FINAL REGULATION ORDER 

IN-USE OFF-ROAD DIESEL-FUELED FLEETS 

Note: Proposed modifications are shown in underline to indicate additions 

and strikeout to indicate deletions, compared to the preexisting regulatory 

language. The symbol “*****” indicates that regulatory language not being 

amended is not shown. 

Amend sections 2449, 2449.1, and 2449.2, title 13, California Code of Regulation 

to read as follows. 

§ 2449 General Requirements for In-Use Off-Road Diesel-Fueled Fleets 

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(d) Performance Requirements - 

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(4) Changing Fleet Size – 

(A) Small fleets that become medium or large fleets must meet the 

medium or large fleet requirements, respectively, on the reporting date 

two years subsequent to the year they became a medium or large 

fleet. If such fleets become small again, they must keep meeting the 

medium or large fleet requirements for two years after becoming a 

small fleet. 

(B) Large fleets that become medium fleets may meet either the medium 

or large fleet requirements on the next reporting date. Large fleets 

that become small fleets may meet either the small or large fleet 

requirements on the next reporting date. 

(C) Medium fleets that become small fleets may meet either the small or 

medium fleet requirements on the next reporting date. Medium fleets 

that become large fleets must meet the large fleet requirements on the 

reporting date two years subsequent to the year they became a large 

fleet. 

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(g) Reporting – 

Reporting is required for each and every fleet. Large and medium fleets may 

report separately for different divisions or subsidiaries of a given company or 

agency. Fleet owners may submit reporting information using forms (paper or 

electronic) approved by the Executive Officer. 

(1) Initial reporting – All fleet owners must submit the information in section 

2449(g)(1)(A) through (G) to ARB by their initial reporting date. In the 
initial reporting, fleet owners must report information regarding each 

vehicle subject to this regulation that was in their fleet on March 1, 2009. 

Systems or non-diesel fueled vehicles that are used in place of a vehicle 

that would be subject to this regulation must also be reported. The initial 

reporting date for large fleets is April 1, 2009. The initial reporting date for 

medium fleets is June 1, 2009. The initial reporting date for small fleets is 

August 1, 2009. Reports must include the following information: 

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(D) Verified Diesel Emission Control Strategies - For each VDECS that 

is installed on an engine listed per section 2449(g)(1)(C) report the 

following information. 

1. VDECS Manufacturer; 

2. VDECS ModelFamily; 

3. Verification level; 

4. Verified percent NOx reduction (if any); 

5. Date installed; 

6. VDECS Serial Number.

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(h) Record keeping – 

Fleet owners must maintain copies of the information reported under section 

2449(g), as well as the records described in section 2449(h) below, and provide 

them to an agent or employee of the ARB within five business days upon 

request. Records must be kept at a location within the State of California. 

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(10) Record Retention – Each fleet owner shall maintain the records for 

each vehicle subject to the regulation until it is retired and for the overall 

fleet as long as the owner has a fleet or March 1, 2030, whichever is 

earlier. If vehicle ownership is transferred, the seller shall convey the 

vehicle records including vehicle data per section 2449(g)(1)(B), engine 

data per section 2449(g)(1)(C), and VDECS data per section 

2449(g)(1)(D) to the buyer. If fleet ownership is transferred, the seller 

shall convey the fleet records including fleet data per sections 

2449(g)(1)(A) through (G) to the buyer. Dealers Any person selling a 

vehicle with an engine subject to this regulation in California must 

maintain records of the disclosure of regulation applicability required by 

Section 2449(j) for three years after the sale. 

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Note: Authority cited: Sections 39002, 39515, 39516, 39600, 39601, 39602, 39650, 39656, 

39658, 39659, 39665, 39667, 39674, 39675, 40000, 41511, 42400, 42400.1, 42400.2, 42400.3.5, 

42402, 42402.1, 42402.2, 42402.4, 42403, 43000, 43000.5, 43013, 43016, 43018, and 4301.2, 

Health and Safety Code. Reference: Sections 39002, 39515, 39516, 39600, 39601, 39602, 

39650, 39656, 39657, 39658, 39659, 39665, 39667, 39674, 39675, 40000, 41511, 42400, 

42400.1, 42400.2, 42402.2, 43000, 43000.5, 43013, 43016, 43018, and 43018.2, Health and 

Safety Code.
§ 2449.1 NOx Performance Requirements 

(a) Performance Requirements 

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(2) BACT Requirements 

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(A) Turnover Requirements for Fleets Not Meeting NOx Target Rate – 

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5. Delay Tier 1 turnover - All vehicles with a Tier 1 or higher engine 

are exempt from the turnover requirement until the compliance year 

ending March 1, 2013 (i.e., the first turnover of Tier 1 or higher 

engines would be required between March 2, 2012 and March 1, 

2013), provided that all Tier 0 vehicles in the fleet owner’s fleet that 

do not qualify for an exemption under section 2449.1(a)(2)(A)4. 

have been turned over. 

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Note: Authority cited: Sections 39002, 39515, 39516, 39600, 39601, 39602, 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. 

§ 2449.2 PM Performance Requirements 

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(a) Performance Requirements 

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(2) BACT Requirements 

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(A) PM Retrofit Requirements for Fleets Not Meeting Diesel PM 

Target Rate 

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2. Carryover PM retrofit credit – 

a. Beginning - All fleets for vehicles remaining in their fleets begin 

with zero carryover retrofit credit on March 1, 2009. All fleets 

may begin accumulating carryover retrofit credit on March 1, 

2009. 

i. Double Credit for Early PM Retrofits – Fleets that have 

installed the highest level VDECS on their vehicles before 

January 1, 2010 March 1, 2009 begin with a carryover 

retrofit credit equal to: 2 multiplied by total maximum power 

of engines on which highest level VDECS was installed 

before January 1, 2010 March 1, 2009, unless the contract 
for funding the VDECS stipulates single credit for 

installation of the VDECS. 

ii. Single Credit for Other PM Retrofits Before Initial 

Compliance Date – Medium fleets that install highest level 

VDECS on their vehicles between January 1, 2010 March 1, 

2009 and February 29, 2012 accumulate carryover retrofit 

credit equal to total maximum power of engines on which 

highest level VDECS was installed. Small fleets that install 

highest level VDECS on their vehicles between January 1, 

2010 March 1, 2009 and February 28, 2014 accumulate 

carryover retrofit credit equal to total maximum power of 

engines on which highest level VDECS was installed. 

b. Accumulating carryover PM retrofit credit – Beginning March 

1, 2011 2010 for large fleets, March 1, 2013 for medium fleets,

and March 1, 2015 for small fleets, a fleet will accumulate 

carryover retrofit credit each year the total horsepower it 

retrofits plus the carryover retrofit credit it uses exceeds the 

required percent of its maximum power specified in section 

2449.2(a)(2)(A)1. The amount accumulated is the maximum 

power retrofit plus the carryover retrofit credit used minus the 

required percent in the past 12 months prior to March 1. A 

large fleet also accumulates carryover retrofit credit on March 

1, 2010 if the sum of the double retrofit credit earned from 

March 1, 2009 to January 1, 2010 plus the single retrofit credit 

earned from January 1, 2010 to March 1, 2010 exceeds 20 

percent of its maximum horsepower. The amount accumulated 

is the sum of double credit retrofit credit earned from March 1, 

2009 to January 1, 2010 plus the single credit earned from 

January 1, 2010 to March 1, 2010 in excess of 20 percent of 

fleet’s maximum horsepower in the past 12 months.

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Note: Authority cited: Sections 39002, 39515, 39516, 39600, 39601, 39602, 39650, 39656, 

39658, 39659, 39665, 39667, 39674, 39675, 40000, 41511, 42400, 42400.1, 42400.2, 42400.3.5, 

42402, 42402.1, 42402.2, 42402.4, 42403, 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, 39674, 39675, 40000, 41511, 42400, 

42400.1, 42400.2, 42402.2, 43000, 43000.5, 43013, 43016, 43018, and 43018.2, Health and 

Safety Code.