In-Use Off-Road Diesel Vehicle Regulation

This page last reviewed August 31, 2010

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On July 26, 2007, the Air Resources Board (ARB) adopted a regulation to reduce diesel particulate matter (PM) and oxides of nitrogen (NOx) emissions from in-use (existing) off-road heavy-duty diesel vehicles in California. Such vehicles are used in construction, mining, and industrial operations. The regulatory language and information on reporting and compliance tools can be accessed by clicking the quick links buttons above. For more information, please call the diesel vehicle information hot line at (866) 6-DIESEL or (866) 634-3735.

Enforcement Delayed: On February 11, 2010, ARB issued a delay of the regulation's NOx and PM requirements pending further notice. Reporting, labeling, idling and disclosure requirements are still in effect. For more information, please see the enforcement advisory.

What's New?:

Posted August 31, 2010

• The workshop presentations and updated agenda for the upcoming August/September workshops have been posted.
  
  Please note that the agenda for these workshops have changed. Staff will not be providing new regulatory proposals at this time. Instead, staff will be soliciting feedback on the revised emission inventories used when developing the Regulation for In-Use Off-Road Diesel Fueled Fleets (off-road regulation), the In-Use Heavy-Duty Diesel-Fueled Vehicles Regulation (truck and bus regulation), and the In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks Regulation (drayage truck regulation). Additionally, staff will give a presentation summarizing the recently released report: "Estimate of premature deaths associated with fine particle pollution (PM2.5) in California based on U.S. EPA's methods".
  
  Finally, staff will hold an open comment period to solicit suggestions for further regulatory amendments, given the recently available information discussed in the workshop. Workshops on revised staff regulatory proposals will be held in September/October, 2010. To accommodate this additional series of workshops, and to provide time for public comment, staff will delay proposing regulatory amendments to the Board until December 2010.
  
  The hard copy materials will also be available at each location on the day of the meeting.
  

Posted August 25, 2010

• Staff of the Air Resources Board (ARB) is making some changes to the upcoming series of 5 statewide workshops pertaining to the Regulation for In-Use Off-Road Diesel Fueled Fleets (off-road regulation), the In-Use Heavy-Duty Diesel-Fueled Vehicles Regulation (truck and bus regulation), and the In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks Regulation (drayage truck regulation).
  
  Staff is postponing tomorrow’s workshop in Fresno (August 26th) to Friday, September 3, 2010. The time and locations of the workshop, including videoconferencing with Bakersfield and Modesto, remains unchanged.
  
  The other workshops remain in place:
  El Monte - Tuesday, August 31, 2010
  San Diego - Wednesday, September 1, 2010
  Sacramento - Tuesday, September 7, 2010
  Oakland - Wednesday, September 8, 2010
  
  At all of the workshops, staff will provide an update on the changes to the emissions inventories underlying the off-road regulation, the truck and bus regulation and the drayage truck regulation as originally planned. However, ARB staff needs additional time to evaluate and explore appropriate regulatory proposals and consider their economic impact on affected stakeholders, determine the effect of any changes on emissions over the next decade, and determine how to best protect public health in light of the health impacts of fine particle pollution (PM2.5) currently underway. Once this work is complete, ARB staff will schedule additional workshops regarding the modified proposals so that we may receive stakeholder feedback and comments on the proposed amendments.
  
  The workshop notice and presentation can be viewed here.

Posted August 13, 2010

• The workshop notice for the upcoming workshops in August and September is now available. At these workshops, staff will discuss amendments to the In-Use Heavy-Duty Diesel-Fueled Vehicles Regulation (truck and bus regulation), the Regulation for In-Use Off-Road Diesel Fueled Fleets (off-road regulation), and the In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks Regulation (drayage truck regulation). In addition, the revisions to the off- and on-road emissions inventories used during the development of both regulations will be discussed.
  
  

  Dates and Locations: All workshops are scheduled from 10:00 AM to 5:00 PM. For additional details, please see the workshop notice.
  	Fresno Thursday, August 26, 2010 (Live video feed in Bakersfield and Modesto)		El Monte Tuesday, August 31, 2010
  	San Diego Wednesday, September 1, 2010		Sacramento Tuesday, September 7, 2010 WEBCAST AVAILABLE
  	Oakland Wednesday, September 8, 2010

Posted August 3, 2010

• Staff held workshops in June and July regarding proposed amendments to the Truck and Bus, Off-Road, Tractor-Trailer GHG, and Drayage Truck regulations. At the workshops, stakeholders requested additional time to review and comment on the following:
  • Details of planned emissions inventory updates for trucks and off-road vehicles,
  • Specific draft regulatory language,
  • ARB’s revised report on fine particulate matter (PM2.5) mortality estimates, a draft of which will be released later this summer, and
  • Proposed changes to the Drayage Truck Regulation.
  To address stakeholders’ requests, the Board Hearing to consider the proposed amendments, currently slated for September 2010, will be moved to November. In the interim, staff will hold workshops in August and September to discuss the revised emission inventory and the proposed amendments. This delay in the hearing date will provide sufficient time to hold the workshops and to make any necessary adjustments after the workshops. A workshop notice will be forthcoming.

Posted June 22, 2010

• The workshop presentations have been posted for the upcoming June/July workshops to discuss proposed amendments to the In-Use Heavy-Duty Diesel-Fueled Vehicles Regulation (truck and bus regulation), the Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulation (tractor-trailer GHG regulation), and the Regulation for In-Use Off-Road Diesel Fueled Fleets (off-road regulation). A document detailing proposed minor ammendments and clarifications to the in-use off-road diesel vehicle regulation has also been posted.

Posted June 3, 2010

• The workshop notice for the upcoming workshops in June and July is now available. At these workshops, staff will discuss proposed amendments to the In-Use Heavy-Duty Diesel-Fueled Vehicles Regulation (truck and bus regulation), the Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulation (tractor-trailer GHG regulation), and the Regulation for In-Use Off-Road Diesel Fueled Fleets (off-road regulation). In addition, an updated on the emission inventories for the truck and bus and off-road regulations will be provided.

Posted May 24, 2010

• Surveys have been posted to solicit fleet data, financial information, input regarding regulatory amendments for the Off-Road regulation, activity and load factor data. The result of these analyses along with information obtained from other sources will help staff craft the proposed modification to the Truck and Bus and the Off-Road regulations and evaluate the cumulative effects of the amendments. Any information that is marked confidential will remain confidential. The deadline for submitting the survey information is June 1, 2010. The surveys are posted on both the Truck and Bus and the Off-Road web sites.

Posted May 18, 2010

• A video recording of the May 6, 2010 workshop presentations about the emission inventory updates and proposed amendments for the Regulation for In-Use Off-Road Diesel Fueled Fleets (off-road regulation) and In-Use On-Road Diesel Vehicle Regulation (truck and bus regulation) is now available for those who could not participate.

Posted May 5, 2010

• The presentation for the three May workshops to discuss the emission inventory updates and proposed amendments for the off-road regulation and the truck and bus regulation is now posted. The first of these three workshops will be on May 6, 2010 in Sacramento. More information and a full-page version of the presentation is available on the meetings homepage.

Posted April 30, 2010

• The workshop notice for the upcoming May workshops is now available. These workshops will discuss updates to the off- and on-road emissions inventories used during the development of both regulations. Following the inventory discussion, staff will discuss and solicit input regarding potential amendments to the off-road and truck and bus regulations.

Posted April 21, 2010

• The Meeting Notice for the April 22, 2010 Board meeting where staff will give an update regarding the off-road, and truck and bus regulations is now posted.
  
  Please see the notice for hearing topics. The location is:
  
  Byron Sher Auditorium
  Air Resources Board
  1001 I Street
  Sacramento, California 95814
  
  The public may present comments relating to the regulations orally or in writing at the meeting, and may be submitted by postal mail or by electronic submittal before the meeting. To be considered by the Board, written submissions not physically submitted at the meeting must be received no later than 12:00 noon, April 21, 2010, and addressed to the following:
  
  Postal mail: Clerk of the Board, Air Resources Board
  1001 I Street, Sacramento, California 95814
  
  The public may also submit comments electronically here by selecting "onoffroad10".

Posted April 1, 2010

• The transcript for the March 11, 2010 Executive Officer Hearing on the Off-road Regulation has now been posted.
  
  Additional presentations from guest speakers are available on the meetings page.

Posted March 17, 2010

• The training presentation for the webcast on March 18, 2010, from 9:00 AM to 11:30 AM is now available: Full page version or Handouts.
  
  Questions may be emailed in during the presentation to doors@arb.ca.gov

Posted March 10, 2010

• The ARB staff presentation for the March 11, 2010 Executive Officer Hearing on the Off-road Regulation has now been posted (also available in handout format). For those that cannot attend in person, the hearing will also be webcast. To view the live webcast, on the day of the Hearing please go to:
  http://www.calepa.ca.gov/broadcast/?BDO=1
  
  Additional presentations from guest speakers are available on the meetings page.

Posted March 2, 2010

• In response to a petition filed on January 11, 2010 by the Associated General Contractors of America, the Executive Officer of the California Air Resources Board will conduct a public hearing at 9:00 A.M. on March 11, 2010, to take testimony and other relevant information on the need for further amendments to off-road diesel vehicle regulation.
  
  The Hearing Notice is now available. See page 6 of the notice for hearing topics. The location is:
  
  Byron Sher Auditorium
  Air Resources Board
  1001 I Street
  Sacramento, California 95814
  
  The public may present comments orally or in writing at the hearing. The public may also submit comments in writing or by email before the hearing, or after the hearing until the deadline listed below. Comments received by ARB will be included as part of the information and testimony collected, but they are not part of any official rulemaking record.
  
  To be considered by the Executive Officer, written submissions not physically submitted at the hearing must be received no later than 5:00 p.m., March 18, 2010, and addressed to the following.
  
  Postal mail: Clerk of the Board
  Air Resources Board
  1001 I Street
  Sacramento, California 95814
  
  The public may also submit comments electronically here by selecting "inuse2010".

Posted February 26, 2010

• The Air Resources (ARB) has issued an advisory providing clarification regarding enforcement of the In-Use Off-Road Diesel Vehicle Regulation. In summary, because of the continuing effects of the economy on industries that use off-road diesel vehicles, in particular the construction industry, and because ARB currently lacks authorization from the United States Environmental Protection Agency (U.S. EPA) to enforce certain aspects of the regulation, effective immediately, no enforcement action will be taken for noncompliance with the March 1, 2010 emission performance provisions of the regulation, which include:
  
  1. Requirements for vehicle retrofit and replacement
  2. Limitations on adding higher emitting Tier 0 and Tier 1 vehicles
  3. Requirements for new fleets to meet fleet average targets
  During this enforcement delay, fleets will not be retroactively cited for non-compliance with these provisions. This enforcement delay will remain in place until U.S. EPA grants authorization to California to enforce all provisions of the regulation. At that time, ARB will provide fleets with up to an additional 6 months to comply with all requirements, as we’ve done previously with other regulations.
  
  However, all other provisions of the regulation not requiring U.S. EPA authorization, including the labeling, reporting and idling limits, remain in effect and are enforceable.
  
  This advisory is being issued in coordination with ARB staff’s continuing evaluation of the emission impact of current economic conditions. As part of that effort, in late summer 2010, the Board will consider additional amendments to both this regulation and the Truck and Bus Regulation that would be designed to provide additional regulatory relief to affected fleets while still achieving California’s clean air commitments.
  
  Also, in support of this evaluation, a hearing will be held in Sacramento on March 11, 2010, before the ARB’s Executive Officer to take testimony and other relevant information on the need for further amendments to the regulation to address the economic recession confronting the State and the adverse impacts that the recession has caused the construction and other industries that operate off-road vehicles. As the Board has already directed staff to provide an update on the regulation at its April 2010 meeting, any information and testimony collected at this hearing will be compiled and included as part of that update. A public hearing notice for this meeting will be released shortly.

Posted January 29, 2010

• To assist large fleets with their compliance efforts, ARB staff will conduct a FREE training seminar at 9AM on February 10, 2010, in Sacramento.  The seminar will be geared towards helping large fleets understand the March 1, 2010, large fleet compliance requirements, as well as providing information on reduced activity credits and retrofit visibility.  For more information on the seminar, see the training flyer.

Posted January 14, 2010

• ARB has released the Retrofit Visibility Guide and Exemption Application, detailing how a vehicle may be retrofit without impairing visibility, and how to apply for exemptions from the 2010 retrofit requirements if a vehicle cannot be retrofit without creating an impairment. Both are available on the retrofit safety page. ARB has also released an FAQ detailing how retrofit visibility and exemptions will interact with the regulation requirements for fleets that have installed retrofits or have retrofits on order, available on the same page.

Posted January 11, 2010

• The California Office of Administrative Law has approved changes to the off-road regulation from two 2009 rulemakings and filed them with the  California Secretary of State, thereby making them effective.  The changes include the extension of  double retrofit to January 1, 2010 approved by the Air Resources Board (ARB) on January 22, 2009, and the new Assembly Bill 8 2X (AB 8 2X) credits for fleets impacted by the recession. For further information on the January 2009 changes, please visit in-use off-road diesel-fueled fleets page. For further information on the new AB 8 2X credits, please see the early credit fact sheet.

Posted November 19, 2009

• ARB has posted a new vdecs page with information regarding what VDECS are available for off-road vehicles and other answers to common questions regarding the use of VDECS for compliance with the in-use off-road diesel vehicle regulation. We have also posted further information regarding the interim retrofit visibility policy, and vehicles that have been retrofit with zero visibility impairment on the off-road VDECS safety page. Further information on these and other topics related to retrofit visibility will be added as soon as possible.

Posted November 3, 2009

• The off-road diesel vehicle regulation was amended in December, 2008, in January, 2009, and most recently in July, 2009. For the convenience of stakeholders so that they do not have to view four documents to see the pending changes, staff has created an informal updated/combined version of the regulatory language containing the pending changes – accessible here.
  
  These amendments are not as yet in effect in that they have not been formally approved by the Office of Administrative Law or certified by the California Secretary of State. ARB will post, on this website, updated operative final regulation orders as they are certified by the Secretary of State.

Posted October 21, 2009

• ARB and the Division of Occupational Safety and Health (Cal/OSHA) have agreed on an interim policy to address retrofit visibility concerns for off-road diesel vehicles. The interim policy will exempt any vehicles that cannot be retrofit without impairing the operator’s vision to the front, sides, or rear of the vehicle from the March 1, 2010 retrofit requirement for large fleets of off-road diesel vehicles. ARB will release details regarding the method to measure visibility impairment, as well the process for applying for an exemption as soon as possible.
  
  For more information and a background on this issue, you may view the interim policy online.
  
  Fleets that must complete retrofits in 2010 should begin by retrofitting those vehicles for which retrofits may be installed without impacting operator visibility (for example, under the hood or out of site of the operator).

Posted October 8, 2009

• To help fleets better understand what the July 2009 changes to the off-road regulation mean and how to take advantage of the new reduced activity and reduced fleet size credits, ARB staff have released updated versions of the fleet average calculators detailing the provisions of the new credits available to fleets. We have also released a new guide detailing the provisions of the new credits available to fleets. This guide, as well as a new overview of the regulation and overview of large fleets' 2010 requirements, are posted on the knowledge center.

Posted July 31, 2009

• On July 23, 2009, the Air Resources Board amended the off-road regulation to (1) provide new credits for fleets that have experienced drops in vehicle activity and/or that have reduced their fleet size, (2) delay some of the 2011 and 2012 requirements until 2013, and (3) add new incentives to spur early retrofits and repowers. More information on the amendments is available at the rulemaking information page.

Posted June 9, 2009

• To assist fleet owners with their compliance efforts, ARB staff is conducting an additional round of training seminars on the off-road regulation in Diamond Bar, Fresno, and Sacramento. These sessions will provide an in-depth presentation of the regulation and how to comply, as well as information about grant opportunities. In addition, participants will have an opportunity to speak one-on-one with providers of exhaust retrofit devices. This training will repeat the material covered in the first three rounds of training seminars conducted July 2008 through March 2009 and will also cover recent regulatory changes mandated by the State Legislature.

Posted June 5, 2009

• ARB will conduct a public hearing on July 23, 2009, in San Diego to discuss modifications and clarifications to the in-use off-road diesel vehicle regulation. These proposed modifications include legislatively directed amendments and new incentives to spur early actions by fleets to reduce emissions.  ARB has posted the public notice and staff report.

Posted May 29, 2009

• ARB staff has developed a DOORS Public Information Page that will enable members of the public to check the validity of Equipment Identification Numbers (EINs) they see in the field. The Page also allows access to a list of fleets that have completed initial reporting and been issued a Certificate of Reported Compliance by ARB. The DOORS Public Information Page can be found on the left navigation bar under Local Links or here.

Posted April 28, 2009

• ARB has released the presentation for the April 29, 2009, workshop on the legislatively directed changes to the off-road diesel vehicle regulation. This workshop includes revisions from the April 7, 2009, workshop in Sacramento on the same topic, due to feedback provided at the workshop on the proposed implementation of the changes. The presentation may be downloaded here, and is also available as a handout here.
  
  The presentation will be webcast, accessible from the webcast homepage, and for those attending the location is included on the workshop notice.

Posted April 27, 2009

• ARB has released a document with examples showing how staff's proposed interpretation of the legislatively directed changes to the off-road diesel vehicle regulation will apply to fleets, in preparation for the April 29, 2009, workshop, which can be accessed online here.

Posted April 24, 2009

• ARB staff has released a revised proposal for how to implement the legislatively directed changes to the off-road regulation. The revised proposal can be accessed online here.

Posted April 20, 2009

• Please note that due to the valuable input provided by stakeholders at the first workshop on the legislatively driven changes to the off-road diesel regulation held in Sacramento on April 7, 2009, staff will present some revised proposals at the workshop on April 29, 2009, in Diamond Bar.  Therefore, this workshop will also be webcast. The live internet broadcast will be available and can be accessed from the webcast homepage . In addition, the presentation containing the comments received from the Natural Resources Defense Council at the April 7, 2009, workshop in Sacramento can be accessed online here .

Posted April 6, 2009

• Staff have posted the presentation for the workshop on the legislatively driven changes to the off-road diesel regulation (also available in a handout format ). As noted below, the workshops will be held on April 7, 2009, in Sacramento, and April 29, 2009, in Diamond bar. More information on the locations, time, and how to view the April 7, 2009, webcast are available on the workshop notice.

Posted March 26, 2009

• The staff of the Air Resources Board invites all interested parties to participate in a set of public workshops to discuss how to implement recent legislatively directed changes to the Regulation for In-Use Off-Road Diesel-Fueled Vehicle Fleets.
  The workshops will be held in two locations, and staff will present the same materials at both workshops. The workshops will be held on April 7, 2009, in Sacramento, and on April 29, 2009, in Diamond Bar.  For more detailed information, please review the workshop notice. For those unable to attend in person, a live internet broadcast will be available at our Sacramento workshop and can be accessed online here.

Posted February 27, 2009

• As part of the recently signed California budget, the California legislature has directed the Air Resources Board to make several changes to the in-use off-road diesel vehicle regulation.
  
  PLEASE NOTE that the reporting deadlines for the off-road regulation remain in place and unchanged - April 1, 2009 for large fleets, June 1, 2009 for medium fleets, and August 1, 2009 for small fleets. For more information on reporting, please visit the reporting webpage, DOORS.
  
  The changes ARB has been directed to make will lessen the requirements of the regulation for many large fleets in the early years of the regulation and include the following:
  
  1. Fleets who are now using their off-road vehicles less than they did as of July 1, 2007 may take credit for this reduced fleet activity to satisfy turnover and retrofitting requirements in 2010 and 2011.
  2. Fleets will be given credit (both PM and NOx) for any vehicle retirements made between March 1, 2006 and March 1, 2010 as long as total fleet horsepower decreased from the previous year.
  3. For the total cumulative turnover and retrofit requirements for the years 2011 through 2013, fleets may complete 20 percent of the total turnover and retrofitting by March 1, 2011, an additional 20 percent by March 1, 2012, and the balance by March 1, 2013.
  
  ARB staff will be holding a workshop to discuss how to implement these changes and ways to mitigate for the loss in emission benefits caused by these changes sometime in March. Staff will release a public notice with details regarding this workshop as soon as possible.
  
  When more specific information is available, it will be sent out via listserve and posted on this homepage.

Posted February 19, 2009

• ARB staff has developed a poster that informs fleet owners about the off-road regulation and how to learn more about it. Copies of the poster are available free of charge by emailing Lauren Chew at lchew@arb.ca.gov and can also be downloaded from our website here in full poster size or standard letter size (8.5" by 11").

Posted January 23, 2009

• On January 22, 2009, the Air Resources Board amended the off-road regulation to extend the deadline for double credit for installing exhaust retrofits by 10 months to January 1, 2010. This amendment also allows fleets to receive credit for retrofits which are ordered, but delayed due to the manufacturer or installer, if the retrofits are ordered by September 1, 2009.
  
  The Board also asked the staff to provide the Board an update in late 2009 after initial reporting is complete. More information on the staff's initial report to the Board is available in the staff report for the January 22, 2009, hearing, available online here.

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