] truncated to a whole number).

If in an applicable compliance year no BACT credit is earned through the installation of Level 3 PM VDECS (for example, if no 

vehicles are retrofitted with Level 3 devices that calendar year), no excess PM VDECS credit will be earned.

The Excess PM VDECS credit earned above may be applied towards the Truck and Bus regulation each year until the vehicle that 

generated the excess PM VDECS credit is 1) needed for compliance with sections 2449.1(a) or (b), or 2) is retired, sold, scrapped, or 

otherwise removed from the California fleet.

If the equation above, before truncation, does not result in a whole number, any remaining hp with Level 3 PM VDECS not used to 

generate excess PM VDECS credit (i.e., the truncated amount) may be used as carryover BACT credit towards compliance with the 

Off-Road regulation, or may be accumulated to generate excess PM VDECS credits in future years.

2. Early PM VDECS installations - If any small, medium, or large fleet installs Level 3 PM VDECS by the deadlines shown in section 

2449.1(b)(15), the fleet has the option to either (1) accumulate double carryover credit to be used towards the BACT requirements of 

the Off-Road regulation (per section 2449.1(b)(1)), or (2) to apply single PM VDECS credit towards compliance with the Truck and 

Bus regulation.

3. Compliance with the Off-Road regulation - Fleet owners that use excess PM VDECS credits towards for compliance with the Truck 

and Bus regulation (as specified in section (11)(A)1. and 2. above) shall not count their Level 3 PM VDECS in the fleet average index 

calculations in section 2449.1(a) (i.e., the VDECS Factor is 1 for these vehicles or engines with the excess Level 3 PM VDECS), and 

no BACT credit can be accrued that can be used towards compliance with the Off-Road regulation for those VDECS. Once the 

excess PM VDECS credit can no longer be applied to the Truck and Bus regulation, the Level 3 PM VDECS that were used to 

generate the expired excess PM VDECS credit can be returned to the fleet average index calculations in section 2449.1(a).

(B) Excess Truck and Bus regulation credits used to comply with the Off-Road regulation - For each vehicle that generates an 

excess PM VDECS credit per Truck and Bus regulation, a one-time PM VDECS credit may be applied towards compliance with 

the Off-Road regulation, as follows: (Excess PM VDECS credit that can be applied towards the Off-Road regulation (i.e., BACT 

credit, in hp, to apply towards the Off-Road regulation) = (Excess PM VDECS credits from the Truck and Bus regulation) 

multiplied by 300).

For each additional vehicle that generates a new excess PM VDECS credit, another one-time excess PM VDECS credit can be 

applied towards the Off-Road regulation. Once it is determined, under the Truck and Bus regulation, that a vehicle can no longer 

generate excess PM VDECS credits, the BACT credit earned through this provision, if not previously used, will expire and can no 

longer be used by the fleet towards compliance with the Off-Road regulation.

(12) Beginning BACT Credit -

All fleets may earn and accumulate BACT credits for taking early actions in accordance with subparagraphs (13) through (18) below, 

but with the exception of such credits for taking early action, all fleets begin with zero carryover BACT credit on January 1, 2013. To 

claim credit, fleets must submit to ARB and retain records as described in sections 2449(g) and (h).

(13) Credit for Early Repowers and Rebuilds to More Stringent Emissions Standards - Credit for early repowers can only be 

claimed for engines that remain in the fleet on the compliance date that the credit is taken. Fleets that have repowered their 

vehicles with Tier 1 or higher engines or rebuilt the engine from a lower Tier to a Tier 1 or more stringent emissions standard 

before March 1, 2009, will accumulate a carryover BACT credit (in hp) equal to: (the max hp of the vehicles repowered and 

the engines rebuilt in accordance with the preceding).

Fleets that repower their Tier 0 or Tier 1 vehicles with Tier 2 or higher engines, or rebuild the engines in their Tier 0 or Tier 1 vehicles 

to a Tier 2 or more stringent emissions standard, prior to the following deadlines, will accumulate a carryover BACT credit (in hp) 

equal to the max hp of the vehicles repowered and the engines rebuilt in accordance with the preceding:

(A) Large fleets: January 1, 2013

(B) Medium fleets: January 1, 2016

(C) Small fleets: January 1, 2018

(14) Credit for Early Replacement - Fleets that have replaced their Tier 0 vehicles with Tier 1 or higher vehicles at an 

average rate greater than 8 percent of total max hp per year between March 1, 2006 and March 1, 2009 will accumulate 

carryover BACT credit (in hp) equal to: [(Total max hp of Tier 0 vehicles retired between March 1, 2006 and March 1, 2009) 

minus (Total max hp of Tier 0 vehicles added between March 1, 2006 and March 1, 2009) minus (2 times the total “Credit for 

Early Reduced Hp” claimed under section (16) below)] minus [(Total max hp of fleet on March 1, 2007 multiplied by 0.08) 

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plus (Total max hp of fleet on March 1, 2008 multiplied by 0.08) plus (Total max hp of fleet on March 1, 2009 multiplied by 

0.08)]. Tier 0 vehicles repowered with newer engines are counted under (13) above and shall not be counted under this 

section.

(15) Double Credit for Early VDECS Installations - If fleets install a highest level PM VDECS or a VDECS verified to reduce 

NOx, prior to January 1, 2013 for large fleets, January 1, 2016 for medium fleets, and January 1, 2018 for small fleets, fleets 

will accumulate carryover BACT credit as follows

(A) For a highest level PM VDECS, BACT credit (in hp) equals:

2 multiplied by the (Max hp of the vehicle to which the highest level PM VDECS was applied).

PM VDECS that are not the highest level PM VDECS receive no BACT credit.

(B) For a VDECS verified to reduce NOx but that is not highest level PM VDECS, BACT credit (in hp) equals:

2 multiplied by (Verified Percent NOx Reduction divided by 60 percent) multiplied by the (Max hp of the vehicle to which the NOx 

VDECS was applied).

(C) For a VDECS verified to reduce NOx and that is also the highest level PM VDECS, or for a VDECS verified to reduce NOx 

installed on an engine that also has a highest level PM VDECS that is verified separately, BACT credit (in hp) equals:

2 multiplied by the (Verified Percent NOx Reduction divided by 120 percent) multiplied by (Max hp of the vehicle to which the NOx 

VDECS was applied).

This credit is applied in addition to credit for installing the highest level PM VDECS per section 2449.1(b)(15)(A) above.

(16) Credit for Early Reduced Fleet Hp - Fleets that reduce overall hp from March 1, 2006, to March 1, 2010, accumulate 

carryover BACT credit (in hp) equal to 0.5 multiplied by the following: [(Total max hp of the fleet on March 1, 2006, including lowuse vehicles) minus (Total max hp of the fleet on March 1, 2010, including low-use vehicles)].

In accordance with section 2449.1(b)(9), large fleets may use any such credit to meet the BACT requirements in section 2449.1

(b)(1) beginning with the January 1, 2015 BACT requirements, or in any subsequent year. Notwithstanding section 2449.1(b)(9), 

large fleets may not use credit from this provision to meet the BACT requirements in section 2449.1(b)(1) for the initial 

compliance year for large fleets, which is the January 1, 2014, compliance deadline. For example, if a fleet accumulated BACT 

credit by reducing hp from March 1, 2006, to March 1, 2010, and also accumulated BACT credit from repowers during the same 

period, the fleet could apply the repower credit toward their January 1, 2014, BACT requirements, but could not apply the credit 

from reduced hp under this provision to their January 1, 2014, BACT requirements. The fleet could apply the credit from reduced 

hp under this provision to their January 1, 2015, BACT requirements, as well as any future year until such credits are expended.

(17) Credit for 2010 to 2011 Reduced Fleet Hp - Fleets that reduce their overall hp from March 1, 2010, through February 28, 

2011, will accumulate carryover BACT credit (in hp) equal to:

(Total max hp of the fleet on March 1, 2010, including low-use vehicles) minus (Total max hp of the fleet on February 28, 2011, 

including low-use vehicles).

(18) Credit for Interim Replacement and Retirement - Fleets that replace or retire over 8 percent of the fleet's total max hp in Tier 

0 and Tier 1 vehicles in any one year during the specified periods below will accumulate carryover BACT credit (in hp) equal to:

(Combined total of max hp of Tier 0 and Tier 1 vehicles retired over the year) minus (Combined total of max hp of Tier 0 or Tier 1 

vehicles added over the year) minus [(Total max hp of fleet at the end of the year) multiplied by 0.08].

In each year, the replacement or retirement of vehicles will be summed from January 1 through December 31 of that year, 

excepting 2011, during which the replacement or retirement will be summed from March 1 through December 31. Fleets shall 

exclude vehicles repowered or rebuilt to a more stringent emissions standard in each year (that earned BACT credit per section 

2449.1(b)(13)), from all such calculations. For the purposes of this provision, Tier 0 and Tier 1 vehicles that are replaced must be 

replaced with Tier 2 or higher vehicles in order to accumulate BACT credit.

(A) Large fleets: March 1, 2011 through December 31, 2012

(B) Medium fleets: March 1, 2011 through December 31, 2015

(C) Small fleets: March 1, 2011 through December 31, 2017

Note: Authority cited: Sections 39002, 39515, 39516, 39600, 39601, 39602, 40000, 41511, 43000, 43000.5, 43013, 43016, 43018 

and 43018.2, Health and Safety Code. Reference: Sections 39002, 39515, 39516, 39600, 39601, 39602, 39650, 39656, 39657, 

39658, 39659, 39665, 39667, 43000, 43000.5, 43013, 43016, 43018 and 43018.2, Health and Safety Code.

HISTORY

1. New section filed 5-16-2008; operative 6-15-2008 (Register 2008, No. 20).

2. Amendment of section and Note filed 12-31-2009; operative 12-3-2009 pursuant to Government Code section 11343.8 and Health 

and Safety Code section 43018.2 (AB2x 8). In accordance with Health and Safety Code section 43018.2(b), this regulatory action is 

exempt from the APA and OAL review. Submitted to OAL for printing only (Register 2010, No. 1).

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3. Amendment of subsection (a)(2)(A)5. filed 12-31-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 

(Register 2010, No. 1).

4. Amendment of section and Note filed 7-16-2010; operative 8-15-2010 (Register 2010, No. 29).

5. Amendment filed 12-14-2011; operative 12-14-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 50).

This database is current through 2/12/16 Register 2016, No. 7

13 CCR § 2449.1, 13 CA ADC § 2449.1

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