FINAL REGULATION ORDER

IN-USE OFF-ROAD DIESEL-FUELED FLEETS

Note: Proposed modifications are shown in underlin e to indicate additions

and strikeout to indicate deletions, compared to the preexisting regulatory language. The symbol “*****” indicates that regula tory 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 Dies el-Fueled Fleets

***** (d) Performance Requirements -

***** (4) Changing Fleet Size – (A) Small fleets that become medium or large fleets must meet the medium or large fleet requirements, respectively, o n the reporting date two years subsequent to the year they became a medi um or large

fleet. If s uch fleets become small again, they must keep meeti ng the medium or large fleet requirements for two years af ter becoming a

small fleet. (B) Large fleets that become medium fleets may meet either the medium or large fleet requirements on the next reporting d ate. 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 dat e. Medium fleets that become large fleets must meet the large fleet requirements on the reporting date two years subsequent to the year the y became a large

fleet.

*****

(g) Reporting

– Reporting is required for each and every fleet. La rge and medium fleets may report separately for different divisions or subsid iaries of a given company or agency. Fleet owners may submit reporting informat ion 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 r eporting date. In theinitial reporting, fleet owners must report informa tion regarding each vehicle subject to this regulation that was in thei r 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 reporti ng date for small fleets is August 1, 2009. Reports must include the following information:

***** (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 Model Family ; 3. Verification level; 4. Verified percent NOx reduction (if any); 5. Date installed;

6. VDECS Serial Number.

*****

(h) Record keeping

– Fleet owners must maintain copies of the informatio n reported under section 2449(g), as well as the records described in sectio n 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.

***** (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 i n California must maintain records of the disclosure of regulation ap plicability required by Section 2449(j) for three years after the sale.

*****

Note: Authority cited: Sections 39002, 39515, 39516 , 39600, 39601, 39602, 39650, 39656,
39658, 39659, 39665, 39667, 39674, 39675, 40000, 41 511, 42400, 42400.1, 42400.2, 42400.3.5,
42402, 42402.1, 42402.2, 42402.4, 42403, 43000, 430 00.5, 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, 39 674, 39675, 40000, 41511, 42400,
42400.1, 42400.2, 42402.2, 43000, 43000.5, 43013, 4 3016, 43018, and 43018.2, Health and Safety Code.§ 2449.1 NOx Performance Requirements

(a) Performance Requirements

***** (2) BACT Requirements

***** (A) Turnover Requirements for Fleets Not Meeting NO x Target Rate –

***** 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 ow ner’s fleet that do not qualify for an exemption under section 2449. 1(a)(2)(A)4.

have been turned over.

*****
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, 39 658, 39659, 39665, 39667, 43000, 43000.5, 43013, 43016, 43018, and 43018.2, Health a nd Safety Code.



### § 2449.2 PM Performance Requirements

***** (a) Performance Requirements

***** (2) BACT Requirements

***** (A) PM Retrofit Requirements for Fleets Not Meeting Diesel PM Target Rate

***** 2. Carryover PM retrofit credit – a. Beginning - All fleets for vehicles remaining in their fleets begin with zero carryover retrofit credit on March 1, 200 9. 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 max imum power of engines on which highest level VDECS was install ed before January 1, 2010 March 1, 2009 , unless the contractfor funding the VDECS stipulates single credit for

installation of the VDECS. ii. Single Credit for Other PM Retrofits Before Ini tial 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 retrofi t credit equal to total maximum power of engines on w hich highest level VDECS was installed. Small fleets th at install highest level VDECS on their vehicles between Janua ry 1,

2010 March 1, 2009 and February 28, 2014 accumulate carryover retrofit credit equal to total maximum po wer 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 ac cumulate carryover retrofit credit each year the total horse power it retrofits plus the carryover retrofit credit it use s exceeds the required percent of its maximum power specified in section 2449.2(a)(2)(A)1. The amount accumulated is the ma ximum power retrofit plus the carryover retrofit credit u sed minus the required percent in the past 12 months prior to Mar ch 1. A large fleet also accumulates carryover retrofit cre dit on March 1, 2010 if the sum of the double retrofit credit ea rned from March 1, 2009 to January 1, 2010 plus the single re trofit credit earned from January 1, 2010 to March 1, 2010 exceed s 20 percent of its maximum horsepower. The amount accu mulated

is the sum of double credit retrofit credit earned from March 1, 2009 to January 1, 2010 plus the single credit earn ed from January 1, 2010 to March 1, 2010 in excess of 20 pe rcent of fleet’s maximum horsepower in the past 12 months.

*****
Note: Authority cited: Sections 39002, 39515, 39516 , 39600, 39601, 39602, 39650, 39656,
39658, 39659, 39665, 39667, 39674, 39675, 40000, 41 511, 42400, 42400.1, 42400.2, 42400.3.5, 42402, 42402.1, 42402.2, 42402.4, 42403, 43000, 430 00.5, 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, 39 674, 39675, 40000, 41511, 42400,
42400.1, 42400.2, 42402.2, 43000, 43000.5, 43013, 4 3016, 43018, and 43018.2, Health and Safety Code.