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Fleet Rule for Public Agencies and Utilities - Compliance Extensions

This page last reviewed February 22, 2011

The Fleet Rule for Public Agencies and Utilities (title 13, California Code of Regulations, sections 2022 and 2022.1) provides many types of extensions to compliance. Some extensions require the submittal of an application to the Air Resources Board (ARB), while others do not. Below you will find links to the compliance extensions. To view information about a compliance extension, including their applicability, application requirements and deadlines, "click" on the extension you are interested in learning about.

Compliance
Extension
Regualtion
Section
Application Required or Records Only Deadline to Submit Application
Early implementation 2022.1(d)(1) Application Required Prior to December 31, 2007
Verified DECS will not work on vehicle 2022.1(d)(2)(B) Application Required July 31 of compliance year
Accelerated turnover option 2022.1(d)(6) Application Required July 31, 2008
Granted Low-Population County Status 2022.1(c)(4) Application Required Recommended prior to
December 31, 2007
Designated Low-Population County 2022.1(c)(2) Records Only Not Applicable
Dedicated snow removal equipment 2022(b)(1) Records Only Not Applicable
ARB "blanket" extensions 2022.1(d)(2)(A) Records Only Not Applicable
Dual-fuel and bi-fuel 2022.1(d)(3) Records Only Not Applicable
Engine near retirement 2022.1(d)(4) Records Only Not Applicable
Experimental diesel emission control strategy 2022.1(d)(6) Records Only Not Applicable
Low-usage vehicle 2022.1(f)(1)(E) Records Only Not Applicable

Designated Low-Population County
"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. A municipality or utility located in a county listed in the chart below may follow the Low-Population County implementation schedule (also below).
Alpine Glenn Mendocino San Benito Trinity
Amador Inyo Modoc Sierra Toulumne
Calaveras Lake Mono Siskiyou Yuba
Colusa Lassen Nevada Sutter  
Del Norte Mariposa Plumas Tehama
From Table 2-Low-Population Counties, title 13, California Code of Regulations, section 2022.1 (c)(2).

Implementation schedule for a municipality or utility located in a Low Population County or granted Low-Population County Status

Engine MY Group

Engine Model-Years (MY)

% of Group to use BACT

Compliance Deadline Year, December 31 of

1

1960 - 1987

20
40
60
80
100

2009
2011
2013
2015
2017

2

1988 - 2002

20
40
60
80
100

2008
2010
2012
2014
2016

3

2003 - 2006
(includes duel-fuel and
bi-fuel engines)

20
40
60
80
100

2011
2012
2013
2014
2015


In addition to the required fleet vehicle records, agencies must keep information documenting that the vehicles are not operated in a metropolitan statistical area as defined by the U.S. Census Bureau. Each vehicle operated by a Low-Population County must be labeled as a "Low-Population County Vehicle."
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Dedicated Snow Removal Equipment
Dedicated snow removal equipment are not covered by the regulation, however, it is recommended that records be kept describing designated snow removal equipment and the vehicles be labeled as such. It is not required to notify the ARB of such equipment.

Dedicated snow removal equipment are defined by the regulation (section 2022(b)(1)) as, "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."
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ARB Blanket Extensions
ARB Blanket Extensions are issued for Group 1 and Group 2 engines by ARB ten (10) months prior to a compliance deadline for an engine or group of engines that do not have DECS verified for them. This extension, if available, will be posted on the Public Agencies and Utilities webpage under "What's New." Those who have subscribed to the "publicfleets" list serve will also be notified. An agency may use this compliance extension to their advantage provided BACT has been applied to all other engines as required by the regulation. An application to the ARB is not required for this extension. Fleet vehicle records must be kept on these engines and the vehicles must be labeled "future compliant."
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Dual-fuel and Bi-fuel Engines
Group 1 (1960 - 1987 engine MY) and Group 2 (1988 - 2002 engine MY) dual-fuel and bi-fuel engines follow the Group 3 (2003 - 2006 engine MY) implementation schedule. An application to the ARB is not required for this extension. Fleet vehicle records must be kept for these vehicles and the vehicles must be labeled.

A dual-fuel or bi-fuel engine is a compression-ignited (diesel) engine that runs on the simultaneous combustion of diesel fuel and natural gas.
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An Engine Near Retirement
When an agency has applied BACT to all other engines as required and the next engine in line for BACT is planned to be retired within one year, the agency may qualify for an "engine near retirement" extension. An agency with an engine near retirement may delay BACT for up to one year beyond a compliance deadline, provided all other engines have BACT applied, and the engine is retired prior to the end of the one year extension. An application to the ARB is not required for this extension, however, record keeping is required. In addition to the required fleet vehicle records, an agency must record the anticipated retirement date correlated to the vehicle identification number. This vehicle must be labeled as "retired."

"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 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.
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Experimental Diesel Emission Control Strategy
An agency is not required to notify ARB of use of an experimental diesel emission control strategy, however, in addition to the required fleet vehicle records, information must be kept detailing the test plan. This information must include the start and end dates of the experiment, the diesel emission control strategy family name, name and type of experimental strategy, targeted data to be generated by the experiment, and the contact information for the representative of the diesel emission control strategy.

An agency may operate experimental devices in no more than twenty (20) vehicles or ten (10) percent of their total fleet. The experiment may not last longer than two years, and upon conclusion of the experiment, vehicles must be brought into compliance within six months. No experimental diesel emission control strategy may be used on a vehicle after December 31, 2012. Each vehicle involved in the experiment must be labeled as "Experimental Diesel Emission Control Strategy".
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Low-Usage Vehicles
Low-usage vehicles and Low-Population County low-usage vehicles are considered retired vehicles provided they meet the mile or engine hour limitations. The vehicles must be labeled as a "low-use vehicle," or a "Low-Population County low-use vehicle," and mileage or hour usage documentation kept. Low-usage vehicles are operated for less than 1,000 miles or fifty (50) hours on an annual rolling mileage or engine hour average, averaging over five (5) years. Low-Population County low-usage vehicles are operated for less than 3,000 miles or 150 hours on an annual rolling mileage or engine hour average. BACT would NOT be required on this vehicle.

A rolling mileage or engine-hour average allows some flexibility for an agency to operate a vehicle as a low-usage vehicle. For example, if a vehicle is operated for 900 miles in the first year of the years to be averaged, this would allow the agency to operate the vehicle for 1099 miles in the second year. The average of these two years is less than 1000 miles. Averaging of the mileages would continue for year three, where three years will be averaged, for year four where four years will be averaged, and for year five, where five years will be averaged. After fifth year an agency will look only at the previous five years usage to determine the rolling mileage average. The average of the years of operation must not exceed 1000 miles.

In addition to the required fleet vehicle records, an agency must keep records documenting its mileage or engine hours, beginning December 31, 2007, and document its five-year mileage or engine-hours, as of December 31 of each year beginning in 2007. Records must be kept for all low-usage vehicles and the vehicles must be labeled. It is not required to notify the ARB of an agency's intent to designate a vehicle as a low-usage vehicle.

Low-use vehicles and Low-Population County low-use vehicles that are sold must be sold out-of-state or scrapped. Low-use vehilces and Low-Population County low-use vehicles sold within California must have BACT applied.
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