California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 1 - Motor Vehicle Pollution Control Devices › Article 4 - Diesel Particulate Matter Control Measures › Section 2022 - Diesel Particulate Matter Control Measure for Municipality or Utility on-Road Heavy-Duty Diesel-Fueled Vehicles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope and Applicability. Sections
				  2022 and
				  2022.1 apply to any municipality
				  or utility that owns, leases, or operates an on-road diesel-fueled heavy-duty
				  vehicle with either a 1960 to 2006 model-year heavy-duty engine or a 2007
				  model-year or newer engine certified to greater than 0.01 grams per brake
				  horsepower-hour particulate emission standard and manufacturer's gross vehicle
				  weight rating greater than 14,000 pounds. These sections do not apply to a
				  vehicle subject to the solid waste collection vehicle rule commencing with
				  title 13, California Code of Regulations, section
				  2021 or to the fleet rule for
				  transit agencies commencing with section
				  2023, or to a school bus as
				  defined in Vehicle Code section
				  545, or to a
				  military tactical support vehicle, as described in title 13, California Code of
				  Regulations, section
				  1905, or to an emergency vehicle
				  as described in California Vehicle Code, section
				  27156.2, or
				  to an off-road vehicle as described in title 13, California Code of
				  Regulations, sections
				  2401,
				  2421,
				  2411 and
				  2432.
(b) Definitions. The definitions in section
				  2020 shall apply to sections
				  2022, and
				  2022.1. In addition, the following
				  definitions apply only to sections
				  2022, and
				  2022.1.
(1) "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 perform snow removal
				  operations.
(2) "Dual Engine Street
				  Sweeper" means an on-road heavy-duty vehicle, over 14,000 pounds gross vehicle
				  weight rating, that is used for the express purposes of removing material from
				  road 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 dual engine street sweeper has an engine to propel the vehicle and
				  an auxiliary engine to power the broom or vacuum.
(3) "Lease" means to operate a vehicle that
				  is owned by a rental or leasing company for a period of one year or
				  more.
(4) "Low-Population County"
				  means a county with a population of less than 125,000, based upon the
				  California Department of Finance estimates as of July 1, 2005, and as listed in
				  Table 2 of title 13, California Code of Regulations section
				  2022.1.
(5) "Low Usage Vehicle" means a vehicle that
				  is operated for fewer than 1000 miles or 50 hours per year, based on a 5 year
				  rolling mileage or engine-hour average. A vehicle that does not have a properly
				  functioning odometer, tachograph, or other reliable device to measure usage may
				  not qualify as a low usage vehicle.
(6) "Low-Population County Low Usage Vehicle"
				  means a vehicle that is owned or operated by a municipality or utility located
				  in a low-population county and is operated, based on a 5 year rolling mileage
				  or engine hour average for fewer than 3000 miles or 150 hours, excluding
				  mileage or engine hours used during snow removal operations. A vehicle that
				  does not have a properly functioning odometer, tachograph, or other reliable
				  device to measure usage may not qualify as a low-population county low usage
				  vehicle.
(7) "Operate" means to use
				  or manage a vehicle by a municipal or utility employee for the purposes of
				  conducting work by or for the municipality or utility. This does not include
				  personal vehicle use for commuting to or from the workplace.
(8) "Retirement" or "Retire" means the
				  withdrawal of an engine or vehicle subject to this rule from a municipality or
				  utility fleet in California; the engine may be sold outside of the State of
				  California, scrapped, converted for use in a low usage vehicle or
				  low-population county low usage vehicle. "Retirement" or "retire" also means
				  the transfer of an engine or vehicle, which is subject to this rule and has
				  been brought into compliance with title 13, California Code of Regulations,
				  section 2022.1(b), from a
				  municipality or utility fleet in California to another person or entity in
				  California. In addition, "retirement" means the sale of a dual engine street
				  sweeper with a model year engine of 2004, 2005, or 2006 in the State of
				  California to a buyer who must comply with title 13, California Code of
				  Regulations, section
				  2025.
(9) "Sold Outside of the State of California"
				  means a sale of a vehicle for operation outside the State of California to
				  satisfy the definition of "retirement" in section
				  2022(b)(8). A
				  municipality or utility must submit a completed "VIN stop" application, as
				  defined in title 13, California Code of Regulations, section
				  2022(b)(10), to
				  the Executive Officer prior to sale of the vehicle. ARB will obtain VIN Stop
				  from Department of Motor Vehicles. A municipality or utility must also follow
				  the record-keeping requirements as defined in title 13, California Code of
				  Regulations, section
				  2022(f)(1)(K). If
				  a municipality or utility is selling a vehicle through a Third Party Vehicle
				  Seller, it must include Third Party Vehicle Seller contract language as defined
				  in title 13, California Code of Regulations, section
				  2022(h).
(10) "Third Party Vehicle Seller" means a
				  person that a municipality or utility uses to sell a vehicle outside of the
				  State of California.
(11) "Total
				  Fleet" means the total of a municipality's or utility's on-road heavy-duty
				  vehicles with a 1960 to 2006 model-year medium heavy-duty or heavy heavy-duty
				  engine and a manufacturer's gross vehicle weight rating greater than 14,000
				  pounds, excluding (A) low usage vehicles, (B) low-population county, low usage
				  vehicles, (C) dedicated snow-removal vehicles, and (D) gasoline fueled
				  vehicles.1 As of January 1, 2009, "Total Fleet"
				  means the total of a municipality's or utility's on-road heavy-duty vehicles
				  with a manufacturer's gross vehicle weight rating greater than 14,000 pounds
				  with a 1960 to 2006 model-year heavy-duty engine or with a 2007 model-year or
				  newer heavy-duty engine certified to greater than 0.01 grams per brake
				  horsepower-hour particulate emission standard, excluding low usage vehicles;
				  low-population county, low usage vehicles; dedicated snow-removal vehicles; and
				  gasoline fueled vehicles.
(12)
				  "Utility" means a privately-owned company that provides the same or similar
				  services for water, natural gas, and electricity as a public utility operated
				  by a municipality.
(13) "Vehicle
				  Type" means one of the following categories: "Compliant" for those vehicles
				  that meet the requirements of section
				  2022.1(b);
				  "Future Compliant" for those vehicles for which the municipality or utility has
				  a planned compliance date; "Retired" for those vehicles that will meet the
				  definition of "retirement" at a planned retirement date; "Low Usage or
				  Low-Population County Low Usage" for those vehicles that meet the applicable
				  definitions in this section; and "Experimental" for those vehicles that are
				  part of an experimental program and comply with the provisions of section
				  2022.1(d)(5).
(14) "VIN stop" means a Department of Motor
				  Vehicle's registration hold based on a vehicle identification number to prevent
				  a vehicle from being re-registered in California after a vehicle is "retired."
__________
1 Gasoline vehicles that do not
					 meet the best available control technology (BACT) requirements specified in
					 title 13, California Code of Regulations, section
					 2022.1(b)(3) are
					 excluded from the total fleet calculation.