ATTACHMENT 1 

15-Day Modifications to the Original Proposal 

MODIFICATIONS TO THE PROPOSED AMENDMENTS TO THE 

REGULATION TO REDUCE EMISSIONS OF DIESEL PARTICULATE 

MATTER, OXIDES OF NITROGEN AND OTHER CRITERIA 

POLLUTANTS, FROM IN-USE HEAVY-DUTY DIESEL-FUELED 

VEHICLES. 

Shown on the following pages are the proposed modifications to the originally proposed 

regulatory text set forth in Appendix A to the Staff Report: Initial Statement of Reasons, 

which was released October 28, 2010. All originally proposed regulatory language is 

shown in underline to indicate additions and strikeout to indicate deletions. The 

proposed modifications to the original proposal are shown in double underline to 

indicate additions and double strikeout to indicate 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 Emissions of Diesel Particulate Matter, 

Oxides of Nitrogen and Other Criteria Pollutants, from In-Use 

Heavy-Duty Diesel-Fueled Vehicles 

(a) Purpose. 

The purpose of this regulation is to reduce emissions of diesel particulate matter (PM), 

oxides of nitrogen (NOx) and other criteria pollutants, and greenhouse gases from inuse diesel-fueled vehicles. 

(b) Scope and Applicability. 

(1) 

Except as provided in subsection (c), this regulation 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 California. The regulation 

also applies to persons that sell affected vehicles in California. Affected vehicles are 

those that operate on diesel-fuel, dual-fuel, or alternative diesel-fuel that are registered 

to be driven on public highways, were originally designed to be driven on public 

highways whether or not they are registered, yard trucks with on-road engines or yard 

trucks with off-road engines used for agricultural operations, both engines of two-engine 

sweepers, schoolbuses, and have a manufacturer’s gross vehicle weight rating (GVWR) 

greater than 14,000 pounds (lbs). Affected vehicles 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 collection vehicle rule commencing with title 13, 

CCR, section 2021; 

(2) Vehicles On-road diesel-fueled heavy-duty vehicles over 14,000 poundsowned or 

operated by a municipality, as defined in title 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 mobile cargo handling equipment 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 described in California Vehicle Code (Veh. 

Code), section 165; 

(7) Off-road vehicles equipped with engines subject 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, section 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 personal use, non-commercial, or nongovernmental use.; 

 (13) Except for two-engine 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 specialized 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 prior 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 diesel engine that is equipped with a 

verified diesel emissions control strategy (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 Department of Motor Vehicles, or were 
3 

owned by a fleet, registered to operate on October 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 fleet 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 Registration 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 emissions 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 prior model year heavy-duty diesel engine 

emissions standard that is equipped with the highest level VDECS and 

reduces NOx exhaust emissions by at least 70 percent; or 

 (A) An engine certified to the 2003 or prior model year heavy-duty diesel engine 

emissions standard that is equipped with a VDECS that reduces NOx 

exhaust emissions by at least 70 percent; or 

(B) An engine certified to the 2004 through 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 highest level VDECS that reduces PM 

emissions and reduces NOx exhaust emissions by at least 40 percent; or 

(C) A 2004 model year NOx emissions equivalent heavy-duty diesel engine, as 

defined in section 2025(d)(1)(A), that is equipped with a VDECS that reduces 

NOx exhaust emissions by at least 40 percent. 

(D)(C)(D) An engine certified to the 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 VDECS that reduces NOx 

exhaust emissions by more than 85 percent; or 

(B)(C) An engine certified to the 2007 model year heavy-duty diesel engine 

emissions standard that meets PM BACT and that is equipped with a VDECS 

that reduces NOx exhaust emissions by more than 70 percent; or 

(C)(D) An engine certified to the 2010 model 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 NOx emissions level 

and 0.01 g/bhp-hr or less PM emissions level; or 

(E)(F) An off-road engine certified to the Tier 4 Final engine emissions standard. 

(5)(4) “Agricultural Operations” means: 

(A) The activity of growing or harvesting crops for the primary purpose of making 

a profit or providing a livelihood including any horticultural, viticultural, 

aquacultural, forestry, dairy, livestock, poultry, bee or farm product. Raising 

plants at nurseries that sell exclusively 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 involves disturbance of soil or burning of 

vegetation following forest removal activities. Forest operations include the 

cutting or removal of trees, tops, limbs and or brush which is processed into 

lumber and other wood products, and or for landscaping materials, or 

biomass for electrical power generation. 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 requirements 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 rented or leased out, or vehicles used in a 

transportation business. 
5 

(B)(A) A vehicle, or truck-tractor and trailer 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 or forestry operations, which may 

includeing supply trucks, cattle trucks, and other vehicles; or but does 

not include vehicles that do not directly 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 harvested 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 trailer 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 combination, that is required to 

display a hazardous material placard during delivery and exclusively delivers 

fertilizer or crop protection chemicals that require placard identification for 

use in agricultural operations from a distribution center to a farm and back, 

and is owned by a business holding a valid 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 Regulation as required under Food & 

Agricultural Code, Division 6, Chapter 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 Department 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, PART 173.136 Class 8,; or 

e. 49 CFR, CHAPTER 1, PART 173.140 Class 9.
6 

(B) A vehicle, or truck-tractor and trailer combination, owned by a farming 

business and used exclusively in agricultural 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 farming 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 trailer 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 exclusively 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 horticultural, 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 occurs after harvest. Also included are 

trucks that are used to harvest crops for silage, and trucks that transport 

unprocessed agricultural materials from forest 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., recalibration of the engine fuel control) that 

may enhance performance. Examples of alternative diesel fuels include, but are 

not limited to, biodiesel, Fischer-Tropsch fuels, and emulsions of water in diesel 

fuel. Natural gas is not an alternative diesel fuel. An emission control strategy 

using a fuel additive will be treated as an alternative 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 the 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 combination is mixed than required for a 

single fueling of a single 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 combination 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 arrange 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 legally 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 or maintained for a total of 45 days or 

more in any 12-month period, and where crops, 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 stockholders 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 shall 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 similar to the theoretical diesel combustion 

cycle. The regulation of power by controlling fuel supply in lieu of a throttle is 

indicative of a compression 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 control technology that 

reduces diesel particulate matter emissions by directing the exhaust through a 
8 

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 process called regeneration. 

(21)(18) “Diesel Particulate Matter (PM)” means the particles found in the exhaust 

of diesel-fueled compression ignition engines. Diesel PM may agglomerate and 

adsorb other species to form structures 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 order 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 operate on a combination of alternative 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 the 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, with 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 collected by an independent entity with no 

business relationship to the owners of the vehicles being tracked, 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 immediate threat to 

public health or safety. Examples of emergency 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 travel to and from an emergency event 

when dispatched by a local, state, or federal 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 of nitrogen (NOx) emission rate in 

grams per mile (g/mile) as shown in Appendix 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 level 3 VDECS; the NOx Emission Factor is 

reduced by the percentage NOx emission reductions 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 location, (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 for profit, either as owner or tenant or a 

business contracted to harvest trees in a forest for profit. A farming business does 

not include businesses that derive 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 basis, or are engaged in the business of 

artificial insemination, raising, and caring 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 their products, such as wool, milk, or eggs, 

are first altered from their original state, or the first location where unaltered 

products are packaged and prepared for transportation. First point of processing 

is not a location of the product’s final use 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 agricultural waste in the form of unprocessed 

agricultural materials. A first point of processing may include, but is not limited to, 

packinghouses, slaughterhouses, cotton gins, nut hullers/shellers and processors, 

dehydrators, lumber mills, feed and grain mills, and biomass facilities. First point 

of processing does not include distribution centers, wholesale retail sales locations 

where the first processing of product does not occur, livestock auction houses, and 

subsequent locations where processing, canning, 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 and subject to this regulation. A fleet 

may fall into one of the following subclassifications: 

(A) “Agricultural Fleet” means a fleet utilizing the agricultural fleet provision in 

section 2025(m). A fleet owner utilizing the agricultural fleet provisions must 

include all vehicles under common ownership or control in the agricultural 

fleet including those vehicles that are not agricultural vehicles. Fleets not 

utilizing the agricultural fleet provision 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 departments, divisions, public corporations, 

or public agencies including the United States Postal Service. With respect 

to the Department of Defense and its service branches, federal fleets may be 

managed regionally, locally, or a combination of regional and local 

management. There may be multiple federal 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 California Uniform Commercial Code, section 

10103(a)(10) such vehicles to other persons (renters or lessees) for use or 

operation. 

(D) “Schoolbus Fleet” means a fleet comprised only of vehicles that meet the 

definition of schoolbus given 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 of three 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 the owner or lessee of a vehicle by the 

California Department of Motor 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 entity 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 for 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 regulation and neither the operator of the 
11 

vehicle nor the rental or leasing 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 whether the vehicles operate in 

California, that are under common ownership or control even if they are part of 

different subsidiaries, divisions, or other organizational structures 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 recapture of energy when the vehicle 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 any other 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 districts, or any other public entity with 

taxing authority. 

(33) "Gross Vehicle Weight Rating (GVWR)" is as defined in Vehicle Code Section 350. 

“GVWR” means gross vehicle weight rating which is the weight specified by the 

manufacturer as the maximum loaded weight of a single vehicle. 

(38)(34) “Heavy-Duty Pilot Ignition Engine” means an engine designed to operate 

using an alternative fuel, except that diesel 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 operate 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 vehicle having a manufacturer's gross vehicle 

weight rating greater than 33,000 pounds or a truck-tractor regardless of GVWR., 

or a motorcoach. 

(40)(35) “Highest Level VDECS” means the highest level VDECS verified by ARB 

under its Verification Procedure, Warranty and In-Use Compliance Requirements 

for In-Use Strategies to Control Emissions from Diesel Engines (Verification 

Procedure), title 13, CCR, sections 2700-2710, for a specific engine as of 

10 months prior to the compliance date, which the diesel emission control strategy 

manufacturer and authorized diesel emission-control strategy dealer agree can be 
12 

used on a specific engine and vehicle combination without jeopardizing the original 

engine warranty in effect at the time of application. 

(A) The highest level VDECS is determined solely on verified diesel PM 

reductions. Plus designations do not affect the diesel PM level assigned to a 

VDECS; that is, a lLevel 3 Plus is the same diesel PM level as lLevel 3. 

(B) A Level 2 VDECS shall not be considered the highest level VDECS as long 

as a lLevel 3 VDECS can be retrofitted on a vehicle in the fleet. 

(C) Level 1 devices are never considered highest level VDECS for the purpose 

of this regulation. 

(41)(36) “Historic Vehicle” means a vehicle that has met meets the qualifications 

qualifies for and has a historical vehicle 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 historical exhibition or 

other historic vehicle club activities. 

(37) “Hubodometer” means a non-resettable device mounted 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 systems 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, hydraulic, pneumatic or of any other 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. 

(43)(38) “International Registration Plan (IRP)” is a registration reciprocity 

agreement among states of the United States and provinces of Canada providing 

for payment of license fees on the basis 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 calendar year, based on the model year of 

the installed engine or any vehicle that replaces a limited-mileage 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 that is operated fewer than 20,000 

miles; or 

(C) A 2006 or newer model year engine that 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 permanently 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-mileage vehicle per section 2025(m) (7)(B). 

(46) “Low-use Schoolbus” means a schoolbus whose propulsion 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. Such vehicles must have a properly 

functioning odometer installed at all times but are not required to have an hourmeter. 

(40) “Low Mileage Construction Truck” means a vehicle that meets the definition 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 designed to transport construction materials 

such as dirt, asphalt, rock or construction debris including a transfer truck, or 

a tractor trailer combination used exclusively to pull bottom dump, end dump 

or side dump trailers, or 

(B) A truck with a GVWR greater than 26,000 lbs that travels less than 15,000 

miles per calendar year and is a concrete mixer truck, truck with a concrete 

placing boom, a water tank truck, a single engine crane with a load rating of 

35 tons or more, a tractor that exclusively 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 while stationary, the engine 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 loads 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 limitations 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 manufacturer'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 designed 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 comprised entirely of schoolbuses school 

buses, which for the purposes of this regulation, means the registered owner, 

lessee, licensee, school district superintendent, 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 completed vehicle or a vehicle that exclusively 

tows a trailer that was originally designed 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 into California for the 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 manufactured 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, Santa 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 meeting 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 compliance 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 2025(h)(2)(B) means an indicator of a 

fleet’s overall NOx emission rate. 

(58) “NOx Mileage Exempt Vehicle” is exempt from meeting NOx BACT in 

sections 2025(f) or (g), or the NOx fleet 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 that has a power take off system to 

perform work in a stationary mode, or a diesel yard truck that is operated 

fewer than 7,500 miles and less than 250 hours per year; 

(B) A medium heavy-duty diesel vehicle that has a power take 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 stationary 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 stationary mode and is operated fewer than 

5,000 miles per year, with 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 show compliance 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 contributors to smog formation and acid 

deposition, and to the formation of particulate matter. 

(61)(46)(47) “Person” means an individual, corporation, business trust, estate, trust, 

partnership, Limited Liability Company, association, joint venture, government, 

governmental subdivision, agency, or instrumentality, 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 originally equipped with an original equipment 

manufacturer (OEM) diesel particulate filter 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-road 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 requirements to be driven safely on-road in 

“Equipment of Vehicles” requirements in Veh. Code division 12, chap. 1, 

sections 24000 et seq. and “Size, Weight, 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 proprietorship: a general partner or the proprietor, 

respectively; or 

(C) For a municipality, state, federal, or other governmental agency: either a 

principal executive officer or ranking elected 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 operations of a principal 

geographic unit of the agency (e.g., a Regional Administrator of the 

U.S. EPA). For the purposes of the Department of Defense Military Services, 

a commanding officer of an installation, base or tenant organization. 

(66)(51)(52) “San Joaquin Valley Air Basin” includes the entire counties of San 

Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, and Kings and western part 

of Kern County as described starting page 23888 of the Federal Register Vol. 69, 

No. 84. 

(67)(52)(53) “Schoolbus School Bus” is a motor vehicle as defined in California Veh. 

Code, section 545. 

(68) “Shuttle vehicle” means a diesel-powered motor vehicle 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 airport 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 following body types and hasthat have been 

approved for the exemption underin section 2025(m)(8)(10)(11) by the Executive 

Officer: 

(A) A truck, or a truck-tractor and trailer combination, designed or modified to be 

used exclusively for the fueling, repairing, or loading of an airplane or 

helicopter used for the dusting, spraying, fertilizing, or seeding of crops; 

(B) A truck, or a truck tractor and trailer combination, that 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 agricultural operations to provide dust 

suppression on dirt roads providing access to agricultural fields and for the 

transportation of water for crop or tree irrigation or for livestock; or 
17 

(D) A feed truck or mixer-feed truck, specially designed for dispensing feed to 

livestock. It does not include trucks designed to supply storage silos with 

feed. and is used exclusively at a cattle or calf feedlot. It does not include a 

feed truck or mixer-feed truck used at dairies or other locations other than 

cattle and calf feedlots. 

(E) A truck with a self-loading bed designed to be used in the process of 

harvesting lettuce. This type of vehicle 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 consecutive days without meeting the requirements 

of section 2025(e).provided that prior to entering California the vehicle owner has 

reported the information required in sections 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 Regulations (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 title 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 the 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-road 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 two-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 similar function with a 2007 NOx equivalent 

emissions engine or cleaner is not available, and 

(B) a used suitable cab and chassis upon which the truck bed could be mounted 

is not available, and 

(C) a verified NOx emissions control device 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 by a privately-owned or 

publicly held company or corporation that provides the same or similar services for 

water, natural gas, and electricity as a public 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 Verification Procedures. VDECS can be 

verified to achieve lLevel 1 diesel PM reductions (25 percent), lLevel 2 diesel PM 

reductions (50 percent), or lLevel 3 diesel PM reductions (85 percent). VDECS 

may also be verified to achieve NOx reductions. 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 verified. Such condition could be due to 

inappropriate installation, damage, or deterioration during 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. Yard trucks are also known as yard goats, 

hostlers, yard dogs, trailer spotters or jockeys. 

(e) General Requirements 

Beginning with the applicable effective dates, 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 must meet the following compliance 

schedule: 

(1)(A) Starting January 1, 2015, fleets must meet the requirements 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, fleets 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 all 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 option 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 with 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 must comply with the 

requirements of section 2025(l)(4). 

(6)(4) Beginning January 1, 20232017, fleets with drayage trucks 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 the credits provisions of section 2025(j), the provisions of 

agricultural vehicles and log trucks of section 2025(m), the provisions for 

construction trucks, vehicles operating exclusively 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 comply with section 2025(i), the fleet owner must 

comply with the best available control technology (BACT) requirements of 

section 2025(f) or the BACT percentage limits of section 2025(g) or the fleet 

average requirements of section 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 defined 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 vehicles, excluding the schoolbus sub-fleet, 

must comply with the requirements of section 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 exempt from meeting NOx BACT in 

sections 2025(f) or (g), or the NOx fleet average in section 2025(h). 

However, the owner may not use non-schoolbus vehicles to satisfy the 

schoolbus sub-fleet requirements of section 2025(j). 

(4) Requirements for Drayage Trucks and Utility Vehicles 

Starting in January 1, 2021, all drayage truck and utility vehicle owners must comply 

with the BACT requirements of section 2025(f). 

(5)(9)(6) Although the total number of vehicles under common ownership or control 

is determinative of fleet size, if some of the vehicles within the fleet are under the 

control of different responsible officials because they are part of different 

subsidiaries, divisions, or other organizational 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 requirements of section 2025(g) or the phasein option of section 2025(h)(i) or the BACT percentage limits requirements of 
20 

section 2025(g) for the segment of the fleet under the control of the different 

responsible officials. However, all vehicles under common ownership and control 

must be reported for the fleet to use the credits for fleets 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 requirements 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 limits option of section 2025(g), the fleet 

averaging option of section 2025(h), the optional requirements for small fleets of 

section 2025(i), the agricultural provisions of section 2025(m), the retired vehicle 

provisions of section 2025(k), or the exemptions or credits of sections 2025(p)(1), 

(2), (9), and (10): 

(10)(7) Except personal, non-commercial, unregistered motor vehicles, or 

vehicles otherwise not required to obtain 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 option of section 2025(h), 2025(i),; the credits 

provisions of section 2025(j) for early PM retrofits, early addition of newer vehicles, 

hybrids vehicles, and alternative fueled vehicles, and vehicles with heavy-duty pilot 

ignition engines, of section 2025(j), the agricultural vehicle provisions of 

section 2025(m), or the exemptions, delays, and extensions provisions of 

sections 2025(p): 

(A) 

(A)1. A valid California motor 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 number issued by the Public Utilities 

Commission,; or 

(D)4. Other applicable valid operating authority number approved by the Executive 

Officer. 

(B) this requirement does not apply to personal, non-commercial, 

unregistered motor vehicles, or vehicles otherwise not required to 

obtain operating authority numbers as described in section (e)(7)(A) 

above. 

(8) A vehicle that is exempt from meeting the NOx BACT sections 2025(f) or the 

percent limits in section 2025(g), or the NOx fleet average 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 that 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 reporting 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 vehicles with a GVWR 26,000 lbs or less must 

be equipped with a 2010 model year emission equivalent engine pursuant to the 

following schedule in Table 1: 

Table 1: Best Available Control Technology Compliance Schedule 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 requirements of all prior years shown in the 

schedule. A 2007 model year emissions equivalent engine complies with the 

BACT requirements until January 1, 2023. 

(3) There are no reporting requirements for vehicles with a GVWR 26,000 lbs or less 

except as identified in 2025(f)(4) below. 

(4)(2) Any engine vehicle that meets PM BACT 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 sections 2025(r) and (s) for the vehicle. 

(3) Fleets may use the provisions for agricultural vehicles in section 2025(m) or any of 

the exemptions, delays, and extensions 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 year 
22 

emissions equivalent engines until January 1, 2023, but must meet the reporting 

and record keeping requirements of sections 2025(r) and 2025(s) by 

January 31, 2014 for all the vehicles in the 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 meet 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 requirements of this section the fleet is exempt 

from the reporting requirements of section 2025(e)(11). A fleet may meet PM BACT by 

installing the highest level VDECS or withby having an engine a vehicle 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, retrofitting the engine with a VDECS that 

achieves 2010 model year equivalent emissions, or by replacing 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 engine or emissions 

equivalent engine emissions pursuant to the schedule set forth in Table 2 below. 

Table 2: Best Available Control Technology Compliance Schedule 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 requirements of all prior years shown in the 

schedule. A 2007 model year emissions equivalent engine complies with the 

BACT requirements until January 1, 2023. 

(3) From January 1, 2012 until 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 January 1, 2015, this option expires 

and the fleet must comply with general requirements of section 2025(e). 

(E) Fleet owners choosing this option 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 inrequirements of Table 2 belowabove. To use the 

exemption, Ffleet owners choosing this option must comply 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 model year or newer engines. 

(h) Small Fleet Compliance OptionPhase-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 size of one to three vehicles with a GVWR 

greater than 14,000 lbs that allows the fleet to may alternatively 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 requirements of section 2025(s) starting January 1, 

2012 and must meet the reporting requirements as specified below to utilize this option. 

delay meeting the PM BACT requirements until January 1, 2014 and the 2010 engine or 

equivalent emissions requirement until January 1, 2020. This option applies only to 

vehicles in the fleet with a GVWR 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 three 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, all vehicles in the fleet must comply 
24 

with the 2010 engine or equivalent emissions 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 model year engines that do not meet 

PM BACT by January 1, 2013, must comply with the reporting requirements of 

section 2025(r) starting January 31, 2013. 

(6)(5) All Ffleet owners using this provision 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 divisions 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 extensions in section 

2025(m) and 2025(p). 

(9) Fleets may use the extension based on the 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 vehicles with a GVWR greater than 26,000 lbs 

provides fleets with an alternative compliance 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 schedule 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 number 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 contributed to the purchase of the vehicle, repower 

or the engine, or retrofit of athe engine 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 number of vehicles in accordance with the 

funding program guidelines., nor shall the engine be included in the total fleet for 

purposes of determining the percent 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, delays, and extensions 

of sections 2025(p). 

(6) Fleets may use the extension based on unavailability of highest level VDECS of 

section 2025(p)(9) for all engine model years. 

(5) Relief for Fleets that have Downsized 

This credit is only available to fleets utilizing the phase-in option. Until 

January 1, 2016, a fleet that has fewer vehicles with a GVWR greater than 26,000 

lbs operating in the compliance year than in the 2006 baseline fleet may claim a 

reduced requirement for the compliance year. 

(A) Until January 1, 2014, the fleet may reduce the percent requirement in 

Table 3 by the same percent that the fleet was downsized. For example, a 

fleet that is 20 percent smaller than it was in 2006 would be able to subtract 
26 

20 percent from the annual compliance requirement. If the compliance 

requirement for the year is 30 percent, the fleet would need to demonstrate 

that it had PM filters on the 10 percent of the existing 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 for the entire compliance year and 

a. Either a planned non-operation certificate that has been filed with 

the DMV or a certificate of non-operation or, 

b. An equivalent certificate filed with another state prior to the 

beginning of the compliance year; or 

2. The vehicle is not operated for any other purpose during the 

compliance year except to demonstrate functionality of the vehicle to 

potential buyers, to move the vehicle short distances for maintenance, 

or to a storage facility while awaiting sale. 

(C) Any fleet utilizing this provision must comply with the reporting requirements 

of section 2025(r)(13) and report information for all vehicles in the 2006 

baseline fleet. 

(E) The credits are not transferrable except with appropriate documentation of a 

change of business form such as sole proprietorship to partnership or 

partnership to corporation, or for mergers or acquisitions of the entire 

company and fleet. 

(F) For purposes of determining the number of 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 reduce the number of vehicles with a GVWR 

greater than 26,000 lbs that must meet the PM BACT requirements in the phase-in 

option of section 2025(i) as described in items (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 with 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 option of section 2025(i) for that year. 

(A). The fleet owner may reduce the percent 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 compliance requirement. That is, if the 
27 

compliance requirement for the year is 30 percent, the fleet would only need 

to demonstrate that 10 percent of the existing fleet (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 for the entire compliance year and 

a. Either a planned non-operation certificate that has been filed with 

the DMV or a certificate of non-operation or, 

b. An equivalent certificate filed 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 functionality 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 vehicles and report information for all 

vehicles in the 2006 baseline fleet per section 2025(r)(13). 

(D) For purposes of determining the credit, all vehicles in the scope and 

applicability section 2025(b), except school 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 vehicles exempt from the regulation in 

section 2025(c) must be excluded. The number of vehicles calculated at 

the beginning of the compliance year will include vehicles that are partially 

paid for by state funds, all drayage trucks, and all on-road vehicles that are 

now subject to the title 13, section 2449. 

(1)(2) A fleet shall receive a credit to treat 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 credit for taking the following compliance 

action on a vehicle with a GVWR greater than 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 vehicle 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 also receive the same a credit for each 

vehicle for which if the highest level 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 requirements 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, Alternative 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 vehicle, 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 keeping 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 between 14,000 lbs and 26,000 lbs may also 

earn a credit if added to the fleet prior to July 1, 2011 and information is 

reported by January 31, 2012. Any alternative fueled engine or vehicle 

powered by a heavy-duty pilot ignition 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 credits granted in the Truck and Bus 

regulation may be used in the Off-road 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 number 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 VDECS in the fleet. Excess PM VDECS 

credits can be used in the Off-Road regulation 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 compliant in the compliance year when 

determining compliance with the phase-in option of section 2025(i). 

3. Fleets must meet the reporting requirements 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 addition of a vehicle that has a propulsion 

engine that is equipped with an OEM diesel particulate filter before 

January 1, 2012 if the average age of the propulsion engines in the fleet is newer 
29 

than it was in 2006. Until January 1, 2017, the credit can be applied towards 

meeting the PM BACT requirements of the phase-in option 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 credit 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 the exemption for low-use vehicles of 2025(p)(4 ) 

may be excluded in determining the credit. 

(B) The credit cannot exceed the percentage 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 meet 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 particular 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 remains operational in the fleet or if 

replaced within 30 days with a vehicle equipped with an engine that meets PM 

BACT and is at least one model year newer. 

(3) A fleet using the credits under this section must report the information required in 

section 2025(r) about the vehicle for which the compliance action has been taken 

and the vehicle to be treated as compliant. 

(5) Credits are not transferrable except with appropriate documentation of a change of 

business form approved by the Executive Officer such as sole proprietorship 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. 

(f) Best Available Control Technology (BACT) Requirements 
30 

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) must comply with the 

definitions for PM BACT, and NOx BACT as set 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 requirements of this section the fleet is 

exempt from the reporting requirements of section 2025(e)(9). 

Table 2: Best Available Control 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 provisions of this section must comply with the 

applicable requirements below and the reporting requirements 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 forth in Table 2. 

(3) If the calculated number of engines in each model year group required to be 

brought into compliance with the BACT percentage limits is not equal to a whole 

number, the owner shall round up to a whole number when the fractional part of 
31 

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 subject 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 requirements 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 was less than or equal to the calculated 

NOx Target Rate. 

NOx exempt vehicles, as defined in section 2025(d)(56)need not be 

included in the calculation of the NOx Index or the NOx fleet average for 

those years that the vehicle is exempt. 

(B) NOx Index: The following equation is to be used to calculate the 

 NOx Index. 

Total number of vehicles subject to the NOx requirements

Sum of EF Sum of EF Sum of EF

NOx Index (HHD)  (MHD)  (MC) 
32 

Where: 

EF(HHD) = The NOx emission factor as specified 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 defined 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 equivalent engines, for 

propulsion engines that have been retrofitted with VDECS, the NOx 

emission factor is reduced by the percentage NOx emission 

reductions that are verified. 2010 model year NOx emissions 

equivalent engines shall use the emissions factor for 2010 and newer 

engines in Table A-2 in Appendix A. 

2. The fleet owner may exclude 2010 model year engines equipped with 

a diesel particulate filter (DPF) from the fleet average calculation for 

any compliance year, and may exclude 2007 model year engines 

equipped with a DPF from the fleet 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 for each MHD vehicle subject to the 

NOx requirements. 

Target(MC) = The NOx target from Table 3 for 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 (HHD) (MHD) Sum of Target(MC)
33 

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 calculated PM Target Rate. 

(B) PM Index. The following equation is to be used 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 percent 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

Totalnumber ofvehiclessubjectothePMfleetaveraging

Sum ofPMEF SumofPMEF PM Index (HHD)  (MHD) 
34 

 PM Target Rate 

 Where: 

PMTarget(HHD) = The PM target (g/mile) from Table 4 for each HHD vehicle subject 

to the PM fleet averaging requirements. 

PMTarget(MHD) = The PM target (g/mile) from Table 4 for each MHD vehicle 

subject to the PM fleet averaging 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, small 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 requirements 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 requirement
35 

Beginning January 1, 2014, a fleet consisting 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, the fleet must have one 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 and the second vehicle in 

the fleet must meet the requirements 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 the fleet must have one vehicle 

equipped with a 2010 NOx emissions equivalent or newer 

engine and the second vehicle equipped with the highest level 

VDECS for reducing PM emissions; and 

b. By January 1, 2017, the second vehicle must meet the 

requirements of BACT in section 2025(f). 

(C) Fleets with Three Vehicles 

Fleets with three vehicles may meet the requirements of 1., 2., or 3. 2. 

below. 

1. a. Beginning January 1, 2014, the fleet must have one 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 and the other two 

vehicles in the fleet must meet the requirements of BACT in 

section 2025(f); 

b. Beginning January 1, 2019, all three vehicles in the fleet must 

be in compliance with the requirements of section 2025(e). 

2. a. Beginning January 1, 2014, the 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 VDECS 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 section 2025(f).from the PM and 

NOx requirements. 
36 

b. Beginning January 1, 2019, all three vehicles in the fleet must 

be in compliance with the requirements of section 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 manufactured before April 1, 1977, school buses less than 

26,001 lbs are exempt from the requirements of section 2025(k). 

(1) Phase-in Requirements for School Buses 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 comply with 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 Bus Fleets that have Downsized 

(A) Until January 1, 2014, a fleet having 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 percent 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 except with appropriate documentation of a 

change of business form such as sole proprietorship to partnership or 

partnership to corporation, or for mergers or acquisitions of the entire 

company and fleet. 

(3) Credits for Hybrid School Buses, Alternative 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 credit to treat another school bus in the 

fleet as compliant until January 1, 2014. A school bus with a dual-fuel engine is 
37 

not eligible. This credit is not available for school buses that were purchased or 

retrofitted to comply with any other California 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 by the guidelines of the program that funded the bus 

replacement or retrofit. 

(4) Credits for PM VDECS or Replacement 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 older 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 for 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 Executive 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 January 1, 2018, this extension expires 

and all school buses using this extension must be replaced with a vehicles 

that isare equipped with a 2010 model year 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 compliance extension is needed for each engine 

or engine-vehicle combination 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 explains why the warranty would be voided. 

(D) If no verified VDECS is commercially available, provide a list of VDECS 

manufacturers that have been contacted 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 offor 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 requirements of section 2025(k) in the current 

compliance year, and notify the Executive Officer of the change in status 

within 30 days of exceeding the mileage limit. 

(7)(6) Any school bus, with a GVWR greater 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 inspection from an authorized employee of 

the department of the California 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 meeting the definition in 

section 2025(d)(36) of a historic vehicle. 

(11)(10) Owners of school buses are subject to the record keeping requirements in 

section 2025(s)(3). 

(12)(11) Owners of school buses are subject to the applicable requirements of 

sections 2025(t) through 2025(z). 

(13)(12) Owners of school buses have the option 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 dates 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 schoolbus sub-fleet are exempt from meeting 

NOx BACT in section 2025(f), (g) and NOx fleet averaging 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 requirements of 2025(g) or the PM fleet 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 equipped with a diesel particulate filter by 

the engine manufacturer as original equipment 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 with an engine that can be retrofitted with the highest 
39 

level VDECS by January 1, 2018, subject 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 with 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 Technology 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 alternative fuel schoolbuses according to 

the provisions of sections 2025(p)(8) and (9), respectively. 

 (B) Low-use Schoolbuses 

1. Schoolbuses that meet the definition of a low-use schoolbus are 

exempt from the requirements of section 2025(j)(2) but the owner 

must keep records and meet the reporting 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 limits of section 2025(g) or when 

calculating PM fleet average indices or target rates for the fleet 

averaging option of section 2025(h)(3). 

3. Schoolbuses that formerly met the low-use schoolbus definition, but 

for which mileage subsequently increases to 1,000 miles or greater, 

must immediately meet the requirements of Table 5 above or 

section 2025(g) or (h) as required for the immediately preceding 

compliance deadline. 

(C) Schoolbuses that were retrofitted 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 vehicles, as defined in section 2025(d)(41) are 

not subject to the regulation. 

(9) Reporting Requirements for Schoolbus Fleets and Schoolbus Sub-Fleets 
40 

The owner of a schoolbus fleet or a schoolbus 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 averaging option of 2025(h)(3) or any 

of the special provisions in section 2025(p). 

(10) Schoolbus fleets and schoolbus sub-fleets 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 section 2025(i)(e) only if all drayage trucks 

in the fleet are included. Fleets must include all drayage trucks when complying 

with the phase-in option for large fleets of section 2025(i). 

(2)(B) Starting January 1, 20172023, all drayage 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 utility vehicle owners must comply with the 

requirements of section 2025(e). 

(k) Retired Vehicle Credit 

(1) Until January 1, 2014, a fleet may obtain 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). Any fleet utilizing the retirement credit 

provision must comply with the reporting 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 section 2025(g) credit 

will be given equal to a 2010 model year engine 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 target rates in fleet 

averaging 2025(h) the fleet shall use the following approach: 

(A) If the number of MHD vehicles 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 the 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 proprietorship to partnership or partnership to 

corporation, but not for mergers, acquisitions, sales or purchases. 

(l) Requirements for Motorcoaches 

Motorcoaches are exempt from meeting NOx BACT in sections 2025(f) or (g), or the 

NOx fleet averaging in section 2025(h) until January 1, 2017. Beginning 

January 1, 2017, fleets with motorcoaches complying with the BACT percentage limits 

of section 2025(g) or the fleet averaging requirements 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 average NOx emissions for the 

fleet. 

(m) Requirements for Agricultural Fleets 

Beginning January 1, 2011, agricultural vehicles shall be exempt from the requirements 

of sections 2025(f) and, 2025(g), 2025(h) or 2025(i) if they meet the definition of an 

agricultural vehicle and remain below the applicable mileage limits for the period 

specified. Vehicles meeting the specialty vehicle definition would have no mileage 

restrictions. Fleets must comply with the reporting and record keeping requirements of 

sections 2025(r) and 2025(s). 

(1) Beginning January 1, 2011 through January 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 Table 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 exceeded 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 calendar yearlimit is not exceeded. 

(3) BeginningBy January 1, 2017, all agricultural vehicles that have exceeded 10,000 

miles in any calendar year since January 1, 2011, must comply witwith the best 

available control technology (BACT) requirements of section 2025(f) and (g). 

(4) Specialty agricultural vehicles, as defined in section 2025(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 agricultural vehicle subject to section 

2025(m). 

(6) Agricultural fleet owners utilizing the agricultural provisions of section 2025(m) 

must report and comply with the requirements of section 2025(r) and 2025(s). 

(5)(7) Within 30 days of replacing a qualifying agricultural or specialty agricultural 

vehicle, the agricultural fleet owner must report the required information 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 agricultural vehicles in the fleet as of 

January 1, 2009, as reported in section 2025(r)(14). This number shall not 

increase from one year to the next. 

(7)(9) An agricultural vehicle 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 that it replaced and, and provided the original 

vehicle is scrapped, rendered inoperable, sold out of the agricultural fleet, or will 

no longer meets the definition of an agricultural or specialty 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 that calendar year, up to the time of replacement, plus the 

mileage accrued on the replacement vehicle for the remainder of the calendar year 

(beginning with the date of replacement) must remain below the mileage 

thresholds based on the model year of the 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 fleets included in the merger. 

(10) The agricultural vehicle exemptions are not transferrable except with appropriate 

documentation of a change of business form approved by the Executive Officer 

such as sole proprietorship 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. 

(9) Beginning January 1, 2017, all agricultural vehicles that have exceed 10,000 miles 

in any calendar since January 1, 2011, must comply with the best available control 

technology (BACT) requirements of section 2025(f) and (g). 

(1) Beginning January 1, 2011, vehicles meeting the definitions of limited-mileage 

agricultural vehicles, or low-mileage agricultural 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 vehicles, 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 able to start without assistance and 

able to move under its own power. Vehicles that are being used for parts are not 

included in these provisions. 

(2) For all other vehicles in the agricultural fleet, beginning January 1, 2011, the fleet 

owner must comply with the best available control technology (BACT) 

requirements of section 2025(f), the BACT percentage limits of section 2025(g) or 

the fleet average requirements of section 2025(h). 

(3) Agricultural fleet owners utilizing the agricultural provisions of section 2025(m) 

must report and comply with the requirements of section 2025(r) and 2025(s) for 

all vehicles subject to this regulation for each compliance year, regardless of 

whether the vehicle is an agricultural 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 requirements 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 requirements of this agricultural fleet provision. 

(6) Requirements for limited-mileage agricultural vehicles 

(A) The maximum number of limited-mileage 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 vehicle 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 according 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 vehicle is replaced, the sum of the miles 

accrued on the original vehicle in that calendar year, up to the time of 

replacement, plus the mileage accrued on the replacement vehicle for the 

remainder of the calendar year (beginning with the date of replacement) must 

remain below the mileage thresholds established in section 2025(d)(44) 

based on the model year of the engine in the replacement vehicle. 

(D) Beginning January 1, 2017, all limited-mileage agricultural vehicles that do 

not meet the definition of a low-mileage agricultural 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 limited-mileage agricultural vehicle definition, 

but whose use increases above the mileage thresholds established in 

section 2025(d)(44) based on the model year of the engine, must 

immediately meet the requirements 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 agricultural fleets having designated limited mileage 

vehicles may not result in more designated limited mileage vehicles after the 

merger occurs than the sum of the total limited mileage vehicles from each 

individual agricultural fleet included in the merger. 

(7) Requirements for low-mileage 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 January 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 vehicle 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 vehicle is replaced, the sum of the miles 

accrued on the original vehicle in that calendar year, up to the time of 

replacement, plus the mileage accrued on the replacement vehicle for the 

remainder of the calendar year (beginning 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 technology (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 section 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 vehicle, and the number of low-mileage 

agricultural vehicles in the agricultural fleet, as established in section 

2025(m)(7)(A) above, shall be reduced by one. 

(F) A merger of two or more agricultural fleets having designated low-mileage 

vehicles may not result in more designated 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 fleet owner may change the status of a 

low-mileage vehicle to a limited-mileage vehicle provided the vehicle 

continues to meet the definition of a limited-mileage vehicle. The lowmileage vehicle may not be replaced and the number of low-mileage 

agricultural vehicles in the agricultural fleet, as established in section 

2025(m)(7)(A) above, shall be reduced by one 

(8) (10)(11) Requirements for specialty agricultural vehicles 

(A) Specialty agricultural vehicles, as defined in section 2025(d)(69)(53)(54) , are 

exempt from the requirements 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 vehicle as qualifying as a specialty 

agricultural vehicle under the following conditions: 

1. The total number of specialty agricultural vehicles operating in the San 

Joaquin Valley Air Basin does not exceed 1,100, and 

2. The total number of specialty agricultural vehicles in the state does not 

exceed 2,200. 

(C) If more vehicles are reported than allowed by the limits, the Executive Officer 

will randomly approve one vehicle per eligible 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 manner until the limits have been met. 

Vehicles reported by March 31, 2010 will be given priority should the limits 

identified in section 2025(m)(11)(B) above be exceeded. 

(D) All vehicles with the body types described 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 agricultural 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 agricultural specialty vehicle will not affect the 

number of approved specialty vehicles in the fleet so long as the replacement 

vehicle meets the specialty vehicle body type and use requirements. 

(11)(12) Optional Phase in for Log Trucks

Beginning January 1, 2012, fleets 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 model 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 percentage limits is not equal to a whole 

number, the owner shall round up to a whole number 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. 

(C) The number of log trucks and qualifying agricultural vehicles cannot exceed 

the number of vehicles in the fleet as of January 1, 2009. 

(D) The total number of qualifying log trucks cannot increase from one year to 

the next. 

(E) Fleets utilizing the optional phase-in for 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 exemptions 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 Reported 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 Agricultural 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 agricultural 
47 

provision or the log truck phase-in option of section 2025(m) low-mileage, 

limited-mileage, and specialty agricultural vehicle, and log truck reported in 

the fleet according to the following specification: 

1. The letters AG 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, 

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 engines 50 hp or greater must comply with 

section 2025(e). The propulsion engine is required to meet PM BACT and to 

upgrade to a 2010 model year emissions equivalent engine. like other vehicles, 

and the auxiliary engines must meet 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 auxiliary 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 must 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 sweepers may not operate any Tier 0 auxiliary 

engine, 50 hp or greater, more than 450 hours per year starting January 1, 2010 

until January 1, 2014 and no more than100 hours per year thereafter. 

(3) Labeling Requirements for Two-Engine Sweepers 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 the following specification: 

1. The letters SW 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.; 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 downsizing credit of section 2025(j)(1), fleets with 

street sweepers may also include all single-engine and two-engine street sweepers 

with a GVWR from 14,001 lbs to 26,000 lbs 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 for these lighter street sweepers as is 

required for heavier vehicles. 
48 

(o) Requirements for a New Fleet and Adding Vehicles to a FleetChanges in Status of 

an Existing Fleet

(1) New Fleet Requirements. Owners of new fleets must meet the requirements of 

section 2025(e) immediately upon purchasing vehicles subject to the regulation or 

bringing such vehicles into the State of California for the 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 bringing 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 that meets PM BACT, Before a the fleet may not 

operate a newly added vehicle in service, or operate a vehicle that was 

previously reported as non-operational, in California, it unless the fleet as 

newly constituted complies with the requirements of section 2025(e). The 

fleet must within 30 days of adding the vehicle, within 30 days of adding the 

vehicle, file a report with the Executive Officer that it has added a new 

vehicle, and the Executive Officer shall approve the vehicle for service 

operation upon the fleet demonstrating demonstrate that the fleet, as newly 

constituted, complies with the requirements of sections 2025(o)(2)(A), (B), 

and (C) below. The fleet shall file the report to the Executive Officer within 

30 days of adding the vehicle. 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 receiving 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 compliance options other than that of does not meet 

the requirements of section 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 sections 2025(o)(2)(C)1 and 2 within 

30 days of removal of the vehicle. 

(C) Compliance Requirements for an Existing Fleet that has Changed Status

(A)1. A fleet owner who elects to utilize 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 for the fleet to fall below the 

percentage required for the previous compliance date. 

(B) A fleet owner who elects to utilize 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 addition of vehicles with 2007 or newer 

through 2009 model year engines that 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 three or fewer vehicles changes to a 

fleet with four or more or, 

2.b. a fleet is utilizing the reliefcredit 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 reported until the next compliance date; 

3. A fleet owner of a vehicle that formerly qualified for any of the 

compliance extensions or exemptions granted in section 2025(p) but 

whose status has changed so that it no longer meets the applicable 

definition, must immediately bring 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 Exclusively 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 the 2010 model year 

emissions equivalent requirements of section 2025(f) or 2025(g) if the vehicle 

meets PM BACT by the compliance date that the engine would otherwise be 

required to be upgraded to a 2010 model year emissions equivalent engine. 

1. The fleet owner must report information about the vehicle to 

demonstrate the engine has met PM BACT as specified in section 

2025(r) but does not need to report after the initial reporting, as long as 

the vehicle continues to meet the requirements for the exemption, and; 

2. The fleet owner must either meet the electronic tracking and reporting 

requirements or the vehicle labeling 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 GVWR greater than 26,000 lbs including 

vehicles that operate exclusively in the NOx exempt areas, except for 

low-use vehicles must meet 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 the reporting requirements of section 

2025(r) to use this compliance exemption, and must either meet the 

electronic tracking and reporting requirements 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 the reporting requirements 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) except for vehicles that meet the 

requirements for an exemption as specified in section 2025(p)(1)(A) 

above. 

6. Fleet owners may use the extension 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 exemptions are used, the fleet owner must 

meet the electronic tracking and reporting requirements of section 

2025(r)(16)(A)2, or must label the vehicle by permanently affixing or painting 

an identification label on the vehicle according to the following specification: 

1. 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. 

2. The label shall be located on the left and right door of the vehicle and in 

clear view at all times. 

(D) Vehicles that use the NOx exempt areas exemptions may travel outside of 

the designated NOx exempt areas only for repairs or other services to the 

vehicle. The vehicle owner must obtain a work order from the facility that 
51 

describes the service and it must show the date of the service and the 

location of the facility. 

A fleet owner may be granted an extension to a compliance deadline if: 

(1) Exemption from Meeting NOx BACT. Upon providing documentation 

demonstrating compliance with the conditions listed below in paragraphs (A) 

through (D), the Executive Officer will exempt the vehicles identified in those 

paragraphs from meeting NOx BACT in sections 2025(f) or (g), or the NOx fleet 

average in section 2025(h). If an exemption is granted, 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 used both for emergency operation as 

defined in section 2025(d)(27), and for 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 mileage exempt vehicle for 

that compliance year. 

(B) A vehicle that operates solely in the 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 for 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 January 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 conditions listed below in paragraphs (A) 

through (E), the Executive Officer 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 percentage limits of section 2025(g) or the 

fleet averaging option of section 2025(h): 

(A) The vehicle is a truck-tractor where the cab sits over the engine on the 

chassis and it is used exclusively to pull 57 foot trailers 
52 

(B) The PM performance requirement for the vehicle has been met and, 

(C) The engine installed in the vehicle 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 California Vehicle Code has not been 

amended prior to January 1, 2010 to increase 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 greater than 26,000 lbs with model year 

engines 1997 or older that operate exclusively in the NOx exempt areas as 

defined in section(d)(45) may optionally have the vehicles meet PM BACT and 

upgrade to being 2010 model year emissions 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 section 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 suitable VDECS is not available. 

(B) Fleets using this exemption are allowed to have the vehicles travel outside of 

the NOx exempt area only for 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 electing this option must affix or 

paint an NE identification label 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 clear view on the left and right door of 

the vehicle and be in clear view at all times. 

Table 7: NOx Exempt Area Compliance Schedule 
53 

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, fleets with low-mileage construction trucks as defined 

in section 2025(d)(40) may opt to have a limited number of low-mileage 

construction trucks in the fleet comply by meeting 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 electing this option must meet the PM 

BACT requirements for the qualifying low-mileage construction trucks 

pursuant to the schedule set forth in Table 9, and then comply with the 

requirements of section 2025(g) starting 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 for 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-mileage construction trucks and vehicles with 

a GVWR greater than 26,000 lbs that comply with section 2025(e) may 

demonstrate that the combined fleet meets the phase-in schedule of Table 9 

and, if so, the low-mileage construction vehicles 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 must comply with the reporting and record 

keeping requirements of sections 2025(r) and (s) beginning 

January 31, 2012. 

(G) Fleet owners using this provision must 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 continue 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 within 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 additional 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 the left and right door of the vehicle 

and be in clear view at all times. 

(J) Low-mileage construction truck exemptions are not transferrable except with 

appropriate documentation of a change of business form approved by the 

Executive Officer such as sole proprietorship 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 year emissions equivalent engine in 

section 2025(f) and 2025(g) if by January 1, 2014, a VDECS was not available for 
55 

the engine and a used vehicle or suitable cab and chassis that performs a similar 

function with a 2010 emissions engine equivalent 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 the 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 Officer will not require the vehicle to be replaced in 

order to meet NOx BACT prior 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) or the fleet averaging option of section 2025(h). 

(4)(3)(4) Exemption for Low-Use Vehicles 

(A) Low-use vehicles as defined in section 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 meet 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 functioning odometer or hubodometer 

and non-resettable hour-meter unless they have a three day pass. 

2. A vehicle is also considered to be a low-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 filed with another state prior to the 

beginning of the compliance year. The vehicle must not be operated for 

any other purpose during the compliance year except to demonstrate 

functionality of the vehicle 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 calculating 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 mileage the vehicle accrues when used for emergency 

operations in determining whether 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 definition 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 requirements of section 2025(p)(4)(3) for low-use vehicles. 
56 

(C) Vehicles that formerly met the low-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 requirements of section 2025(f) or (g), (g) or (h) for the 

immediately preceding compliance deadline unless it takes advantage of one 

of the exemptions listed in section 2025(p). 

(5)(4)(5) Exemption for Vehicles Operating with a Three Day Pass

(A) Until January 1, 2021, a fleet owner that obtains a three-day pass for a 

vehicle will be allowed to operate one vehicle per calendar year in California 

without complying with section 2025(e) for the specified three day period per 

calendar year provided the information required in section 2025(r)(19) is filed 

with the Executive Officer at least seven 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, the fleet must obtain 

written approval from the Executive Officer, 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 vehicle’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 regulation will be traveling 

within the state, the name of the fleet owner, the state or country issuing the 

license plate of the vehicle, the license plate number, and the vehicle 

identification number. The Executive Officer will make every effort to 

respond to the request within three business 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 planned entry into the 

state, the vehicle may enter and operate in California for the requested threeday period, but if the vehicle’s operator fails to present documentation to 

ARB enforcement personnel, upon request, that 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 comply with the reporting 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 vehicle 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 entities that do not intend to operate the 

vehicle in California or offer the vehicle for hire for operation 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 requirements 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 2025. If the land use plans for the islands 

are changed to allow use by the general public of the islands, this exemption shall 

no longer be applicable. 

(8) Credit for Hybrid Vehicles 

(A) Prior to January 1, 2018, upon presentation of proper documentation, the 

Executive Officer shall grant an owner credit, as set forth in (B) below, 

towards compliance with the fleet average 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 hybrid vehicle by at least 20 percent 

compared to a diesel vehicle of the same model year that performs a similar 

function and has a similar configuration to that of the hybrid vehicle. 

(B) Upon approval by the Executive Officer, the fleet shall receive for each 

compliance year prior to 2018, a credit that double counts the number of 

hybrid vehicles in the fleet that may be used to calculate the PM and NOx 

indices and target rates for the percent limits requirements of section 2025(g) 

and for the fleet averaging option of section 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 grant a fleet credit for using vehicles equipped with 

alternative fuel or heavy-duty pilot ignition engines, in calculating 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 model year to which the alternative or 

heavy-duty pilot ignition engines have been certified in calculating 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 received, a VDECS, a replacement engine, 

or vehicle in order to comply with this regulation will be excused 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 replace 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 compliance date;, except in the case of 
58 

where a VDECS is ordered to replace a failed or damaged VDECS, the fleet 

owner has purchased, or has entered into contractual agreement with the 

seller for the purchase of a replacement VDECS within 60 days of the 

VDECS failure. 

 (B) The owner has identified the vehicle to be equipped with the VDECS or 

replaced upon receipt of the replacement VDECS VEDCS or vehicle. 

(C) Proof of purchase, such as a purchase order, down payment, or signed 

contract for the sale, including specifications 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 are 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 retrofitted 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 BACT Compliance Deadline Based on Unavailability 

of Highest Level VDECS. - If an engine that is required to meet PM BACT cannot 

be equipped with the highest level VDECS for PM, the Executive Officer may grant 

a one-year extension of the compliance deadline, which may be extended annually 

through January 1, 2017, based on an evaluation 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 compliance 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 compliance 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 highest level VDECS for PM. 

This includesThe extension for unavailability 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 level 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 meets PM BACT, the 

vehicles shall be exempt from meeting the 2010 model year emission 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 unless 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 owner 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 that it no longer meets the applicable 

definition, must immediately bring the fleet into compliance 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 retrofitted 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 installation 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 VDECS must remain installed until the 

VDECS fails or is damaged or is replaced 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 repaired, the owner must 

replace the VDECS with the same level 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 recent compliance date 

without the failed VDECS, then within 90 days of the failure, the owner must 

replace the failed VDECS with the highest 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 would be a Llevel 2 fuel verified as a diesel emission 

control strategy, and implementation of this 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 applicable 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 compliance waiver of up to two years to 

provide the fleet owner time to return to compliance with the applicable 

requirements. The Executive Officer shall respond to the request within 

30 days and grant the request upon finding that 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 experimental or non-verified diesel emission 

control strategy to support the verification of a non-verified diesel emission 

control strategy, the owner must first 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-verified 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 the control technology that demonstrates that the 

experimental control strategy achieves at least a lLevel 2 diesel PM 

emission reduction, vehicle and engine data, and odometer or 
61 

hubodometer readings as described in sections 2025(r)(8), 2025(r)(9), 

and 2025(r)(12)(B). 

2. The Executive Officer will treat the strategy as a: 

a. Level 2 VDECS if the application demonstrates that the strategy 

achieves at least 50 percent reduction in diesel PM. 

b. Level 3 VDECS if the application demonstrates that the strategy 

achieves at least 85 percent reductions in diesel PM. 

3. If the application demonstrates that the strategy achieves a NOx 

reduction of over 15 percent, the NOx reduction will be counted. 

(B) Upon approval by the Executive Officer, each vehicle engine retrofitted with 

the experimental strategy will be allowed to operate for a specified time 

period necessary to make a determination that the experimental strategy can 

achieve the projected emissions reductions. The vehicle equipped with the 

experimental strategy will be considered 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 owner shall 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 should 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 operated in a particular vehicle application; or 

(B) Its use would make compliance with occupational safety and health 

requirements, federal highway safety regulations, or an ongoing local air 

district permit condition impossible. 

If a VDECS manufacturer states that there is no safe or appropriate method of 

mounting its VDECS on the requesting 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 provide other documentation to support its 

claims. 

Documentation may include published reports and other findings of federal, state 

or local government agencies, independent testing laboratories, engine 

manufacturers, or other equally reliable sources. The request will only be 

approved if the requesting party has made a thorough effort to find a safe method 

for installing and operating the VDECS, including various locations for VDECS 

mounting, and use of an actively regenerated VDECS. The Executive Officer shall 

review the documentation submitted and any other reliable information that he or 
62 

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 installed without violating the safety 

standards prescribed under title 8, CCR by the California Department of Industrial 

Relations, Division of Occupational Safety and Health, or comparable federal or 

state health and safety laws where the vehicle operates, or federal highway safety 

laws, the Executive Officer shall issue a determination that there is no highest 

level VDECS available. The Executive Officer shall inform the requesting party, in 

writing, of his or her determination, within 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 process described in (A)(C) and (B)(D) 

below, the requesting party may request the 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 request, 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 reconsider the action taken by sending a 

request in writing to the Executive Officer. A request for hearing shall 

include, at a minimum, 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 issues 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 statement of facts 

required in c. above; and 

e. the signature of an authorized person requesting the hearing 

2. A request for a hearing shall be filed within 30 days from the date of 

issuance of the notice of the denial. 

3. A hearing requested pursuant to this section shall be heard by a 

qualified and impartial hearing officer appointed by the Executive 

Officer. The hearing officer may be an employee of the ARB, but may 

not be any employee who was involved with the denial at issue. In a 

request for reconsideration, the hearing 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 genuine 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 consist 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 determination 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 hearing 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 staff 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 either electronically or by a certified 

shorthand reporter. 

12. The hearing officer shall consider the totality of the circumstances of the 

denial, including but not limited to, credibility of witnesses, authenticity 

and reliability of documents, and qualifications of experts. The hearing 

officer may also consider relevant past conduct of the applicant 

including any prior incidents involving 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 of a 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 recommend 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 render 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 substantial evidence in the record: 

a. adopt the hearing officer’s proposed decision; 

b. modify the hearing officer’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 solely by written submission. In 

such case the requestor must submit a written explanation of the basis for 

the appeal and provide supporting documents 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 Executive Officer’s action no later than 

10 days after receipt of the requestor’s submission; 

2. The applicant may submit one rebuttal 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 include supporting information, as attachment(s), 

but limited to the issues previously raised; and 

4. The hearing officer shall be designated 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 described 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 applicant no later than 60 days after the 

final deadline for submission of papers. 

5. The Executive Officer shall render a final written decision within 60 

working days of the last day of hearing. The Executive Officer may do 

any of the following: 

a. adopt the hearing officer’s proposed decision; 

b. modify the hearing officer’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 reporting requirements for the vehicles in the 

fleet as defined in section 2025(d)(28) if the owner has elected to utilize the 
65 

compliance phase-in options of section 2025(f)(4), 2025(g)(3) and , 2025(g)(4), 

2025(f)(3), 2025(h), or 2025(i), the credits for early PM retrofits, hybrid vehicles, 

and alternative fueled vehicles of section 2025(j), and the agricultural provisions of 

section 2025(m), single-engine and two-engine street sweeper provisions of 

section 2025(n), extension or exemptions for vehicles used exclusively in NOx 

exempt areas and the exemptions and extensions provisions of section 

2025(p)(1), and the extension for low mileage construction trucks of section 

2025(p)(2). Fleets owners that use the credit utilizing the relief for fleets that have 

downsized provided in section 2025(j)(1)(i)(5) and the credit for the early addition 

of newer vehicles provided in section 2025(j)(3) must report information for all 

vehicles under common ownership or control 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 required to comply with the 

reporting requirements. 

(1) The owner of a fleet is subject to the reporting requirements of section 2025(r) for 

the vehicles in the fleet as defined in section 2025(d)(34) if the owner has elected 

to utilize the BACT percent limits option of section 2025(g), the fleet averaging 

option of section 2025(h), the optional requirements for small fleets of section 

2025(i), the retired vehicle credit provision 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 credits 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) must report according to and comply with 

the requirements of section 2025(r) and maintain records according to 

section 2025(s) for all of their vehicles in the fleet as defined in section 

2025(d)(34)(28)., regardless of whether the vehicle is utilizing of the special 

provisions or not. 

(3) The owner of a fleet that has elected 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 vehicle provision of section 2025(p)(4)(3) is 

not subject to the only required to reporting follow meet the reporting requirements 

of section 2025(r) for the low-use vehicles meeting the definition in 

section 2025(d)(40)(41). 

(4) Fleet owners may submit reporting information using forms (paper or electronic) 

approved by the Executive Officer. 

(5) The fleet owner must notify the Executive Officer in writing by the first applicable 

reporting date and by January 31 of every 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 or 
66 

subsidiaries according to section 2025(e)(5), then the company or agency may 

report separately for the different portions of the fleet. 

(6) Each year, fleet owners subject to the reporting requirement must report on their 

fleet as it was on January 1 the compliance 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) by January 31 following of each compliance 

dateyear. Owners must report annually until the reporting requirement expires or 

fleets may stop reporting the year after all of the BACT requirements of 

section 2025(f) and 2025(g) have been completely 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 identification 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 Public Utilities Commission (if applicable). 

 (8) Vehicle Information

Fleet owners must provide to the Executive 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, agricultural vehicle, log truck, as defined 

in section 2025(d)(67) that transports pupils, a motorcoach, truck-tractor, 

shuttle vehicle, two-engine sweeper, 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 identification 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 the vehicle is a schoolbus, agricultural 

vehicle, log truck, truck-tractor, two-engine sweeper, low-mileage construction 

truck or yard truck; 

(I) If the vehicle was added after January 1, 2012, the date 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-use, fleet owners must report the The 

information listed in section 2025(r)(12).; 

2. Report w Whether the low-use status 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, specialty agricultural vehicle, cab-overengine truck tractor, or unique vehicle as defined in sections 2025(n) and 

2025(p); 

(L) Whether the vehicle has been certified as non-operational with the California 

Department of Motor Vehicles or equivalent documentation from the state, 

providence, or country where the vehicle is registered and whether the 

vehicle will not operate in California. 

(N)(M) Whether the vehicle is a fuel efficient hybrid vehicle as defined in 

section 2025(d)(42)(31).; 

(O)(N) Whether the vehicle is propelled 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 Areas 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-mileage construction truck that will use the 

extension for low-mileage construction trucks specified in section 2025(p)(2); 

and 

(S) Whether the vehicle was partially paid 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 reported 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 year and newer engines except if reporting 

information about vehicles in the 2006 baseline 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-road or off-road emissions standard,; 

(G) Whether the engine is used to propel the vehicle or to operate auxiliary 

equipment,; and 

(H) The emissions standard to which the 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 Control Strategies Reporting. 

Except as provided in section 2025(r)(13)(A) below, Ffor each VDECS that is 

installed on an engine listed per section 2025(r)(9), the fleet owner must report the 

following information to the 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 October 1, 2011, the fleet owner must 

attest to having records to document the purchase agreement and down 

payment for the VDECS by May 1, 2011; 

(F) Whether the VDECS was partially paid for with public funds and the 

information in 2025(r)(18) if partially paid for with public funds; and 

(G) Whether the VDECS was installed on the engine to comply with another 

California in-use regulation. 

(11) Availability of Reporting for Extension for 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 unavailability of highest level VDECS: 

(A) Owner contact information, vehicle, 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 warranty, provide a statement from the 

engine manufacturer or authorized engine or vehicle dealer.; 

(D) If a no verified VDECS is commercially 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 request and must be 

reported annually on January 31 following the compliance deadline for each 

year that the owner is claiming non-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 Officer 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 December 31 of the compliance year. 

A hubodometer may be used in lieu of the odometer.; 

(C) If the vehicle uses engine power as specified in 2025(d)(41) has power take 

off, Hhour-meter readings from a properly functioning non-resettable hourmeter taken on January 1 and December 31 of the compliance year.; 
70 

(D) The dates and readings of the odometer or hubodometer and non-resettable 

hour-meter readings. In the event that the odometer or hubodometer meter 

is replaced, the original odometer or hubodometer reading and the new 

odometer or hubodometer reading and the date of replacement must be 

reported within 30 days the original odometer failedof replacing the odometer 

or hubodometer. In the event that the odometer or hubodometer is removed, 

the hubodometer reading and date it is removed and the odometer reading of 

the replacement and the date it is placed in service. If hubodometers are 

used, the fleet owner must report the serial numbers. on the day of removal; 

(E) Upon request of an agent or employee 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 defined in section 2025(d)(26)(21) that 

can acquire date, time, engine-on, and location data. The owner may use 

other documentation of vehicle 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 planned non-operation certificate has been filed with the DMV or, 

an equivalent certificate has been filed with another state prior to the 

beginning of the compliance year, and whether the vehicle will not be 

operated in the compliance year. 

 (13) Fleets Claiming Vehicle Retirement Credit ReliefCredit for Fleets that have 

Downsized or Added Newer Vehicles Early Reporting 

Fleets owners claiming requesting credits under section 2025(i)(5)(j) for fleets that 

have downsized must report the following: 

(A) Fleet owners claiming credit for downsizing must report the following: 

1. For the vehicles in the 2006 baseline 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 Department of Motor Vehicles, identify the 

type of records that are being kept to document proof that the vehicles 

drove at least 1,000 miles in California in the year 2006. Fleets that 

include street sweepers with a GVWR 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-road in-use vehicle regulation, and 

information about how many are currently in the fleet. Fleets that 

include street sweepers with a GVWR 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 owner that claims credits for adding 

cleaner vehicles as specified in section 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 the fleet as of January 1, 2012. The fleet 

owner has the option to report the engine information for vehicles that are no 
71 

longer in the fleet if the 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. Information about vehicles registered on 

October 1, 2006 that are no longer in the 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 year that were registered or have been 

certified as non-operational with the California Department of Motor Vehicles 

equivalent agency in another state. 

(A) By March 31, 2010, fleets requesting vehicle retirement credits must report 

the information required in sections 2025(r)(5) through (9) for all vehicles in 

the fleet that were registered on July 1, 2008. Beginning 2011 and every 

year thereafter until 2014, the reporting 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) or the PM fleet averaging of section 2025(h)(3) or 

any of the special provisions in section 2025(p), the schoolbus 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 Vehicles in Agricultural Fleets

Until January 1, 2023, fleet owners of all agricultural vehicles that will utilize the 

provisions of section 2025(m) that are owned as of January 1, 2009, must report 

the following information to the Executive 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 agricultural vehicles) by March 31, 2010. 

For subsequent years, the reporting date shall 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 information required in section 2025(r)(8) 

items (A) to (G) for the vehicles in the fleet 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-mileage, 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 or removed 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 vehicle in section 2025(d)(69)(53)(54).; 

(F)(E) If eligible to be considered for the specialty 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 operated for compensation outside a farming 

business owner’s farm.; 

(I)(H) Except for specialty agricultural 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 owner 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 set 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 mileage 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 information identified in sections 2025(r)(5) 

through 2025(r)(9)(10); 

(B) Odometer or hubodometer readings from a properly functioning odometer or 

hubodometer to document use at an emergency 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 reported. 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 authorized 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); and 
73 

(C) Records to document dispatch by the local, state, or federal agency or other 

responsible emergency management 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 exemptions, delays, and extensions 

provision of section 2025(p) must provide 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 compliance year to demonstrate compliance with the 

requirements of section 2025(p)(1). 

1. Owner, vehicle, and engine information 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 records to meet the record keeping 

requirements of section 2025)(s). 

(C)(A) Vehicles Operating Exclusively 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 information, 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 section 2025(d)(26)(21) and provide the 

information listed therein.. A fleet may use an alternative method to 

demonstrate compliance if approved 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 section 2025(p)(3)(3)(2). 

1. Owner, vehicle, and engine information 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 vehicle qualifies as a unique vehicle. 

4. Names and phone numbers of sources contacted during the search for 

a replacement vehicle. 

5. Letters from contacted VDECS vendors stating that retrofit technology 

is unavailable for the unique vehicle. 

(E)(17) Single-Engine and Two-Engine Sweepers 

The owner must provide the following information for both the propulsion and 

auxiliary engine to the Executive Officer by March 31, 2010, April 29, 2011, and 

January 1 of subsequent compliance years to demonstrate compliance with the 

requirements of section 2025(n):. 

1.(A) Owner, vehicle, and engine information listed in sections 2025(r)(5) through 

2025(r)(10)(11).; 

2.(B) Engine tier level of the auxiliary engine, 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 credit, are used to determine 

compliance with the requirements of this regulation, the fleet owner must provide 

the following information to the Executive Officer for all vehicles that were 

purchased or retrofitted using public funds: 

(A) Owner, vehicle, and engine information listed in sections 2025(q)(r)(5) 

through 2025(r)(10)(11); 

(B) Date the public funding contract began; 

(C) Date the contract or emissions surplus contract period ends or ended; 

(D)(C) Program providing the funding; and 

(E)(D). Information about the contract terms to determine eligibility. 
75 

(19) Claiming Vehicles 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 designee signs the compliance certification, a written 

statement signed by the responsible official 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 compliance option, vehicles removed from the 

fleet, vehicles added to the fleet through purchase 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 shall 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 the 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 comply with the reporting requirements 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 demonstrate compliance with the requirements 

of section 2025(p)(8)(10)(7): 

(A) The date of purchase or the 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 vehicle that was replaced. 

 (24) Reporting for a Compliance Extension for Fleets that Meet PM BACT per section 

2025(f) or 2025(g) prior 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 information 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 option for small fleets of section 2025(h), 

the fleet owner must provide the following information about all vehicles in the 

fleet; 

(A) Owner information listed in sections 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 starting 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 credits of section 2025(j)(2)(C), the fleet 

owner must provide the following information about the vehicles prior to January 1 

of the compliance year in which they want to apply it: 

(A) Owner, vehicle and engine information 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-road regulation known 

as the diesel off-road online reporting system, or DOORS ID number. 

 (s) Record Keeping. 

(1) The owner of a fleet shall maintain the following records specified in 

sections 2025(s)(3)(4) through 2025(s)(16)(14) as applicable. The owner shall 

provide these records to an agent or employee 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 reported 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 identifying the motor carrier or broker 

who hired or dispatched the vehicle and the vehicle dispatched. 

(4)(3) School BusesSchoolbus Fleets and Sub-Fleets

(A) The owner of a schoolbus fleet or a schoolbus 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 specifiedlisted 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 were 
77 

registered. Fleet owners Information about vehicles registered on 

October 1, 2006 that are no longer in the fleet do not have to have to keep 

report engine and VDECS information 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 section 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 identifying the motor carrier or broker 

who hired or dispatched the vehicle 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 could 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 agricultural vehicle to a farm. 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 including title, registration, or bills of sale. 

(6) Proof of Operation – Owners of fleets must keep records 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 year. 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 relief 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 newer engines of section 2025(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 early addition of newer vehicles); and 

4. If not registered with the California Department of Motor Vehicles, proof that 

the vehicles in the fleet drove at least 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 documentation from the state, providence, 

or country where the vehicle is registered.; and 

(D)2. If scrapped in the previous year, a copy of a nonrepairable vehicle 

certificate issued from the California Department of Motor Vehicles or 

equivalent documentation from the state, providence, or country where 

the vehicle is registered. ; or 

(E) If not registered with the California Department 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 the compliance options other than section 

2025(f) or 2025(g), must keep documentation of Document any additions, 

deletions, or changes to the fleet since the last reporting. Documentation 

may include bills of sale, purchase orders, maintenance records, registration 

information, or other documentation. 

(B) For each vehicle removed from the fleet, a copy of the bill of sale, or other 

documentation showing transference of ownership from the former owner 

and the current owner and the date of the transaction 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 detailed 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 mileage accrued in California; 

(C) Monthly and annual mileage accrued in the NOx Exempt Areas if claiming 

the vehicle operates exclusively in NOx-exempt areas, and 

(D) Monthly and annual hours of engine operation 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 purchase that demonstrate usage. 

(12) Experimental Diesel Emission Control Strategy – For fleets using an experimental 

diesel PM control strategy, record of approval 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 other records as specified in 

the approval. 

(13) Manufacturer Delay – For any vehicle or VDECS for which the fleet owner is 

utilizing the equipment manufacturer delay provision in section 2025(p)(810), proof 

of purchase, such as a purchase order or signed contract for the sale, including 

engine specifications for each applicable 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 owner shall 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 installation was performed by anVDECS was 

installed by an authorized installer authorized by the VDECS 

manufacturer; and, providing the following information for each engine: 

2. a. The name of the person 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 level 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 local, state, or federal agency or other 

responsible emergency management entity as approved by the Executive Officer. 

(16) Low-use Vehicles – Fleet owners of low-use vehicles that exceed 1,000 miles per 

year shall; 

(A) Keep records of electronic tracking per section 2025(s)(9), 

(B) Keep records of dates and the odometer readings when the vehicle leaves 

and returns to California to demonstrate that no more than 1,000 miles per 

year was driven in California. 

(17) Fleets that are claiming credit 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 available 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 assess penalties for non-compliance. 

(u) Record Retention 

The fleet owner or responsible person shall maintain the records for each vehicle 

subject to the reporting and record keeping requirements of sections 2025(r) and (s) for 

3 years after it is retired, and for the overall fleet, for as long as the owner has a fleet, or 

January 1, 2025, whichever is earlier. If fleet ownership is transferred, the seller shall 

transfer the fleet records to the buyer. Dealers must maintain records of the disclosure 

of regulation applicability required by section 2025(w) for three years after the sale. 

(v) Right of Entry 

For the purpose of inspecting vehicles subject to this regulation and their records to 

determine compliance with this regulation, an agent or employee of ARB, upon 
81 

presentation of proper credentials, has the right to enter any facility (with any necessary 

safety clearances) where vehicles are located or vehicle records are kept. 

(w) Disclosure of Regulation Applicability 

Any person residing in California selling a vehicle with an engine subject to this 

regulation must provide the following disclosure in writing to the buyer on the bill of sale, 

sales contract addendum, or invoice, “An on-road heavy-duty diesel or alternative-diesel 

vehicle operated in California may be subject to the California Air Resources Board 

Regulation to Reduce Particulate Matter and Criteria 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 California 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 carrier, California broker, or any California 

resident who operates or directs the operation 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 record keeping requirements of section 

2025(s)(4). 

(3) Compliance may be accomplished by keeping 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 fleet, or in the vehicle. 

(4) Any contract that a lessor and lessee enter 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 Compliance 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 fleets that have reported compliance. 

(z) Non-Compliance. 

Any person who fails to comply with the general requirements of this regulation, who 

fails to submit any information, report, or statement required by this regulation, or who 

knowingly submits any false statement or representation in any application, report, 

statement, or other document 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 will consider factors, including but not 
82 

limited to the willfulness of the violation, the length of time of noncompliance, whether 

the fleet made an attempt to comply, and the magnitude of noncompliance. 

(aa) Severability 

If Aany subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of 

this regulation is, for any reason, held invalid, unconstitutional, or unenforceable by any 

court of competent jurisdiction, 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 manufacturer with a diesel particulate filter, use 

the emission factor for the 1994-2006 model years 

Table A-2 

NOx 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) 

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