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arbcombo -- In-use Off-road Diesel Vehicle Regulation Adopted

Posted: 14 Aug 2007 07:25:28
At the July 26, 2007 Air Resources Board (Board or ARB) meeting,
the Board unanimously voted to adopt the proposed in-use
off-road diesel vehicle regulation, along with some additional
modifications.  The regulation will significantly reduce
particulate matter (PM) and oxides of nitrogen (NOx) emissions
from the nearly 180,000 existing off-road diesel vehicles in
California by requiring fleet owners to accelerate turnover to
cleaner engines and install exhaust retrofits. Implementation of
the regulation is expected to prevent approximately 4,000
premature deaths through the year 2030.

The modifications to the regulation that were approved by the
Board include:
	A new appeals process for fleets in the event that the
Executive Officer denies a request for a safety exemption from
the retrofit requirements; 
	Removal of the three month grace period for out-of-state or
new fleets that come to California; 
	Requiring the issuance of a Certificate of Reported Compliance
to fleets upon receipt by ARB of the required reporting data
showing compliance with the regulation; and
	PM retrofit credit for the retirement of Tier 0 vehicles such
that equivalent emission reductions are achieved;
	Clarification of the appropriate tax exempt IRS code citations
by adding reference to sections 501(c)(5), 501(c)(6), and
	Restructuring the regulatory language so that the PM and NOx
requirements are contained in separate sections; and
	The addition of new language creating a regional incentive
based program (known as the SOON program) to achieve additional
NOx reductions, including allowing any local air district the
ability to opt in and allowing air districts to establish their
own cost-effectiveness criteria in their guidelines. 
	Other minor clarifications. 

Finally, the Board asked staff to report back in early 2009,
late 2010, early 2013, and early 2017 regarding implementation
of the regulation.

Once staff has modified the proposed regulatory language to
reflect these changes, staff will release revised regulatory
language and other supporting documentation to the public for a
15-day public comment period.  Staff expects that the notice,
revised regulatory language, and supporting documentation for
this15-day public comment period will be available within the
next month.  
As staff begins outreach and education activities related to
implementation of the in-use off-road diesel vehicle regulation,
staff will post announcements and training materials to this
email list-serve.  We look forward to working with all
interested parties to make implementation as smooth as possible
and make the rule a success.

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