TITLES 13 AND 17. CALIFORNIA AIR RESOURCES BOARD 

NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF A PROPOSED 

REGULATION TO REDUCE EMISSIONS FROM IN-USE ON-ROAD DIESEL 

VEHICLES, AND AMENDMENTS TO THE REGULATIONS FOR IN-USE OFF ROAD 

VEHICLES, DRAYAGE TRUCKS, MUNICIPALITY AND UTILITY VEHICLES, MOBILE 

CARGO HANDLING EQUIPMENT, PORTABLE ENGINES AND EQUIPMENT, 

HEAVY DUTY ENGINES AND VEHICLE EXHAUST EMISSIONS STANDARDS AND 

TEST PROCEDURES AND COMMERCIAL MOTOR VEHICLE IDLING 

The Air Resources Board (ARB or Board) will conduct a public hearing at the time and 

place noted below to consider adopting a regulation to reduce emissions of diesel 

particulate matter (diesel PM), oxides of nitrogen (NOx), and greenhouse gases from inuse on-road diesel vehicles that operate in California. The proposed regulation would 

also establish requirements for any in-state or out-of-state motor carrier, Californiabased broker, or any California resident who hires or dispatches vehicles subject to the 

regulation. The Board will also consider amendments to several existing regulations to 

ensure that these regulations and the proposed regulation work together effectively, to 

clarify a number of issues with the existing regulations to provide additional compliance 

flexibility, and to improve enforceability in general. Specifically, the proposal would 

amend existing regulations for in-use off-road diesel vehicles, mobile cargo handling 

equipment at ports and intermodal rail yards, in-use on-road diesel-fueled heavy-duty 

drayage trucks, on-road heavy-duty diesel-fueled vehicles owned or operated by public 

agencies and utilities, reducing idling emissions from new and in-use trucks, heavy duty 

engines and vehicle exhaust emissions standards and test procedures, the airborne 

toxic control measure (ATCM) for portable diesel-engines rated at 50 horsepower and 

greater, and the portable equipment registration program. 

This notice summarizes the proposed regulatory action, including the regulation 

proposed for adoption and the regulations proposed for amendment. The staff report 

(Initial Statement of Reasons) and a technical support document present the proposed 

regulations and information supporting the adoption or amendment of the regulations in 

greater detail. 

 DATE: December 11, 2008 

 TIME: 9:00 a.m. 

 PLACE: California Environmental Protection Agency 

Air Resources Board 

Byron Sher Auditorium 

1001 I Street 

Sacramento, California 95814 
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This item will be considered at a two-day meeting of the Board, which will commence at 

9:00 a.m., December 11, 2008, and may continue at 8:30 a.m., December 12, 2008. 

This item may not be considered until December 12, 2008. Please consult the agenda 

for the meeting, which will be available at least ten days before December 11, 2008, to 

determine the day on which this item will be considered. 

During the course of the Board’s consideration of this proposal, it may adjourn to allow 

the public and interested parties to view new and emerging technologies that are being 

developed for use in complying with the proposed rulemaking. 

For individuals with sensory disabilities, this document and other related material can be 

made available in Braille, large print, audiocassette, or computer disk. For assistance, 

please contact ARB's Reasonable Accommodations/Disability Coordinator at 

916-323-4916 by voice or through the California Relay Services at 711, to place your 

request for disability services, or go to http://www.arb.ca.gov/html/ada/ada.htm. 

If you are a person with limited English and would like to request interpreter services to be 

available at the Board meeting, please contact ARB's Bilingual Manager at 916-323-7053. 

INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT 

OVERVIEW

A. Sections Affected: Proposed adoption to California Code of Regulations (CCR), 

title 13, new section 2025, entitled “Regulation to Reduce Emissions of Diesel 

Particulate Matter, Oxides of Nitrogen and Other Criteria Pollutants from In-Use HeavyDuty Diesel-Fueled Vehicles;” Proposed amendments to CCR, title 13, section 2020, 

“Purpose and Definitions of Diesel Particulate Matter Control Measures;” Proposed 

amendments to CCR, title 13, sections 2022 and 2022.1, “Diesel Particulate Control 

Measure for Municipality or Utility On-Road Heavy-Duty Diesel-Fueled Vehicles;” 

Proposed amendments to CCR, title 13, section 2027, “Regulation to Control Emissions 

from In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks;” Proposed 

amendments to CCR, title 13, sections 2449 and 2449.3, “Regulation for In-Use 

Off-Road Diesel-Fueled Fleets;” Proposed amendments to CCR, title 13, sections 2451, 

2452, 2453, 2455, 2456, 2458, 2461, and 2462 of the “Statewide Portable Equipment 

Registration Program;” Proposed amendments to CCR, title 13, section 2479, 

“Regulation for Mobile Cargo Handling Equipment at Ports and Intermodal Railyards;” 

Proposed amendments to CCR, title 13, section 2485, “Airborne Toxic Control Measure 

to Limit Diesel Fueled Commercial Motor Vehicle Idling;“ Proposed amendments to 

CCR, title 13, section 1956.8, “Exhaust Emissions Standards and Test Procedures – 

1985 and Subsequent Model Heavy-Duty Engines and Vehicles;” and Proposed 

amendment to CCR, title 17, sections 93116.1, 93116.2 and 93116.3 of the “Airborne 

Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 

50 Horsepower and Greater.” 
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B. Background: Proposed Regulation to Reduce Emissions of Diesel PM and 

NOx from In-Use On-Road Diesel Vehicles 

Over the past 30 years, as part of its mission to protect public health, the Board has 

established requirements to reduce emissions from new and in-use on-road motor 

vehicles and engines, and other sources. Since 1990, ARB and the United States 

Environmental Protection Agency (U.S. EPA) have worked together to harmonize 

emission control requirements for new heavy-duty diesel engines. In 2001, ARB 

adopted amendments that aligned the California exhaust emission standards for 

heavy-duty diesel engines with those promulgated by the U.S. EPA for 2007 and 

subsequent model year engines. The standards represented a 90 percent reduction of 

NOx emissions, 72 percent reduction of non-methane hydrocarbon, and 90 percent 

reduction of particulate matter (PM) emissions compared to 2004 model year standards. 

When fully implemented, it is anticipated that the emissions reductions from the new 

emissions standards will only be achieved with diesel particulate filters and NOx 

exhaust aftertreatment.1

 Because of the long useful lives of diesel engines, through 

normal replacement of older vehicles, these newer lower emitting engines will be 

introduced into the state and national fleets relatively slowly. Consequently, contribution 

of these emissions reductions in meeting national ambient air quality standards 

(NAAQS) for fine particulate matter (PM2.5) and ozone will be slow to materialize. The 

proposed regulation would provide the necessary emissions reductions by the 

mandatory deadlines for meeting the NAAQS for PM2.5 and ozone by requiring the 

installation of retrofits for PM exhaust emissions control on existing engines and by 

accelerating the introduction of cleaner engines into fleets operating in California. 

Control of Toxic Air Contaminants 

The California Toxic Air Contaminant Identification and Control Program (Air Toxics 

Program), established under California law by Assembly Bill 1807 (Stats. 1983, 

Ch. 1047) and set forth in Health and Safety Code (HSC) sections 39650 through 

39675, requires ARB to identify and control toxic air contaminants (TAC) in California. 

The identification phase of the Air Toxics Program requires ARB, with the participation 

of other state agencies, such as the Office of Environmental Health Hazard 

Assessment, to evaluate the health impacts of, and exposure to, substances, and to 

identify those substances that pose the greatest health threat as TACs. ARB's 

evaluation is made available to the public and is formally reviewed by the Scientific 

Review Panel (SRP) established under HSC section 39670. Following ARB's 

evaluation and the SRP's review, the Board, pursuant to section 39662, may formally 

identify a TAC at a public hearing. Following identification, HSC sections 39658, 39665, 

39666, and 39667 require ARB, with the participation of the air pollution control and air 

quality management districts (districts), and in consultation with affected sources and 

interested parties, to prepare a report on the need and appropriate degree of regulation 

for that substance and to adopt airborne toxic control measures (ATCM). 

 

1

 NOx is a precursor to both PM2.5 and ozone. 
4 

In 1998, the Board identified particulate matter emitted from diesel engines (diesel PM) 

as a TAC and in 2001, adopted the Risk Reduction Plan to Reduce Particulate Matter 

Emissions from Diesel-Fueled Engines and Vehicles (Diesel Risk Reduction Plan or 

diesel RRP). The diesel RRP identified ATCMs and regulations that would set more 

stringent exhaust emission standards for new diesel-fueled engines and vehicles, 

establish retrofit requirements for existing engines, vehicles, and equipment, and 

require the sulfur content of diesel fuel to be reduced to no more than 15 parts per 

million by weight (ppmw). The new sulfur standard was needed to enable the 

performance of the emission control technologies. The scope of the Diesel RRP was 

broad, addressing all categories of engines, both mobile and stationary, and included 

control measures for private and public fleets of on-road and off-road diesel vehicles. 

The ultimate goal of the Diesel RRP was to reduce California’s diesel PM emissions and 

associated cancer risks from 2000 baseline levels by 85 percent by 2020. 

Attainment of Ambient Air Quality Standards 

The federal Clean Air Act (CAA) requires U.S. EPA to establish NAAQS for pollutants 

considered harmful to public health, including fine particulate matter (PM2.5) and ozone. 

The standards are based on a review of health studies by experts and a public process 

and are set at levels which are protective of public health. Ambient PM2.5 is associated 

with premature mortality, aggravation of respiratory and cardiovascular disease, asthma 

exacerbation, chronic and acute bronchitis and reductions in lung function. Ozone is a 

powerful oxidant and exposure to this pollutant can result in reduced lung function, 

increased respiratory symptoms, increased airway hyper-reactivity, and increased 

airway inflammation. Exposure to ozone is also associated with premature death, 

hospitalization for cardiopulmonary causes, and emergency room visits for asthma. 

The existing fleets of heavy-duty diesel trucks are among the largest contributors to 

PM2.5 and ozone forming emissions. The vehicles affected by the proposed regulation 

produce approximately 40 percent of the statewide emissions of oxides of nitrogen 

(NOx) and about 32 percent of the statewide PM emissions generated by diesel mobile 

sources. 

Fifteen areas in California are designated nonattainment of the federal ozone standard, 

including the South Coast Air Basin, the San Joaquin Valley, the Sacramento region, 

San Diego, Ventura, and a number of air districts downwind of urban areas. In addition, 

the South Coast Air Basin and the San Joaquin Valley are designated nonattainment of 

the federal PM2.5 standard. Federal law mandates the development of State 

Implementation Plans documenting the actions the state will take to attain the federal air 

quality standards in these areas. 

In September 2007, ARB adopted a State Implementation Plan (SIP) committing the 

State to develop measures to achieve emission reductions from sources under State 

regulatory authority. The reductions are needed to attain the NAAQS for ozone and 

PM2.5. While multiple areas across the State exceed federal air quality standards, the 

air quality in the South Coast and the San Joaquin Valley poses the greatest challenge 

and defines the amount of reductions needed. Reductions are needed by 2014 to meet 
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the PM2.5 attainment deadline and by 2023 to meet the ozone attainment deadline. An 

interim target date of 2017 was adopted by ARB for the San Joaquin Valley to meet the 

ozone NAAQS as part of an effort to accelerate progress toward attainment before 

2023. 

The largest share of new emission reductions in the 2007 SIP is expected from trucks. 

In 2014, reductions from both NOx and PM2.5 are needed to meet the federal air quality 

standard for PM2.5. To meet the emission reduction targets necessary to meet the 

ozone NAAQS in 2017 and 2023, the focus of emission reductions is on NOx. 

Accordingly, in its SIP submittals to U.S. EPA, ARB has adopted 2014 reduction 

commitments for both NOx and PM2.5, and further NOx reduction commitments in 

2017, 2020 and 2023. As part of the overall SIP commitment, ARB staff is also 

obligated to bring measures to the Board for its consideration. This rule is one of these 

commitments. ARB staff has used the targeted reductions estimated in the SIP as the 

goal for this rulemaking. 

The California Global Warming Solutions Act of 2006

The California Global Warming Solutions Act of 2006 established requirements for a 

comprehensive program of regulatory and market mechanisms to achieve real, 

quantifiable, cost-effective reductions of greenhouse gases (GHG).2

 The legislation 

gave ARB responsibility for monitoring and reducing GHG emissions. The statute 

requires ARB to adopt regulations and other requirements that would reduce by 2020 

statewide GHG to the equivalent of 1990 levels. 

C. Background: The Proposed Amendments to Existing Regulations

Purpose and Definitions of Diesel Particulate Matter Control Measures: This regulation 

(section 2020 of title 13, CCR) defines terms that apply generally to the regulations that 

control diesel PM emissions from on-road vehicles. It was adopted by the Board in 

July 2003 and modified in February 2005. 

Municipality or Utility On-Road Heavy-Duty Diesel-Fueled Vehicles: ARB adopted this 

regulation in December 2005 to reduce public exposure to diesel PM emissions from 

on-road heavy-duty diesel fueled vehicles owned or operated by public agencies or 

utilities. The regulation requires municipalities and utilities to apply best available 

control technology (BACT) to on-road heavy-duty diesel-fueled vehicles with a 1960 to 

2006 model year medium heavy-duty or heavy heavy-duty engine having a 

manufacturer’s gross vehicle weight rating (GVWR) greater than 14,000 pounds. BACT 

can be an alternative fuel engine, a diesel engine certified to a 0.01 grams per brake 

 

2

 Established under California law by Assembly Bill 32 (Stats. 2006, ch. 488) and set forth in 

HSC § 38500 et seq. Greenhouse gases are those that tend to increase average global 

temperatures through absorption of infrared radiation or other mechanisms. These include, 

but are not limited to, carbon dioxide (CO2) and methane (CH4) 
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horsepower-hour (g/bhp-hr) PM standard, or application of the highest level ARB 

verified diesel emission control strategy (DECS) to a diesel engine. A municipality or 

utility may receive credit toward their BACT requirement by retiring a vehicle. 

The rule divides these engines into three model year groups: Group 1 (1960-1987), 

Group 2 (1988-2002), and Group 3 (2003-2006). BACT must be applied according to a 

specified implementation schedule that sets compliance deadlines and the percentage 

of the fleet that must be equipped with BACT by each deadline. 

Regulation for In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks: In 

December 2007, ARB adopted a regulation to reduce emissions from diesel-fueled 

drayage trucks – described as trucks that transport containers, bulk, and break-bulk 

goods to and from ports and intermodal rail yards. The regulation applies to owners 

and operators of diesel-fueled drayage tractors having a GVWR greater than 

33,000 pounds that operate at California ports, intermodal rail yards, or both. There are 

approximately 100,000 drayage tractors of which nearly 20,000 frequently service ports 

and rail yards. 

The requirements of the regulation will be implemented in two phases. In Phase 1, by 

December 31, 2009, all drayage trucks must be equipped with a 1994 to 2003 model 

year engine and a level 3 verified DECS for PM emissions or they must be equipped 

with a 2004 model year or newer engine. In Phase 2, all drayage tractors are required 

to meet the 2007 model year engine standard by December 31, 2013. All drayage 

trucks involved in work at affected ports and rail yards must be registered in the ARB’s 

drayage truck registry (DTR) by late 2009. 

Regulation for In-Use Off-Road Diesel Vehicles: In July 2007, ARB adopted a 

regulation to reduce diesel PM and NOx emissions from in-use off-road heavy-duty 

diesel-fueled engines with maximum power of 25 horsepower (hp) or greater. These 

engines are used to provide motive power in a workover rig or any other motor vehicle 

that cannot be registered and driven safely on-road, and is not an implement of 

husbandry or recreational off-highway vehicle. The regulation applies only to engines 

that drive self-propelled vehicles (that is, it does not apply to stationary equipment or 

portable equipment like generators). Examples include loaders, crawler tractors, skid 

steers, backhoes, forklifts, and airport ground support equipment. 

The regulation establishes fleet average emission rate targets for PM and NOx for all 

off-road vehicles operating in the State. By the applicable compliance date for each 

year, the regulation requires each fleet to meet the fleet average emission rate targets 

for PM or apply the highest level verified DECS to 20 percent of its horsepower. Each 

year, the regulation also requires large and medium fleets to meet the fleet average 

emission rate targets for NOx or to turn over a certain percent of their horsepower (8 

percent in early years, and 10 percent in later years). “Turn over” means repowering 

with a cleaner engine, rebuilding the engine to a more stringent emissions configuration, 

retiring a vehicle, replacing a vehicle with a new or used piece, or designating a dirty 
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vehicle as a low-use vehicle. If retrofits that reduce NOx emissions become available, 

they may be used in lieu of turnover as long as they achieve the same emission 

benefits. 

Large fleets are subject to the PM and NOx requirements beginning in 2010. Medium 

fleets are subject to the PM and NOx requirements beginning in 2013. Small fleets are 

subject only to the PM requirements beginning in 2015. 

Regulation for Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards: In 

December 2005, ARB adopted the Regulation for Mobile Cargo Handling Equipment at 

Ports and Intermodal Rail Yards to reduce emissions of diesel PM and NOx from these 

vehicles. Mobile cargo handling equipment includes any motorized vehicle equipped 

with a diesel-cycle engine that is used primarily off road at a port or intermodal rail yard 

to handle cargo or to perform scheduled or predictable maintenance or repair activities. 

The regulation includes requirements, based on BACT, for equipment newly added to a 

fleet on or after January 1, 2007, as well as for in-use equipment. Vehicles such as 

mobile cranes and sweepers were required to comply beginning December 31, 2007, 

for the oldest engines, and compliance is phased in through 2013, depending on the 

number of vehicles in the fleet and the age of a vehicle’s engine. 

Statewide Portable Equipment Registration Program: In March 1997, the Board 

adopted a regulation establishing the Statewide Portable Equipment Registration 

Program (PERP) which became effective on September 17, 1997. The Board has since 

approved amendments to the Statewide Regulation on December 11, 1998, 

February 26, 2004, June 22, 2006, and March 22, 2007. The regulation includes record 

keeping and reporting requirements and sets fee schedules for registration and 

inspection of the portable engines and equipment that have registered in the program. 

Most of the engines associated with portable equipment are diesel fueled, making these 

engines also subject to the requirements of the Portable Engine ATCM. 

Portable Engine ATCM: In February 2004, ARB adopted an ATCM that requires a 

phase-in of cleaner technologies that would result in the reduction and eventual 

elimination of high-emission engines. The ATCM requires most portable engines larger 

than 50 hp that were permitted by local air quality management or air pollution control 

districts (air districts) or registered in PERP as of December 31, 2005, to be certified to 

Tier 1, 2, or 3 U.S. EPA/ARB new off-road engine emission certification standards by 

January 1, 2010. Uncertified diesel engines that are designated as emergency use or 

low use may operate beyond 2010 if they will be replaced with Tier 4 engines within two 

years of such engines becoming available. In addition, starting in 2013, all fleets of 

portable engines would have to meet diesel PM emission averages that become 

progressively more stringent in 2017 and 2020. In March 2007, the ATCM was 

amended to allow statewide registration and district permitting of Tier 1 and Tier 2 

engines that had been operating in California between March 1, 2004 and 

October 1, 2006. These amendments also allowed local air districts to permit resident 

uncertified engines at their discretion. In order to be registered in PERP after 

January 1, 2010, the ATCM requires that the engines must be certified to the most 
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stringent ARB or U.S. EPA off-road emission certification standards in effect at the time 

of application. The current ATCM does not have a time limit for when a district must 

stop issuing new permits for uncertified engines 

ATCM to Limit Diesel-Fueled Commercial Motor Vehicle Idling: The ARB adopted the 

Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling 

in July 2004 and amended it in October 2005. The ATCM requires diesel-fueled 

vehicles over 10,000 pounds GVWR to comply with a five-minute idling restriction at all 

times and at any location. Starting with the 2008 model year, new truck engines are 

also required to either be equipped with a non-programmable and tamper-resistant 

engine shutdown system that automatically shuts down the engine after 5 minutes of 

idling or optionally to meet a NOX idling standard of 30 grams per hour. The engine 

shutdown system could be overridden when the engine is operating power take-off 

(PTO) equipment. Operators of pre-2008 model year trucks are required to manually 

shut down the vehicle’s engine after five minutes of continuous idling. The idling 

limitations would not apply when idling is necessary to perform work for which the 

vehicle was designed. 

Exhaust Emissions Standards and Test Procedures – 1985 and Subsequent Model 

Heavy-Duty Engines and Vehicles: Section 1956.8 of the CCR specifies exhaust 

emissions standards and test procedures applicable to 1985 and subsequent model 

year heavy-duty engines and vehicles. With the adoption of the sleeper berth idling 

provisions of the Commercial Motor Vehicle Idling ATCM, section 1956.8 regulation was 

modified to add new engine requirements for new 2008 and subsequent model year onroad diesel engines with a GVWR greater than 14,000 pounds to be equipped with an 

engine shutdown system that automatically shuts down the engine after five minutes of 

continuous idling. In lieu of the engine shutdown system requirement, manufacturers 

may optionally certify their engines to a NOx idling emission standard of 30 grams per 

hour under loaded, low and high idle operating conditions. The engine requirements of 

section 1956.8 would have to be amended as necessary to be consistent with any 

modifications to the Commercial Motor Vehicle Idling ATCM. 

D. DESCRIPTION OF THE PROPOSED REGULATORY ACTION – PROPOSED 

REGULATION TO REDUCE EMISSIONS OF DIESEL PM AND NOX FROM IN-USE 

ON-ROAD DIESEL VEHICLES

Applicability 

The proposed new regulation would apply to any person, business, or federal 

government agency that owns or operates affected vehicles in California. Affected 

vehicles include heavy-duty diesel-fueled vehicles with a GVWR greater than 

14,000 pounds, yard trucks with off-road certified engines and diesel-fueled shuttle 

vehicles of any GVWR that have a capacity of 10 or more passengers and routinely 

drive an average of 10 trips per day to or from airport terminals, marine terminals, and 

rail based stations. Drayage trucks and utility owned vehicles would be subject to the 

regulation beginning January 1, 2021. The proposed regulation would be applicable 

regardless of where the vehicle is registered. The proposed regulation would also 
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establish requirements for any in-state or out-of-state motor carrier, California-based 

broker, or any California resident who hires or dispatches vehicles subject to the 

regulation. California sellers of a vehicle subject to the proposed regulation would have 

to disclose the regulation’s potential applicability to buyers of the vehicles. The 

proposed regulation would not apply to military tactical support vehicles, authorized 

emergency vehicles, and private motor homes not used for commercial purposes. 

Performance Requirements 

In general, the regulation would require owners to reduce PM and NOx emissions from 

their fleet by upgrading the vehicles to meet BACT standards for PM and NOx. The 

BACT standard for PM is an engine equipped with the highest level verified DECS for 

PM or an engine originally equipped with a diesel particulate filter by the engine 

manufacturer. The BACT standard for NOx is an engine newly manufactured in 2010 or 

later or a 2010 emissions equivalent engine. 

A fleet may meet these performance requirements by retrofitting a vehicle with a verified 

DECS3

 that will achieve PM or NOx reductions or both as required, replacing an engine 

with a newer cleaner one, or replacing a vehicle with one having a cleaner engine. 

The regulation provides three options for complying with the performance requirements. 

First, a fleet would be able to comply with a prescribed BACT schedule that would 

determine the number of verified DECS that must be installed and the required vehicle 

replacements based on the vehicle’s engine model year. Second, a fleet could meet a 

BACT percent limit option that sets the minimum number of verified DECS to be 

installed and the minimum number of engines required to meet the 2010 engine 

requirements each year. Third, a fleet could meet a fleet average option. The owner 

would use PM and NOx emission factors established by the regulation to calculate the 

average emissions of the fleet. By the applicable compliance date each year, the owner 

would have to demonstrate that the fleet met the PM and NOx fleet average emission 

rate targets set by the regulation. The targets would decline over time, requiring fleets 

to reduce their emissions further as time goes on. 

During the first two years of the regulation, starting January 1, 2011, fleets would be 

required to install PM verified DECS for certain engine model years. The regulation 

would then require owners to reduce both PM and NOx emissions from the fleet by 

accelerating engine or vehicle replacement between January 1, 2013 and the end of 

2022 so that by January 1, 2023, all engines would be the cleanest available – that is, 

having a 2010 or later model year engine or be retrofitted to achieve equivalent 

emission reductions. 

 

3

 A retrofit device that has been verified under ARB’s Verification Procedure, Warranty and InUse Compliance Requirements for In-Use Strategies to Control Emissions from Diesel 

Engines, title 13, CCR, sections 2700 et seq. 
10 

In coordination with changes being made to other regulations regarding dual engine 

street sweepers, the auxiliary engine on the street sweepers would be required to meet 

the PM performance requirements on the same schedule as that of the propulsion 

engine. The operation of Tier 0 auxiliary engines on dual engine street sweepers would 

be limited to a maximum of 250 hours per year until January 1, 2014 and then lowered 

to a maximum of 100 hours per year thereafter. 

Special Provisions for Small Fleets 

Fleets with one to three vehicles would be exempt from the 2010 and 2011 PM exhaust 

retrofit requirements. By January 1, 2013, small fleets would need to show they consist 

of at least one vehicle equipped with a 2004 model year or newer engine and a PM 

exhaust retrofit. By January 1, 2018 that vehicle would need to meet the PM and NOx 

performance requirements. The second vehicle in a fleet with two vehicles would be 

required to meet the PM and NOx performance requirements by January 1, 2014. A 

fleet of three vehicles could comply in one of two ways: (1) by having its two remaining 

vehicles meet the PM and NOx performance requirements by January 1, 2014 or (2) 

electing to have its second vehicle meet the 2010 engine emissions requirements by 

January 1, 2014 and the third vehicle meet the PM and NOx performance requirements 

by January 1, 2016. 

Exemptions, Compliance Extensions and Special Circumstances 

The proposed regulation would exempt all vehicles operated less than 1000 miles and 

100 hours per year (low-use vehicles) from the regulation’s PM and NOx performance 

requirements. These vehicles would still, however, be subject to the regulation’s 

reporting requirements. 

Schoolbuses would be exempt from any NOx performance requirements. The 

regulation would also exempt the following vehicles from the NOx performance 

requirements until the dates listed below: 

• January 1, 2018 

o Cab-over-engine truck tractors exclusively pulling 57 foot trailers 

• January 1, 2021 

o Unique vehicles; 

o Vehicles that operate exclusively in counties that the regulation identifies as 

attainment of the federal ozone and PM ambient air quality standards and 

do not contribute to downwind exceedances of the state ozone standard; 

o Vehicles with a GVWR less than 33,000 pounds that are operated less than 

5000 miles. Those using power take off (PTO) to perform work while 

stationary must also operate the engine less than 175 hour per year; and 

o Truck tractors and vehicles with a GVWR greater than 33,000 pounds that 

are operated less than 7500 miles. Those using PTO to perform work while 

stationary must also operate less than 250 hours per year; 
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o Yard tractors that operate less than 250 hours per year. 

The regulation would also provide a compliance extension for fleets that take action to 

comply early. If a fleet installs the highest level verified DECS on one or more vehicles 

by January 1, 2010, the vehicle would be exempt from the NOx performance 

requirements until January 1, 2014 for each of those vehicles. 

The proposed regulation would also allow a fleet to use hybrid vehicles for credit toward 

compliance with the fleet average as long as the fleet can demonstrate that the fuel 

economy of the hybrid vehicle is at least 20 percent better than an equivalent vehicle. 

The credit would expire January 1, 2018. The proposed regulation would allow the fleet 

to double count the number of hybrid vehicles in the fleet that may be used to calculate 

the PM and NOx indices and fleet average target rates or for determining the percent 

limit requirements. 

Credit would also be granted for fleets using vehicles equipped with alternative fuel or 

heavy-duty pilot ignition engines in calculating the NOx and PM fleet average target 

rates for determining compliance with the fleet average option. The PM emission factor 

would be zero and the NOx emission factor would be based on the engine model year 

to which the engine has been certified. 

The proposed regulation would also provide fleets with effective compliance extensions 

if the retrofits, repowers, or new engines needed for compliance with the regulation are 

not available because of manufacturer delays. 

Special Provisions for Agricultural Vehicles 

The proposed regulation would provide certain heavy-duty on-road diesel vehicles used 

in agricultural operations (agricultural vehicles) with additional time to meet the PM and 

NOx performance requirements. Agricultural vehicles are those vehicles that are used 

exclusively in agricultural and forest operations, those used exclusively to transport 

agricultural products to the first point of processing after harvest, and certain heavy-duty 

vehicles that exclusively deliver fertilizer or crop protection products from a distribution 

center to farms. 

The regulation would allow agricultural vehicles that operate below specified mileage 

thresholds to delay compliance with the performance requirements provided they 

remain below the specified thresholds. Agricultural vehicles that operate over the 

thresholds would be required to meet the same requirements as other on-road vehicle 

fleets. The mileage thresholds to qualify for exemption and the period of exemption are 

as follows: 

• for vehicles that operate below 10,000 miles annually until January 1, 2023; 

• for vehicles with engine model year 1995 and older that operate up to 15,000 miles 

annually until January 1, 2017; 

• for vehicles with engine model year 1996 through 2005 operate below 20,000 miles 

until January 1, 2017; 
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• for vehicles with engine model year 2006 and newer that operate below 

25,000 miles until January 1, 2017. 

The regulation would also define a limited number of specialty agricultural vehicles that 

would be exempt from the NOx and PM performance requirements until 

January 1, 2023. 

By January, 2010, the proposed regulation would require an agricultural vehicle fleet 

owner to designate the agricultural vehicles in its fleet that qualify for exemption. Once 

the fleet owner has identified and designated the agricultural vehicles in its fleet that 

qualify for compliance under a specific mileage threshold category, it cannot add any 

further vehicles to that category. By January 1, 2023 all heavy-duty on-road diesel 

agricultural vehicles would be required to meet 2010 model year engine emissions 

requirements regardless of annual mileage driven. 

Record Keeping and Reporting Requirements 

Fleet owners who chose the BACT compliance schedule would not be required to report 

on their fleets. Under the proposed regulation, all other fleets would be required to 

report their affected vehicles and associated engine data annually to ARB starting in 

2010. These fleets would also be required to keep records of all data reported, as well 

as any changes made to their respective fleets since the last report filed until 

December 31, 2022, or as long as the owner owns the vehicles. 

At the hearing, the Board may consider other elements that may provide additional 

flexibility to affected vehicles. 

Penalties 

Under the proposed regulation, fleets that fail to comply with the regulation’s 

requirements would be subject to penalties consistent with the penalty provisions set 

forth in the Health and Safety Code. 

E. Effect of Proposed Regulation to Reduce Emissions Of Diesel PM and NOx 

from In-Use On-Road Diesel Vehicles 

The proposed regulation would provide diesel PM and NOx emissions reductions that 

would have a substantial positive air quality impact throughout California. By reducing 

emissions of pollutants that contribute to elevated ambient levels of particulate matter 

and ozone, the regulation would help achieve attainment of the NAAQS for PM and 

ozone. Significant additional health benefits would also be obtained with the reductions 

of ambient levels of diesel PM. 

The proposed regulation would not achieve the 2010 or the 2020 goals set forth in the 

2000 Diesel RRP of reducing diesel PM by 75 percent and 85 percent, respectively from 

2000 baseline levels. Staff projects that the proposed regulation would reduce in-use 

on-road vehicle diesel PM emissions from the 2000 baseline by 16 percent in 2010 and 
13 

80 percent in 2020. However, the proposed regulation would achieve the maximum 

achievable reductions of diesel PM emissions from in-use on-road diesel vehicles. 

The regulation would also reduce diesel PM and NOx emissions that contribute to 

exceedances in the State of the NAAQS for both PM2.5 and ozone. In 2020, the 

regulation is expected to reduce diesel PM emissions by 5.6 tons per day and NOx 

emissions by about 79 tons per day statewide, which represents a 43 percent reduction 

in diesel PM and a 23 percent reduction in NOx from emission levels that would be 

anticipated in the absence of the regulation. 

The proposed regulation would meet or exceed the combined NOx and PM2.5 SIP fleet 

rule targets in both the South Coast and San Joaquin Valley air basins for all years. In 

2014, in the South Coast Air Basin, the SIP target would be met by achieving slightly 

more PM2.5 reductions and slightly less NOx than expected. The proposed regulation 

would also help achieve the SIP reduction goals in 2020 for attainment in regions 

downwind of the South Coast and the San Joaquin Valley air basins. 

The emission reductions from the regulation are expected to prevent approximately 

9400 premature deaths over the course of the regulation (2800 to 17000, 95 percent 

confidence interval), and would result in about 150,000 fewer asthma-related cases and 

950,000 fewer lost work days. The economic valuation of the health impacts are 

estimated to range from $48 to $68 billion. 

The net climate change effect of the proposed regulation would be slightly positive. 

Staff’s analysis of the climate change impact of the proposed regulation addresses only 

the direct emissions from the affected vehicles. Some actions to comply with the 

proposed regulation could increase carbon dioxide (CO2) emissions by increasing fuel 

consumption, whereas other actions would reduce fuel consumption. For example, a 

vehicle owner who complies with the regulation by retrofitting the vehicle with a diesel 

particulate filter (DPF) could potentially experience a decrease in the vehicle’s fuel 

economy of about 2 percent. However, as the fleet is modernized to comply with the 

regulation, selective catalytic reduction (SCR) is expected to replace exhaust gas 

recirculation (EGR) as the primary NOx emissions control technology. SCR for 

2010 model year engines permits operation of the engine at more optimal combustion 

temperatures to provide better power and fuel efficiency improvements as well as lower 

PM generation. The expected improvements in fuel economy of 3 to 5 percent would 

offset the potential climate change impacts of the widespread installation of DPFs on 

the overall fuel economy of the fleet. The proposed regulation would also reduce 

emissions of black carbon – a component of diesel PM and a likely contributor to global 

warming – which would further reduce climate change impacts attributed to the overall 

impact on fuel economy. 
14 

F. DESCRIPTION AND EFFECT OF PROPOSED AMENDMENTS TO EXISTING 

REGULATIONS 

The staff is proposing amendments to the regulations identified above in section C. to 

clarify a number of issues with the existing regulations, to provide additional compliance 

flexibility as it relates to the existing regulations and to the proposed new regulation for 

in-use on-road diesel vehicles, and to generally improve enforceability of the existing 

regulations. For example, the amendments will clarify that mobile cranes are not 

subject to multiple regulations with different compliance dates and requirements. 

Purpose and Definitions of Diesel Particulate Matter Control Measures: The proposed 

amendment would modify the definition of “municipality”. Under the current definition, 

agencies of the United States of America are subject to the regulation for municipality 

and utility heavy-duty diesel vehicles. The proposed amended definition would exclude 

federal agencies and consequently fleets owned by the federal government would not 

be subject to the municipality and utility fleet regulation. This modification became 

necessary after it was determined that CAA section 118 did not require federal fleet 

operators to comply with the municipality and utility fleet regulation because the 

regulation did not generally apply to nongovernmental entities. Tribal reservations and 

rancherias would also be excluded in the revised definition of “municipality”. Fleets 

owned and operated by these entities would be subject to the proposed regulation for 

heavy-duty diesel vehicles. 

Municipality and Utility Diesel-Fueled Vehicles: Staff is proposing modifications that 

would expand the scope of this regulation and would add new language to address 

ambiguities and omissions in the regulation when initially adopted. Among other things, 

the proposed amendments would add requirements to ensure that retirement credit is 

properly granted to fleets. Staff is also proposing changes for utility fleets to improve 

compatibility with actions needed to comply with the In-Use On-Road Heavy-Duty 

Vehicle regulation. 

Staff’s proposed revision of section 2022(a) would expand the scope and applicability of 

the regulation to include light heavy-duty engines that were inadvertently omitted from 

the original scope of the regulation. Staff is also proposing to expand the scope to 

include 2007 model year and newer engines certified under Averaging Banking and 

Trading (ABT) provisions at PM levels greater than the 2007 model year standard of 

0.01 g/bhp-hr. This revision is consistent with the original intent of the regulation to 

require upgrades of all engines that did not meet the PM BACT standard of 

0.01 g/bhp-hr. 

A proposed compliance extension provision (section 2022.1(d)(7)) would allow 

municipalities and utilities to apply for a one-year extension of the intermediate 2009 

compliance deadline for light heavy-duty engines. The municipality or utility would be 

required to document that the addition of light heavy-duty engines to the scope of the 

regulation would have prevented the fleet from meeting the 2009 compliance deadline. 
15 

Staff is proposing an optional extension for privately-owned utilities (utility) that would 

provide a two-year delay of the intermediate and final BACT PM deadlines, 

accompanied by requirements that, by December 31, 2013, thirty percent of a utility’s 

vehicles meet the 2010 engine emission standards, and an additional twenty percent 

meet the 2007 or newer engine emission standards. 

Staff is proposing amendments that would also provide a means of ensuring that 

owners get BACT credit for vehicles sold out of state and vehicles sold out of state for 

retirement credit could not be re-sold in California unless they met the BACT 

requirements. The proposed new language in section 2022.1(f)(1)(k) would establish a 

process for qualifying a vehicle that requires the municipality or utility to obtain a 

Department of Motor Vehicle (DMV) registration hold or “VIN Stop”. Proposed language 

in section 2022.1(h) establishes contract requirements for out-of-state sales through a 

third party vehicle seller. The contract language would ensure that the seller informs 

buyers of the prohibitions against re-registering or operating retired vehicles in the 

State. 

Staff is also proposing to modify the definition of “retirement” in section 2022(b)(8) to 

grant credit for the sale within California of dual-engine street sweepers with 2004 –

 2006 model year engines, provided that, in the case of private-sector buyers, they 

comply with the newly proposed on-road diesel vehicles regulation described in 

section D. above. This would make used street sweepers available for purchase by 

private fleets and help to reduce the cost of the proposed regulation for these private 

fleets. 

The proposed amendments would add new definitions for “lease”, “operate”, “sold 

outside of the State of California”, “third party vehicle seller”, and “VIN stop” to support 

the changes being proposed. The definition of “total fleet” was revised to make it 

consistent with the revised scope of the regulation. 

Drayage Trucks: Staff is proposing modifications to the drayage truck regulation to add 

a phase one requirement for drayage trucks with 2004 – 2006 model year engines, a 

change in liquefied natural gas (LNG) fueled truck applicability, and clarifications on the 

applicability of alternative and dual-fueled diesel trucks. 

Staff is proposing to require that 2004 model year engines be equipped with the highest 

level verified DECS for PM by January 1, 2012, and that 2005 model year-2006 model 

year engines be equipped with the highest level verified DECS for PM by January 1, 

2013. This requirement would align the drayage truck regulation with the proposed inuse on-road diesel vehicle regulation. This would help meet the State’s PM emission 

reduction commitments, and would ensure uncontrolled trucks won’t cycle into the 

drayage fleet to avoid the in-use on-road diesel vehicle regulation requirements. 

Staff is also proposing additional changes to be consistent with the proposed In-Use 

Heavy Duty Diesel Vehicle Regulation. Staff is proposing to define pilot injection LNG 

fueled trucks consistent with the Alternative Fueled vehicle definition. The proposed 
16 

change would exempt subject pilot injected LNG fueled trucks from the emission 

requirements. Staff also is proposing to include ‘alternative diesel-fueled and dualfueled’ trucks in the applicability section (b)(1). 

Finally, staff is proposing to add or modify the following definitions: “Dual-Fueled 

Engine”, “Alternative Diesel Fuel”, “Compression Ignition Engine”, and “Diesel-Fueled”. 

All definition additions or changes would not modify the applicability or intent of the 

drayage truck regulation. 

In-Use Off-Road Diesel Fueled Fleets: Staff is proposing to change the scope of the 

regulation for in-use off-road diesel fueled vehicles to include both the drive engine and 

the secondary engine of all two-engine cranes operated in California. The drive engine 

would be included regardless of whether it is certified as an on-road engine or as an offroad engine. Two-engine cranes are currently subject to a number of regulations. The 

upper engine is subject to the requirements of the portable engine registration program 

and ATCM for portable engines. The drive engines are subject to the in-use off-road 

diesel vehicle and would be potentially subject to the proposed in-use heavy-duty diesel 

vehicle regulation. The drive engine on cranes operating at ports or intermodal rail 

yards are subject to the requirements of the mobile cargo handling equipment 

regulation. 

Staff is also proposing to modify section 2449.3(b)(2)(c) to exclude the horsepower in 

two-engine cranes from a fleet’s maximum horsepower. This would be consistent with 

the intent of the existing in-use off-road diesel-fueled regulation that two engine cranes, 

which were never previously a part of the regulation and never considered that they 

would be used in determining fleet size and eligibility for the Surplus Off-Road Opt-in for 

NOx (SOON) program. 

New language is proposed in section 2449(e)(15) that would clarify the repower 

requirements for workover rigs. The regulation would require that any replacement 

engine must be an on-road engine if the workover rig is to be registered and driven on 

public roadways. 

Staff is proposing to modify section 2449 (e)(7) to clarify the exemption provision for 

low-use vehicles. The current regulatory language in the section exempts the low-use 

vehicles from all of the performance requirements in section 2449(d). The proposed 

modifications would require low-use vehicles to comply with the requirements for adding 

vehicles to the fleet and with the idling requirement. 

Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards: Staff is 

proposing to exclude sweepers and mobile cranes from the scope of the regulation. No 

changes would be made regarding rubber-tired gantry cranes. This change would 

provide consistency for owners and operators who would only be required to comply 

with one regulation. This proposal in combination with other changes to address cranes 

would also address other issues such as safety certification, and would provide more 

compliance flexibility. Many owners of these vehicles only provide service to the ports 
17 

on a limited basis and, if not excluded from the mobile cargo handling regulation would 

have to segregate their vehicles into two separate groupings – those required to comply 

with the mobile cargo handling regulation and those that would be required to comply 

with either the in-use off-road regulation or the proposed in-use on-road regulation. 

Portable Engine ATCM: Staff is proposing amendments to the Portable Engine ATCM 

as it applies to two-engine cranes and dual-engine street sweepers. Until now, the 

auxiliary engines on these vehicles have been registered in PERP or permitted by local 

air districts. Under the Portable Engine ATCM, these engines must be replaced by 

December 31, 2010, if they do not meet U.S. EPA or ARB emission certification 

standard. In many cases, it is infeasible, if not impossible, to repower these vehicles 

with new engines; the only alternative would be to replace the entire vehicle, with a new 

vehicle having a certified engine. To address this, staff is proposing to amend the 

portable engine ATCM to exclude the secondary engines on two-engine cranes and 

privately owned sweepers from the requirements of the ATCM. The ATCM would also 

be amended to delete the diesel PM standards and fleet requirements of title 17, CCR, 

section 93116.3(b)(4) for lattice boom cranes. Lattice boom cranes would be included 

in the proposed definition of two-engine cranes that would be added to the in-use offroad diesel-fueled vehicles regulation. 

Additionally, staff is proposing that two new sections be added to the Portable Engine 

ATCM. New section 93116.1(b)(8), would require the secondary engine on a 

two-engine crane to comply with the requirements of the regulation for in-use off-road 

diesel-fueled vehicles, and new section 93116.1(b)(9) would require the secondary 

engine on a dual-engine sweeper to comply with the requirements of the proposed 

regulation for in-use on road diesel vehicles. 

Staff is also proposing to amend the portable engine ATCM by adding a new definition 

for “crane” which would cross-reference to the proposed definition of “two-engine 

crane,” which staff is proposing to add to the regulation for in-use off-road diesel 

vehicles at title 13, CCR, section 2449(c)(56). The portable engine ATCM adds a new 

definition “street sweeper” which would cross-reference to the proposed definition of 

“dual-engine street sweeper,” which staff is proposing to add to title 13, CCR, 

section 2022(b)(2) of the regulation for municipality and utility vehicles. 

Statewide Portable Equipment Registration Program: Staff is proposing an amendment 

of the PERP regulation that would be consistent with the proposed changes to the 

portable engine ATCM. As with the ATCM, staff is proposing to add new definitions for 

“crane” and “street sweeper” that would respectively cross-reference to the in-use offroad diesel-fueled vehicles regulation and the municipality and utility fleets regulation. 

The proposed amendments would also exempt the secondary engines on two-engine 

cranes and dual-engine street sweepers from all of the emission requirements of the 

PERP regulation, except the limits on opacity specified in section 2456(f)(5). Proposed 

new language would require that the secondary engine on a crane comply with the 

applicable requirements of title 13, CCR, section 2449 of the regulation for in-use off-
18 

road diesel-fueled vehicles, and that the secondary engine on dual-engine street 

sweepers comply with the applicable requirements of title 13, CCR, section 2025 of the 

regulation proposed for in-use on-road diesel vehicles. 

Under the proposed amendments, if the secondary engine of a crane or street sweeper 

is registered in PERP, it would be exempt from the recordkeeping and reporting 

requirements of the PERP regulation, but would be respectively required to comply with 

the applicable recordkeeping, reporting and other administrative requirements of the 

regulation for in-use off-road diesel vehicles and those proposed for the regulation for 

in-use on-road diesel vehicles. 

Secondary engines on cranes and sweepers registered under the statewide PERP 

would remain subject to the inspection requirements and fees listed in the PERP 

regulation. 

Regulations to Limit Motor Vehicle Idling: Staff is proposing changes to title 13, CCR, 

section 2485 (Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor 

Vehicle Idling) and section 1956.8 (Exhaust Emissions Standards and Test Procedures 

– 1985 and Subsequent Model Heavy-Duty Engines and Vehicles) to exempt armored 

cars and workover rigs from the vehicle idling limits. When an armored car is at a pickup location at least one guard must stay onboard. Since the environment inside of an 

enclosed armored car can become extremely uncomfortable, idling of the engine for 

climate control is essential to the health and safety of the guard onboard. For this 

reason, staff is proposing to add new section 2485(d)(2)(M) to exempt armored cars 

idling while providing services for which the vehicle was designed. 

Staff is also proposing that the idling requirements for workover rigs be amended. 

Typically, in vehicles with power take off (PTO), the engine shutdown system is 

normally overridden when in PTO mode. For most vehicles this occurs when a truck’s 

engine is idling and the engine’s power is used to perform certain specialized 

non-mobile functions. However, unlike other vehicles, workover rigs use PTO to propel 

the vehicle and do not use PTO to power the specialized work while stationary. Staff is 

proposing to add a new provision in section 2485(d)(2)(N) to exempt workover rigs from 

the motor vehicle idling limit while they are performing the work for which the vehicle 

was specially designed. This proposal would allow a workover rig to carry out its 

specialized function when the vehicle is stationary and the engine is working. 

Staff is proposing to modify the engine requirements of title 13, section 1956.8 of the 

CCR to be consistent with the change proposed to the Commercial Vehicle idling limit 

ATCM for workover rigs and armored cars. The proposed changes to these engine 

requirements would add armored cars and workover rigs to the list of exempted vehicles 

in section 1956.8(a)(6)(B). 
19 

G. COMPARABLE FEDERAL REGULATIONS

Pursuant to its authority under CAA section 202(a), U.S. EPA has established emission 

standards for new diesel, alternative fuel, and gasoline on-road heavy-duty engines 

(Title 40, Code of Federal Regulations, Part 86). U.S. EPA, however, does not have 

authority to establish emission standards for in-use on-road motor vehicles. Although 

California must obtain a waiver of federal preemption under CAA section 209(b) before 

implementing new engine emission standards for new motor vehicles sold in California, 

no federal preemption exists for requirements regarding in-use motor vehicles and 

engines adopted by the State. 

CAA section 209(e)(2) allows California, upon obtaining authorization from U.S. EPA, to 

adopt and enforce emission standards and other requirements related to the control of 

emissions for new and in-use off-road engines not expressly preempted (i.e., as set 

forth in CAA section 209(e)(1), new off-road engines under 175 hp used in farm and 

construction equipment and vehicles and new locomotives and locomotive engines). 

To the extent that the amendments to ARB’s off-road regulations require authorization, 

ARB will request that U.S. EPA grant such authorization. 

There are no federal regulations comparable to the proposed regulation to reduce 

emissions of diesel PM and NOx from in-use on-road diesel vehicles that operate in 

California. Similarly, there are no federal regulations comparable to the existing 

California on-road regulations that are being proposed to be amended: the regulations 

to reduce diesel PM emissions from diesel engines owned by municipal and utility 

fleets, emissions of diesel PM and NOx from drayage trucks that operate at ports and 

intermodal rail yards in California, and that portion of the mobile cargo handling 

regulation that applies to vehicles that may operate on road. 

Presently, there are also no comparable federal on-road regulations to California’s 

heavy-duty vehicle idling requirements. The amendments to the California idling 

requirements do not require a waiver in that the amendments modify an in-use 

operational control for which states are not preempted. (See CAA section 209(d).) This 

exception has also been applied to off-road engine idling requirements. (See Engine 

Manufacturers Association v. EPA (D.C. Cir. 1996) 88 F.3d 1075.) 

There are also no federal regulations comparable to California’s in-use off-road 

regulations that are being proposed to be amended. Those regulations include the 

mobile cargo handling regulation, the in-use off-road diesel regulation, the portable 

ATCM and PERP proposed amended regulation to reduce emissions of diesel PM and 

NOx from in-use off-road diesel engines that operate in California, including those that 

operate at ports and intermodal rail yards. 

AVAILABILITY OF DOCUMENTS AND AGENCY CONTACT PERSONS

The ARB staff has prepared two documents for the proposed regulatory action: a Staff 

Report: Initial Statement of Reasons (ISOR) for the proposed regulatory action, which 

includes a summary of the economic and environmental impacts of the proposed action 
20 

and a Technical Support Document (TSD) that describe the basis of the proposed 

action in more detail. The Staff Report is entitled: “Staff Report: Initial Statement of 

Reasons for Proposed Rulemaking – Regulation to Control Emissions from In—Use 

On-Road Diesel Vehicles.” The Technical Support Document is entitled: Technical 

Support Document: Proposed Regulation to Control Emissions from In—Use On-Road 

Diesel Vehicles.” Together with the needs assessment (i.e., the Diesel RRP), these two 

documents serve as the report on the need and appropriate degree of regulation for 

in-use on-road diesel vehicles operating in California. 

Copies of the ISOR with the full text of the proposed regulatory language, in underline 

and strikeout format to allow for comparison with the existing regulations, where 

applicable, and the Technical Support Document may be accessed on the ARB’s 

website listed below, or may be obtained from the Public Information Office, Air 

Resources Board, 1001 I Street, Visitors and Environmental Services Center, First 

Floor, Sacramento, California, 95814, (916) 322-2990, at least 45 days prior to the 

scheduled hearing. 

Upon its completion, the Final Statement of Reasons (FSOR) will be available and 

copies may be requested from the agency contact person in this notice, or may be 

accessed on the ARB’s website listed below. 

Inquiries concerning the substance of the proposed regulation may be directed to the 

designated agency contact persons, Tony Brasil, Manager of the In-Use Control 

Measures Section, at (916) 323-2927, or Gloria Lindner, from the Heavy Duty Diesel 

In-Use Strategies Branch, at (916) 323-2803. 

Further, the agency representative and designated back-up contact persons, to whom 

nonsubstantive inquiries concerning the proposed administrative action may be 

directed, are Lori Andreoni, Manager, Board Administration & Regulatory Coordination 

Unit, (916) 322-4011, or Trini Balcazar, Regulations Coordinator, (916) 445-9564. The 

Board has compiled a record for this rulemaking action, which includes all the 

information upon which the proposal is based. This material is available for inspection 

upon request to the contact persons. 

This notice, the ISOR, TSD, and all subsequently issued regulatory documents, 

including the FSOR, when completed, are and will be available on the ARB website for 

this rulemaking at www.arb.ca.gov/regact/2008/truckbus08/truckbus08.htm. 

COSTS TO PUBLIC AGENCIES AND TO BUSINESSES AND PERSONS AFFECTED

The determinations of the Board's Executive Officer concerning the costs or savings 

that would be necessarily incurred by public agencies and private persons and 

businesses in reasonable compliance with the proposed regulations are presented 

below. 
21 

Costs to State Government and Local Agencies 

Pursuant to Government Code sections 11346.5(a)(6), the Executive Officer has 

prepared an estimate in accordance with instructions adopted by the Department of 

Finance, of the cost or savings to any state agency, the cost to any local agency or 

school district that is required to be reimbursed under Government Code, title 2, division 

4, part 7 (commencing with section 17500), other nondiscretionary cost or savings 

imposed on local agencies, and the cost or savings in federal funding to the state. 

The Executive Officer has determined that while ARB would incur costs to implement 

and enforce the proposed new regulation to reduce emissions from in-use on-road 

diesel vehicles, and the amendments to the existing regulations, the adopted regulatory 

actions will not affect federal funding to the State. 

The proposed regulation would also impose additional costs to ARB. ARB staff has 

identified a need for additional staff and other resources for outreach and education and 

for the implementation, and enforcement of the proposed regulation. The Executive 

Officer has further determined that the proposed regulatory action would not create any 

additional .costs or savings for other state agencies. Vehicles owned by state agencies 

would not be subject to the proposed regulation. State agency vehicles are subject to 

the existing regulation for municipality or utility fleets. One of the proposed changes to 

the regulation for municipality or utility fleets would add light heavy-duty engines to the 

engines currently subject to the regulation. State agencies have already counted these 

engines in their fleets as was the original intent of the regulation when it was adopted, 

and had already accounted for them in the cost of compliance with the regulation for 

municipality and utility fleets. Therefore, State agencies are not expected to incur 

additional cost as a result of the proposed regulatory action. 

Pursuant to Government Code sections 11346.5(a)(5) and (6), the Executive Officer has 

further determined that the proposed regulatory action would create costs for school 

districts, and may impose a mandate that would not be reimbursable by the State, 

pursuant to Government Code, title 2, division 4, part 7 (commencing with 

section 17500). The mandate which would require schoolbus engines to be retrofitted 

engines with the best available verified diesel emission control strategy is not 

reimbursable because the costs would apply to all schoolbus owners, not just school 

districts, as well as all other heavy-duty vehicles that operate in the State. To the extent 

that the proposed regulation would require school districts to remove all schoolbuses 

manufactured before April 1, 1977, that requirement also applies to all schoolbus 

owners and not to school districts alone. Additionally, school districts qualify for public 

funding grants under the California Clean School Bus Program (HSC section 4299.90) 

for replacement of all pre-1997 school buses that were in operation as of December 31, 

2005. It is estimated that the direct regulatory cost of the proposed regulation for public 

school districts is $27 million from 2010 through 2017 based on 2008 dollars. 
22 

Costs to Businesses and Private Individuals 

In developing this regulatory proposal, the ARB staff evaluated the potential economic 

impacts on representative private persons or businesses. The determinations of the 

Board's Executive Officer, pursuant to Government Code section 11346.5(a)(9), 

concerning the costs or savings necessarily incurred by representative private persons 

and businesses in reasonable compliance with the proposed regulations are presented 

below. 

The total cost of the regulation is expected to be $5.5 billion in 2008 dollars. 

Approximately $4.5 billion is attributable to California based vehicles and approximately 

$1.0 billion is attributable to vehicles registered out of state. The cost would be spread 

over the years 2010 to 2030, with the highest costs occurring in the years 2012 and 

2013 and the lowest costs occurring in 2014. The total cost is the result of early 

replacement with newer, cleaner vehicles, cost of retrofit devices, and other annual 

costs. The cost impact of the in-use on-road heavy-duty diesel vehicle regulation would 

vary with the different business sectors. A detailed analysis is available in the Staff 

Report. 

Costs to individual fleet owners would vary depending on the size of the fleet, the 

vehicle types, vehicle age, and normal vehicle replacement practices. Costs also would 

vary depending on the compliance strategy chosen by each fleet. The average 

increased cost for in-state heavy heavy-duty vehicles is $15,800 per vehicle. 

Staff has determined that the regulatory action would not have a significant cost impact 

on a representative private person, above and apart, from a person’s occupation as a 

fleet owner. 

Pursuant to Government Code section 11346.5(a)(7)(C), the Executive Officer has 

made an initial determination that the proposed regulatory action may have a significant 

statewide adverse economic impact directly affecting businesses, including the ability of 

California businesses to compete with businesses in other states. 

ARB staff has considered proposed alternatives that would lessen any adverse 

economic impact on businesses and invites you to submit proposals. Submission may 

include the following approaches for consideration:

(i) The establishment of differing compliance or reporting requirements or 

timetables that take into account the resources available to businesses. 

(ii) Consolidation or simplification of compliance and reporting requirements for 

businesses. 

(iii) The use of performance standards rather than prescriptive standards 

(iv) Exemption or partial exemption from the regulatory requirements for 

businesses. 
23 

Alternatives that staff considered are described in more detail in the Staff Report. 

In accordance with Government Code section 11346.3, the Executive Officer has 

determined that the proposed regulatory action would likely have an effect on the 

creation or elimination of jobs within the State of California, the creation of new 

businesses or elimination of existing businesses within the State of California, or the 

expansion of businesses currently doing business within the State of California. A 

detailed assessment of the economic impacts of the proposed regulatory action can be 

found in the Staff Report. 

Because of the potential cost imposed by this regulation, it is possible that some 

businesses with affected fleets would be eliminated. It is also possible that some 

businesses would choose to consolidate (or merge), change owners, rent vehicles 

(rather than own), or relocate due to this regulation. It is also very likely that additional 

businesses would be created or existing businesses expanded to aid in the making, 

distribution, cleaning, and maintenance of these verified DECS through the duration of 

the regulation. Overall, staff expects that most affected businesses would be able to 

absorb or pass on the costs of the proposed regulation with no significant adverse 

impacts on their profitability. 

This regulation would increase the use of verified DECS and accelerate vehicle 

modernization. It is therefore likely that the regulation would cause many jobs to be 

created due to this increase in demand for verified DECS, newer engines, and newer 

vehicles. Staff expects new jobs to be created for the production, sales, installation, 

and maintenance of verified DECS. Staff estimates that over its course, the regulation 

would require the installation of over 150,000 verified DECS. Additional businesses 

could be created to aid in the manufacture, distribution, and maintenance of verified 

DECS through the duration of the regulation. 

The Executive Officer has also determined, pursuant to CCR, title 1, section 4, that the 

proposed regulatory action would affect small businesses. The proposed regulation 

defines a small fleet as three or fewer vehicles and allows additional time for 

compliance. Staff has estimated that 48 percent of all medium heavy-duty and heavy 

heavy-duty vehicles registered in California are in small fleets. Staff expects that small 

fleets will, in general, be small businesses. Some small fleets would experience no 

increased costs while other would experience higher costs. The total estimated cost 

over the lifetime of regulation for small fleets is approximately $1.7 billion in $2008 

dollars. 

In accordance with Government Code sections 11346.3(c) and 11346.5(a)(11), the 

Executive Officer has found that the reporting requirements of the regulation which 

apply to businesses are necessary for the health, safety, and welfare of the people of 

the State of California. The reporting requirements are necessary for the enforcement 

of the regulation. Without effective enforcement, the emission reductions and public 

health benefits associated with the proposed regulation cannot be achieved. 
24 

Before taking final action on the proposed regulatory action, the Board must determine 

that no reasonable alternative considered by the Board, or that has otherwise been 

identified and brought to the attention of the Board, would be more effective in carrying 

out the purpose for which the action is proposed, or would be as effective and less 

burdensome to affected private persons than the proposed action. 

SUBMITTAL OF COMMENTS

Interested members of the public may also present comments orally or in writing at the 

meeting, and in writing or by e-mail before the meeting. To be considered by the Board, 

written comments submissions not physically submitted at the meeting must be 

received no later than 12:00 noon, December 10, 2008, and addressed to the 

following: 

Postal mail: Clerk of the Board, Air Resources Board 

1001 I Street, Sacramento, California 95814 

Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php 

Facsimile submittal: (916) 322-3928 

Please note that under the California Public Records Act (Government Code §6250 et 

seq.), your written and oral comments, attachments, and associated contact information 

(e.g., your address, phone, email, etc.) become part of the public record and can be 

released to the public upon request. Additionally, this information may become 

available via Google, Yahoo, and any other search engines. 

The Board requests, but does not require, that 30 copies of any written statement be 

submitted and that all written statements be filed at least ten days prior to the hearing so 

that ARB staff and Board Members have time to fully consider each comment. The 

Board encourages members of the public to bring to the attention of staff in advance of 

the hearing any suggestions for modification of the proposed regulatory action. 

STATUTORY AUTHORITY AND REFERENCES

This regulatory action is proposed under that authority granted in Health and Safety 

Code, sections 39600, 39601, 39650, 39658, 39659, 39665, 39666, 39667, 39674, 

39675, 40000, 41511, 41752, 41754, 41755, 42400, 42400.1, 42400.2, and 42402.2, 

42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43600. This action is proposed 

to implement, interpret, or make specific Health and Safety Code sections 39600, 

39601, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 40000, 41511, 41752, 

41754, 41755, 42400, 42400.1, 42400.2, and 42402.2, 42410, 43013, 43016, 43018, 

43023, and 43600. 

HEARING PROCEDURES

The public hearing will be conducted in accordance with the California Administrative 

Procedure Act, title 2, division 3, part 1, chapter 3.5 (commencing with section 11340). 
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Following the public hearing, the Board may adopt the regulatory language as originally 

proposed, or with non substantial or grammatical modifications. The Board may also 

adopt the proposed regulatory language with other modifications if the text as modified 

is sufficiently related to the originally proposed text that the public was adequately 

placed on notice, and that the regulatory language as modified could result from the 

proposed regulatory action; in such event, the full regulatory text, with the modifications 

clearly indicated, will be made available to the public, for written comment, at least 

15 days before it is adopted. 

The public may request a copy of the modified regulatory text from the ARB’s Public 

Information Office, First Floor, Sacramento, California, 95814, (916) 322-2990. 

 CALIFORNIA AIR RESOURCES BOARD 

 James N. Goldstene 

 Executive Officer 

Date: October 14, 2008 

The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy 

consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our website at 

www.arb.ca.gov.