California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 4.8 - In-Use off-Road Diesel-Fueled Fleets › Section 2449 - General Requirements for in-Use off-Road Diesel-Fueled Fleets

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Purpose
The purpose of this regulation is to reduce oxides of
					 nitrogen (NOx), diesel particulate matter (PM), and other criteria pollutant
					 emissions from vehicles subject to this regulation.
(b)
Applicability
(1) Except as provided in subsection (b)(2)
				  below, this regulation applies to any person, business, or government agency
				  who owns or operates within California any vehicles with a diesel-fueled or
				  alternative diesel fueled off-road compression-ignition engine with maximum
				  power (max hp) of 25 horsepower (hp) or greater provided that the vehicle
				  cannot be registered and driven safely on-road or was not designed to be driven
				  on-road, even if it has been modified so that it can be driven safely
				  on-road.
(2) The regulation also
				  applies to the following:
(A) Workover rigs,
				  as defined in section
				  2449(c)(72), are
				  subject to this regulation.
(B)
				  Both engines of two-engine cranes, and two-engine water-well drilling rigs, as
				  defined in sections
				  2449(c)(66) and
				  (c)(68), respectively, that contain an
				  auxiliary engine having a rated brake hp of 50 or greater (>= 50 bhp) are
				  subject to this regulation.
(C)
				  Both engines of two-engine vehicles, as defined in section
				  2449(c)(67), that
				  were designed to be driven either on-road or off-road and contain an auxiliary
				  engine >= 50 bhp are subject to this regulation provided that:
1. The two-engine vehicle is not already
				  subject to the Fleet Rule for Public Agencies and Utilities, title 13, CCR,
				  sections 2022 and
				  2022.1;
2. The two-engine vehicle is not a two-engine
				  sweeper, as defined in the Truck and Bus regulation, title 13, CCR, section
				  2025; and
3. The two-engine vehicle does not have a
				  Tier 0 auxiliary engine.
(D) Any person who sells a vehicle subject to
				  this regulation within California.
(E) Any prime contractor, as defined in
				  section 2449(c)(44),
				  except for work performed pursuant to a contract with a homeowner on the
				  homeowner's personal residence where the personal residence is not used for any
				  business purpose.
(F) Any public
				  works awarding body, as defined in section
				  2449(c)(46), that
				  awards contracts involving the operation of vehicles subject to this regulation
				  in California.
(G) Persons who
				  provide financing in the form of "finance leases," as defined in California
				  Uniform Commercial Code section
				  10103(a)(7),
				  for vehicles subject to this regulation, do not "own" such vehicles for the
				  purposes of this regulation.
(H)
				  The following are not subject to this regulation:
1. Locomotives;
2. Commercial marine vessels;
3. Marine engines;
4. Recreational off-highway
				  vehicles;
5. Combat and tactical
				  support equipment;
6. Stationary
				  equipment;
7. Portable engines,
				  except for auxiliary engines included in subsections (b)(2)(B) and (b)(2)(C)
				  above;
8. Equipment or vehicles
				  used exclusively in agricultural operations;
9. Implements of husbandry;
10. Two-engine street sweepers that are
				  subject to the Truck and Bus Regulation, title 13, CCR, section
				  2025;
11. Two-engine vehicles that are subject to
				  the Fleet Rule for Public Agencies and Utilities, title 13, CCR, sections
				  2022 and
				  2022.1;
12. Two-engine vehicles, that are not
				  two-engine cranes or two-engine water-well drilling rigs, that have Tier 0
				  auxiliary engines;
13. Equipment
				  subject to the Regulation for Mobile Cargo Handling equipment at Ports and
				  Intermodal Rail Yards, title 13, CCR, section
				  2479; and
14. Off-road diesel vehicles owned and
				  operated by an individual for personal, non-commercial, and non-governmental
				  purposes.