ATTACHMENT 1



### 15-Day Modifications to the Original Proposal

MODIFICATIONS TO THE PROP OSED AMENDMENTS TO THE REGULATION TO REDU CE EMISSIONS OF DI ESEL PARTICULATE MATTER, OXIDES OF NITROG EN AND OTHER CRITERIA POLLUTANTS, FROM IN-USE HEAVY-DUTY DIESEL-FUELED VEHICLES.

Shown on the following pages are the proposed m odifications to the originally proposed regulatory text set forth in Appendix A to the Staff Report: Initial St atement of Reasons, which was released October 28, 2010. All or iginally proposed r egulatory language is shown in underline to indicate additions and strikeout to indicate deletions. The proposed modifications to the original pr oposal are shown in double underline to indicate additions and double strikeout to indi cate deletions. Text that is both single underlined and double struck through is text that staff proposed during the 45 day public notice period but later retracted as part of this 15-day public notice period.1 REGULATION TO REDUCE EMISSIONS OF DIESEL PARTICULATE MATTER, OXIDES OF NITROGEN AND OTHER CRITERIA POLLUTANTS FROM IN-USE ON-ROAD DIESEL-FUELED VEHICLES

Amend section 2025, title 13, California Code of Regulations to read as follows.

Section 2025. Regulation to Reduce Emi ssions of Diesel Particulate Matter, Oxides of Nitrogen and Other Crit eria Pollutants, from In-Use Heavy-Duty Diesel-Fueled Vehicles

(a) Purpose. The purpose of this regulation is to reduce em issions of diesel parti culate matter (PM), oxides of nitrogen (NOx) and ot her criteria pollutants, and greenhouse gases from inuse diesel-fueled vehicles.

(b) Scope and Applicability. (1) Except as provided in subsecti on (c), this regul ation applies to any person, business, federal government agency, school district or school transportation provider that owns or operates, leases, or rents, affected vehicles that operate in Califor nia. The regulation also applies to persons that sell affected vehi cles in California. Affected vehicles are those that operate on di esel-fuel, dual-fuel, or alternative diesel-fuel that are registered to be driven on public highways, were orig inally designed to be driven on public highways whether or not they are registered, yard trucks wit h on-road engines or yard trucks with off-road engines used for agricul tural operations, both engines of two-engine sweepers, schoolbuses, and have a manufacturer’ s gross vehicle weig ht rating (GVWR) greater than 14,000 pounds (lbs). Affected v ehicles also include shuttle vehicles defined in section 2025(d)(68).

(c) Exemptions This regulation does not apply to: (1) Vehicles subject to the solid waste colle ction vehicle rule commencing with title 13, CCR, section 2021; (2) Vehicles On-road diesel-fueled heavy-dut y vehicles over 14,000 poundsowned or operated by a municipality, as defined in ti tle 13, section 2020(b), that comply with the Best Available Control Technology (BACT) requirements of title 13, CCR section 2022.1(a)(1); (3) Vehicles subject to the fleet rule for public transit agencies commencing with title 13, CCR, section 2023; (4) Vehicles subject to the rule for mo bile cargo handling e quipment at ports and intermodal rail yards commencing with title 13, CCR, section 2479;2 (5) Military tactical support vehicles, as described in title 13, CCR, section 1905; (6) Authorized emergency vehicles as descr ibed in California Vehicle Code (Veh. Code), section 165; (7) Off-road vehicles equipped with engines s ubject to title 13, CCR, sections 2401, 2411, 2421, 2432, and 2449; (8) Dedicated snow-removal vehicles as defined in section 2025(d)(18)(15); (9) Two-engine cranes as defined in title 13, CCR, section 2449(c)(56); (10)(9) Historic vehicles as defined in section 2025(d)(41)(36); (11)(10) Motor homes for non-commercial private use; (12)(11) Except as specified in section 2025(l) vVehicles subject to the regulation for drayage trucks commencing with title 13, CCR, se ction 2027 until January 1, 20211723; and (13)(12) Trucks with a GVWR of 19, 500 poundslbs or less with a originally equipped pick-up beds used exclusively for per sonal use, non-commercial, or nongovernmental use.; (13) Except for two-engi ne sweepers, other two-engine on-road vehicles that are subject to title 13, CCR, section 2449, including but not limited to, water well drilling rigs, workover rigs, and cranes, in which one engine provides the motive power for the vehicle and a second engine is an auxiliary engine 50 horsepower or greater that is integrated into the design of the vehicle and provides power for the vehicle to perform a sp ecialized function. (14) Two-engine water well drilling rigs as defined in title 13, CCR, section 2449(c)(57); and (15) Except school buses with a GVWR greater than 14,000 lbs manufactured before April 1, 1977, school buses as defined in the California Veh. Code, section 545, with a GVWR less than 26,001 lbs

(d) Definitions For purposes of this regulation, the following definitions apply: (1) “ 2004 Model Year NOx Emissions Equivalent ” means emissions from: (A) An engine certified to the 2003 or pr ior model year heavy duty diesel engine emission standard that was built to 2004 engine emission standards and was not used in any manufacturer’s averaging, banking and trading program. (B) A pre-2004 model year heavy duty di esel engine that is equipped with a verified diesel emissions control strat egy (VDECS) that reduces NOx exhaust emissions by at least 55 percent. (1) “2006 Baseline Fleet ” means on-road diesel-fueled heavy-duty vehicles with a GVWR greater than 26,000 poundslbs GVWR included in the scope of section 2025(b) that were owned by a fleet and registered to operate in California on October 1, 2006 with the California Depar tment of Motor V ehicles, or were3 owned by a fleet, registered to operate on Oct ober 1, 2006 in a jurisdiction that is an International Registration Plan member, and were driven at least 1,000 miles in California in the calendar year 2006. A fl eet owner must include Aall vehicles that fall within in the scope and applicability of section 2025(b) must be included and must exclude all vehicles that are exempt from the regulation in the exemptions section 2025(c) must be excluded. (3) 2008 Baseline Fleet ” means the motor vehicles that were owned by the fleet, registered with California’s department of motor vehicles or registered in the home jurisdiction of one of the International Re gistration Plan member jurisdictions on July 1, 2008, and were driven at least 1, 000 miles in the year 2008 in California. (2) “ 2007 Model Year NOx Emissions Equivalent ” means emissions from: (A) An engine as specified below that is equipped with the highest level VDECS to reduce that reduces PM emissi ons and also reduces NOx exhaust emissions by at least 40 percent. 1. An engine certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard that is equipped with the highest level VDECS and reduces NOx emissions by at least 40 percent.; or (B) 2. An engine that was built to the 2004 engine emission standard and was not used in any manufacturer’s averaging, banking, or trading program that is equipped with the highest level VDECS and reduces NOx exhaust emissions by at least 40 percent. (C) An engine certified to the 2003 or pr ior model year heavy-duty diesel engine emissions standard that is equipp ed with the highest level VDECS and reduces NOx exhaust emissions by at least 70 percent; or (A) An engine certified to the 2003 or pr ior model year heavy-duty diesel engine emissions standard that is equipped with a VDEC S that reduces NOx exhaust emissions by at least 70 percent; or (B) An engine certified to the 2004 thr ough 2006 model year heavy-duty diesel engine emissions standard or was built to the 2004 engine emission standard and was not used in any manufacturer’ s averaging, banking, or trading program that is equipped with a the hi ghest level VDECS that reduces PM emissions and reduces NOx exhaust emi ssions by at least 40 percent; or (C) A 2004 model year NOx emissions equi valent heavy-duty diesel engine, as defined in section 2025(d )(1)(A), that is equipped wit h a VDECS that reduces NOx exhaust emissions by at least 40 percent. (D)(C)(D) An engine certified to t he 2007-2009 model year heavy-duty engine emissions standard and meets PM BACT. (4)(3) “ 2010 Model Year NOx Emissions Equivalent Engine ” means emissions from: (A) An engine as specified below that is equipped with the highest level VDECS that reduces PM emissions and reduces NOx exhaust emissions by at least 85 percent.4 1. An engine certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard; or that is equipped with the highest level VDECS and reduces NOx emissions by at least 85 percent. (B) 2. An engine that was built to the 2004 engine emission standard and was not used in any manufacturer’s averaging, banking, or trading program that is equipped with the highest level VDECS and reduces NOx exhaust emissions by at least 85 percent.. (A) An engine certified to the 2004 model year heavy-duty diesel engine emissions standard that is equipped with a VDEC S that reduces NOx exhaust emissions by more than 85 percent; or (B)(C) An engine certified to the 2007 m odel year heavy-duty diesel engine emissions standard that m eets PM BACT and that is equipped with a VDECS that reduces NOx exhaust emissi ons by more than 70 percent; or (C)(D) An engine certified to the 2010 m odel year or newer heavy-duty diesel engine emissions standard that meets PM BACT; or (D)(E) A heavy-duty engine certified to 0. 2 g/bhp-hr or less NO x emissions level and 0.01 g/bhp-hr or less PM emissions level; or (E)(F) An off-road engine certified to th e Tier 4 Final engine emissions standard. (5)(4) “ Agricultural Operations ” means: (A) The activity of growing or harvesti ng crops for the primary purpose of making a profit or providing a livelihood incl uding any horticultural, viticultural, aquacultural, forestry, dairy, livestock, poultry, bee or farm product. Raising plants at nurseries that sell exclus ively retail are not included, or (B) The cutting or removing of timber , other solid wood products, including Christmas trees, and biomass from forestlands for commercial purposes. The services also include all the work incidental thereto, including but not limited to, construction and maintenance of roads, fuel breaks, firebreaks, stream crossings, landings, skid trails , beds for falling trees, fire hazard abatement, and site preparation that involv es disturbance of soil or burning of vegetation following forest removal activi ties. Forest operations include the cutting or removal of trees, tops, limbs and or brush which is processed into lumber and other wood products, and orfor landscaping materials, or biomass for electrical power generati on. Forest operations do not include conversion of forestlands to other land uses such as residential or commercial developments. (6)(5) “ Agricultural Vehicle” means one of the following types of vehicles; a vehicle that can beis eligible to utilize the requirem ents for agricultural vehicles in section 2025(m) and meets one of the definitions of (A) through (E) below. An agricultural vehicle does not include vehicles that do not directly support farming operations such as personal use vehicles, vehicles r ented or leased out, or vehicles used in a transportation business.5 (B)(A) A vehicle, or truck-tractor and tr ailer combination, owned by a farming business and used exclusively in any combinationone or more of the following ways: 1. in agricultural operations; 2. to transport harvested farm products to the first point of processing; 3. to directly support the farming orforestry operations, which may includeing supply trucks, cattle tru cks, and other vehicles; or but does not include vehicles that do not dire ctly support farming operations such as personal use vehicles, vehicles rented or leased to others for nonagricultural uses that do not qualify, or vehicles used in a transportation business other than to transport harv ested farm products to the first point of processing. Vehicles meeting this definition do not need to meet the definitions in sections 2025(d)(5)(B), (C), (D), or (E). (B) A vehicle, or truck-tractor and tra iler combination, owned by a bee keeping business and used exclusively to transport their own bees or honey to the first point of processing. (A)(C) A truck, or a truck- tractor and trailer combinati on, that is required to display a hazardous material placard dur ing delivery and exclusively delivers fertilizer or crop protecti on chemicals that require placard identification for use in agricultural operations from a di stribution center to a farm and back, and is owned by a business holding a vali d fertilizer or pest control license. 1. Owners of such vehicles must hold;: a. a valid pest control dealer license issued by the California Department of Pesticide Regula tion as required under Food & Agricultural Code, Division 6, Ch apter 7, Article 6, Section 12101;

or, b. a valid fertilizing materials license issued by the California Department of Food and Agriculture as required under Food & Agricultural Code, Division 7, Chapter 5, Article 4, Section 14591(a). and, 2. Such vehicles must exclusively carry products defined under one of the following, and be required to display an appropriate placard, as required by the United States Depar tment of Transportation: a. 49 CFR, CHAPTER 1, PART 173.127 (Division 5.1),; or b. 49 CFR, CHAPTER 1, PART 173.132 (Division 6.1),; or c. 49 CFR, CHAPTER 1, PART 173.115 Class 2, (Division 2.1, 2.2, and 2.3),; or d. 49 CFR, CHAPTER 1, PAR T 173.136 Class 8,; or e. 49 CFR, CHAPTER 1, PART 173.140 Class 9.6 (B) A vehicle, or truck-tractor and tr ailer combination, owned by a farming business and used exclusively in agric ultural operations, or owned by a beekeeping business used exclusively to transport their own bees. This includes supply trucks, cattle trucks, and other vehicles, but excludes vehicles that do not directly support fa rming operations such as personal use vehicles, vehicles rented or leased out, or vehicles used in a transportation business. (C)(D) A truck, or truck-tractor and tra iler combination, designed for in-field operations, that is exclusively engaged in agricultural operations on the farm. Examples include truck configurations designed to spread manure, dispense hay, and dispense freestall bedding. It also includes water trucks and trucks designed or modified to be used excl usively for the dusting, spraying, fertilizing, or seeding of crops. Except as allowed in (A) above, trucks, or truck-tractor and trailer combinations that transport any products, materials, personnel, or equipment are excluded. (D)(E) A truck, or truck-tractor and trailer combination, including yard trucks, that exclusively transports any unprocessed hor ticultural, viticultural, aquacultural, forestry, dairy, livestock, poultry, bee or farm products such as raw, unprocessed crops, livestock, fish, or fowl from between the farm and to the where the first point of processing occu rs after harvest. Also included are trucks that are used to harvest crops for silage, and trucks that transport unprocessed agricultural materials from fo rest or farm to a biomass facility. (7)(6) “Alternative Diesel Fuel” means any fuel used in diesel engines that is not a reformulated diesel fuel as defined in sections 2281 and 2282 of title 13, CCR, and does not require engine or fuel system modifications for the engine to operate, other than minor modifications (e.g., recalib ration of the engine fuel control) that may enhance performance. Examples of al ternative diesel fuels include, but are not limited to, biodiesel, Fischer-Tropsch f uels, and emulsions of water in diesel fuel. Natural gas is not an alternative di esel fuel. An emission control strategy using a fuel additive will be treated as an al ternative diesel fuel based strategy unless: (A) the additive is supplied to the engine fuel by an on-board dosing mechanism,; or (B) the additive is directly mixed into t he base fuel inside the fuel tank of the engine,; or (C) the additive and base fuel are not mixed until engine fueling commences, and no more additive plus base fuel comb ination is mixed than required for a single fueling of a singl e engine or vehicle. (8)(7) “ Alternative Fuel ” means natural gas, propane, ethanol, methanol, gasoline (when used in hybrid electric vehicles only ), hydrogen, electricity, fuel cells, or advanced technologies that do not rely on diesel fuel. “Alternative fuel” also means any of these fuels used in combi nation with each other or in combination with other non-diesel fuels.7 (9)(8) “ Alternative-Fueled Engine” means an engine that is exclusively fueled with a fuel meeting the definition of alternative fuel. (10)(9) “Authorized Emergency Vehicle” has the same meaning as California Vehicle Code section 165. (11) “ Best Available Control Technology BACT Standard ” (BACT) means the exhaust PM and NOx standards that must be met according to the requirements of section 2025(f) and 2025(g). (12)(10) “California Based Broker” means a person, with operations based in California, who, for compensation, arranges or offers to arr ange the transportation of property by an authorized motor carrier . A motor carrier, or person who is an employee or bona fide agent of a carrier, is not a broker when it arranges or offers to arrange the transportation of shipments which it is authorized to transport and which it has accepted and lega lly bound itself to transport. (13) “Cattle or Calf Feedlot” means a lot or facility where cattle or calves have been, are, or will be stabled or confined and fed ormaintained for a total of 45 days or more in any 12-month period, and where cr ops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. (14)(11) “ Commercial Vehicle” means a motor vehicle or combination of motor vehicles as defined in California Veh. Code, section 260. (15)(12) “ Common Ownership or Control ” means being owned or managed day to day by the same person, corporation, partnership, or association. Vehicles managed by the same directors, officers , or managers, or by corporations controlled by the same majority sto ckholders are considered to be under common ownership or control even if their title is held by different business entities. Common ownership or control of a federal government vehicle sh all be the primary responsibility of the unit that is directly responsible for its day to day operational control. (16)(13) “ Compliance Year ” means January 1 through December 31 of a calendar year. (17)(14) “ Compression Ignition Engine” means an internal combustion engine with operating characteristics significantly simila r to the theoretical diesel combustion cycle. The regulation of power by contro lling fuel supply in lieu of a throttle is indicative of a comp ression ignition engine. (18)(15) “ Dedicated Snow Removal Vehicle” means a vehicle that has permanently affixed snow removal equipment such as a snow blower or auger, and is operated exclusively to remove snow from public roads, private roads, or other paths to allow on-road vehicle access. (19)(16) “ Diesel Fuel ” has the same meaning as defined in title 13, CCR, sections 2281 and 2282. (20)(17) “ Diesel Particulate Filter ” means an emission cont rol technology that reduces diesel particulate matter emissi ons by directing the exhaust through a8 filter that physically captures particles but permits gases to flow through. Periodically, the collected particles are either physically removed or oxidized (burned off) in a proc ess called regeneration. (21)(18) “ Diesel Particulate Matter (PM) ” means the particles found in the exhaust of diesel-fueled compression ignition eng ines. Diesel PM may agglomerate and adsorb other species to form structur es of complex physical and chemical properties. (22) “ Diesel PM Index ” for the purposes of section 2025( h)(3)(B) means an indicator of the overall PM emission rate. (23) “ Diesel PM Target Rate” means the diesel PM fleet average that a specific fleet must meet in a compliance year in or der to show compliance with the fleet average requirements. (24)(19) “ Drayage Truck ” is the same as defined in title 13, CCR., Ssection 2027. (25)(20) “ Dual-Fuel Engine” means any compression ignition engine that is engineered and designed to operat e on a combination of alte rnative fuels, such as compressed natural gas (CNG) or liquefied petroleum gas (LPG) and diesel fuel or an alternative diesel fuel. These engines have two separate fuel systems, which inject both fuels simultaneously into t he engine combustion chamber. A dual-fuel engine is not an alternative-fuel engine. (26)(21) “ Electronic Tracking System” (A) The tracking device must acquire date, time, and engine-on data at a minimum of 15 minute intervals, wit h no more than 30 minute data gaps. The tracking device must also acquire location data for vehicles claiming to operate exclusively in NOx-exempt areas and for vehicles that must document low use in California when their total miles of operation exceed 1,000 miles and total hours of operation exceed 100 hours. (B) The tracking records must be co llected by an independent entity with no business relationship to the owners of t he vehicles being tr acked, other than to provide the tracking service. (27)(22) “ Emergency Operation” means operation of an authorized emergency vehicle or emergency support vehicle to help alleviate an imm ediate threat to public health or safety. Examples of em ergency operation include vehicle used at an emergency event to repair or prevent damage to roads , buildings, terrain, and infrastructure as a result of an earthquake, flood, storm, fire, terrorism, or other infrequent acts of nature. Emergency operation includes authorized emergency vehicle and emergency support vehicle tr avel to and from an emergency event when dispatched by a local, state, or f ederal agency. Routine operation to prevent public health risks does not constitute emergency operation. (28)(23) “ Emergency Support Vehicle ” means a vehicle, other than an authorized emergency vehicle that has been dispatched by a local, state, or federal agency that is used to transport services or supplies in connection with an emergency operation.9 (29) “ Emission Factor ” means diesel PM or oxides ofnitrogen (NOx) emission rate in grams per mile (g/mile) as shown in A ppendix A. For engines that have been retrofitted with VDECS, the PM Emission Factor is reduced by 50 percent for a level 2 VDECS, and 85 percent for a leve l 3 VDECS; the NOx Emission Factor is reduced by the percentage NOx emission reduct ions that are verified, if any. The PM Emission Factor is not reduced for a level 1 VDECS. (30)(24) “ Executive Officer ” means the Executive Officer of the ARB or his or her authorized representative. (31)(25) “ Farm ” means a physical location for which the primary purpose is making a profit or providing a livelihood from;: (A) horticultural, viticultural, aquacultural, forestry or crops or plants that are grown and harvested at the lo cation, (Nurseries that sell exclusively retail are not farms),; or (B) raising, breeding, grazing, feeding, or milking animals, fish, fowl, or bees. (32)(26) “ Farming Business ” means a business involved exclusively in the cultivating, operating, or managing a farm fo r profit, either as owner or tenant or a business contracted to harvest trees in a fo rest for profit. A farming business does not include businesses that der ive their principal source of income from providing agricultural services such as, landscape services, veterinary, farm labor, or management for a fee or on a contract bas is, or are engaged in the business of artificial insemination, raising, and ca ring for dogs, cats, or other pet animals. (33)(27) “ First Point of Processing ” means the location where harvested crops, bees, fowl, fish, livestock, animals, or thei r products, such as wool, milk, or eggs, are first altered from their original stat e, or the first location where unaltered products are packaged and prepared for trans portation. First point of processing is not a location of the product’s final us e and for some crops the location may be in the field, such as chipping wood. First point of processing also includes biomass facilities that receive agricultu ral waste in the form of unprocessed agricultural materials. A first point of pr ocessing may include, but is not limited to, packinghouses, slaughterhouses , cotton gins, nut hullers/shellers and processors, dehydrators, lumber mills, f eed and grain mills, and biomass facilities. First point of processing does not include distribution c enters, wholesale retail sales locations where the first processing of product does not occur, livestock auction houses, and subsequent locations where processing, cann ing, or similar activities occur after departing a first point of processing location. (34)(28) “ Fleet” means one or more vehicles, owned by a person, business, or government agency, traveling in California a nd subject to this regulation. A fleet may fall into one of the following subclassifications: (A) “Agricultural Fleet” means a fleet utilizing the agr icultural fleet provision in section 2025(m). A fleet owner utilizing t he agricultural fleet provisions must include all vehicles under common owner ship or control in the agricultural fleet including those vehicl es that are not agricultural vehicles. Fleets not utilizing the agricultural fleet provisi on must comply with section 2025(e).10 (B)(A) “ Federal Fleets ” means vehicles - means a in fleets of vehicles owned by a department, agency, or instrumentality of the federal government of the United States of America and its departm ents, divisions, public corporations, or public agencies including the United Stat es Postal Service. With respect to the Department of Def ense and its service branches, federal fleets may be managed regionally, locally, or a co mbination of regional and local management. There may be multiple feder al fleets within a military service or an installation.; or (C)(B) “ Rental or Leased Fleets ” means vehicles that are means - a fleet of vehicles owned by a person (rental or leasing entity) for the purpose of renting or leasing, as defined in Cali fornia Uniform Commercial Code, section 10103(a)(10) such vehicles to other per sons (renters or lessees) for use or operation. (D) “ Schoolbus Fleet ” means a fleet comprised only of vehicles that meet the definition of schoolbus giv en in section 2025(d)(67). (E) “ Schoolbus Sub-Fleet” means the schoolbuses in a fleet comprised of schoolbuses and vehicles other than schoolbuses. (F) “ Small Fleet ” means a fleet with a fleet size ofthree or fewer vehicles. When determining fleet size, all of the vehicles under common ownership and control must be counted. (35)(29) “Fleet Owner” means, except as modified below in paragraphs (A) and (B), either the person registered as t he owner or lessee of a vehicle by the California Department of Moto r Vehicles (DMV), or its equivalent in another state, province, or country; as evidenced on the vehicle registration document carried in the vehicle. (A) For vehicles that are owned by the federal government and not registered in any state or local jurisdiction, the owner shall be the department, agency, branch, or other ent ity of the United States, including the United States Postal Service, to which the vehicles in the fleet are assigned or which have responsibility for maintenance of the vehicles. (B) For vehicles that are rented or leased: 1. The owner shall be presumed to be the rental or leasing entity for purposes of compliance with section 2025(e), if: a. The rental or lease agreement for the vehicle is for a period of less than one year; or b. The rental or lease agreement fo r the vehicle is for a period of one year or longer, unless the terms of the rental or lease agreement or other equally reliable evidence identifies the party responsible for compliance with state laws for the vehicle to be the renting operator or lessee of the vehicle. 2. For purpose of enforcement, if at the time that the vehicle is inspected and cited for noncompliance with this regul ation and neither t he operator of the11 vehicle nor the rental or leasi ng entity can produce does not possess evidence of the party responsible for compliance with state laws, the owner shall be presumed to be both the rental or leasing entity and the renting operator or lessees of the vehicle. (36)(30) “Fleet Size” means the total number of diesel vehicles with a GVWR greater than 14,000 lbs in a fleet, regardless of whetherthe vehicles operate in California, that are under common ownership or control even if they are part of different subsidiaries, divisions, or other organizational structur es of a company or agency. (31) “ Fuel Efficient Hybrid Vehicle” means a vehicle with an onboard energy storage system that improves the average fuel economy of the vehicle by at least 20 percent compared to a conventional diesel vehicle of the same model year and configuration. The vehicle must have a combination of an engine and onboard energy storage system that provides motive power for accelerating the vehicle, regenerative braking recapt ure of energy when the v ehicle decelerates, or operates auxiliary equipment that serves as the primary function for the vehicle while stationary, such as a boom, auger, or drill rig. The energy storage systems can be electric, hydraulic, pneumatic or of anyother type that recovers its energy directly or indirectly from the engine. In addition, the onboard energy storage systems of the hybrid vehicle can have the capability to supplement its energy from an external power source. (37)(32) “ Governmental Agency ” means any federal, state, or local governmental agency, including, public schools, water dist ricts, or any otherpublic entity with taxing authority. (33) "Gross Vehicle Weight Rating (GVWR)" is as defined in Vehi cle Code Section 350. “GVWR” means gross vehicle weight rating which is the weight specified by the manufacturer as the maximum loa ded weight of a single vehicle. (38)(34) “ Heavy-Duty Pilot Ignition Engine” means an engine designed to operate using an alternative fuel, except that dies el fuel is used for pilot ignition at an average ratio of no more than one part diesel fuel to ten parts total fuel on an energy equivalent basis. An engine that can oper ate or idle solely on diesel fuel at any time does not meet this definition. (39)(38) “ Heavy Heavy-Duty Diesel Vehicle (HHD)” for the purposes of this regulation, means a diesel motor vehicl e having a manufactur er's gross vehicle weight rating greater than 33,000 pounds or a truck-tractor r egardless of GVWR., or a motorcoach. (40)(35) “ Highest Level VDECS” means the highest level VDECS verified by ARB under its Verification Procedure, Warrant y and In-Use Compliance Requirements for In-Use Strategies to Control Emi ssions from Diesel E ngines (Verification Procedure), title 13, CCR, sections 2700- 2710, for a specific engine as of 10 months prior to the compli ance date, which the diesel emission control strategy manufacturer and authorized diesel emissi on-control strategy dealer agree can be12 used on a specific engine and vehicle combi nation without jeopardizing the original engine warranty in effect at the time of application. (A) The highest level VDECS is dete rmined solely on verified diesel PM reductions. Plus designations do not affe ct the diesel PM level assigned to a VDECS; that is, a lLevel 3 Plus is t he same diesel PM level as lLevel 3. (B) A Level 2 VDECS shall not be consi dered the highest level VDECS as long as a lLevel 3 VDECS can be retrof itted on a vehicle in the fleet. (C) Level 1 devices are never consider ed highest level VDECS for the purpose of this regulation. (41)(36) “ Historic Vehicle” means a vehicle that has me t meets the qualifications qualifies for and has a historical vehicl e and has been issued a historical vehicle license plate pursuant to the California Veh. Code, section 5004, and is operated or moved over the highway primarily for the purpose of histor ical exhibition or other historic vehicle club activities. (37) “Hubodometer” means a non-resettable device m ounted on the axle of a vehicle that measures distance traveled that has a serial number and a lock-out feature that permanently prevents tampering. (42) “ Hybrid Vehicle” means a vehicle that has a combination of an engine and onboard energy storage system s that provide for one or more of the following processes: motive power for starting the vehicle from a stop, motive power for accelerating the vehicle, recapture of energy when the vehicle decelerates. The energy storage systems can be electric, hydr aulic, pneumatic or of any other type that recovers its energy directly or indi rectly from the engine. In addition, the onboard energy storage systems of the hybrid vehicle can have the capability to supplement its energy from an external power source. (43)(38) “ International Registration Plan (IRP) ” is a registration reciprocity agreement among states of the United St ates and provinces of Canada providing for payment of license fees on the bas is of total distance operated in all jurisdictions. (44) “ Limited-Mileage Agricultural Vehicle” means until January 1, 2017, an agricultural vehicle with a properly functioning odometer installed at all times, that operates less than the miles specified below per cale ndar year, based on the model year of the installed engine or any vehicle that replaces a limited-m ileage vehicle pursuant section 2025(m) (6)(B): (A) A pre-1996 model year engine that is operated fewer than 15,000 miles; or (B) A 1996 through 2005 model year engine th at is operated fewer than 20,000 miles; or (C) A 2006 or newer model year engine t hat is operated fewer than 25,000 miles. (39) “ Log Truck ” means a heavy-duty vehicle with a manufacturer’s GVWR greater than 33,000 poundslbs and has log bunks perm anently attached that exclusively transports logs and has log bunks permanently attached.13 (45) “ Low-Mileage Agricultural Vehicle” means until January 1, 2023, an agricultural vehicle with a properly functioning odometer installed at all times, that operates less than 10,000 miles per calendar year each year since January 1, 2010 or a vehicle that replaces a low-mileag e vehicle per section 2025(m) (7)(B). (46) “ Low-use Schoolbus ” means a schoolbus whose pr opulsion engine was operated in California for fewer than 1,000 miles during the preceding 12 month period from January 1 to the end of December. Su ch vehicles must have a properly functioning odometer installed at all time s but are not required to have an hourmeter. (40) “ Low Mileage Construction Truck ” means a vehicle that me ets the definit ion in (A) or (B) as follows: (A) A truck with a GVWR greater than 26,000 lbs that operates less than 20,000 miles per calendar year and is designe d to transport construction materials such as dirt, asphalt, rock or constructi on debris including a transfer truck, or a tractor trailer combination used excl usively to pull bottom dump, end dump or side dump trailers, or (B) A truck with a GVWR greater than 26,000 lbs that trav els less than 15,000 miles per calendar year and is a concre te mixer truck, truck with a concrete placing boom, a water tanktruck, a single engine cr ane with a load rating of 35 tons or more, a tractor that exclusiv ely pulls a low-boy trailer, or a truck owned by a company that holds a valid license issued by the California Contractors State License Board. (40)(41) “ Low-use Vehicle” means a vehicle that will be operated fewer than 1,000 miles in California in any compliance year. and has an odometer or hubodometer that is properly functioning at all times. If that A vehicle has an engine that powers other equipment that can only be used whil e stationary, the engi ne or power take off (PTO) with power take off (PTO) that only operates equipment while stationary must also operate its PTO less than 100 hours in any compliance year. The hour limitation does not apply for vehicles where the engine is used to power an auxiliary mechanism that strictly l oads and unloads cargo from the vehicle (examples include, but are not limited to, dump trucks, cement powder trucks, or trucks with attached lift devices). except for PTO used to load and unload cargo from the vehicle. Vehicles subject to the hour limitati ons must have a functioning non-resettable hour-meter installed at all times. (47) “ Low-use Vehicle” means a vehicle whose propulsion engine was operated in California for fewer than 1,000 miles and less than 100 hours during the preceding 12 month period from January 1 to the end of December. Such vehicles must have a properly functioning odometer and hour-meter installed at all times. (48) “ Medium Heavy-Duty Diesel Vehicle (MHD)” for the purposes of this regulation, means a diesel motor vehicle having a manu facturer's gross vehicle weight rating less than or equal to 33,000 pounds excluding truck-tractors regardless of GVWR. (49) “ Motorcoach” (MC) is an on-road motor vehicle having an under floor luggage compartment separate from the passenger cabin used for conveying passengers,14 is at least 35 feet in length, and is desi gned for and has seating capacity for 40 or more passengers. (50)(41)(42) “ Motor Carrier ” is the same as defined in California Veh. Code section 408 for fleets other than those that are co mprised entirely of schoolbuses school buses, which for the purposes of this r egulation, means the registered owner, lessee, licensee, school district superint endent, or bailee of any schoolbus school bus, who operates or directs the operation of any such bus on either a for-hire or not-for-hire basis. (51)(42)(43) “ Motor Home” means a single vehicular unit designed for human habitation for recreational or emergency occupancy and built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the complet ed vehicle or a vehicle that exclusively tows a trailer that was originally desi gned for human habitation for recreational or emergency occupancy. (52)(43)(44) “ New Fleet ” means a fleet that is acquired or that enters California after January 1, 2011January 1, 2012. Such fleets may include new businesses or outof-state businesses that bring vehicles in to California for t he first time after January 1, 2011January 1, 2012. (53)(44)(45) “ Non-Commercial Use” means any use or activity where a fee is not charged and the purpose is not the sale of a good or service, and the use or activity is not intended to produce a profit. (54) “NOx BACT” means an on-road engine newly manuf actured in 2010 or later or a 2010 emissions-equivalent engine as defined in section 2025(d)(4). (55)(45)(46) “ NOx Exempt Areas ” are the following counties – Alpine, Colusa, Del Norte, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Monterey, Plumas, San Benito, San Luis Obispo, Sant a Barbara, Santa Cruz, Shasta, Sierra, Siskiyou, Trinity, Tehama, Northern Sonoma (as defined in ARB Resolution 71- 35), and Yuba. (56) “ NOx Exempt Vehicle ” is any vehicle identified in paragraphs 0 through (E) below. These vehicles are exempt from m eeting the NOx BACT requirements of sections 2025(f) or (g), or the NOx fleet average requirements of section 2025(h) for the compliance years specified in section 2025(p). A NOx exempt vehicle is: (A) A schoolbus as defined in section 2025(d)(67); or (B) A vehicle that operates exclusively in the NOx exempt areas defined in section 2025(d)(55); or (C) A vehicle that is granted a comp liance extension under the early action provision of section 2025(p)(8); or (D) A NOx mileage exempt vehicle, as defined in section 2025(d)(56); or (E) A motorcoach as defined in section 2025(d)(47).15 (57) “ NOx Index” for the purposes of section 202 5(h)(2)(B) means an indicator of a fleet’s overall NOx emission rate. (58) “ NOx Mileage Exempt Vehicle” is exempt from m eeting NOx BACT in sections 2025(f) or (g), or the NOx fl eet average in section 2025(h) during the compliance years specified in section 2025(p)(1), and section 2025(h) regardless of where the vehicle is operated and is limited to: (A) A heavy heavy-duty diesel vehicle t hat has a power ta ke off system to perform work in a stationary mode, or a diesel yard truck that is operated fewer than 7,500 miles and le ss than 250 hours per year; (B) A medium heavy-duty diesel vehicle that has a power ta ke off system to perform work in a stationary mode that is operated fewer than 5,000 miles and less than 175 hours per year; (C) A heavy heavy-duty diesel vehicle that does not have a power take off system to perform work in a stat ionary mode and is operated fewer than 7,500 miles per year, with no hours limitation; or (D) A medium heavy-duty diesel vehicle that does not have a power take off system to perform work in a stat ionary mode and is operated fewer than 5,000 miles per year, wit h no hours limitation. (59) “NOx Target Rate” means the NOx fleet average that a specific fleet must meet in a compliance year in order to showcompliance with the fleet average requirements. (60) “Oxides of Nitrogen (NOx)” means compounds of nitric oxide, nitrogen dioxide, and other oxides of nitrogen. Nitrogen oxides are typically created during combustion processes and are major cont ributors to smog formation and acid deposition, and to the formati on of particulate matter. (61)(46)(47) “ Person” means an individual, corporati on, business trust, estate, trust, partnership, Limited Liability Company, a ssociation, joint venture, government, governmental subdivision, agency, or instru mentality, public corporation, or any other legal or commercial entity. (62)(47)(48) “PM BACT” means the technology employed on the highest level VDECS for PM or an engine that is origina lly equipped with an original equipment manufacturer (OEM) diesel particulate filt er and certified to meet the 0.01 g/bhp-hr certification standard. (63)(48)(49) “ Registered and Driven Safely On-Road ” means a vehicle that meets the requirements to be registered for on-r oad operation in California Veh. Code division 3, chap. 1, article 1, section 4000 et seq. (i.e., required to be registered or could be registered), and the requirem ents to be driven safely on-road in “Equipment of Vehicles” requirements in Veh. Code division 12, chap. 1, sections 24000 et seq. and “Size, Wei ght, and Load” requirements in Veh. Code division 15, sections 35000 et seq, or a vehicle defined as an implement of husbandry as defined in California Veh. Code division 16, chap. 1, section 36000 et seq.16 (64)(49)(50) “ Repower ” means to replace the engine in a vehicle with a newer engine certified to lower emission standards for PM or NOx or both as applicable. (65)(50)(51) “ Responsible Official ” means one of the following: (A) For a corporation: A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, their delegate, designee, or any other person who performs similar policy or decisionmaking functions for the corporation; (B) For a partnership or sole proprietors hip: a general partner or the proprietor, respectively; or (C) For a municipality, stat e, federal, or other govern mental agency: either a principal executive officer or ranking el ected official. For the purposes of this part, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operati ons of a principal geographic unit of the agency (e.g., a Regional Administrator of the U.S. EPA). For the purposes of the D epartment of Defense Military Services, a commanding officer of an installa tion, base or tenant organization. (66)(51)(52) “ San Joaquin Valley Air Basin” includes the entire counties of San Joaquin, Stanislaus, Merced, Madera, Fres no, Tulare, and Kings and western part of Kern County as described starting page 2 3888 of the Federal Register Vol. 69, No. 84. (67)(52)(53) “Schoolbus School Bus” is a motor vehicle as def ined in California Veh. Code, section 545. (68) “Shuttle vehicle” means a diesel-powered motor v ehicle of any gross vehicle weight rating with a capacity of 10 or more passengers, routinely driving an average of 10 trips per day to or from ai rport terminals, marine terminals, and rail based stations. (69)(53)(54) “ Specialty Agricultural Vehicle” means, until January 1, 2023, an agricultural vehicle having one of the fo llowing body types and hasthat have been approved for the exemption underin sect ion 2025(m)(8)(10)(11) by the Executive Officer: (A) A truck, or a truck-tractor and traile r combination, designed or modified to be used exclusively for the fueling, repai ring, or loading of an airplane or helicopter used for the dusting, spraying, fertilizing, or seeding of crops; (B) A truck, or a truck trac tor and trailer combination, t hat is equipped with a selfloading bed and is designed and used exclusively to transport field manufactured cotton modules to a cotton gin; (C) A truck equipped with a water tank owned by a farmer, not operated for compensation, and used exclusively in agr icultural operations to provide dust suppression on dirt roads providing acce ss to agricultural fields and for the transportation of water for crop or tr ee irrigation or for livestock; or17 (D) A feed truck or mixer-feed truck, spec ially designed for dispensing feed to livestock. It does not include trucks des igned to supply storage silos with feed. and is used exclusively at a cattle orcalf feedlot. It does not include a feed truck or mixer-feed truck used at dai ries or other locations other than cattle and calf feedlots. (E) A truck with a self-loading bed desi gned to be used in the process of harvesting lettuce. This type of vehicl e is commonly referred to as a Fabco truck. (70)(54)(55) “ Three Day Pass ” means a once-a-year temporary permit to operate a vehicle in California for three consec utive days without meeting the requirements of section 2025(e).provided that prior to ent ering California the vehicle owner has reported the information required in sect ions 2025(r) (7)(19) and (r)(8) and the date the vehicle will be entering California. No vehicle or fleet will be granted more than one three day pass per year. (71)(55)(56) “ Tier 0 Engine” means an engine not subject to the requirements in title 13, CCR, section 2423; Title 40, Code of Federal Regulati ons (CFR), Part 89; or Title 40, CFR, Part 1039. (72)(56)(57) “ Tier 4 Final Engine ” means an engine subject to the final after-treatmentbased Tier 4 emission standards in titl e 13, CCR, section 2423(b)(1)(B) and/or Title 40, CFR, Part 1039.101. This also includes engines certified under the averaging, banking, and trading program with respect to t he Tier 4 FEL listed in title 13, CCR, section 2423(b)(2)(B) and/ or Title 40, CFR, Part 1039.101 (73) “ Truck-Tractor ” means a motor vehicle as defined in section 655 of the California Motor Veh. Code. (57)(58) “ Two -Engine Sweeper” means an on-r oad heavy-duty vehicle with a manufacturers GVWR greater than 14,000 poundslbs, used for the express purpose of removing material from road or other surfaces, by mechanical means through the action of one or more brooms, or by suction through a vacuum or regenerative air system or any combination of the above. A tw o-engine street sweeper has an engine to propel the vehicle and an auxiliary engine to power the broom or vacuum. (74)(58) “ Unique Vehicle” means a vehicle for which: (A) a used vehicle that performs a sim ilar function with a 2007 NOx equivalent emissions engine or cleaner is not available, and (B) a used suitable cab and chassis upon wh ich the truck bed could be mounted is not available, and (C) a verified NOx emissions control dev ice that could reduce the vehicle’s exhaust NOx emissions is either installed or not available, and (D) the vehicle’s engine is equipped with the highest level VDECS.18 (75)(59)(59) “ Private Utility Vehicle " means a vehicle owned bya privately-owned or publicly held company or corpor ation that provides the same or similar services for water, natural gas, and electricity as a pub lic utility operated by a municipality. (76)(60)(60)_ “ Verified Diesel Emission Control Strategy ” (VDECS) means an emissions control strategy, designed primarily for the reduction of diesel PM emissions, which has been verified pursuant to the Ve rification Procedures. VDECS can be verified to achieve lLevel 1 diesel PM r eductions (25 percent), lLevel 2 diesel PM reductions (50 percent), or lLevel 3 dies el PM reductions (85 percent). VDECS may also be verified to achieve NOx reduc tions. See also definition of Highest Level VDECS. (77)(61)(61) “ VDECS Failure” means the condition of not achieving the emissions reductions to which the VDECS is verifi ed. Such condition could be due to inappropriate installation, damage, or deterioration duri ng use. If a lLevel 3 VDECS is emitting visible smoke, it is assumed to have failed. (78)(62)(62) “ Yard Truck ” means a vehicle, with an on -road or off-road engine, and a hydraulically elevated fifth wheel, that is used in moving and spotting trailers and containers at locations or facilities. Ya rd trucks are also known as yard goats, hostlers, yard dogs, trailer spotters or jockeys.

(e) General Requirements Beginning with the applicable effective dat es, a fleet owner must comply with the following requirements of this regulation: (1) Except as otherwise provided below for specific classifications in sections 2025(e)(2) through 2025(e)(5), fleets mu st meet the following compliance schedule: (1)(A) Starting January 1, 2015, fleets must meet the require ments of section 2025(f) for all vehicles with a GVWR 26,000 lbs or less except for school buses. and may utilize the exemptions and extensions provided in of section 2025(p). (2)(B) Starting January 1, 2012, for all vehicles with a GVWR greater than 26,000 lbs, excluding school buses, fleet s must meet the requirements of section 2025(g) or fleets that report may instead comply with the phase-in options of section of 2025(i). for a ll vehicles with a GVWR greater than 26,000 lbs and must follow the reporting requirements of section 2025(r) if complying using the phase-in option. The fleet owner may use the exemptions and extensions provided in section 2025(p). (3)(C) Fleets with one to three vehicles with a GVWR greater than 14,000 lbs may utilize the small fleet compliance opt ion of section 2025(h) for phase-in option for small fleets with vehicles with a GVWR greater than 26,000 lbs provided in 2025(h). (4)(2) Beginning January 1, 2012, fleets wit h school buses must comply with the requirements of section 2025(k) for all school buses in the fleet.19 (5)(3) Beginning January 1, 2021, all private utility vehicle owners mu st comply with the requirements of section 2025(l)(4). (6)(4) Beginning January 1, 20232017, fleets with drayage tru cks must comply with the requirements of section 2025(l)(1) through (3). (7) Fleets with log trucks may utilize the log truck provision of section 2025(m) (11). (8)(5) All Ffleets may utilize t he credits provisions of sect ion 2025(j), the pr ovisions of agricultural vehicles and log trucks of section 2025(m), the provisions for construction trucks, vehicles operating ex clusively in the NOx exempt areas, or any of the other extensions, delays, and exemptions of section 2025(p). (1) Except for small fleets electing to comp ly with section 2025(i), the fleet owner must comply with the best available contro l technology (BACT) requirements of section 2025(f) or the BAC T percentage limits of section 2025(g) or the fleet average requirements of sect ion 2025(h). The compliance option need not be the same for each pollutant. The fleet owner may also opt to comply with the early compliance provision of section 2025(p)(8). (2) Schoolbus fleets, as de fined in section 2025(d)(34)(D ), must comply with the requirements of section 2025(j). (3) Each fleet that includes schoolbuses and other vehicles must meet the following requirements: (A) The schoolbus sub-fleet as defined in section 2025(d)(34)(E) must meet the requirements of section 2025(j). (B) The remaining non-schoolbus vehicl es, excluding the schoolbus sub-fleet, must comply with the requirements of se ction 2025(e)(1) above; or the owner may include the schoolbus sub-fleet in the determination of compliance for the entire fleet with the requirements of section 2025(e)(1). Schoolbuses used in this determination remain ex empt from meetin g NOx BACT in sections 2025(f) or (g), or the NO x fleet average in section 2025(h). However, the owner may not use non-sch oolbus vehicles to satisfy the schoolbus sub-fleet require ments of section 2025(j). (4) Requirements for Drayage Trucks and Utility Vehicles Starting in January 1, 2021, all drayage truck and utility v ehicle owners must comply with the BACT requirement s of section 2025(f). (5)(9)(6) Although the total number of v ehicles under common ownership or control is determinative of fleet size, if some ofthe vehicles within the fleet are under the control of different responsible offici als because they are part of different subsidiaries, divisions, or other organization al structures of a company or agency, the fleet owner of a “common ownership of control fleet” may elect to have the vehicles under the control of different responsible officials report compliance independently of other vehicles in the general fleet if choosing to comply with the fleet averaging requirements of the requirement s of section 2025( g) or the phasein option of section 2025(h)(i) or the BACT percentage limits requirements of20 section 2025(g) for the segm ent of the fleet under the control of the different responsible officials. However, all v ehicles under common ownership and control must be reported for the fleet to use the credits for fl eets that have downsized in section 2025(j)(1), the credits for the early addition of newer vehicles in section 2025(j)(3), or the extension for low mileage construction trucks of section 2025(p)(2). (6) A fleet may meet the r equirements of section 2025(e)(1 ), 2025(e)(2), or 2025(i)(2) by applying a VDECS that will achieve PM or NOx reductions or both as required, replacing an engine, or replacing a vehicle. (7) Except as provided below in (B), one of the following is required for all fleet owners who elect to utilize the BACT percent limit s option of section 2025(g), the fleet averaging option of section 2025(h), the optional require ments for small fleets of section 2025(i), the agricultu ral provisions of section 2025(m), the retired vehicle provisions of section 2025(k), or the exemptions or credit s of sections 2025(p)(1), (2), (9), and (10): (10)(7) Except personal, non-commercial, unregistered motor vehicles, or vehicles otherwise not required to obt ain operating authority to operate, the following is required for all fleet owners who elect to utilize the phase-in options of sections 2025(hi) and the small fleet opti on of section 2025(h), 2025(i),; the credits provisions of section 2025(j) for early PM re trofits, early addition of newer vehicles, hybrids vehicles, and alternative fueled ve hicles, and vehicles with heavy-duty pilot ignition engines, of section 2025(j), the agricultural vehicle provisions of section 2025(m), or the exemptions, del ays, and extensions provisions of sections 2025(p): (A) (A)1. A valid California moto r carrier of property number,; (B)2. A valid identification number assigned by the United States Secretary of the Department of Transportation,; (C)3. A valid operating authority num ber issued by the Public Utilities Commission,; or (D)4. Other applicable valid operating aut hority number approved by the Executive Officer. (B) this requirement does not apply to personal, non-commercial, unregistered motor vehicles, or v ehicles otherwise not required to obtain operating authority numbers as described in section (e)(7)(A) above. (8) A vehicle that is exempt from meet ing the NOx BACT secti ons 2025(f) or the percent limits in section 2025( g), or the NOx fleet aver age in section 2025(h) must comply with the requirements of section 2025(p)(o)(1). (9)(11)(8) All information specified in section 2025(r) must be reported to the Executive Officer.21 (10)(12)(9) Records must be kept as specified in section 2025(s). (11)(13)(10) Once a vehicle is required to be in compliance with this regulation, it must remain in compliance at all times t hat it is operating in California.

(f) Requirements for Vehicles with a GVWR 26,000 lbs or less Fleets owners must comply with the schedule in Table 1 for all the vehicles in the fleet with a GVWR 26,000 lbs or less and meet the record keeping requirements of section 2025(s). Fleets do not need to meet the report ing requirements of section 2025(r). School buses are not subject to the requirements of this section and must meet the requirements of section 2025(k). (1) Except as provided in (3) below, all ve hicles with a GVWR 26,000 lbs or less must be equipped with a 2010 model year emissi on equivalent engine pursuant to the following schedule in Table 1:

Table 1: Best Available Control Technology Compliance Schedu le by Engine Model Year for Vehicles with a GVWR 26,000 lbs or less

Compliance Date

as of January 1 Existing Engine Model Year BACT Requirements

2015 1995 & older

2010 model year emission equivalent 2016 1996 2017 1997 2018 1998 2019 1999 2020 2003 & older 2021 2004-2006 2022 N/A 2023 2007-2009All engines

(2) Each year the fleet must meet the r equirements of all prior years shown in the schedule. A 2007 model year emissions equivalent engine complies with the BACT requirements unt il January 1, 2023. (3) There are no reporting requirements for vehicles with a GVWR 26,000 lbs or less except as identifi ed in 2025(f)(4) below. (4)(2) Any engine vehicle that meets PM BAC T prior to January 1, 2014, does not have to beis exempt from upgradeding to a 2010 model year emissions equivalent engine until January 1, 2020, but the fleet owner and must meet the reporting and record keeping requirements of secti ons 2025(r) and (s) for the vehicle. (3) Fleets may use the provisions for agricultu ral vehicles in section 2025(m) or any of the exemptions, delays, and ext ensions of section 2025(p). (4) Any fleet where all vehicles with a GVWR 26,000 lbs or less meet PM BACT prior to January 1, 2014, does not have to upgrade those vehicles to 2010 model year22 emissions equivalent engines until January 1, 2023, but mu st meet the reporting and record keeping requirements of sections 2025(r) and 2025(s) by January 31, 2014 for all the vehicles in t he fleet with a GVWR 26,000 lbs or less.

(g) Requirements for Vehicles with a GVWR greater than 26,000 lbs Fleets owners must comply with the schedule in Table 2 for all vehicles in the fleet with a GVWR greater than 26,000 lbs and must comply with the record keeping requirements of section 2025(s), and are not required to m eet the reporting requirements of section 2025(r). Except as required in sections 2025 (3) and (4) below,if all vehicles in the fleet meet the requ irements of this section the fleet is exempt from the reporting requirement s of section 2025(e)(11). A fleet may meet PM BACT by installing the highest level VDECS or withbyhaving an engine a ve hicle originally equipped with an OEM diesel particulate filter . A fleet may meet the 2010 model year emissions equivalent engine requirement by replacing the engine or vehicle with one with a 2010 model year engine or later, re trofitting the engine with a VDECS that achieves 2010 model year equiva lent emissions, or by replac ing a vehicle with one that has a future compliance deadline. Fleets may alternatively choose to comply using the phase-in option of section 2025(i) or as specified in 2025(g)(3) below. (1) Starting January 1, 2012, all vehicles in the fleet with a GVWR greater than 26,000 lbs must meet PM BACT and upgrade to a 2010 model year engi ne or emissions equivalent engine emissions pursuant to the schedule set forth in Table 2 below.

Table 2: Best Available Control Technology Compliance Schedu le by Engine Model Year for Vehicles with GVWR greater than 26,000 lbs

Engine Model Year Compliance Date Install PM Filter by Compliance Date 2010 Engine by

1993 & older N/A January 1, 2015

1994-1995 N/A January 1, 2016

1996-1997 N/A January 1, 2017

1998-20001996 – 1999 January 1, 2012 January 1, 2020

20012000 -2004 January 1, 2013 January 1, 2021

2005-2006 January 1, 2014 January 1, 2022

2007-2009 or newer January 1, 2014 if not originally OEM equipped January 1, 2023

(2) Each year the fleet must meet the r equirements of all prior years shown in the schedule. A 2007 model year emissions equivalent engine complies with the BACT requirements unt il January 1, 2023. (3) From January 1, 2012 unt il Until January 1, 20142015, any fleet may optionally choose to meet PM BACT according to the following schedule:23 1.(A) 2003-2004 model year engines and 1993 model year and older engines must meet PM BACT by January 1, 2012. 2.(B) 2005-2006 model year engines and 1994-1999 model year engines must meet PM BACT by January 1, 2013. 3.(C) All engines meet PM BACT by January 1, 2014. (D) After January 1, 2014Beginning Ja nuary 1, 2015, this option expires and the fleet must comply with general requirements of section 2025(e). (E) Fleet owners choosing this opti on must comply with the reporting and record keeping requirements of sections 2025(r) and (s). (4) Any engine vehicle that meets PM BACT prior to January 1, 2014, is exempt from does not have to be upgraded to a meeting 2010 model year emissions equivalent engine requirement until January 1, 2020 at which time it must be in compliancey with the schedule set forth in requirements of Table 2 belowabove. To use the exemption, Ffleet owners c hoosing this option must co mply with the reporting and record keeping requirements of sections 2025(r) and (s) by January 31, 2014 for the vehicles that meet PM BACT. (5) Fleets may utilize the exemptions and extensions of sections 2025(p) and 2025(m). (6) Fleets may use the extension based on the unavailability of highest level VDECS of section 2025(p)(9) for 1996 m odel year or newer engines.

(h) Small Fleet Compliance OptionPha se-in Option for Small Fleets In lieu of initially complying with the schedule set forth in Table 2 of section 2025(g), a This is an option for a fleets with a fleet si ze of one to three vehicles with a GVWR greater than 14,000 lbs that a llows the fleet to may alter natively comply with the phasein schedule to meet PM BACT as specified below for the vehicles in the fleet with a GVWR greater than 26,000 lbs from January 1, 2014 to January 1, 2016. Fleets must comply with the record keeping requirement s of section 2025(s) starting January 1, 2012 and must meet the reporting r equirements as specified below to utilize this option. delay meeting the PM BAC T requirements until January 1, 2014 and the 2010 engine or equivalent emissions requirement until January1, 2020. This option applies only to vehicles in the fleet with a GV WR greater than 26,000 lbs. (1) The fleet shall have one vehicle comply with PM BACT, by January 1, 2014, two vehicles by January 1, 2015, and th ree vehicles by January 1, 2016.

Vehicles within the fleet shall meet PM BACT pursuant to the following schedule: (A) One vehicle by January 1, 2014 (B) Two vehicles by January 1, 2015 (C) Three vehicles by January 1, 2016 (2) Vehicles with a GVWR greater than 26,000 lbs that meet PM BACT are exempt from meeting the 2010 model year emissions equivalent engine requirements until January 1, 2020. Beginning January 1, 2020, a ll vehicles in the fleet must comply24 with the 2010 engine or equivalent em issions requirements of the BACT compliance schedule in Table 2. (3) This option is not available to divisions within a company or subsidiaries under common ownership and control that has a fleet size greater than three. (4)(3) Fleets with vehicles with 1998-20001996- 1999 model year engines that do not meet PM BACT by January 1, 2012, must comply with the reporting requirements of section 2025(r) starting January 31, 2012. (5)(4) Fleets with vehicles with 2001 2000-2004 m odel year engines that do not meet PM BACT by January 1, 2013, must complywith the reporting requirements of section 2025(r) starting January 31, 2013. (6)(5) All Ffleet owners using this provisi on must comply with the reporting and record keeping requirements of sections 2025(r)(5) through (10) and (s) by January 31, 2014. (6) Beginning January 1, 2020, all vehicles in the fleet must comply with the 2010 model year emissions equivalent engine requirements by engine model year as set forth in Table 2 of section 2025(g). (7) This option is not available to divisi ons within a company or subsidiaries under common ownership and control that have a combined fleet size greater than three. (8) Fleets using this option may also utilize the exemptions and ext ensions in section 2025(m) and 2025(p). (9) Fleets may use the extension based on t he unavailability of highest level VDECS of section 2025(p)(9) for all engine model years in the fleet.

(i) Phase-in Option for Large Fleets The phase-in option for fleets with vehicl es with a GVWR gr eater than 26,000 lbs provides fleets with an alternative compli ance option to phase in the requirements In lieu of initially complying with the schedule set forth in Table 2 of section 2025(g), fleets may alternatively comply with the phase-in sc hedule of this section for the vehicles in the fleet with a GVWR greater than 26,000 lbs from January 1, 2012 to January 1, 2016. (1) Beginning January 1, 2012, fleets electing this option must meet the PM BACT requirements and upgrade to a 2010 model year emission equivalent engine pursuant to the schedule set forth in Table 3 2 below. and then comply with the requirements of section 2025( g) starting January 1, 2020.25 Table 3: Phase-in Compliance Schedule for Vehicles with GVWR greater than 26,000 lbs

Compliance Date

as of January 1 Percent of Total Fleet Complying with PM BACT BACT Requirements

2012 30%

PM BACT 2013 60% 2014 90% 2015 90% 2016 100%

20162020 All vehicles must comply with section 2025(g)

(2) If the calculated number of engines in each model year group required to be brought into compliance with the percentage limits is not equal to a whole number, the owner shall round up to a whole num ber when the fractional part of the required number of engines is equal to or greater than 0.5, and round down if less than 0.5. (3) Vehicles in which public funds contribut ed to the purchase of the vehicle, repower or the engine, or retrofit of athe engi ne vehicle must be not be included when excluded in determining the fleet sizecompliance with PM BACT, unless allowed by the funding program guidelines applicable to the particular source of public funds used for the purchase. and the numberof vehicles in accordance with the funding program guidelines., nor shall the engine be included in the total fleet for purposes of determining the perc ent complying with PM BACT. (4) To utilize this option, fleet owners must comply with the reporting and record keeping requirements of sections 2025(r) and 2025(s) by beginning January 31, 2012. (5) Fleets complying with this option may also use the credits of section 2025(j), the agricultural provisions of section 2025(m), the exemptions, del ays, and extensions of sections 2025(p). (6) Fleets may use the extension based on unav ailability of highest level VDECS of section 2025(p)(9) for a ll engine model years. (5) Relief for Fleets that have Downsized This credit is only available to fleet s utilizing the phase-in option. Until January 1, 2016, a fleet that has fewer v ehicles with a GVWR greater than 26,000 lbs operating in the compliance year t han in the 2006 baseline fleet may claim a reduced requirement for the compliance year. (A) Until January 1, 2014, the fleet ma y reduce the percent requirement in Table 3 by the same percent that the fleet was downsized. For example, a fleet that is 20 percent sm aller than it was in 2006 would be able to subtract26 20 percent from the annual compliance requirement. If the compliance requirement for the year is 30 percen t, the fleet would need to demonstrate that it had PM filters on the 10 percent of the existi ng fleet (30%-20%=10%). (B) The number of vehicles that are not operated in the compliance year may be excluded from the existing fleet in determining the credit if:

1. The vehicle is not driven fo r the entire compliance year and a. Either a planned non- operation certificate that has been filed with the DMV or a certific ate of non-operation or, b. An equivalent certificate fil ed with another state prior to the beginning of the compliance year; or 2. The vehicle is not operated fo r any other purpose during the compliance year except to demonstra te functionality of the vehicle to potential buyers, to move the vehicl e short distances for maintenance, or to a storage facility while awaiting sale. (C) Any fleet utilizing this provision mu st comply with the reporting requirements of section 2025(r)(13) and report informati on for all vehicles in the 2006 baseline fleet. (E) The credits are not transferrable ex cept with appropriate documentation of a change of business form such as sole proprietorship to partnership or partnership to corporati on, or for mergers or ac quisitions of the entire company and fleet. (F) For purposes of determining the numberof vehicle in the fleet on January 1 of the compliance year, all vehicles in the scope and applicability section 2025(b) must be included and all vehicles exempt from the regulation in the exemptions section 2025( c) must be excluded.

(j) Credits for Fleets that have Downsized, Early PM Retrofits, Hybrid Vehicles, Alternative Fueled Vehicles, and Vehicles with Heavy-Duty Pilot Ignition Engines

, and Early Addition of Newer Vehicles,

Fleets can take advantage of credits that re duce the number of vehicles with a GVWR greater than 26,000 lbs that must meet the PM BACT r equirements in the phase-in option of section 2025(i) as described in it ems (1) to (3) below, and does not apply to school buses. (1) Credit for Fleets that have Downsized Until January 1, 2016, a fleet that has fewer vehicles wit h a GVWR greater than 26,000 lbs operating in the compliance year than in the 2006 baseline fleet may claim a credit towards compliance with the phase-in optio n of section 2025(i) for that year. (A). The fleet owner may reduce the perc ent requirement in Table 3 of section 2025(i) by the same percent that the fleet was downsized. For example, a fleet that has 20 percent fewer vehicles operating in 2006 would be able to subtract 20 percent from the annual comp liance requirement. That is, if the27 compliance requirement for the year is 30 percent, the fleet would only need to demonstrate that 10 perc ent of the existing flee t (30%-20%=10%) met PM BACT. (B) A vehicle that is not operated in the compliance year may be excluded from the existing fleet in determining the credit if:

1. The vehicle is not driven fo r the entire compliance year and a. Either a planned non-o peration certificate that has been filed with the DMV or a certific ate of non-operation or, b. An equivalent certificate fil ed with another state prior to the beginning of the compliance year; or c. The vehicle is not operated for any purpose during the compliance year except to demonstrate functi onality of the vehicle to potential buyers, to move the vehicle short distances for maintenance, or to a storage facility while awaiting sale. (C) The fleet utilizing this provision must comply with the reporting requirements of section 2025(r)(12) for low-use vehi cles and report information for all vehicles in the 2006 baseline fl eet per section 2025(r)(13). (D) For purposes of determining the credit, all vehicles in the scope and applicability section 2025(b), except sc hool buses, must be included in calculating the number of vehicles in the 2006 baseline fleet and in the fleet during the compliance year and all vehicl es exempt from the regulation in section 2025(c) must be excluded. T he number of vehicles calculated at the beginning of the compliance year will include vehicles that are partially paid for by state funds, all drayage tru cks, and all on-road vehicles that are now subject to the title 13, section 2449. (1)(2) A fleet shall receive a credit to trea t another vehicle with a GVWR greater than 26,000 lbs as compliantmeeting the PM BACT requirements of section 2025(i) until January 1, 2017 for the following items as described below in 2025(j)(2)(A) to 2025(j)(2)(C). The fleet can earn a cr edit for taking the following compliance action on a vehicle with a GVWR greater th an 26,000 lbs. The fleet can also earn a credit to treat another vehicle with a GVWR greater than 26, 000 lbs as compliant for taking the following action on a vehicl e with a GVWR from 14,001 to 26,000 lbs if the action was taken between January 1, 2007 and July 1, 2011. (A) Credit for Early PM Retrofit A credit will be granted for For each vehicle, with a GVWR greater than 14,000 lbs, that is the fleet has equipped with the highest level VDECS for PM by July 1, 2011. A The fleet may al so receive the same a credit for each vehicle for which if the highest le vel VDECS is has been ordered and paid for, or for which at least a 20 percent deposit has been paid, by May 1, 2011 and the VDECS is installed by SeptemberOctober 1, 2011. The fleet owner must meet the reporting requirem ents of section 2025(r)(13) by January 31, 2012 to claim the credit and must meeting the record keeping requirements of 2025(s) to document the VDECS purchase and installation.28 (B) Credit for Hybrid Vehicles, Alternativ e Fueled Vehicles, and Vehicles with Heavy-Duty Pilot Ignition Engines Credit will be granted forFor each vehicle with a GVWR greater than 26,000 lbs that is a fuel efficient hybrid vehi cle, an alternative fueled vehicle, or a vehicle powered by a heavy-duty pilot ignition engine that is added to the fleet beforeJanuary 1, 2007 and January 1, 2017. The fleet owner must meet the reporting and record keepi ng requirements of section 2025(r) and 2025(s) for the vehicle by January 31 of the compliance year to use the credit. Vehicles with a GVWR betw een 14,000 lbs and 26,000 lbs may also earn a credit if added to t he fleet prior to July 1, 2011 and information is reported by January 31, 2012. Any al ternative fueled engine or vehicle powered by a heavy-duty pilot igni tion engine must be counted when determining the number of vehicles in the fleet. (C) For the same owner, excess PM VDECS credits granted in the Off-road regulation (title 13, CCR section 2449) may be used in the Truck and Bus regulation and excess PM VDECS credi ts granted in the Truck and Bus regulation may be used in the Off-r oad regulation until January 1, 2017. Starting January 1, 2017 no credits may be transferred between the regulations.

1. Excess PM VDECS credits earned in the Truck and Bus regulation will be determined for each compliance year. The annual excess PM VDECS credits are determined by counting the number of Level 3 PM VDECS filters and 2007 model year and newer engines that meet PM BACT in the fleet that exceed the minimum num ber required to meet the PM BACT percentage of section 2025(i) without accounting for the credits specified in sections 2025(j)(2)(A) and 2025(j)(2)(B), and 2025(j)(3). The number of Excess PM VDECS credits cannot exceed the number of Level 3 retrofit VD ECS in the fleet. Excess PM VDECS credits can be used in the Off-Road regul ation according to section (title 13, CCR section 2449.1(b)). 2. For each compliance year, excess PM VDECS credits earned in the Off-road regulation may be applied as a credit that would treat another vehicle with a GVWR greater than 26,000 lbs in the Truck and Bus regulation section 2025 as compli ant in the compliance year when determining compliance with the phase- in option of section 2025(i). 3. Fleets must meet the reporting r equirements of section 2025(r)(27) to utilize excess PM VDECS credits. (C) For each alternative fueled engine or heavy-duty pilot ignition engine added to the fleet between before January 1, 2011. A dual-fuel engine is not eligible. (3) Credit for Early Addition of Newer Vehicles

The fleet shall receive credit for the additi on of a vehicle that has a propulsion engine that is equipped with an OEM di esel particulate filter before January 1, 2012 if the average ag e of the propulsion engines in the fleet is newer29 than it was in 2006. Until January 1, 2017, the credit can be applied towards meeting the PM BACT require ments of the phase-in op tion of section 2025(i). (A) The credit is a percentage that will be calculated as 5 times the difference in the average age of the 2006 baseline fleet and the average age of the fleet in the compliance year, where 1. The average age of the fleet in 2006 is calculated as 2007 minus the average age of the engine model years in the 2006 baseline fleet. 2. For vehicles that were in the 2006 baseline fleet and are no longer in the fleet as of January 1, 2012, the vehicle model year minus 0.5 will be used in lieu of the engine model year, unless the fleet has documentation demonstrating the engine model year and engine family. 3. The fleet owner may retain the credi t after 2012 if the fleet average age stays the same or newer than it was on January 1, 2012, otherwise the credit will be recalculated.

4. Vehicles that use t he exemption for low-use vehicles of 2025(p)(4 ) may be excluded in determining the credit. (B) The credit cannot exceed the percent age of the fleet that has 2007 model year or newer engines that meet PM BACT. (C) The credit shall reduce the PM BACT requirement of the phase-in option in section 2025(i) for the applicable compliance year. (D) The fleet owner must m eet the reporting and record keeping requirements of section 2025(r) and (s) by January 31, 2012. (4)(2) Credits under this section specified in sections 2025(j)(1) through 2025(j)(3) will not be given for vehicles that were purchased by the fleet or retrofitted to comply with any other California in-use regulation. Credits will also not be given for partially state funded vehicle replacements or retrofits according to the funding program guidelines applicable to the parti cular source of public funds used for the purchase. Credits under this section are only valid for as long as the vehicle for which the compliance action has been taken re mains operational in the fleet or if replaced within 30 days with a vehicle eq uipped with an engine that meets PM BACT and is at least one model year newer. (3) A fleet using the credits under this sect ion must report the information required in section 2025(r) about the vehicle for wh ich the compliance action has been taken and the vehicle to be treated as compliant. (5) Credits are not transferrable except wit h appropriate documentation of a change of business form approved by the Executive Officer such as sole proprietorship to partnership, partnership to corporation, mergers or ac quisitions of the entire company and fleet of vehicles, or for changes such as from estate tax or inheritance tax planning.

(f) Best Available Control Tec hnology (BACT) Requirements30 Starting and every January 1, 2011 thereafter, vehicles within a fleet in which the fleet owner has elected to utilize the provisions of section 2025(f) mu st comply with the definitions for PM BACT, and NOx BACT as se t forth in the compliance schedule shown in Table 1. Each year the fleet must meet the requirements of all prior years shown in the schedule. If all vehicles in the fleet meet the r equirements of this se ction the fleet is exempt from the repor ting requirements of section 2025(e)(9).

Table 2: Best Available Contro l Technology Compliance Schedule

Compliance Deadline, as of January 1 Engine Model Years BACT Requirements

2011 Pre-1994 PM BACT 2012 2003 – 2004 PM BACT

2013 2005 – 2006 PM BACT 1994 – 1999 NOx and PM BACT 2014 2000 – 2002 NOx and PM BACT 2007 and later that do not meet PM BACT PM BACT

2015 Pre-1994 NOx and PM BACT 2016 2003 – 2004 NOx and PM BACT 2017 2005 – 2006 NOx and PM BACT 2018 All pre-2007 NOx and PM BACT 2019 All pre-2007 NOx and PM BACT 2020 All pre-2007 NOx and PM BACT 2021 2007 or equivalent NOx and PM BACT 2022 2008 NOx and PM BACT 2023 2009 NOx and PM BACT

(g) BACT Percentage Limits. A fleet owner who elects to utilize the provis ions of this section must comply with the applicable requirements below and the reporting requirement s of section 2025(r). (1) By January 1 of each compliance year, the fleet must meet PM BACT for the percentage of propulsion engines in the fleet, including engines installed in motorcoaches, as set forth in Table 2. (2) By January 1 of each compliance year, the fleet, excluding motorcoaches, must meet NOx BACT for the percentage of non -motorcoach propulsion engines in the fleet as set forth in Table 2. By January 1 of each compliance year, motorcoaches in the fleet must meet MC NOx BACT for the percentage of motorcoach engines in the fleet as set fo rth in Table 2. (3) If the calculated number of engines in each model year group required to be brought into compliance with the BACT perc entage limits is not equal to a whole number, the owner shall round up to a whol e number when the fractional part of31 the required number of engines is equal to or greater than 0.5, and round down if less than 0.5.

Table 2: Percent of Total Fleet That Must Comply with PM and NOx BACT

Compliance

Deadline as of January 1 Percent of Total Fleet Complying with BACT Percent of Total Motorcoach Fleet

Complying with BACT PM BACT NOx BACT MC NOx BACT 2011 25% NA NA 2012 50% NA NA 2013 75% 25% NA 2014 100% 50% NA 2015 100% 50% NA 2016 100% 60% NA 2017 100% 80% 50% 2018 100% 80% 50% 2019 100% 80% 50% 2020 100% 90% 50% 2021 100% 90% 90% 2022 100% 90% 90% 2023 100% 100% 100%

(h) Fleet Averaging Option (1) A fleet owner who elects to be subjec t to provisions of section 2025(h) for compliance with the fleet average requirement for PM, NOx, or both must comply with the applicable fleet averaging requi rements of sections 2025(h)(2) and (3) below and the reporting requirements of section 2025(r). (2) NOx Fleet Average. (A) A fleet owner must demonstrate that on January 1 of each compliance year, starting in 2013 and ending on January 1, 2023, the calculated NOx Index of the applicable portion of the fleet wa s less than or equal to the calculated NOx Target Rate. NOx exempt vehicles, as defi ned in section 2025(d)(56)need not be included in the calculation of the NO x Index or the NOx fleet average for those years that the v ehicle is exempt. (B) NOx Index : The following equation is to be used to calculate the NOx Index.



### ts requiremen NOx the to subject vehicles of number Total EF of Sum EF of Sum EF of Sum Index NOx MC MHD HHD ) ( ) ( ) ( 

###  

32 Where:

EF (HHD) = The NOx emission factor as spec ified in Appendix A for each heavy heavy-duty (HHD) vehicle subject to the NOx requirements, including motorcoaches, or adjusted as applicable according to paragraphs 1. and 2. below.

EF (MHD) = The NOx emission factor as defin ed in Appendix A for each medium heavy-duty (MHD) vehicle subject to the NOx requirements, or adjusted as applicable, according to paragraphs 1. and 2. below. 1. Except for 2010 model year NOx emissions equi valent engines, for propulsion engines that have been retr ofitted with VDECS, the NOx emission factor is reduced bythe percentage NOx emission reductions that are verified. 2010 model year NOx emissions equivalent engines shall use the em issions factor for 2010 and newer engines in Table A-2 in Appendix A. 2. The fleet owner may exclude 20 10 model year engines equipped with a diesel particulate filter (DPF) fr om the fleet average calculation for any compliance year, and may ex clude 2007 model year engines equipped with a DPF from the fl eet average calculation until January 1, 2017.

(C) NOx Target Rate : The following equation is to be used to calculate the NOx Target Rate.

Where: Target (HHD) = The NOx target from Table 3 for each HHD vehicle subject to the NOx requirements. Target (MHD) = The NOx target from Table 3 fo r each MHD vehicle subject to the NOx requirements. Target (MC) = The NOx target from Table 3 fo r each MC vehicle subject to the NOx requirements. Total number of vehicles subject to the NOx requirements Sum of Target NOx Target Rate  

 Sum of Target (MHD) (HHD) (MC) Sum of Target33 Table 3: Fleet NOx Targets to be Used to Calculate NOx Target Rates (g/mile)

Compliance Deadline, as of January1 Fleet NOx Targets for each compliance deadline MHD HHD MC 2013 8.5 14.4 N/A 2014 5.8 9.8 N/A 2015 5.8 9.8 N/A 2016 4.6 7.8 N/A 2017 4.0 6.0 9.8 2018 4.0 6.0 9.8 2019 4.0 6.0 9.8 2020 3.2 4.4 9.8 2021 3.2 4.4 4.4 2022 1.6 3.0 3.0 2023 0.8 1.6 1.6

(3) PM Fleet Average

. (A) A fleet owner must demonstrate that on January 1 of each year starting in 2011 and ending on January 1, 2023, the PM Index of the applicable portion of the fleet was less than or equal to the calc ulated PM Target Rate. (B) PM Index . The following equation is to be us ed to calculate the PM Index:

Where:

PMEF (HHD) = The PM emission factor (g/mile ) as specified in Appendix A for each heavy heavy-duty (HHD) vehicle, including motorcoaches, or adjusted according to paragraph 1. below, as applicable.

PMEF (MHD) = The PM emission factor (g/mile ) as specified in Appendix A for each medium heavy-duty (MHD) vehicle or adjusted as applicable according to paragraph 1. below. 1. For a propulsion engine that has been retrofitted with a VDECS, the PM Emission Factor is reduced 50 per cent for a level 2 VDECS, and 85 percent for a level 3 VDECS; the PM Emission Factor is not reduced for a level 1 VDECS (C) PM Target Rate : The following equation is to be used to calculate the requireme nt averaging fleet PM the o subject vehicles of number Total PMEF of Sum PMEF of Sum Index PM MHD HHD ) ( ) ( 

34 PM Target Rate

Where: PMTarget (HHD) = The PM target (g/mile) from Table 4 for each HHD vehicle subject to the PM fleet aver aging requirements. PMTarget (MHD) = The PM target (g/mile) from Table 4 for each MHD vehicle subject to the PM fleet av eraging requirements.

Table 4: Fleet PM Targets to be Used to Calculate PM Target Rates (g/mile)

Compliance Deadline, as of January 1 Fleet PM Targets for each compliance deadline MHD HHD 2011 0.38 0.710 2012 0.29 0.530 2013 0.17 0.320 2014 0.06 0.110 2015 0.06 0.110 2016 0.06 0.110 2017 0.06 0.110 2018 0.06 0.110 2019 0.06 0.110 2020 0.06 0.110 2021 0.06 0.110 2022 0.06 0.110 2023 0.06 0.110

(i) Optional Requirements for Small Fleets (1) For any compliance deadline, sm all fleet owners may comply with the requirements of section 2025(e)(1) , which includes the requirement to comply with BACT in section 2025( f), the BACT percentage limits of 2025(g), or the fleet averaging option of 2025(h), or by complying with following optional compliance requirements.

(2) Small fleets must comply with the general requirements of section 2025(e) except that in lieu of the requirement s of sections 2025(e)(1), the owner of a small fleet may comply by having the following: (A) Fleets with One Vehicle Sum of PM Target PM Target Rate  

 Sum of PM Target (MHD) (HHD) Total number of vehicles subject to the PM fleet averaging requirement35 Beginning January 1, 2014, a fleet c onsisting of one vehicle must have that vehicle equipped with a 2004- 2006 model year NOx emissions equivalent or newer engine that has the highest level VDECS for reducing PM emissions installed. By January 1, 2019, the vehicle must meet the requirements of BACT in section 2025(f).

(B) Fleets with Two Vehicles Fleets with two vehicles may meet the requirements of 1. or 2. below. 1. a. Beginning January 1, 2014, t he fleet must have one vehicle equipped with a 2004-2006 mode l year NOx emissions equivalent or newer engine that has the highest level VDECS for reducing PM emissions installed and the second vehicle in the fleet must meet the requi rements of BACT in section 2025(f); and b. By January 1, 2019, the 2004-2006 model year vehicle identified in a. above must meet the requirements of BACT in section 2025(f). 2. a. Beginning January 1, 2014 t he fleet must have one vehicle equipped with a 2010 NOx emissi ons equivalent or newer engine and the second vehicle e quipped with the highest level VDECS for reducing PM emissions; and b. By January 1, 2017, the se cond vehicle must meet the requirements of BACT in section 2025(f). (C) Fleets with Three Vehicles Fleets with three vehicles may meet t he requirements of 1., 2., or 3. 2. below. 1. a. Beginning January 1, 2014, t he fleet must have one vehicle equipped with a 2004-2006 mode l year NOx emissions equivalent or newer engine that has the highest level VDECS for reducing PM emissions installed and the other two vehicles in the fleet must m eet the requirements of BACT in section 2025(f); b. Beginning January 1, 2019, all th ree vehicles in the fleet must be in compliance with the requi rements of se ction 2025(e). 2. a. Beginning January 1, 2014, th e fleet must have one vehicle equipped with a 2010 model year emissions equivalent or newer engine, and a second vehicle equipped with a 2004- 2006 model year NOx emissions equivalent or newer engine that has the highest level VDEC S for reducing PM emissions; the third vehicle is exempt the requirements of sections 2025(f), (g), or (h) until January 1, 2016 when it must meet the requirements of BACT in sect ion 2025(f).from the PM and NOx requirements.36 b. Beginning January 1, 2019, all th ree vehicles in the fleet must be in compliance with the requi rements of se ction 2025(e).

(k)(j) Requirements for SchoolbusesSchool Buses This section applies to diesel-fueled school buses as defined in section 2025(d)(53)(52) with a GVWR greater than 26,000 14,000 lbs Except school buses with a GVWR greater than 14,000 lbs manuf actured before April 1, 1977, school buses less than 26,001 lbs are exempt from the r equirements of section 2025(k). (1) Phase-in Requirements for School Bu ses with a GVWR greater than 26,000 lbs

Fleets with school buses manufactured on or after April 1, 1977, with a GVWR greater than 26,000 lbs, must complywith PM BACT as defined in section 2025(d)(47)(48), pursuant to the schedule set forth in Table 45 below.

Table 45: Compliance Schedule for School Buses with a GVWR greater than 26,000 lbs

Compliance Deadline, as of January 1 Percent of Fleet Complying with PM BACT 2012 33% 2013 66% 2014 100%

(2) ReliefCredit for School Bu s Fleets that have Downsized (A) Until January 1, 2014, a fleet hav ing fewer school buses, with a GVWR greater than 14,000 lbs, on January 1 of the compliance year than it had in the 2006 baseline year may reduce the per cent requirement in Table 45 by the same percentage that the fleet has downsized. For example, a fleet that is 20 percent smaller than it was in 2006 would subtract 20 percent from the annual compliance requirement. If the compliance requirement for the year is 33 percent, the fleet would need to demonstrate that it had PM filters on the 13 percent of the existing fleet (33%-20%=13%). (B) The credits are not transferrable ex cept with appropriate documentation of a change of business form such as sole proprietorship to partnership or partnership to corporati on, or for mergers or ac quisitions of the entire company and fleet. (3) Credits for Hybrid School Buses, Alter native Fueled School Buses, Electric School Buses, and School Buses with Pilot Ignition Engines Fleets with fuel efficient hybrid school buses, alternative fueled school buses, electric school buses, or school buses with pilot ignition engines with a GVWR greater than 14,000 lbs shall receive a cr edit to treat another school bus in the fleet as compliant until January 1, 2014. A school bus with a dual-fuel engine is37 not eligible. This credit is not availabl e for school buses that were purchased or retrofitted to comply with any other Californi a in-use regulation. This credit is not available if state funds wherewere used to partially or totally replace or retrofit any school bus unless allowed bythe guidelines of the pr ogram that funded the bus replacement or retrofit. (4) Credits for PM VDECS or Replacem ent School Buses between 14,001 and 26,000 lbs GVWR For each school bus in the fleet, with a GVWR greater than 14,000 and less than or equal to 26,000 lbs, equipped with a PM VDECS or an OEM diesel particulate filter that replaced an ol der bus, the fleet may treat another school bus with a GVWR greater than 26,000 lbs as compliant until January 1, 2014. (5)(4) Extension of Deadline fo r Unavailability of VDECS If a school bus engine cannot be equipped with the highest level VDECS for PM the school bus owner must: (A) Record and submit to the Executiv e Officer the information listed in section 2025(k)(5)(B) through (E) by January 31 of eachthe applicable compliance year through January 31, 2017. By Januar y 1, 2018, this extension expires and all school buses using this extens ion must be replaced with a vehicles that isare equipped with a 2010 model y ear emissions equivalent engine or with one that complies with the BACT compliance schedule (i.e., a 1998 model year engine or newer school bus equipped with the highest level VDECS for PM). (B) Describe the reasons that a compli ance extension is needed for each engine or engine-vehicle co mbination annually. (C) If during the warranty period, the VDECS would void the engine warranty, provide a statement from the engine manufacturer, or authorized engine dealer, or vehicle dealer that explai ns why the warranty would be voided. (D) If no verified VDECS is commerciallyavailable, provide a list of VDECS manufacturers that have been contac ted and the manufacturers’ responses to your requests to purchase a VDECS from them. (E) If a verified VDECS is commercially available, but the VDECS manufacturer or an authorized VDECS installer does not deem the VDECS to be technologically feasible for the school bus, provide a statement from the VDECS manufacturer or authorized VDECS installer. (6)(5) Low-use School Buses (A) School buses operating fewer than 1,000 miles during any compliance year are exempt from the Rrequirements of for School buses in section 2025(k), but fleet owners must comply with the record keeping requirements of section 2025(s)(3). Such vehicles must have a properly functioning odometer installed at all times.38 (B) A fleet owner of a school bus that exceeds 1,000 miles in any compliance year must immediately count the school bus as part of the fleet, bring the fleet into compliance with the requirem ents of section 2025(k) in the current compliance year, and notify the Executiv e Officer of the change in status within 30 days of exceeding the mileage limit. (7)(6) Any school bus, with a GVWR greate r than 14,000 lbs, manufactured before April 1, 1977, must be retired from service no later than January 1, 2012

. (8)(7) Title 13, CCR section 1272(c) requires that a schoolbus that has been retrofitted with a VDECS must receive a safety in spection from an aut horized employee of the department of the Ca lifornia Highway Patrol, prior to its return to service. (9)(8) School buses that were equipped on or before December 31, 2005, with a Level 2 VDECS, which was highest level VDECS at the time of installation, are considered in compliance with PM BACT. (10)(9) Section 2025(c)(10) exempts school buses m eeting the definition in section 2025(d)(36) of a historic vehicle. (11)(10) Owners of school buses are subjec t to the record keep ing requirements in section 2025(s)(3). (12)(11) Owners of school buses are s ubject to the applicable requirements of sections 2025(t) through 2025(z). (13)(12) Owners of school buses have the opt ion to delay the requirement to meet PM BACT for 1988-1993 model year engine school buses until January 1, 2014. Beginning with the applicable effective dat es set forth below, a schoolbus fleet, as defined in section 2025(d)(34)(D), and a schoolbus sub-fleet as defined in section 2025(d)(34)(E) must comply with the following requirements of this regulation:. Schoolbuses within a schoolbus fleet or a school bus sub-fleet are exempt from meeting NOx BACT in section 2025(f) , (g) and NOx fleet averagi ng in section 2025(h). (1) Any schoolbus manufactured before April 1, 1977, must be retired from service no later than January 1, 2012. (2) Each schoolbus fleet or schoolbus sub- fleet must comply with the best available control technology (BACT) requirements of section 2025(j)(4) or the PM BACT percentage limit requirement s of 2025(g) or the PM fl eet averaging option of 2025(h)(3). (3) By January 1, 2014, all diesel-fueled schoolbuses shall be retrofitted with the highest level VDECS available. Engines equi pped with a diesel part iculate filter by the engine manufacturer as original equipm ent are considered in compliance with this requirement. (4) Each schoolbus fleet or schoolbus sub- fleet owner who chooses the BACT option must meet the PM BACT as defined in section 2025(d)(62) according to the compliance schedule shown in Table 5. (5) If a schoolbus engine cannot be retrofitted with highest level VDECS for PM then the engine shall be replaced wi th an engine that can be retr ofitted with the highest39 level VDECS by January 1, 2018, subj ect to meeting the annual extension requirements of section 2025(p)(11). The schoolbus must be included in the compliance method calculation described in section 2025(j)(2) and the reporting and record requirements in section 2025(j)(9). (6) After a schoolbus has been retrofitted wit h a VDECS, it must receive a safety inspection from an authorized employee of the department of the California Highway Patrol, as required by title 13, California Code of Regulations (CCR) section 1272(c), prior to its return to service.

Table 5: Best Available Control Technol ogy Compliance Schedule for Schoolbus Fleets

Compliance Deadline, As of January 1 Engine Model Years

2011 2000 and newer 2012 1994 – 1999 2013 1987 – 1993 2014 Pre-1987

(7) Special Provisions for Schoolbuses (A) An owner of a schoolbus fleet or schoolbus sub-fleet may be granted credit for hybrid schoolbuses or alte rnative fuel schoolbuses according to the provisions of sections 2025(p)(8) and (9), respectively. (B) Low-use Schoolbuses

1. Schoolbuses that meet the defin ition of a low-use schoolbus are exempt from the requi rements of section 202 5(j)(2) but the owner must keep records and meet the repor ting requirements in accordance with sections 2025(j)(9) and 2025(s)(4). 2. Low-use schoolbuses need not be included when determining compliance with the BACT percent limit s of section 2025(g) or when calculating PM fleet average indice s or target rate s for the fleet averaging option of se ction 2025(h)(3).

3. Schoolbuses that form erly met the low-use sc hoolbus definition, but for which mileage subsequently incr eases to 1,000 miles or greater, must immediately meet the requi rements of Table 5 above or section 2025(g) or (h) as requi red for the immediately preceding compliance deadline. (C) Schoolbuses that were retrofitt ed on or before December 31, 2005 with a level 2 VDECS, which was highest level VDECS at the time of installation, are considered in compliance with PM BACT. (8) Schoolbuses registered as historic vehi cles, as defined in section 2025(d)(41) are not subject to the regulation. (9) Reporting Requirements for Schoolbus Fleets and Schoolbus Sub-Fleets40 The owner of a schoolbus fleet or a schoolbu s sub-fleet is subject to the reporting requirements in section 2025(r)(14) if complying with the PM BACT percentage limit requirements of 2025(g) or the PM fleet averagi ng option of 2025(h)(3) or any of the special provisions in section 2025(p). (10) Schoolbus fleets and schoolbus sub-fl eets are subject to the applicable requirements of sections 2025(t) through (z).

(l) Requirements for Drayage Trucks and Utility Vehicles (1)(A) Drayage trucks that are subject to the Drayage Truck regulation may be included in the fleet for purposes of determining compliance complying with the PM BACT requirements of the phase-in option in sect ion 2025(i)(e) only if all drayage trucks in the fleet are included. Fleets must include all dr ayage trucks when complying with the phase-in option for lar ge fleets of section 2025(i). (2)(B) Starting January 1, 20172023, all dray age truck owners must comply with the requirements of section 2025(e). (3)(C) Drayage trucks may not be used to earn additional utilize any of the credits in section 2025(j) or exemptions and extensions in section 2025(p). (4)(D) Starting January 1, 2021, all private ut ility vehicle owners must comply with the requirements of section 2025(e).

(k) Retired Vehicle Credit (1) Until January 1, 2014, a fleet may obt ain credit equivalent to one 2010 engine for purposes of determining BACT in section 2025(g) or for calculating the PM and NOx indices and target rates in 2025(h). An y fleet utilizing the retirement credit provision must comply with the r eporting requirements of section 2025(r) beginning March 31, 2010,by January 31, 2012, and report information for all vehicles in the 2008 baseline fleet. (2) For purposes of calculating the BACT percentage limits in se ction 2025(g) credit will be given equal to a 2010 model year en gine for each vehicle retired, that reduces the number of vehicles in the fleet compared to the baseline fleet as defined in section 2025(d)(3). (3) For purposes of calculating the PM and NOx indices and tar get rates in fleet averaging 2025(h) the fleet sha ll use the following approach: (A) If the number of MHD v ehicles in the fleet has declined then the emissions factor used shall be the same as a 2010 model year engine emissions factor for each MHD vehicle retired up to the total number of vehicles reduced from the 2008 baseline fleet. (B) If the number of HHD vehicles in t he fleet has declined then the emissions factor used shall be the same as a 2010 model year engine emissions factor for each HHD vehicle retired up to the total number of vehicles reduced from the 2008 baseline fleet.41 (4) Retirement credits will be retained upon appropriate documentation of a change of business form such as sole proprietorshi p to partnership orpartnership to corporation, but not for mergers, acquisitions, sales or purchases.

(l) Requirements for Motorcoaches

Motorcoaches are exempt from meeting NOx BACT in sectio ns 2025(f) or (g), or the NOx fleet averaging in section 2025(h) until January 1, 2017. Beginning January 1, 2017, fleets with motorcoaches co mplying with the BACT percentage limits of section 2025(g) or the fleet averaging re quirements of section 2025(h), would include the MC NOx BACT emissions factor from Table 2 and the MC NOx target value from Table 3 when calculating the NOx target rate and fleet av erage NOx emissions for the fleet.

(m) Requirements for Agricultural Fleets Beginning January 1, 2011, agric ultural vehicles shall be ex empt from the requirements of sections 2025(f) and, 2025(g), 2025(h) or 2025(i) if they meet the defin ition of an agricultural vehicle and remain below t he applicable mileage limits for the period specified. Vehicles meeting the specia lty vehicle definition would have no mileage restrictions. Fleets must co mply with the reporting and reco rd keeping requirements of sections 2025(r) and 2025(s). (1) Beginning January 1, 2011 through Januar y 1, 2017, any vehicle meeting the definition of an agricultural vehicle, as defined in section 2025(d)(5), that remains below the annual mileage limits in T able 56 below are exempt from the requirements of section 2025(f) and (g).

Table 56: Agricultural Vehicle Mileage Limits

Engine Model Year Mileage Limits

1995 and earlier 15,000 miles

1996-2005 20,000 miles

2006 or newer 25,000 miles

(2) Agricultural vehicles that have not ex ceeded 10,000 miles per year in a calendar year between January 1, 2011 and January 1, 2017, shall continue to be exempt from the requirements of 2025(f) and (g) until January 1, 2023, so long as thethey do not exceed 10,000 miles in a cal endar yearlimit is not exceeded. (3) BeginningBy January 1, 2017, all agricul tural vehicles that have exceeded 10,000 miles in any calendar year since January 1, 2011, must comply witwith the best available control technology (BACT) r equirements of sectio n 2025(f) and (g). (4) Specialty agricultural vehi cles, as defined in section 20 25(d)(53), are exempt from the requirements of sections 2025(f) and (g) until January 1, 2023 regardless of annual miles traveled.42 (4) (5) A qualifying agricultural vehicle must be operational, functional, able to start without assistance, and be able to move under its own power. Vehicles that are being used for parts do not qualify as an agr icultural vehicle subject to section 2025(m). (6) Agricultural fleet owners utilizing the agricultural provisions of section 2025(m) must report and comply with the requi rements of section 2025(r) and 2025(s). (5)(7) Within 30 days of replacing a qualifyi ng agricultural or specialty agricultural vehicle, the agricultural fleet owner must report the required in formation in section 2025(r)(14)(I). (6)(8) The maximum number of qualifying agricultural vehicles in a fleet shall be established by the number of agricul tural vehicles in the fleet as of January 1, 2009, as report ed in section 2025(r)(14). This number shall not increase from one year to the next. (7)(9) An agricultural vehicle may be repl aced by another vehicle so long as the replacement vehicle is equipped with an engine that is at least one model year newer than the engine in the vehicle that it replaced an d, and provided the original vehicle is scrapped, rendered ino perable, sold out of the ag ricultural fleet, or will no longer meets the defin ition of an agricultural or spec ialty agricultural vehicle. The replacement vehicle must be reported within twelve months of the vehicle being replaced or by January 31 of following compliance year whichever is longer. This requirement does not apply if just the engine is being replaced and not the entire vehicle. entore vehilce. (8)(7) When a qualifying agricultural vehicle is replaced, the sum of the miles accrued on the original vehicle in t hat calendar year, up to the ti me of replacement, plus the mileage accrued on the replacem ent vehicle for the remai nder of the calendar year (beginning with the date of replacement) must remain below the mileage thresholds based on the model year of t he engine in the replacement vehicle. (9)(8) A merger of two or more agricultural fleets may not result in more agricultural vehicles after the merger occurs than the sum of the agricultural vehicles in the individual agricultural fleet s included in the merger. (10) The agricultural vehicle exemptions are not transferr able except with appropriate documentation of a change of business form approved by the Executive Officer such as sole proprietorship to partnership , partnership to cor poration, mergers or acquisitions of the entire co mpany and fleet of vehicles, or for changes such as from estate tax or inheritance tax planning. (9) Beginning January 1, 2017, a ll agricultural vehicles that have exceed 10,000 miles in any calendar since January 1, 2011, must comply with the best available control technology (BACT) requirement s of section 2025(f) and (g). (1) Beginning January 1, 2011, vehicles m eeting the definitions of limited-mileage agricultural vehicles, or low-mileage agricul tural vehicles, shall be exempt from the requirements of sections 2025(f), (g), and (h) for the periods specified in the definitions, provided that such vehicles meet the conditions set forth below. Provisions for specialty agricultural vehi cles, as defined in section 2025(d)(69)(74),43 are provided below. To qualify for any of these provisions, such vehicles must be operational and functional, including being ab le to start without assistance and able to move under its own power. Vehicl es that are being used for parts are not included in these provisions. (2) For all other vehicles in the agricul tural fleet, beginning January 1, 2011, the fleet owner must comply with the best av ailable control technology (BACT) requirements of section 2025(f), the BACT percentage limits of section 2025(g) or the fleet average requirem ents of section 2025(h). (3) Agricultural fleet owners utilizing the agricultural provisions of section 2025(m) must report and comply with the requirem ents of section 2025(r) and 2025(s) for all vehicles subject to this regulati on for each compliance year, regardless of whether the vehicle is an agr icultural vehicle or not. (4) Within 30 days of replacing a low-mileage, limited-mileage, or specialty agricultural vehicle, the agricultural fleet owner must report the required information in section 2025(r)(15)(J). (5) All vehicles must comply with the r equirements of section 2025(e) for the next compliance date upon it being discovered that any vehicle in the agricultural fleet does not comply with any of the requirement s of this agricultural fleet provision. (6) Requirements for limited-m ileage agricultural vehicles (A) The maximum number of limited-mil eage agricultural vehicles in any agricultural fleet shall be established by the number of limited-mileage vehicles in the agricultural fleet as of January 1, 2009, as reported in section 2025(r)(15). This number shall not increase. (B) A limited-mileage agricultural vehicl e may be replaced by another vehicle so long as the replacement vehicle is equipped with an engine that is at least one model year newer than the engine in the vehicle it replaced, and provided the original vehicle is scrapped, rendered inoperable, replaces a low-mileage agricultural vehicle acco rding to section 2025(m)(7)(C), or is sold out of the agricultural fleet. This requirement does not apply to engine replacements. (C) When a limited-mileage agricultural vehi cle is replaced, the sum of the miles accrued on the original vehicle in t hat calendar year, up to the time of replacement, plus the mileage accrued on the replacement vehicle for the remainder of the calendar year (beginn ing with the date of replacement) must remain below the mileage thresholds established in section 2025(d)(44) based on the model year of the engi ne in the replacement vehicle. (D) Beginning January 1, 2017, all limited -mileage agricultural vehicles that do not meet the definit ion of a low-mileage agricultu ral vehicle as defined in section 2025(d)(45) must comply with the best available control technology (BACT) requirements of section 2025(f) or the fleet average requirements of section 2025(h).44 (E) A vehicle that formerly met the limit ed-mileage agricultural vehicle definition, but whose use increases above the m ileage thresholds established in section 2025(d)(44) based on the model year of the engine, must immediately meet the r equirements of section 2025(f) or (h) for the immediately preceding compliance deadline. 1. In addition, the vehicle may not be replaced and the number of limitedmileage agricultural vehicles in the agricultural fleet, as established in section 2025(m)(6)(A) above, shall be reduced by one. (F) A merger of two or more agricultura l fleets having designated limited mileage vehicles may not result in more desi gnated limited mileage vehicles after the merger occurs than the su m of the total limited mil eage vehicles from each individual agricultural fleet included in the merger. (7) Requirements for low-mil eage agricultural vehicles (A) The maximum number of low-mileage agricultural vehicles in each agricultural fleet shall be established by the number of low-mileage vehicles in the agricultural fleet as of Janu ary 1, 2009, as reported in section 2025(r)(15). This number shall not increase. (B) A low-mileage agricultural vehicle may be replaced with another vehicle if the replacement vehicle is equipped with an engine that is at least one model year newer than the engine in the vehi cle being replaced, and provided the original vehicle is scrapped, rendered inoperable, or sold out of the agricultural fleet. This requirement does apply to engine replacements. (C) When a low-mileage agricultural vehicl e is replaced, the sum of the miles accrued on the original vehicle in t hat calendar year, up to the time of replacement, plus the mileage accrued on the replacement vehicle for the remainder of the calendar year (beginn ing with the date of replacement) must remain below the mileage threshold established in section 2025(d)(45). (D) Beginning January 1, 2023, all low-mileage agricultural vehicles must comply with the best available control te chnology (BACT) requirements of section 2025(f). (E) Irrespective of section 2025(m)(7)(A) a vehicle that formerly met the lowmileage agricultural vehicle definition, but whose use increases above the mileage thresholds established in sect ion 2025(d)(45), must immediately meet the requirements of section 2025(f) or (h) for the immediately preceding compliance deadline. The vehicle may not be replaced in the future with a substitute low-mileage agricultural v ehicle, and the number of low-mileage agricultural vehicles in the agricultu ral fleet, as established in section 2025(m)(7)(A) above, shall be reduced by one. (F) A merger of two or more agricul tural fleets having designated low-mileage vehicles may not result in more de signated low-mileage vehicles after the merger occurs than the sum of the total low-mileage vehicles from each individual agricultural fleet included in the merger.45 (G) Until January 1, 2017, an agricultural fl eet owner may change the status of a low-mileage vehicle to a limited-m ileage vehicle provided the vehicle continues to meet the definition of a limited-m ileage vehicle. The lowmileage vehicle may not be replaced and the number of low-mileage agricultural vehicles in the agricultu ral fleet, as established in section 2025(m)(7)(A) above, shall be reduced by one (8) (10)(11) Requirements for s pecialty agricultural vehicles (A) Specialty agricultural vehicles, as def ined in section 2025(d)(69)(53)(54) , are exempt from the requirem ents of sections 2025(f) , and 2025(g), 2025(h) and 2025(i),, (g), and (h) until January 1, 2023. (B) The Executive Officer will approve a v ehicle as qualifying as a specialty agricultural vehicle under the following conditions: 1. The total number of specialty agricul tural vehicles operating in the San Joaquin Valley Air Basin does not exceed 1,100, and 2. The total number of specialty agricul tural vehicles in the state does not exceed 2,200. (C) If more vehicles are reported than allo wed by the limits, t he Executive Officer will randomly approve one vehicle per e ligible fleet until all fleets have one approved vehicle, then randomly approve another vehicle for the remaining eligible fleets until they all have one more vehicle approved. Vehicles will continue to be approved in this m anner until the limits have been met. Vehicles reported by Marc h 31, 2010 will be given pr iority should the limits identified in section 2025(m)( 11)(B) above be exceeded. (D) All vehicles with the body types descr ibed in section 2025(d)(69) (53)(54) that have not been approved must meet the requirements of section 2025(e) or the agricultural provisions of section 2025(m). 1. In such an instance, the agricultura l fleet operator shall be notified in writing by the Executive Officer that the reported vehicle is not eligible as a specialty agricultural vehicle. (E) A fleet that replaces an agricultura l specialty vehicle w ill not affect the number of approved specialty vehicles in the fleet so long as the replacement vehicle meets the specialty vehi cle body type and use requirements. (11)(12) Optional Phase in for Log Trucks Beginning January 1, 2012, fl eets with log trucks as defined in section 2025(d)(39) may opt to have the log trucks in the fleet comply by meeting all of the requirements as set forth below in lieu of meeting the requirements in sections 2025(g) or 2025(i) . and may not use a different compliance option for the fleet of log trucks identified as utilizing this option. (A) Fleet owners may phase in 2010 m odel year emission equivalent engines according to the compliance schedule shown in Table 67.46 (B) If the calculated number of engines in each model year group required to be brought into compliance with the percent age limits is not equal to a whole number, the owner shall round up to a w hole number when the fractional part of the required number of engines is equal to or greater t han 0.5, and round down if less than 0.5. (C) The number of log trucks and qualifyi ng agricultural vehicles cannot exceed the number of vehicles in the fleet as of January 1, 2009. (D) The total number of qualifying log tr ucks cannot increase from one year to the next. (E) Fleets utilizing the optional phase-in fo r log truck provision must comply with the reporting requirements of section 2025(r) for all log trucks. (F) Qualifying log trucks may not utilize any of the credits of section 2025(j) or any of the extensions or ex emptions of section 2025(p). (G) The remaining vehicles in the fleet other than log trucks, must comply with the requirements of section 2025(e).

Table 67: Compliance Schedule for Report ed Percent of Log Trucks that Must have 2010 Model Year Emissions Equivalent

Compliance

Deadline as of January 1 Percent of Total Fleet Complying with 2010 Model Year Emissions Equivalent Engines BACT 2011 0% 2012 0% 2013 0% 2014 10% 2015 20% 2016 30% 2017 40% 2018 50% 2019 60% 2020 70% 2021 80% 2022 90% 2023 100%

(9) (12)(13) Labeling Requirements for Ag ricultural Vehicles and Log Trucks (A) Within 30 days of the reporting date, fleet owners must permanently affix or paint an AG identification label on each vehicle that utilizes the agricultural47 provision or the log truck phase-in opt ion of section 2025(m) low-mileage, limited-mileage, and specialt y agricultural vehicle, and log truck reported in the fleet according to the following specification:

1. The letters AG shall be white bl ock lettering on a black background. Both letters shall be at least three in ches high on a five by eight inch background,

2. The label shall be located in clear view on the left and right door of the vehicle and be in clear view at all times.

(n) Requirements for Single-Engine and Two-Engine Sweepers (1) Two-engine sweepers with auxiliary engine s 50 hp or greater must comply with section 2025(e). The propul sion engine is required to meet PM BACT and to upgrade to a 2010 model year emissions e quivalent engine. like other vehicles, and the auxiliary engines must m eet PM BACT as follows: (A) The auxiliary engine is required to meet PM BACT when the propulsion engine is first required to meet PM BACT or to be upgraded to a 2010 model year emissions equivalent. The auxil iary engine is not required to be replaced or upgraded if it meets PM BACT. (1) Two-engine sweepers must comply with section 2025(e) and mu st meet PM BACT on the auxiliary engine, 50 hp or greater, when the propulsion engine is required to meet PM BACT according to the compliance option chosen under section 2025(f), section 2025(g) or 2025(h). (2) Regardless of fleet size, two-engine sweepe rs may not operate any Tier 0 auxiliary engine, 50 hp or greater, more than 450 hou rs per year starting January 1, 2010 until January 1, 2014 and no more t han100 hours per year thereafter. (3) Labeling Requirements for Two-Engine Sw eepers with Tier 0 Auxiliary Engines (A) Within 30 days of the reporting date, fleet owners must permanently affix or paint an SW identification label on each two engine sweeper that has a Tier 0 auxiliary engine in the fleet if using BACT percentage limits or fleet averaging upon reporting according to t he following specification:

1. The letters SW shall be white bl ock lettering on a black background. Both letters shall be at least three in ches high on a five by eight inch background.; and

2. The label shall be located on the left and right door of the vehicle and be in clear view at all times. (4) For purposes of determining the downsizin g credit of section 2025(j)(1), fleets with street sweepers may also include all sing le-engine and two-engi ne street sweepers with a GVWR from 14,001 lbs to 26,000 lb s in the 2006 baseline fleet and in the fleet for the compliance year. To use this option the fleet must meet the same reporting and record keeping requirements fo r these lighter street sweepers as is required for heavier vehicles.48 (o) Requirements for a New Fleet and Adding V ehicles to a FleetChanges in Status of an Existing Fleet (1) New Fleet Requirements . Owners of new fleets mustmeet the requirements of section 2025(e) immediately upon purchasing vehicles subj ect to the regulation or bringing such vehicles into the State of California for th e first time after January 1, 2011January 1, 2012. New fleets meeting the requirements of sections 2025(h) or 2025(i) 2025(g) or (h) must report vehicles subject to the regulation to ARB within 30 days of purchasing or bringi ng such vehicles into the State, in accordance with the requirements in section 2025(r). (2) Changes in Status of an Existing Fleet (A) Adding Vehicles to an Existing Fleet. If a fleet does not meet the BACT requirements of section 2025(f), before Unless the vehicle is a 2007 model year or newer engine t hat meets PM BACT, Befo re a the fleet may not operate a newly added vehicle in servic e, or operate a vehicle that was previously reported as non-operational, in California, it unless the fleet as newly constituted complies with the r equirements of sect ion 2025(e). The fleet must within 30 days of adding the v ehicle, within 30 days of adding the vehicle, file a report wit h the Executive Officer that it has added a new vehicle, and the Executive Officer s hall approve the vehicle for service operation upon the fleet dem onstrating demonstrate that the fleet, as newly constituted, complies with the requirem ents of sections 2025(o)(2)(A), (B), and (C) below. The fleet shall file t he report to the Executive Officer within 30 days of adding the vehicl e. If the vehicle added can comply by meeting PM BACT, the vehicle may be operated within 30 days of adding the vehicle to the fleet, solely prior to receiv ing Executive Officer approval for the purpose of having the vehicle’s exhaust temperature data logged. (B) Removing Vehicles from an Existing Fleet . If an existing fleet owner meets the requirements of the co mpliance options other than that of does not meet the requirements of sect ion 2025(f) or 2025(g) when a vehicle is removed from the fleet, it must file a report with the Executive Officer that it has removed a vehicle and demonstrate that the fleet, as newly constituted, will comply with the requirements of se ctions 2025(o)(2)(C)1 and 2 within 30 days of removal of the vehicle. (C) Compliance Requirements for an Exis ting Fleet that has Changed Status (A)1. A fleet owner who elects to ut ilize the phase-in option BACT percentage limits option of section 2025(g)(i) or uses the extensions, delays, and extensions of section 2025(p) may not add or remove vehicles that cause the percentage calculated fo r the fleet to fall below the percentage required for the previous compliance date. (B) A fleet owner who elects to utiliz e the fleet averaging requirements of section 2025(h) may not add vehicles that cause the fleet to exceed the fleet average target rates for the immediately preceding compliance deadline.49 (C)2. Until January 1, 2017, the The additi on of vehicles with 2007 or newer through 2009 model year engines t hat meet PM BACT need not be reported until the next compliance date unless;

1. a. the addition will cause a fleet to increase its size to greater than three vehicles or,a fleet with thre e or fewer vehicles changes to a fleet with four or more or, 2.b. a fleet is utilizing the reliefc redit for fleets that have downsized retired vehicle credit of section 2025(j)(1)(k)(i)(5). (D) The addition of vehicles with 2010 model year or newer engines that meet PM BACT need not be report ed until the next compliance date;

3. A fleet owner of a vehicle that formerly qualified for any of the compliance extensions or exempti ons granted in section 2025(p) but whose status has changed so that it no longer meet s the applicable definition, must immediately brin g the fleet into compliance with requirements of section 2025(e) for the immediately preceding compliance date, and must notify the Executive Officer of the change in status within 30 days from the date of the change.

(p) Exemptions, Delays, and Extensions Exemptions, Compliance Extensions, and Credits (1) Vehicles used Exclusiv ely in NOx Exempt Areas This section applies to vehicles that are used exclusively in NOx exempt areas as defined in section 2025(d)(46). The fleet owner must meet the record keeping requirements of section 2025(s) and meet the reporting requirements as specified below. (A) Any vehicle with a GVWR greater than 14, 000 lbs that is used exclusively in NOx exempt areas shall be exempt from meeting th e 2010 model year emissions equivalent requirements of se ction 2025(f) or 2025(g) if the vehicle meets PM BACT by the compliance dat e that the engine would otherwise be required to be upgraded to a 2010 model year emissions equivalent engine. 1. The fleet owner must report in formation about the vehicle to demonstrate the engine has met PM BACT as specified in section 2025(r) but does not need to report after t he initial reporting, as long as the vehicle continues to meet the requirements for t he exemption, and;

2. The fleet owner must either meet the electronic tracking and reporting requirements or the vehicle labeli ng requirements as specified in section 2025(p)(1)(C). (B) Until January 1, 2014, vehicles with a GVWR greater than 26,000 lbs that are used exclusively in NOx exempt areas shall be exempt from meeting the requirements of section 2025(g), 2025(h) or 2025(i) and must be brought into compliance with PM BACT from 2014 to 2016 as follows:50 1. The fleet of vehicles with a GV WR greater than 26, 000 lbs including vehicles that operate ex clusively in the NOx ex empt areas, except for low-use vehicles must m eet the following phase-in schedule set forth in Table 8 below. Rounding will be done by the same method as describe for the phase-in option of section 2025(i)(2).

Table 8: Compliance Schedule for NOx Exempt Area Fleets

Compliance Deadline, as of January 1 Percent of Fleet Complying with PM BACT 2014 33% 2015 66% 2016 100%

2. The fleet owner must meet t he reporting requirem ents of section 2025(r) to use this compliance exempt ion, and must either meet the electronic tracking and reporting r equirements or meet the vehicle labeling requirements as specified in section 2025(p)(1)(C) for any vehicle that uses the exemption,

3. The fleet owner must meet t he reporting requirem ents of section 2025(r) for all the vehicles in the fleet. 4. After the fleet owner reports compliance with PM BACT for every vehicle in the fleet, reporting is no longer required for the NOx exempt area vehicles. 5. Beginning January 1, 2020, all vehicles must comply with the requirements of section 2025(g) exc ept for vehicles that meet the requirements for an exemption as s pecified in section 2025(p)(1)(A) above. 6. Fleet owners may use the ext ension of section 2025(p)(9) for any vehicle that operates exclusively in the NOx exempt areas if the highest level VDECS is unavailable. (C) For each compliance year the exempt ions are used, the fleet owner must meet the electronic tracking and r eporting requirements of section 2025(r)(16)(A)2, or must label the vehicl e by permanently affixing or painting an identification label on the vehicle acco rding to the following specification:

1. The letters NE shall be white bl ock lettering on a black background. Both letters shall be at least three in ches high on a five by eight inch background.

2. The label shall be located on the le ft and right door of the vehicle and in clear view at all times. (D) Vehicles that use the NOx exempt ar eas exemptions may travel outside of the designated NOx exempt areas only fo r repairs or other services to the vehicle. The vehicle owner must obtain a work order from the facility that51 describes the service and it must s how the date of the service and the location of the facility. A fleet owner may be granted an ext ension to a compliance deadline if: (1) Exemption from Meeting NOx BACT . Upon providing documentation demonstrating compliance with the condi tions listed below in paragraphs (A) through (D), the Executive Officer will ex empt the vehicles identified in those paragraphs from meeting NOx BACT in sect ions 2025(f) or (g), or the NOx fleet average in section 2025(h). If an exemption is gr anted, all such vehicles affected will continue to be subject to meeting PM BACT in sections 2025(f) or (g), or the PM fleet average in section 2025(h) and the record keeping and reporting requirements of this regulation. (A) A vehicle that meets the definition of NOx mileage exempt vehicle, as defined in section 2025(d)(58) , prior to January 1, 2021. If an emergency support vehicle is us ed both for emergency operation as defined in section 2025(d)(27), and fo r other purposes, the owner does not need to consider the hours of operation or the mileage the vehicle accrues when used for emergency operations in a compliance year, in determining whether the vehicle meets the definition of a NOx m ileage exempt vehicle for that compliance year. (B) A vehicle that operates solely in t he NOx exempt areas defined in section (d)(55) prior to January 1, 2021. A NOx- exempt vehicle is allowed to travel outside of the NOx-exempt area only fo r repairs or other service to the vehicle. The vehicle owner must obtain a work order from the facility that describes the service and shows the date of the service and location of the facility. (C) Schoolbuses as defined in section 2025(d)(67). (D) Motorcoaches as defined in section 2025(d)(49) prior to January 1, 2017. (E) Early compliance action. If a fleet owner installs the highest level VDECS for PM on one or more vehicles before J anuary 1, 2010, the owner is exempt from the NOx BACT requirements of sections 2025(f), the NOx BACT percent limits of section 2025(g) and the NOx fleet averaging requirements of section 2025(h) until January 1, 2014 for each vehicle that has been retrofitted early. (2) Exemption for Cab-Over-Engine Truck Tractors . Upon providing documentation demonstrating compliance with the condi tions listed below in paragraphs (A) through (E), the Executive Of ficer will not require the type of vehicle listed in paragraph (A) to be replaced in order to meet the fleet’s NOx BACT prior to January 1, 2018, but the fleet owner will still be required to include the vehicle in the fleet if complying using the BACT per centage limits of section 2025(g) or the fleet averaging option of section 2025(h): (A) The vehicle is a truck-tractor wher e the cab sits over the engine on the chassis and it is used exclusiv ely to pull 57 foot trailers52 (B) The PM performance requirement for the vehicle has been met and, (C) The engine installed in the vehicl e is at least a 2004 model year NOx emissions equivalent and, (D) On the compliance date, all vehicles in the fleet that do not qualify for the exemption under this section have met the requirements of section 2025(e) and, (E) The law limiting the total length of a combination vehicle to 65 feet as described in section 35401(a) of the Ca lifornia Vehicle Code has not been amended prior to January 1, 2010 to in crease the length restriction. (1) Exemption for 1997 and Older Model Year Engines in Vehicles with a GVWR Greater than 26,000 lbs Operating Exclusively in NOx Exempt Areas Fleets having vehicles with a GVWR gr eater than 26,000 lbs with model year engines 1997 or older that operate exclus ively in the NOx exempt areas as defined in section(d)(45) may optionallyhave the vehicles meet PM BACT and upgrade to being 2010 model year emissi ons equivalent pursuant to the schedule set forth in Table 7 below. (A) If the option is selected, the vehicles will be subject to the electronic tracking reporting requirements of section 2025(r)( 16)(A)2, unless the fleet chooses to label the vehicles as described in sect ion 2025(p)(1)(B) below. Fleet owners utilizing this exemption must comply with the reporting and record keeping requirements of section 2025(r) and (s). No reporting is required for fleets that choose the labeling option unless su itable VDECS is not available. (B) Fleets using this exemption are allowe d to have the vehicles travel outside of the NOx exempt area only fo r repairs or other services to the vehicle. The vehicle owner must obtain a work order from the facility that describes the service and it must show the date of the service and the location of the facility. 1. Optional Labeling Requirements for Vehicles Operating Exclusively in the NOx Exempt Areas – Fleet owners el ecting this option must affix or paint an NE identification labe l on each vehicle that operates exclusively in the NOx exempt areas according to the following specification: a. The letters NE shall be white block lettering on a black background. Both letters shall be at least three inches high on a five by eight inch background.

b. The label shall be located in clearview on the left and right door of the vehicle and be in clear view at all times.

Table 7: NOx Exempt Area Compliance Schedule53 Compliance Deadline, as of January 1 Existing Engine Model Year BACT Requirements

2012 1998-2000

PM BACT 2013 2001-2004 2014 2005 and newer 2015 1993 and older 2016 1994-1995 2017 1996-1997 2021 2004 and older Replace with 2010 engine or equivalent emissions 2022 2005-2006 2023 All vehicles

(2) Extension for Low Mileage Construction Trucks Beginning January 1, 2012, fl eets with low-mileage constr uction trucks as defined in section 2025(d)(40) may opt to have a limited numberof low-mileage construction trucks in the fleet comply bymeeting all of the requirements as set forth below and do not need to include such vehicles in meeting the fleet requirements of sections 2025(g) through (i). (A) Beginning, January 1, 2012, up to ten low-mileage construction trucks in the fleet may use the extension. Fleets el ecting this option must meet the PM BACT requirements for the qualifyi ng low-mileage construction trucks pursuant to the schedule set forth in Table 9, and then comply with the requirements of section 2025(g) star ting January 1, 2020. Rounding will be done by the same method as describe for the phase-in option of section 2025(i)(2). (B) A one truck owner with a low-mileage construction truck must meet PM BACT by January 1, 2016. (C) If fewer than 9,000 trucks use the extension in 2012, then the Executive Officer will approve additional trucks fo r the extension by approving one additional extension per fleet owner in a series of rounds until 9,000 trucks have been identified as using the extension. A random selection process will be used to assign extensions that cannot be distributed equally among fleet

owners.

Table 9: Compliance Schedule for Fleets with Low-Mileage Construction Trucks

Compliance Deadline, as of January 1 Percent of Fleet Complying with PM BACT 2014 33% 2015 66% 2016 100%54 (D) Alternately, fleets that have low-mile age construction trucks and vehicles with a GVWR greater than 26,000 lbs that comply with section 2025(e) may demonstrate that the comb ined fleet meets the phase- in schedule of Table 9 and, if so, the low-mileage construction v ehicles in the fleet qualifying for the extension under sections 2025(p)(1)(A) and (C) above may delay having to comply with PM BACT until as late as 2016.

(E) Fleets may use the extension based on unavailability of highest level VDECS of section 2025(p)(9) for low-mileage construction trucks. (F) Fleet owners using this provision mu st comply with the reporting and record keeping requirements of sections 2025(r) and (s) beginning January 31, 2012. (G) Fleet owners using this provision mu st comply with the reporting and record keeping requirements of sections 2025(r) and (s) beginning January 31, 2012. (H) A low-mileage construction truck that has been approved for the extension may be replaced by another truck and cont inue to qualify for the extension if the replacement truck has a 1996 model year or newer engine, and the miles traveled after it is placed in service combined with the miles traveled by the original vehicle stays below the annual mileage threshold. The replacement vehicle must be placed in service withi n one year of removing the original vehicle from the fleet or by the next compliance date, whichever is longer. (I) Labeling Requirements for Low Mileage Construction Trucks 1. By January 31, 2012, fleet owners must affix or paint an identification label on up to ten low mileage construction trucks and within thirty days after notification that any additi onal trucks have been approved as follows: a. The letters CT shall be white block lettering on a black background. Both letters shall be at least three inches high on a five by eight inch background,

b. The label shall be located on t he left and right door of the vehicle and be in clear view at all times. (J) Low-mileage construction truck exempt ions are not transferrable except with appropriate documentation of a change of business form approved by the Executive Officer such as sole proprieto rship to partnership, partnership to corporation, mergers or acquisitions of the entire company and fleet of vehicles, or for changes such as from estate tax or inheritance tax planning.

(2)(3) Unique Vehicle Extension – Until January 1, 2017 theThe fleet owner may apply for, and the Executive Officer will grant, a single one year extension from the requirement to upgrade to a 2010 model y ear emissions equivalent engine in section 2025(f) and 2025(g) if by January 1, 2014, a VD ECS was not available for55 the engine and a used vehicle or suitable cab and chassis that performs a similar function with a 2010 emissions engine equival ent engine is not available 6 months prior to the 2010 emissions equivalent engine compliance date.and the highest level VDECS for PM has been installed. For the extension to be considered the fleet must apply for th e extension 4 months prior to the compliance date that the engine is required to upgrade to a 2010 model year emissions equivalent engine. (3) Provisions for Unique Vehicles . Upon providing documentation demonstrating that a vehicle meets the definition of a unique vehicle as defined in section 2025(d)(74), the Executive Offi cer will not require the vehicle to be replaced in order to meet NOx BACT pr ior to January 1, 2021, but the fleet owner will still be required to include the vehicle in the fleet if complying using the BACT percentage limits of section 2025(g) orthe fleet averaging option of section 2025(h). (4)(3)(4) Exemption for Low-Use Vehicles (A) Low-use vehicles as defined in se ction 2025(d)(41) are exempt from the requirements of section 2025(e)(1) but the owner must meet reporting and record keeping keep records and m eet the reporting requirements in accordance with sections 2025(r)(12) and 2025(s). 1. To be considered a low-use vehicle, the fleet owner must submit engine operation data from a properly f unctioning odometer or hubodometer and non-resettable hour-meter unless they have a three day pass.

2. A vehicle is also considered to be a lo w-use vehicle if it is not driven for the entire compliance year and either a planned non-operation certificate or a certificate of non- operation has been filed with the DMV or, an equivalent certificate has been f iled with another stat e prior to the beginning of the compliance year. T he vehicle must not be operated for any other purpose during the compliance year except to demonstrate functionality of the vehicl e to potential buyers, to move the vehicle short distances for maintenance, or to a storage facility while awaiting sale

3. Low-use vehicles need not be included when determining compliance with the small fleet compliance option of section 2025(h) or the phase-in options of sections 2025(h) and 2025(i). BACT percent limits of section 2025(g) or when calculat ing fleet average indices and target rates for the fleet averaging option of section 2025(h). (B) Vehicles used both as an emergency support vehicle as defined in section 2025(d)(27)(23), and for other purposes, do not need to consider the hours of operation or mil eage the vehicle accrues when used for emergency operations in determining w hether the vehicle meets the definition of a lowuse vehicle., but the fleet owner must report information about the emergency hours of operation or mileage as specified in section 2025(r)(15). If the vehicle meets the low-use defini tion of a low-use vehicle in section 2025(d)(47)(40), it is exempt from the requirements of section 2025(e)(1), but it is subject to the requi rements of section 2025(p)(4)(3) for low-use vehicles.56 (C) Vehicles that formerly met the lo w-use vehicle definition, but whose use increases above the specified limits , must immediately be brought into compliance as specified in section 2025(o )(3). to 100 PTO hours per year or greater or whose mileage increases to 1,000 miles or greater, must immediately meet the require ments of section 2025(f) or (g), (g) or (h) for the immediately preceding compliance deadlin e unless it takes advantage of one of the exemptions lis ted in section 2025(p).

(5)(4)(5) Exemption for Vehicles Operating with a Three Day Pass (A) Until January 1, 2021, a fleet ownerthat obtains a three-day pass for a vehicle will be allowed to operate one vehicle per calend ar year in California without complying with section 2025(e) fo r the specified three day period per calendar year provided the informati on required in section 2025(r)(19) is filed with the Executive Officer at least sev en days prior to the vehicle’s planned use in California. (B) A three-day pass must be obtained from the Executive Officer either online, email, or by fax. Prior to operating within California, t he fleet must obtain written approval from the Executive Of ficer, which must be carried within the vehicle. The request for a three-day pass shall be filed with the Executive Officer at least seven days prior to the v ehicle’s planned entry into California. The request must identify the initial date that an out-of-state vehicle that does not meet the compliance requirements of this r egulation will be traveling within the state, t he name of the fleet owner, the state or country issuing the license plate of the vehicle, the li cense plate number, and the vehicle identification number. T he Executive Officer will make every effort to respond to the request within three busi ness days from the receipt of the request. The Executive Officer shall grant the request so long as it is the first request made by the fleet in the calendar year. If the Executive Officer fails to respond to the request by the date of the vehicle’s pl anned entry into the state, the vehicle may ent er and operate in California for the requested threeday period, but if the v ehicle’s operator fails to present documentation to ARB enforcement personnel, upon request, t hat it has filed a request for a three-day pass and qualifies for operating in the state, the fleet may be cited and subject to penalties. (C) Fleets using a three day pass must co mply with the reporti ng requirements of section 2025(r). (B) To obtain a three-day pass, a request to the Executive Officer, identifying the date that an out-of-state vehicle will be making a one-time annual visit to the state, the vehicle owner, company name, and vehicl e identification number. and must obtain written approval, which must be carried within the vehicle., prior to operating in the state. (C) A three-day pass must be obtained from the Executive Officer either online, email, or by fax. The Executive Officer will have three business days to respond from receipt of the request.57 (6)(5)(6) Exemption for Vehicles Awaiting Sale – Vehicles in the possession of dealers, financing companies, or other entit ies that do not intend to operate the vehicle in California or offe r the vehicle for hire for operat ion in California, and that are operated only to demonstrate functionality to potential buyers or to move short distances while awaiting sale for purposes such as maintenance or storage, are exempt from all require ments in section 2025. (7)(6)(7) Exemption for Vehicles Used Solely on San Nicolas or San Clemente Islands - Vehicles used solely on San Nicolas or San Clemente Islands are exempt from all requirements in section 202 5. If the land use plans for the islands are changed to allow use by the general pub lic of the islands, this exemption shall no longer be applicable. (8) Credit for Hybrid Vehicles (A) Prior to January 1, 2018, upon present ation of proper documentation, the Executive Officer shall grant an owner credit, as set forth in (B) below, towards compliance with the fleet aver age for using hybrid vehicles defined in section 2025(d)(42) if the owner can demonstrate that the manufacturer has improved the fuel economy of the hy brid vehicle by at least 20 percent compared to a diesel vehicle of the sa me model year that performs a similar function and has a similar configuration to that of the hybrid vehicle. (B) Upon approval by the Executive Office r, the fleet shall receive for each compliance year prior to 2018, a credi t that double counts the number of hybrid vehicles in the fleet that ma y be used to calculate the PM and NOx indices and target rates for the percent limits requi rements of section 2025(g) and for the fleet averaging option of se ction 2025(h). The emissions factor from Appendix A will be based on the engine model year or standard to which the engine was certified. (9) Credit for Alternative Fuel Vehicles – Upon presentation of proper documentation, the Executive Officer will gr ant a fleet credit for usi ng vehicles equipped with alternative fuel or heavy-duty pilot igniti on engines, in calcul ating the NOx and PM fleet averages under section 2025(h). Upon approval, the fleet is allowed to use the NOx emission factor for the engine mode l year to which the alternative or heavy-duty pilot ignition engines have been ce rtified in calculat ing the NOx index and zero for the PM index. (10)(7)(8) Compliance Extension for Emissions Control Device Manufacturer Delays : - An owner who has purchased, or has entered into contractual agreement with the seller for the purchase, but has not re ceived, a VDECS, a replacement engine, or vehicle in order to comply with this regulation will be excu sed from immediate compliance if the VDECS or vehicles have not been received due to manufacturing delays as long as all the conditions below are met: (A) Except for VDECS purchased to repl ace a failed or damaged VDECS, the The fleet owner who has purchased the VEDCS or vehicle or has purchased, or has entered into contractual agreement with the seller for the purchase, at least 4 months prior to the required co mpliance date;, except in the case of58 where a VDECS is ordered to replace a failed or damaged VDECS, the fleet owner has purchased, or has entered in to contractual agreement with the seller for the purchase of a replac ement VDECS within 60 days of the VDECS failure. (B) The owner has identified the v ehicle to be equipped with the VDECS or replaced upon receipt of the replac ement VDECS VEDCS or vehicle. (C) Proof of purchase, such as a pur chase order, down payment, or signed contract for the sale, including spec ifications for each VDECS, must be maintained by the owner and provided to an agent or employee of ARB upon request. (D) The new or retrofitted vehicles ar e immediately placed into operation upon receipt and any replaced vehicles are removed from service within 30 days. (E) Proof of the date that the new or retr ofitted vehicles were placed into service and proof of the date that any replaced vehicles were removed from service must be maintained by the owner and provided to an agent or employee of ARB upon request. (11)(8)(9) Extension of the PM BAC T Compliance Deadline Ba sed on Unavailability of Highest Level VDECS . - If an engine that is requi red to meet PM BACT cannot be equipped with the highest level VDECS fo r PM, the Executive Officer may grant a one-year extension of the complianc e deadline, which may be extended annually through January 1, 2017, based on an eval uation of information submitted pursuant to section 2025(r)(11) that the engine cannot be equipped with the highest level VDECS for PM provided that all other engines in the fleet are in compliance with the PM BACT requirements for the compliance year. The request must be filed 4 months prior to the co mpliance deadline. By January 1, 2018, any vehicle that is not equipped with the highest level VDECS for PM must be replaced with a vehicle that meets PM BACT. is 2010 model year emissions equivalent or have one that complies with the comp liance schedule which would be a 1998 model year engine or newer equipped with the highest level VDECS for PM. its engine replaced with one that is equipped with the highe st level VDECS for PM. This includesThe extension for unavailabi lity of highest level VDECS applies to the auxiliary engines in two engine sweepers if the engine that provides motive power must meet PM BACT. By January 1, 2018, any auxiliary engine in a two engine sweeper with a GVWR greater than 26, 000 lbs that is not equipped with the highest level VDECS for PM must be replaced with Tier 4 off-road engine or an engine that is equipped with the highest leve l VDECS for PM. The extension does not apply for engines that are required to meet the 2010 model year equivalent requirements. (10) Extension for Meeting PM BACT by 2014 . By January 1, 2014, if every vehicle in the fleet with a GVWR greater than 26, 000 lbs is equipped with either a Level 3 VDECS for PM or a 2007 model year or newer engine that m eets PM BACT, the vehicles shall be exempt from meeting the 2010 model year em ission equivalent engine requirements until January 1, 2023.59 (A) Fleet owners must meet reporting requirements of sections 2025(r) by January 31, 2014. The fleet will not need to report again after the initial reporting to retain the extension unle ss a vehicle or engine is replaced with one that has a 2006 model year or older engine. (B) The fleet can retain the exemption if an engine or vehicle is replaced with another one that is equipped with a Level 3 VDECS or has a 2007 model year or newer engine that meets PM BACT. The fleet must report the according to section 2025(o)(2).

(12)(9)Change in Exemption Status. - A fleet ow ner of a vehicle that formerly qualified for any of the compliance extensions or exemptions granted in section 2025(n) or 2025(p) but whose status has changed so t hat it no longer meet s the applicable definition, must immediatel y bring the fleet into comp liance with requirements of section 2025(f) or 2025(g), (g), or (h) for the immediately preceding compliance deadline, and must notify the Executive Officer of the change in status within 30 days from the date of the change.

(q) Special Provisions for VDECS and Experimental Diesel Emission Control Strategies (1) VDECS Requirements (A) VDECS Installation . Before installing a VDECS on a vehicle, the owner must ensure that: 1. The VDECS is verified for use withon the engine and vehicle, as described in the Executive Order for the VDECS.

2. Use of the vehicle is consistent with the conditions of the Executive Order for the VDECS.

3. The VDECS is installed in a verified configuration. 4. The engine to be retrofi tted must be in its original certified configuration, free of excess oil consumption, must not have malfunctioning fuel delivery systems, or any other mechanical condition that may impair the proper functioning of the VDECS. meets engine manufacturer’s specifications for insta llation of the VDECS.

5. The VDECS label will be visible after installation. (B) VDECS Maintenance . If a fleet owner installs a VDECS to meet the requirements of section 2025(e), the VD ECS must remain installed until the VDECS fails or is damaged or is repl aced with a similar or higher level VDECS. Requirements for VDECS failure or damage are in section 2025(q)(2). The owner of a vehicle retrofitted with a VDECS must ensure that the VDECS and engine are properly maintained as recommended by the respective manufacturers. (2) Failure or Damage of a VDECS.60 In the event of a failure or damage of a diesel emission control strategy, the following conditions apply: (A) Failure or Damage During the Warranty Period. If a VDECS fails or is damaged within its warranty period, and the VDECS manufacturer or authorized dealer determines that it cannot be repai red, the owner must replace the VDECS with the same le vel or higher level VDECS for the vehicle within 90 days of the failure. (B) Failure or Damage Outside of Warranty Period. If a VDECS fails or is damaged outside of its warranty period and cannot be repaired, and if the fleet could not meet an applicable target for the most rec ent compliance date without the failed VDECS, then within 90 days of the failure, the owner must replace the failed VDECS with the hi ghest level VDECS available for the engine at time of failure. (3) Fuel-Based Strategy VDECS. (A) If a fleet owner determines that the highest level VDECS for a large percentage of the fleet woul d be a Llevel 2 fuel verified as a diesel emission control strategy, and implementation of th is VDECS would require installation of a dedicated storage tank, then the owner shall request prior approval from the Executive Officer to allow use of the Llevel 2 fuel-based strategy across its fleet. (B) Waiver for Discontinuation of Fuel Verified as a Diesel Emission Control Strategy. If a fleet owner has relied upon a fuel verified as a diesel emission control strategy to meet an applicabl e requirement and has to discontinue use of the fuel due to circumstances beyond the fleet owner’s control, the fleet owner shall apply to the Executive Officer no later than 30 days after discontinuing use of the fuel for a comp liance waiver of up to two years to provide the fleet owner time to retu rn to compliance with the applicable requirements. The Executive Officer shall respond to the request within 30 days and grant the request upon finding t hat the application is complete, outlines the compliance strategy to be used, and that all reporting requirements have been met. (4) Use of Experimental Diesel Emission Control Strategies (A) If a fleet owner wishes to use an exper imental or non-verified diesel emission control strategy to support the verifi cation of a non-verified diesel emission control strategy, the owner must firs t obtain approval from the Executive Officer for a compliance extension. To obtain approval, the owner must demonstrate either that (1) a VDECS is not available or not feasible for their vehicle or application, or (2) that use of the non-ver ified strategy is needed to generate data to support verification of the strategy. 1. The application must include the following: emissions data and a detailed description of t he control technology that demonstrates that the experimental control strategy achiev es at least a lLevel 2 diesel PM emission reduction, vehicle an d engine data, and odometer or61 hubodometer readings as described in sections 2025(r)(8), 2025(r)(9), and 2025(r)(12)(B).

2. The Executive Officer will tr eat the strategy as a: a. Level 2 VDECS if the applicati on demonstrates that the strategy achieves at least 50 percent reduction in diesel PM. b. Level 3 VDECS if the applicati on demonstrates that the strategy achieves at least 85 percent reductions in diesel PM. 3. If the application demonstrates th at the strategy achieves a NOx reduction of over 15 percent, t he NOx reduction wi ll be counted. (B) Upon approval by the Executive Office r, each vehicle engine retrofitted with the experimental strategy will be allo wed to operate for a specified time period necessary to make a determinati on that the experimental strategy can achieve the projected emissions reduc tions. The vehicle equipped with the experimental strategy will be cons idered to be in compliance under section 2025(f), or 2025(g), 2025(h), or 2025(i), (g), or (h) during the specified time period. The fleet ownershall keep documentation of this use in records as specified by the Executive Officer. (C) The fleet owner must bring the fleet into compliance under section 2025(f), or 2025(g), 2025(h), or 2025(i), (g), or (h ) prior to the expiration of the experimental diesel emission control strategy extension. (5) VDECS That Impairs Safe Operation of Vehicle - A fleet owner may request that the Executive Officer find that a VDECS sh ould not be considered the highest level VDECS available because: (A) it cannot be safely installed or operated in a particular vehicle application, or (B ) its use would make compliance with occupational safety and health requirements, or an ongoing local air district permit condition impossible. (A) It cannot be safely installed or operat ed in a particular vehicle application; or (B) Its use would make compliance with occupational safety and health requirements, federal hi ghway safety regulations , or an ongoing local air district permit condition impossible.

If a VDECS manufacturer states that ther e is no safe or appropriate method of mounting its VDECS on the r equesting party’s vehicle, then the VDECS will not be considered safe. In the absence of such a declaration by the VDECS manufacturer, the requesting party shall pr ovide other documentation to support its claims. Documentation may include published reports and other findings of federal, state or local government agencies, independe nt testing laboratories, engine manufacturers, or other equally reliable sources. The request will only be approved if the requesting party has made a t horough effort to find a safe method for installing and operating the VDECS, including various locations for VDECS mounting, and use of an actively regenerat ed VDECS. The Executive Officer shall review the documentation submitted and any other reliable information that he or62 she wishes to consider and shall make his or her determination based upon the totality of the evidence. Upon finding that a VDECS cannot be in stalled without violating the safety standards prescribed under title 8, CCR by the California Departm ent of Industrial Relations, Division of Occupational Safety and Health, or comparable federal or state health and safety laws where the vehi cle operates, or federal highway safety laws, the Executive Officer shall issue a determination that there is no highest level VDECS available. The Executive Offi cer shall inform the requesting party, in writing, of his or her determination, wit hin 60 days of receipt of the request. Parties may appeal the Executive Officer’ s determination as described in (A)(C) and (B)(D) below. During the appeal pr ocess described in (A)(C) and (B)(D) below, the requesting party may request t he administrative law judge to stay compliance until a final decision is issued. If the stay is granted and the Executive Officer denies the requesting party’s reques t, the requesting party has six months from the date of the Executive Officer’s final written decision to bring his or her fleet back into compliance. (A)(C) Appeals – Hearing Procedures 1. Any party whose request has been denied may request a hearing for the Executive Officer to reconsiderthe action taken by sending a request in writing to the Executive Of ficer. A request for hearing shall include, at a mini mum, the following: a. name of the requesting party; b. copy of the Executive Officer’ s written notification of denial;

c. a concise statement of the i ssues to be raised, with supporting facts, setting forth the basis for challenging the denial (conclusory allegations will not suffice); d. a brief summary of evidence in support of the stat ement of facts required in c. above; and e. the signature of an authoriz ed person requesting the hearing 2. A request for a hearing shall be fil ed within 30 days from the date of issuance of the notice of the denial. 3. A hearing requested pursuant to th is section shall be heard by a qualified and impartial hearing o fficer appointed by the Executive Officer. The hearing officer may be an employee of t he ARB, but may not be any employee who was involved wi th the denial at issue. In a request for reconsideration, the hear ing officer, after reviewing the request for hearing and supporting documentation provided under paragraph 1.d. above, shall grant the request for a hearing if he or she finds that the request raises a genui ne and substantial question of law or fact. 4. If a hearing is granted, the hearing officer shall schedule and hold, as soon as practicable, a hearing at a time and place determined by the hearing officer.63 5. Upon appointment, the hearing officer shall establish a hearing file. The file shall consis t of the following: a. the determination issued by the Executive Officer which is the subject of the request for hearing; b. the request for hearing and the supporting documents that are submitted with it; c. all documents relating to and relied upon by the Executive Officer in making the initial determinati on to deny the requesting party’s original claim; and d. correspondence and other documents material to the hearing. 6. The hearing file shall be available for inspection by the applicant at the office of the hear ing officer. 7. An applicant may appear in person or be represented by counsel or by any other duly-authorized representative. 8. The ARB may be represented by st aff or counsel familiar with the regulation and may present rebuttal evidence.

9. Technical rules of evidence shall not apply to the hearing, except that relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs. No action shall be overturned based solely on hearsay evidence, unless the hearsay evidence would be admissible in a court of law under a legally recognized exception to the hearsay rule. 10. Declarations may be used upon stipulation by the parties. 11. The hearing shall be recorded eitherelectronically or by a certified shorthand reporter. 12. The hearing officer shall consider t he totality of the circumstances of the denial, including but not limited to, cr edibility of witnesses, authenticity and reliability of documents, and qualif ications of experts. The hearing officer may also consider releva nt past conduct of the applicant including any prior incidents invo lving other ARB programs. 13. The hearing officer’s written decision shall set forth findings of fact and conclusions of law as necessary. 14. Within 30 days of the conclusion ofa hearing, the hearing officer shall submit a written proposed decision, including proposed finding as well as a copy of any material submitted by the hearing participants as part of that hearing and relied on by the hearing officer, to the Executive Officer. The hearing officer may re commend to the Executive Officer any of the following: a. uphold the denial as issued; b. modify the denial; or

c. overturn the denial in its entirety.64 15. The Executive Officer shall rende r a final written decision within 60 working days of the last day of hearing. The Executive Officer may do any of the following based on subs tantial evidence in the record: a. adopt the hearing office r’s proposed decision; b. modify the hearing office r’s proposed decision; or c. render a decision without regard to the hearing officer’s proposed decision. (B)(D) Appeals – Hearing Conducted by Written Submission. In lieu of the hearing procedure set forth in A(C)above, an applicant may request that the hearing be conducted so lely by written submission. In such case the requestor must submit a written explanation of the basis for the appeal and provide supporting docum ents within 20 days of making the request. Subsequent to such a submission the following shall transpire:

1. ARB staff shall submit a written response to the requestor’s submission and documents in support of the Execut ive Officer’s action no later than 10 days after receipt of the requestor’s submission; 2. The applicant may submit one rebu ttal statement which may include supporting information, as attachment (s), but limited to the issues previously raised; 3. If the applicant submits a rebuttal, ARB staff may submit one rebuttal statement which may incl ude supporting information, as attachment(s), but limited to the issues previously raised; and 4. The hearing officer shall be designat ed in the same manner as set forth in section 2025(q)(5)(A)(C)(3) above. The hearing officer shall receive all statements and documents and submit a proposed written decision and such other documents as descr ibed in section 2025(q)(5)(A)(C) (13) above to the Executive Officer no later than 30 working days after the final deadline for submission of papers. The Executive Officer’s final decision shall be mailed to the applic ant no later than 60 days after the final deadline for submission of papers.

5. The Executive Officer shall rende r a final written decision within 60 working days of the last day of hear ing. The Executive Officer may do any of the following: a. adopt the hearing officer’s proposed decision; b. modify the hearing office r’s proposed decision; or c. render a decision without regard to the hearing officer’s proposed decision.

(r) Reporting Requirements (1) The owner of a fleet is subject to r eporting requirements for the vehicles in the fleet as defined in section 2025(d)(28) if the owner has elec ted to utilize the65 compliance phase-in options of secti on 2025(f)(4), 2025(g)(3) and , 2025(g)(4), 2025(f)(3), 2025(h), or 2025(i), th e credits for early PM retr ofits, hybrid vehicles, and alternative fueled vehicles of section 2025(j), and the agricultural provisions of section 2025(m), single-engine and two-eng ine street sweeper provisions of section 2025(n), extension orexemptions for vehicles used exclusively in NOx exempt areas and the exem ptions and extensions provisions of section 2025(p)(1), and the extension for low m ileage construction trucks of section 2025(p)(2). Fleets owners that use the credit utilizing the relief for fleets that have downsized provided in secti on 2025(j)(1)(i)(5) and the cr edit for the early addition of newer vehicles provided in section 2025(j)(3) must report information for all vehicles under common ownership or c ontrol with a GVWR greater than 26,000 lbs in the 2006 baseline fleet and in the fleet for each compliance year. Except as required in section 2025(k)(5 )(4), school buses are not r equired to comply with the reporting requirements. (1) The owner of a fleet is subject to t he reporting requirements of section 2025(r) for the vehicles in the fleet as defined in se ction 2025(d)(34) if the owner has elected to utilize the BACT percent limits option of section 202 5(g), the fleet averaging option of section 2025(h), the optional requirements fo r small fleets of section 2025(i), the retired vehicle credit provis ion of section 2025(k), the special provisions and compliance extensions of section 2025(p), or the agricultural provisions of section 2025(m). (2) All fleet owners utilizing any of the cr edits in section 2025(j) or any of the exemptions, delays, or extensions in section 2025(p) exemptions, compliance extensions, or credit in section 2025(p) mu st report according to and comply with the requirements of section 2025(r) and maintain records according to section 2025(s) for all of their vehicl es in the fleet as defined in section 2025(d)(34)(28)., regardless of whether t he vehicle is utilizi ng of the special provisions or not. (3) The owner of a fleet that has elect ed to comply complies by using the BACT compliance schedule by engine model year set forth in sections 2025(f) and 2025(g) and also utilizes the low-use vehicl e provision of section 2025(p)(4)(3) is not subject to the only requi red to reporting follow meet the reporting requirements of section 2025(r) for the low-use v ehicles meeting t he definition in section 2025(d)(40)(41). (4) Fleet owners may submit reporting in formation using forms (paper or electronic) approved by the Executive Officer. (5) The fleet owner must notif y the Executive Officer in writing by the first applicable reporting date and by January 31 of ev ery subsequent compliance year, if applicable, with the name of the responsible official and the location where the records will be kept, and whether any information has changed since its last reporting. If Whether the records will be kept inside or outside California, the owner must also comply with section 2025(t) . If a fleet owner opts to comply with fleet averaging requirements of section 2025(h) separately for different divisions or66 subsidiaries according to section 2025( e)(5), then the company or agency may report separately for the diffe rent portions of the fleet. (6) Each year, fleet owners subject to the reporting requirement mu st report on their fleet as it was on January 1 the complianc e date of the current compliance year. They must The fleet owner must submit the applicable information set forth in sections 2025(r)(5) through (14)(10) byJanuary 31 following of each compliance dateyear. Owners must repor t annually until the reporting requirement expires or fleets may stop reporting the year afte r all of the BACT requirements of section 2025(f) and 2025(g) have been co mpletely met. Fleets may submit information by mail or electronically. (7) Owner Contact Information : Compliance reports must include the following information: in (A) through (M) below. (A) Fleet owner’s name,; (B) Name of company or agency,; (C) Motor carrier identification number,; (D) Corporate parent name (if applicable),; (E) Corporate parent taxpayer i dentification number (if applicable),; (F) Company taxpayer identification number,; (G) Street address and mailing address,; (H) Name of responsible person,; (I) Title of responsible person,; (J) Contact name,; (K) Contact telephone number,; (L) Contact email address (if available),.; and (M) License number issued by the Pub lic Utilities Commission (if applicable). (8) Vehicle Information Fleet owners must provide to the Executiv e Officer a list of all vehicles subject to the reporting requirements along with the information listed in (A) through (S) (P)(R) below for each vehicle: (A) Vehicle type,; (B) Whether the vehicle is a schoolbus, agric ultural vehicle, log truck, as defined in section 2025(d)(67) t hat transports pupils, a motorcoach, truck-tractor, shuttle vehicle, two-engine sw eeper, or yard truck; (C) If the vehicle was added after January 1, 2012, the Ddate the vehicle was added or first reported,;or retired, (D) Date that a vehicle was retired, sold, or scrapped after January 1, 2012; (A) (D)(E) Vehicle id entification number,;67 (B) (E)(F) Vehicle manufacturer,; (C) (F)(G) Vehicle model;; (D) (G)(H) Gross vehicle weight rating; (E) (H)(I) Vehicle model year,; (F) (I)(J) License plate number,; (G) (J)(K) Where t The state, providence, or country where the vehicle is or was registered and type of registration plate; (H) Vehicle type, including whether th e vehicle is a schoolbus, agricultural vehicle, log truck, truc k-tractor, two-engine sweeper , low-mileage construction truck or yard truck; (I) If the vehicle was added after Jan uary 1, 2012, the dat e the vehicle was added otherwise the date first reported; (J) Date that a vehicle was retired, sold, or scrapped after January 1, 2012; (K) (K)(L) Whether the vehicle will be designated as a low-use vehicle as defined in section 2025(d)(41); and if so: 1. For vehicles designated as low-us e, fleet owners must report the The information listed in section 2025(r)(12).; 2. Report w Whether the low-use stat us is based on mileage or hours of operation.;

3. Whether the vehicle has PTO for performing work in stationary mode.; (L)4. Whether the vehicle is used as an emergency support vehicle as defined in section 2025( d)(23); and, if so, 1a. For low-use or mileage exempt vehicles used in emergency operations, fleet owners must report tThe information listed required in section 2025(r)(16).; (M) Whether the vehicle is a sweeper, spec ialty agricultural vehicle, cab-overengine truck tractor, or unique vehicl e as defined in sections 2025(n) and 2025(p); (L) Whether the vehicle has been certifi ed as non-operational with the California Department of Motor Vehicles or equiva lent documentation from the state, providence, or country where the v ehicle is registered and whether the vehicle will not operat e in California. (N)(M) Whether the vehicle is a fuel e fficient hybrid vehicle as defined in section 2025(d)(42)(31).; (O)(N) Whether the vehicle is propell ed by an alternative-fueled engine as defined in section 2025(d)(9)(8).; (P) (O) Fuel type.;68 (O) Whether the vehicle will use the extension or exemptions for vehicles used exclusively in NOx Exempt Ar eas in section 2025(p)(1); (P) Does the fleet Whether the fleet size is contain more thatn three vehicles subject to the regulation with a GVWR greater than 14,000 lbs; and (Q) Whether the vehicle is a log truck utilizing the Optional Phase in for Log Trucks provision in section 2025(m)(12); (11). (R) Whether the vehicle is a low-mile age construction truck that will use the extension for low-mileage construction tr ucks specified in section 2025(p)(2); and (S) Whether the vehicle was partially pai d for with public funds, and if so, the information about the funding contract specified in section 2025(r)(18). (9) Engine Information Reporting Except as provided in section 2025(r)(13) (A) below, Tthe following information for each engine that propels a vehicle r eported per section 2025(r)(8) and for each sweeper engine that operates auxiliary equipment must be reported to the Executive Officer: (A) Engine manufacturer,; (B) Engine model,; (C) Engine family for all 1974 model yearand newer engines except if reporting information about vehicles in the 2006 basel ine fleet that are no longer in the fleet;, (D) Fuel type (D) Engine serial number,; and (E) Engine model year,; (F) Whether the engine meets an on-r oad or off-road em issions standard,; (G) Whether the engine is used to propel the vehicle or to operate auxiliary equipment,; and (H) The emissions standard to which t he engine was certified if lower than required for the engine model year (I) Whether the engine was partially paid for with public funds, and if so, the information about the funding contract specified in section 2025(r)(18). (10) Verified Diesel Emission Contro l Strategies Reporting. Except as provided in section 2025(r)(13) (A) below, Ffor each VDECS that is installed on an engine listed persection 2025(r)(9), the fl eet owner must report the following information to t he Executive Officer.: (A) Type Description of VDECS installed,; (B) VDECS manufacturer,; (C) VDECS family name,;69 (C)(D) Serial number, or experimental part number, or aftermarket part number,; and (D)(E) Date installed;. (E) If claiming early PM retrofit credits of section 2025(j)(2)(A) and the VDECS is installed between July 1, 2011 and Oct ober 1, 2011, the fleet owner must attest to having records to docum ent the purchase agreement and down payment for the VDECS by May 1, 2011; (F) Whether the VDECS was partiallypaid for with public funds and the information in 2025(r)(18) if partia lly paid for with public funds; and (G) Whether the VDECS was install ed on the engine to comply with another California in-use regulation. (11) Availability of Reporting for Extension fo r Unavailability of Highest Level VDECS If appropriate, the following information must be submitted to the Executive Officer with a request for an extension based on the unav ailability of highest level VDECS: (A) Owner contact information, vehi cle, and engine information listed in sections 2025 (r)(7), 2025(r)(8), and 2025(r)(9).; (B) Description of the reason for the compliance extension request for each engine or engine-vehicle combination.; (C) If the VDECS would void the engine wa rranty, provide a st atement from the engine manufacturer or authoriz ed engine or vehicle dealer.; (D) If a no verified VDECS is commercia lly available for the engine family, provide a list of manufacturers and installers that have been contacted and the manufacturers’ responses to a request to purchase.; and (E) Documentation must be submitted with the initial r equest and must be reported annually on January 31 following the compliance deadline for each year that the owner is claiming no n-availability of the highest VDECS. (12) Low-Use Vehicles Reporting For vehicles that are designated as low- use, the fleet owner must report the following information to the Executive Office r annually for as long as the fleet owns or operates the vehicle: (A) Owner, vehicle, and engine information identified in sections 2025(r)(5) through 2025(r)(9); (B) Mileage from odometer readings from a properly functioning odometer or hubodometer taken on January 1 and Decem ber 31 of the compliance year. A hubodometer may be used in lieu of the odometer.; (C) If the vehicle uses engine power as s pecified in 2025(d)(41) has power take off, Hhour-meter readings from a pr operly functioning non-resettable hourmeter taken on January 1 and Decem ber 31 of the compliance year.;70 (D) The dates and readings of the odom eter or hubodometer and non-resettable hour-meter readings. In the event that the odometer or hubodometer meter is replaced, the original odomet er or hubodometer reading and the new odometer or hubodometer reading and t he date of replacement must be reported within 30 days the original odomet er failedof replacing the odometer or hubodometer. In the event that t he odometer or hubodometer is removed, the hubodometer reading and date it is re moved and the odometer reading of the replacement and the date it is plac ed in service. If hubodometers are used, the fleet owner must report the seri al numbers. on the day of removal; (E) Upon request of an agent or employ ee of the ARB, the The owner of a vehicle operating both inside and outside of California must provide records from a electronic tracking system as def ined in section 2025(d)(26)(21) that can acquire date, time, engine-on, and location data. The owner may use other documentation of vehi cle operation and location, such as IRP records. (F) Whether the vehicle is used as an emergency support vehicle as defined in section 2025(d)(23); and, if so, the fleet owner must report the information in section 2025(r)(15) (G) Whether a plann ed non-operation certificate has been filed with the DMV or, an equivalent certificate has been f iled with another stat e prior to the beginning of the compliance year, and whether the vehicle will not be operated in the compliance year. (13) Fleets Claiming Vehicle Re tirement Credit ReliefCre dit for Fleets that have Downsized or Added Newer Ve hicles Early Reporting Fleets owners claiming reques ting credits under section 2025(i)(5)(j) for fleets that have downsized must r eport the following: (A) Fleet owners claiming credit for downsizing must report the following:

1. For the vehicles in the 2006 baseli ne fleet, vehicle information specified in section 2025(r)(8)(A) to 2025(r)(8 )(G), and if the vehicle was not registered with the California Departm ent of Motor Vehicles, identify the type of records that are being kept to document proof that the vehicles drove at least 1,000 mile s in California in the year 2006. Fleets that include street sweepers with a GV WR from 14,001 to 26,000 lbs for determining the credit, must identify that the vehicle is a street sweeper. 2. For the compliance year, whether the fleet has drayage trucks, on-road vehicles subject to the off-r oad in-use vehicle regulation, and information about how many are current ly in the fleet. Fleets that include street sweepers with a GV WR from 14,001 to 26,000 lbs for determining the credit, must identify that the vehicle is a street sweeper. (B) For the 2006 baseline fleet, a fleet ow ner that claims credits for adding cleaner vehicles as specified in sect ion 2025(j)(3) must report the vehicle information in section 2025(r)(13)(A) above and the engine model year, and engine family for all the vehicles in t he fleet as of January 1, 2012. The fleet owner has the option to report the engine information for vehicles that are no71 longer in the fleet if t he fleet owner has records to document the engine model year and engine family. (A) The information required in sections 2025(r)(5) through (9) for all vehicles in the 2006 baseline fleet. Informati on about vehicles registered on October 1, 2006 that are no longer in t he fleet do not have to report engine and VDECS information required in sections 2025(r)(9) and (10). (B) The information required in sections 2025 (r)(5) through (10) for all vehicles in the fleet in the applicable compliance y ear that were registered or have been certified as non-operational with the Ca lifornia Department of Motor Vehicles equivalent agency in another state. (A) By March 31, 2010, fleets requesting v ehicle retirement credits must report the information required in sections 2025 (r)(5) through (9) for all vehicles in the fleet that were registered on Ju ly 1, 2008. Beginning 2011 and every year thereafter until 2014, the re porting date shall be January 31. (14) Schoolbus Fleets or Sub-Fleets (A) For schoolbus fleet or sub-fleets that comply using the PM BACT percentage limits of section 2025(g) orthe PM fleet averaging of section 2025(h)(3) or any of the special provisions in se ction 2025(p), the sc hoolbus fleet owner must report the information required in section 2025(r), except for the information required under subsections 2025(r)(12)(C), (r)(12)(E) or (r)(16)(C). (15)(14) Agricultural Fleet Reporting V ehicles in Agricultural Fleets Until January 1, 2023, fleet owners of all agricultural ve hicles that will utilize the provisions of section 2025(m) that are owned as of January 1, 2009, must report the following information to the Executiv e Officer by March 31April 29, 2011 and every January 31 thereafter: For all vehicles owned as of January 1, 2009, an agricultural fleet owner must report the information in this section to the Executive Officer for all vehicles (including vehicles that do not qualify as agr icultural vehicles) by March 31, 2010. For subsequent years, the reporting date sha ll be January 31. For each vehicle in an agricultural fleet, the agricultural fleet owner must report the following information until January 1, 2023: (A) Information required in sections 2025 (r) (5) through 2025(r)(9) for vehicles in the existing fleet and the vehicle info rmation required in section 2025(r)(8) items (A) to (G) for the vehicles in the fl eet as of January 1, 2009.; (B) Whether the vehicle is a specialty agricultural vehicle or a log truck; (B) Whether the vehicle is a low-m ileage, limited-mileage, or specialty agricultural vehicle, or is none of these. (C) Whether the vehicle will operate as a low-mileage or limited-mileage vehicle should it not qualify as a specialty agricultural vehicle.72 (D)(C) Whether the vehicle is being added orremoved from deleted to the fleet and the date of that the vehicle is added or removed addition or deletion occurred.; (E)(D) The vehicle body type if one of the four body types described in the definition of specialty agricultural v ehicle in section 2025( d)(69)(53)(54).; (F)(E) If eligible to be considered for the s pecialty vehicle exemption, the priority status of the vehicle in case not all specialty vehicles in the fleet can be approved.; (G)(F) Whether the specialty vehicle will operate exclusively outside the San Joaquin Valley Air Basin. ; (H)(G) Whether the vehicle is operat ed for compensation outside a farming business owner’s farm.; (I)(H) Except for specialty agricultu ral vehicles, Mmileage from a properly functioning odometer or hubodometer taken on January 1, 20112010 and every January 1 thereafter. In the event that the odometer or hubodometer is replaced, the fleet owner shall report the original odometer or hubodometer reading, the new odometer or hubodometer reading, and the date the original odometer or hubodometer was replaced. If a hubodometer is used in lieu of the odometer, the fleet ow ner must also report the serial number for each hubodometer used or replaced..; and (J)(I) For a low, limited, or specialty an agricultural vehicle being replaced, the owner, vehicle, and engine information se t forth in sections 2025(r)(5) through 2025(r)(9)(10), the mileage of both the vehicle being replaced and added, and the date the mil eage readings were taken. (16)(15) Vehicles used as emergency support vehicles in emergency operations. A fleet owner must provide the following information to the Executive Officer to qualify a vehicle’s usage as emergency operation: (A) Owner, vehicle, and engine informati on identified in sections 2025(r)(5) through 2025(r)(9)(10); (B) Odometer or hubodometer readings from a properly f unctioning odometer or hubodometer to document use at an em ergency event and to document travel to and from the emergency event. In the event that the odometer or hubodometer meter is replaced, the fleet owner shall report the original odometer or hubodometer reading and the new odometer or hubodometer reading and the date of replacement that the original odometer or hubodometer was replaced must be report ed. If a hubodometer is used in lieu of an odometer, the fleet owner must also report the serial number for each hubodometer used or replaced. Vehicles used exclusively for emergency use that are not authoriz ed emergency vehicles do not need to have an hour meter and do not need to report hours. Authorized emergency vehicles are exempt per section 2025(c); and73 (C) Records to document dispatch by the local, state, or federal agency or other responsible emergency m anagement entity as approved by the Executive Officer. (17)(16) Vehicles Exempt from NOx BACT

. Reporting of Vehicles Utilizing the Exemptions, Delays, and Extensions Provision (A) Exemption Based on Early Action. Unless stated otherwise in section 2025(p), fFleet owners utilizing the ex emptions, delays, and extensions provision of section 2025(p) must pr ovide the following information to the Executive Officer by January 31, 2012: The owner must provide the following information to the Executive Officer by March 31, 2010. 1. Owner, vehicle, and engine information listed in sections 2025(r)(5) through 2025(r)(9).; and 2. Information listed in section 2025(r)(10) for the VDECS. (B) NOx Mileage Exempt Vehicles

. The owner must provide the following information to the Executive Officer by January 31 of the complia nce year to demonstrate compliance with the requirements of section 2025(p)(1). 1. Owner, vehicle, and engine info rmation listed in sections 2025(r)(5) through (11). 2. Mileage and hours of use readings on January 1 and December 31 of the compliance year taken from a properly functioning odometer and hour-meter for vehicles meeting the definition of sections 2025(d)(58)(A) or (B) and mileage only readings for vehicles meeting the definitions of 2025(d)(58)(C) or(D). The owner must keep on record the mileage and usage record s to meet the record keeping requirements of section 2025)(s). (C)(A) Vehicles Operating Exclusivel y in NOx-exempt areas. The owner must provide the following information to the Executive Officer by January 31 of each compliance year to demonstrate compliance with the requirements of section 2025(p)(1): 1. Owner, vehicle, engine in formation, and VDECS listed in sections 2025(r)(5) through 2025(r)(11)(10);. 2. For vehicles that are not labeled, Rrecords from an electronic tracking system that tracks usage and location in a monthly report format approved by ARB. The system must at a minimum meet the requirements as defined in sectio n 2025(d)(26)(21) and provide the information listed therein.. A fleet may use an alternative method to demonstrate compliance if approv ed by the Executive Officer.

3. Whether the vehicle is labeled as specified in section 2025(p)(1)(C).74 (D)(B) Unique Vehicle Extension Unique Vehicles. The owner must provide the following information to the Executive Officer by January 31 of each compliance year to demonstrate compliance with the requirements of se ction 2025(p)(3)(3)(2). 1. Owner, vehicle, and engine info rmation listed in sections 2025(r)(5) through 2025(r)(9)(11)(10). 2. Photos and a complete description of the vehicle and its function. 3. A complete explanation of why the v ehicle qualifies as a unique vehicle. 4. Names and phone numbers of source s contacted during the search for a replacement vehicle.

5. Letters from contacted VDECS vendor s stating that retrofit technology is unavailable for t he unique vehicle. (E)(17) Single-Engine and Two-Engine Sweepers The owner must provide the following in formation for both the propulsion and auxiliary engine to the Executive Officer by March 31, 2010, Ap ril 29, 2011, and January 1 of subsequent compliance year s to demonstrate compliance with the requirements of section 2025(n):. 1.(A) Owner, vehicle, and engine informati on listed in sections 2025(r)(5) through 2025(r)(10)(11).; 2.(B) Engine tier level of the auxiliaryengine, model year , and engine family number.; and 3.(C) For Tier 0 auxiliary engines, the hours of use readings taken January 1 and December 31 of each year staringstarting 2010. (18) Vehicles Purchased, Repowered, or Retrofitted Using Public Funds. For owners of vehicles that were purchased, repowered or retrofitted using public funds and where funding program guidelines include criteria which limit funding projects from receiving regulatory benefit or credi t, are used to determine compliance with the requirements of this r egulation, the fleet owner must provide the following information to the Executiv e Officer for all vehicles that were purchased or retrofitte d using public funds: (A) Owner, vehicle, and engine informati on listed in sections 2025(q)(r)(5) through 2025(r)(10)(11); (B) Date the public f unding contract began; (C) Date the contract or emissions surplus contract period ends or ended; (D)(C) Program provid ing the funding; and (E)(D). Information about the contract terms to determine eligibility.75 (19) Claiming V ehicles Requesting a Three Day Pass Information listed in sections 2025(r) (7) and 2025(r)(8) items 2025(r)(19)(A) to 2025(r)(19)(G) must be provided for all vehicles requesting a three day pass and the date for which the 3 day period would begin. (18)(20) Compliance Certification . All reports submitted to ARB, must be accompanied with a certification signed by a responsible official or a designee thereof that the information reported is accurate and that the fleet is in compliance with the regulation. If a des ignee signs the compliance certification, a written statement signed by the responsible offi cial designating the designee must be attached to the compliance certification and submitted to the Executive Officer. (19)(21) Changes Since Last Reporting – The fleet owner or responsible person must report to the Executive Officer any additions, removalsdeletions, or changes to the fleet since the last annual report filed. Such changes shall include, among other things, changes in the fleet’s complia nce option, vehicles removed from the fleet, vehicles added to the fleet through pur chase or by bringing into California, and vehicles newly defined as low-use, or recently repowered or retrofitted. If there are no changes, the fleet owner sha ll indicate there have been no changes. (20)(22) New Fleet Reporting . New fleets that elect to utilize the phase-in options of section 2025(i) or 2025(h) BACT percent limits option of section 2025(g) or the fleet averaging option of section 2025(h) must submit the information in sections 2025(r)(5) through 2025(r)(9) to t he Executive Officer within 30 days of purchasing or bringing such vehicles into the State. Beginning the first January 1 that is more than 30 days after the date of purchase or bringing a vehicle into the State, new fleets must co mply with the reporting requi rements in section 2025(r). (21)(23) Claiming Compliance Extension for Manufacturer Delays The fleet owner must reportprovide the following information to the Executive Officer by January 31, each year to demons trate compliance with the requirements of section 2025(p)(8)(10)(7): (A) The date of purchase orthe date the contractual agreement for purchase of VDECS, replacement engine, or vehicle was entered,; (B) The date the VDECS or vehicle was placed into service,; (C) The date the existing vehicle was removed from service.; and (D) Identification of the ve hicle that was replaced. (24) Reporting for a Compliance Extension for Fleets that Meet PM BACT per section 2025(f) or 2025(g) prio r to January 1, 2014

. For fleets complying using the compliance option of section 2025(f) or 2025(g), the fleet owner must provide the following info rmation about the vehicles that meet PM BACT prior to January 1, 2014: (A) Owner, vehicle and engine information listed in sections 2025(r)(5) through 2025(r)(9). (B) Information listed in section 2025(r)(10) for the VDECS.76 (25) Reporting for Small Fleets. For fleets complying using the phase-in opt ion for small fleets of section 2025(h), the fleet owner must provide the followin g information about all vehicles in the fleet; (A) Owner information listed in se ctions 2025(r)(5) through (7); and (B) Until January 31, 2014, the vehicle information listed in sections 2025(r)(8) items (A) through(J) and st arting January 31, 2014, all the information listed in sections 2025(r)(8) through 2025(r)(10). (26) Reporting for Fleets Using Excess PM VDECS Credits. For fleets claiming Excess PM VDECS credi ts of section 2025(j)(2)(C), the fleet owner must provide the fo llowing information about the vehicles prior to January 1 of the compliance year in which they want to apply it: (A) Owner, vehicle and engine informati on listed in sections 2025(r)(5) through 2025(r)(9) for the vehicle that was retrofit. (B) Information listed in section 2025(r)(10) for the VDECS; (C) The fleet registration identification number for the Off-r oad regulation known as the diesel off-road online report ing system, or DOORS ID number.

(s) Record Keeping. (1) The owner of a fleet shall mainta in the following records specified in sections 2025(s)(3)(4) through 2025(s)(16)(1 4) as applicable. The owner shall provide these records to an agent or empl oyee of the ARB within five business days upon request. If the records will be kept outside California, the owner must also comply with section 2025(t). (2) The owner of a fleet subject to the reporting requirements of section 2025(r) shall maintain copies of the information repor ted under section 2025(r), as well as the records described in sections 2025(s)(3 )(5)(4) through 2025(s )(16) (14) below. (3) Motor Carrier or Broker (A) Bills of lading and other documentation id entifying the motor carrier or broker who hired or dispatched the vehi cle and the vehicle dispatched. (4)(3) School Buses Schoolbus Fleets and Sub-Fleets (A) The owner of a schoolbus fleet or a sc hoolbus sub-fleet shall maintain copies of the information reported under section 2025(r)(14) and the records specified in section 2025(s) as applicable. (A) Fleet owners of school buses shall maintain records of all the information specifiedlisted in sections 2025(r)(7) through 2025(r)(10). (B) Fleet owners using the downsize credits of section 2025(k)(2) must maintain records of all the information specif iedlisted in sections 2025(r)(7) through 2025(r)(10) for all school busesvehicles in the 2006 baseline fleet and for all school buses in the fleet on January 1 of the compliance year that were77 registered. Fleet owners Inform ation about vehicles registered on October 1, 2006 that are no longer in t he fleet do not have to have to keep report engine and VDECS informati on that is required inunder sections 2025(r)(9) and 2025(r)(10) for school buses registered on October 1, 2006 that are no longer in the fleet. (C) Fleet owners using the PM credits for replacement buses of section 2025(k)(4) must maintain records of all the information specified in sections 2025(r)(7) through 2025(r)(10) for all the buses that were replaced with buses receiving the credit and the buses to be treated as compliant. (D)(C) Fleet owners with low-use buses must maintain records of all the information specifiedlisted in secti on 2025(r)(12) for each low-use bus. (E)(D) Fleet owners must comply with record keeping requirements for VDECS failures and maintenance as required in sections 2025(s)(10) and 2025(s)(14). (4) Motor Carrier or Broker (A) Bills of lading and other documentation id entifying the motor carrier or broker who hired or dispatched the vehi cle and the vehicle dispatched. (5) Agricultural Fleets (A) Fleets utilizing the agricultural fleet provision must keep and make available upon request proof that all agricultural vehicles were used exclusively in agricultural operations. This may include records used to support proof to other governmental agencies that the primary business function was agricultural. Such documentation may include IRS or Board of Equalization tax forms or bills of lading. (B) Records must be maintained for each agricultural vehicle demonstrating that the vehicle was operational, functional and capable of performing the duty for which it was designed. This coul d include maintenance records, mileage records, or licensing records, emissions testing records, or any other source of data approved by the Executive Officer. (C) The agricultural fleet owner must keep bills of lading for delivery of fertilizer or crop protection products by an agricultu ral vehicle to a fa rm. Such records must demonstrate that the operation of the vehicle for the preceding calendar year was used exclusively to deliver such products to farms. (D) Proof of transference of ownership of any low or limited-mileage qualifying agricultural vehicles that is added to or removed from the fleet. (E) Proof of ownership of the vehicles includ ing title, registration, or bills of sale. (6) Proof of Operation – Owners of fleets must keep re cords showing that any vehicle used to demonstrate compliance using the phase-in options of section 2025(h) and section 2025(i) wasunder section 2025( g) or section 2025(h) operated in California for that applicable compliance ye ar. Records could include IRP records, GPS tracking records, or DMV or law enforcement permits.78 (7) Fleets that have Downsized or have added newer engines early Claiming Retirement Credit – Fleets utilizing the credit relie f for fleets that have downsized provision of section 2025(j)(1)(i)(5) claiming retirement credit as defined in 2025(k) or the credit for the early addition of newerengines of section 202 5(j)(3) must keep the following records at the business office or terminal location identified in the reports filed with the Executive Officer: (A) For all vehicles in the fleet on October 1, 2006; a, (A)1. Copy of the retired vehicle’s registration; or (B)2. Copy of the vehicle’s ownership documentation; and 3. Copy of documentation of the engine model year and engine family (only if reported for claiming credit for the ear ly addition of newer vehicles); and 4. If not registered with the California D epartment of Motor Vehicles, proof that the vehicles in the fleet drove at leas t 1,000 miles in California in the year 2006. (C) Copy of the bill of sale showing the date the transaction occurred of the retired vehicle or any form of vehicle transference approved by the Executive Officer. (D) All documentation related to any change in business form such as a change from a sole proprietorship to partnership, partnership to corporation, etc. (B) For all vehicles in the fleet on January 1 of the compliance year: (C)1. A copy of the certificate of non-operation filed with the Department of Motor Vehicles or equivalent document ation from the st ate, providence, or country where the vehi cle is registered.; and (D)2. If scrapped in the previous year , a copy of a nonrepairable vehicle certificate issued from the California Department of Mo tor Vehicles or equivalent documentation fr om the state, providenc e, or country where the vehicle is registered. ; or (E) If not registered with the California D epartment of Motor Vehicles, proof that all retired vehicles in the fleet drove at least 1,000 miles in California in the year 2006. (8) Changes Since the Last Reporting Period – (A) For fleets complying using any of t he compliance options other than section 2025(f) or 2025(g), must keep documentation of Document any additions, deletions, or changes to the fleet sinc e the last reporting . Documentation may include bills of sale, purchase or ders, maintenance records, registration information, or other documentation. (B) For each vehicle removed from the flee t, a copy of the bill of sale, or other documentation showing transference of ownership from the former owner and the current owner and t he date of the transacti on or any other form of vehicle transference approved by the Executive Officer.79 (9) Electronic Tracking – For fleets using electronic tracking systems as defined in section 2025(d)(26)(21) summary and det ailed records must be kept at the business office or terminal location for the fleet. The records must provide; (A) Vehicle identification number of the vehicle being tracked; (B) Monthly and annual milea ge accrued in California; (C) Monthly and annual mileage accrued in the NOx Exempt Areas if claiming the vehicle operates exclusivel y in NOx-exempt areas, and (D) Monthly and annual hours of engine operat ion accrued in California except for vehicles that do not use PTO to perform work in a stationary mode. (10) VDECS Failure – Maintain records of any VDECS failure and replacement including:. (A) Date of failure; (B) Description of failure; (C) Description of resolution of failure; and (D)(B) Date of resolution of failure; (E) Past VDECS maintenance records; and (F) Past engine maintenance records. (11) Fuel-based Strategy – Documentation of any approval from ARB Executive Officer to use a fuel strategy as in section 2025(q)(3) and the most recent two years’ worth of records of purc hase that demonstrate usage. (12) Experimental Diesel Emission Control Strategy – For fleets using an experimental diesel PM control strategy, record of appr oval from the Executive Officer for use of the experimental diesel control strategy, the test plan and test data used in the experimental diesel control strategy application, and otherrecords as specified in the approval. (13) Manufacturer Delay – For any vehicle or VDECS for which the fleet owner is utilizing the equipment manufacturer delay pr ovision in section 2025(p)(810), proof of purchase, such as a purchase order or signed contract for the sale, including engine specifications for each applicab le piece of equipment or vehicle. (14) Maintenance of VDECS Records (A) VDECS Documentation. For each engine requiring a VDECS to comply with the regulation, the ownershall keep the following documentation in the vehicle and provide it upon request to an agent or employee of the ARB.: 1. A statement signed by the installer at the time of installation of the VDECS affirming that the installa tion was performed by anVDECS was installed by an authorized inst aller authorized by the VDECS manufacturer; and, providing the following information for each engine: 2. a. The name of the pers on installing the device,; 3. b. The date the device was installed,;80 4. c. Type Description of VDECS installed,; 5. d. VDECS Manufacturer; 6. 5. e. VDECS family name,;

7. 6. f. Serial number of installed VDECS,; and 8.7. g. Its verification Verification le vel and year of verification of the installed VDECS. (15) Emergency Support Vehicles – Fleet owners of emergency support vehicles utilizing the provisions of section 2025( p)(1), 2025(p)(2) or 2025(p)(4)(3) shall keep records to document dispatch by a lo cal, state, or federal agency or other responsible emergency managem ent entity as approved by the Executive Officer. (16) Low-use Vehicles – Fleet owners of low-use vehi cles that exc eed 1,000 miles per year shall; (A) Keep records of electronic tr acking per section 2025(s)(9), (B) Keep records of dates and the odometerreadings when the vehicle leaves and returns to California to demonstrat e that no more than 1,000 miles per year was driven in California. (17) Fleets that are claiming cr edit for early PM retrofits shall maintain records with the below information; (A) The bill of sale with date of purchase or order. (B) The total amount of the purchase and the amount of down payment if not fully paid at the time of purchase. (C) Work Order or equivalent with the completion date.

(t) Audit of Records

The vehicle owner must make records availabl e to ARB at its request for audit to verify the accuracy of the records. In the event the records are not made available within 30 days of the request, the ARB may a ssess penalties for non-compliance.

(u) Record Retention The fleet owner or responsible person sha ll maintain the records for each vehicle subject to the reporting and record keeping r equirements of sections 2025(r) and (s) for 3 years after it is retired, and for the overall fleet, for as l ong as the owner has a fleet, or January 1, 2025, whichever is ear lier. If fleet ownership is transferred, the seller shall transfer the fleet records to the buyer. Deal ers must maintain records of the disclosure of regulation applicability required by sect ion 2025(w) for three years after the sale.

(v) Right of Entry For the purpose of inspecting vehicles subjec t to this regulation and their records to determine compliance with this regulatio n, an agent or empl oyee of ARB, upon81 presentation of proper credentials, has the right to enter any facility (with any necessary safety clearances) where vehicles are lo cated or vehicle re cords are kept.

(w) Disclosure of Regulat ion Applicability Any person residing in California selling a vehicle with an engine subject to this regulation must provide the follo wing disclosure in writing to the buyer on the bill of sale, sales contract addendum, or invoice, “An on-r oad heavy-duty diesel or alternative-diesel vehicle operated in California may be subj ect to the California Air Resources Board Regulation to Reduce Particulate Matter and Cr iteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It therefore could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the Californi a Air Resources Board website at http://www.arb.ca.gov/dieseltruck.”

(x) Compliance Requirement. (1) The vehicle owner shall comply with all applicable requirements and compliance schedules set forth in this regulation. (2) Any in-state or out-of-state motor carri er, California broker, or any California resident who operates or directs the operat ion of any vehicle subject to this regulation shall verify that each hired or dispatched vehicle is in compliance with the regulation and comply with the reco rd keeping requirements of section 2025(s)(4). (3) Compliance may be accomplished by keepi ng on site at the business location, a copy of the Certificate of Reported Compliance with the In-Use On-Road Diesel Vehicle Regulation for each fl eet, or in the vehicle. (4) Any contract that a lessor and lessee ent er into that has an effective date of January 1, 2010 or later shall clearly specify whether or not the leased vehicle is to be excluded from the lessor’s fleet for the duration of the lease, or the responsibility will be that of the lessee.

(y) ARB Certificate of Reported Compliance After the required reporting and compliance certification are received by ARB staff, ARB will provide the fleet with a Certificate of Reported Comp liance with the In-Use On-road Diesel Vehicle Regulation. ARB staff will also post on the website for this regulation the name and motor carrier number for fleet s that have reported compliance.

(z) Non-Compliance. Any person who fails to comply with the gener al requirements of th is regulation, who fails to submit any information, report, or st atement required by this regulation, or who knowingly submits any false statement or repr esentation in any application, report, statement, or other docu ment filed, maintained, or used for the purposes of compliance with this regulation may be subject to civil or criminal penalties under sections 39674, 39675, 42400, 42400.1, 42400.2, 42402. 2, and 43016, of the Health and Safety Code. In assessing penalties, the Executive Officer wil l consider factors, including but not82 limited to the willfulness of t he violation, the length of ti me of noncompliance, whether the fleet made an attempt to comply, and the magnitude of noncompliance.

(aa) Severability If Aany subsection, paragraph, subparagraph, s entence, clause, phrase, or portion of this regulation is, for any reason, held invali d, unconstitutional, or unenforceable by any court of competent jurisdicti on, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the regulation.

Note: Authority Cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2., 42410, 43013, 43016, 43018, 43023, 43600, California Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400. 2, 42402.2, 42410, 40717.9, 43013, 43016, 43018, 43023, 43600, and 43701(b), California Health and Safety Code.83 APPENDIX A

Table A-1 PM Emissions Factors by Engine Model Year (g/mile)

Engine Certification Standard Model Year Medium Heavy-Duty Diesel Vehicle (MHD) Heavy Heavy-Duty Diesel Vehicle (HHD)

Pre-1991 1.65 3.36 1991-1993 0.84 1.25

1994-2006 0.43 0.81 2007-2009 

### * 0.06 0.11 2010 and newer 

### * 0.06 0.11

* If the engine is not equipped by the manufactu rer with a diesel part iculate filter, use

the emission factor fo r the 1994-2006 model years

Table A-2 NOx Emissions Factors byEngine Model Year (g/mile)

Engine Certification Standard Model Year Medium Heavy-Duty Diesel Vehicle (MHD) Heavy Heavy-Duty Diesel Vehicle (HHD)

2003 and older 14.2 22.0

2004-2006 6.7 12.0 2007-2009 4.0 7.0 2010 and newer 0.8 1.6