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Approved Amendments to the Truck & Bus Regulation


On April 24-25, 2014, the California Air Resources Board held a meeting to consider the proposed amendments to the Truck and Bus Regulation. ARB has approved these changes to assist fleets with the transition to cleaner vehicles while preserving overall emission reductions and health benefits of the Regulation. There are new options that may allow additional compliance flexibility for your vehicles. Make sure to read all options that may apply to you. The approved amendments are intended to:
  • Protect the regulation's emission reductions by providing lower cost compliance options to small fleets, low mileage fleets, and fleets operating exclusively in certain areas with cleaner air.
  • Provide new opportunities for fleet owners to access public incentive funds.
  • Recognize fleet owners that made early investments to comply.


  • BE AWARE: This website provides information on amendments to the Truck and Bus Regulation (Regulation). None of the amendments are currently in effect. The changes were approved by the Board at the April 24-25, 2014 board hearing but they will not be finalized until they are approved by the Office of Administrative Law (OAL). Prior to the approval by OAL, the amendments to the Regulation are being made available early through the current and upcoming regulatory advisories.





  • Economic
    Hardship Extension

  • Small Fleets
     

  • Cranes, 2010 EMY Upgrade,
    Cattle Truck, Low Mileage

  • NOx Exempt
    Cleaner Air Rural Areas

  • Compliance Credits
    & Extensions

Who will this extension help? (Click here for a printer friendly version)
The Economic Hardship Extension is a newly adopted provision that is intended to assist only fleets that were out of compliance in 2014 and have exhausted all of their compliance options. These compliance options include applying for financing, opting into any of the rule's flexibility provisions, or attempting to install a filter or purchase a truck. The Economic Hardship Extension is a last resort for fleet owners who will need to prove they are financially unable to comply with rule requirements for their heavier on-road vehicles (26,001 lbs. or more GVWR).

If any part of a fleet would still be out of compliance after requesting Economic Hardship, this extension will not help you. Economic Hardship is not intended to allow trucks to increase mileage (emissions) or to expand operations in California.


What are the basic qualifications for my fleet to be considered for the Economic Hardship Extension?
Eligibility does not mean automatic approval.

1. The extension is only available for heavier trucks that were owned and operated in your California fleet on or before January 1, 2012. Any heavier vehicle purchased after this date is not eligible for the extension.

2. In general, only 1996 or newer model year engines are eligible for the extension.
        -Engine model years that are 1995 and older are eligible only if fleets reported their good faith efforts to comply with the Small Fleet Option or the PM Filter Phase-In Option.

3. If you have more heavier trucks in your fleet operating in California now than you did on January 1, 2012, you are not eligible to apply for the Economic Hardship Extension.

4. You can only apply for the extension for up to three heavy vehicles in your California fleet. If using the Economic Hardship Extension for three heavy vehicles does not bring you fleet into compliance, it cannot be claimed unless you sell, scrap or retire the other non-compliant vehicles. This must be completed before you can begin the process to show you are financially unable to bring other vehicles into compliance.

5. If you delayed compliance by claiming one of the following options for your vehicles in any year, you can remain in compliance by meeting the applicable requirements.

Agricultural Vehicle Extension

Log Truck Phase-In

Low-Use Exemption

NOx Exempt Area Extension

Low Mileage Work Truck (Construction) Option

Three-Day Pass


Out of State Vehicles - Additional requirements

Trucks registered outside of California may be eligible, but owners must be able to document that they operated in California in 2012, and anytime between January 1, 2014 and July 1, 2014.

Take our questionnaire to see if you qualify for the Economic Hardship Extension:


For more detailed information, please click the links below:
Economic Hardship Extension Fact Sheet
Economic Hardship Application and Eligibility Guide

Frequently Asked Questions

1. I've read all of the requirements above and am eligible to apply. How do I apply for the Economic Hardship Extension?

  • You must obtain the following quotes for one truck in your California fleet that you plan on using the extension on:
    • PM Filter
    • Replacement Truck
    • One to Three Year Vehicle Lease
  • You must apply for a loan from an approved CalCAP Lender for a PM filter, truck replacement, AND truck lease and be denied for all 3 options. You must be able to demonstrate that you offered your truck, or equivalent value asset as collateral. If you are denied financing, the lender must sign the form provided by ARB, and provide a loan denial letter. For example, if you have 3 trucks and are approved for financing or leasing for only 2 trucks, you will need to bring the 2 trucks into full compliance before applying for the Economic Hardship Extension for the remaining truck.
  • You must have owned the trucks on or before January 1, 2012. You must provide proof of ownership to ARB by January 31, 2015.
  •  For trucks that are registered outside of California, owners must provide proof of ownership of the vehicle and its operation in California on or before January 1, 2012, AND between January 1, 2014 and July 1, 2014. Documentation can include Internation Registration Plan (IRP) or fuel tax records.
  • Complete the Owner's Information section on Form 162 with financial information for 2012, 2013, and 2014. This information may come from filed tax returns, profit and loss statements, and other financial documents.
    • By January 31 of each year, you will need to update your financial information to retain the extension through the end of 2016.
NOTE: Do not send tax returns, profit and loss statements, or any other sensitive financial information with the application. These records must be kept and made available to ARB Enformcement staff upon request.

Please read the September 2014 Advisory and Economic Hardship Extension Eligibility Guide for more detailed information on the application process.

2. What can I do if I don't qualify for the Economic Hardship Extension?

You should make every attempt to bring your vehicle into immediate compliance to avoid fines. Your current options to bring your non-compliant heavier vehicles into compliance are:

o    Retrofit the engine with a PM filter

o    Replace the engine/vehicle with one equipped with a filter

         o    Sell, scrap, or retire the vehicles

In addition, beginning January 1, 2015, there will be flexibility options available that may help your fleet comply. These include:

o    Log Truck Phase-In

o    Low-Use Vehicle Exemption

                  o    NOx Exempt Area Extension

o    Low Mileage Work Truck (Construction) Option


BE AWARE: Until you are able to bring your vehicle into compliance, or take advantage of the new flexibility options in the Regulation, you will be out of compliance and subject to penalties.

 



Three or fewer vehicles in one fleet (Small Fleets)
  • This board-approved amendment provides additional time to install PM filters on a small fleet’s second and third trucks if the fleet owner has reported to use the Small Fleet Option. This also allows more time for these fleets to upgrade with lower-cost used trucks or apply for public incentive funding.

  • Note: To take advantage of this additional flexibility, your first truck must already have a PM filter, or you must have previously reported that you were making a good faith effort to comply with the Regulation and must have a PM filter by July 1, 2014.

    Small Fleet Option

    NEW PM Filter Schedule

    First Truck

    July 1, 2014

    Second Truck

    January 1, 2017

    Third Truck

    January 1, 2018


  • Click here for Fleet Scenarios

    a.     For fleets of 1, 2, or 3 trucks:

    ·   The first truck in the fleet should have been filtered by July 1, 2014.

    ·   If any truck had a PM filter installed by January 1, 2014, and you reported the action in TRUCRS, you have until January 1, 2023, to upgrade that truck to a 2010 model year engine.

    ·   If you have not yet taken any action to come into compliance, you may be able to use other provisions included in the amendments such as Low-Mileage Work Truck, NOx Exempt Area, Low-Use Vehicle Exemption, Heavy Crane, 25% 2010 Engine Model Year Upgrade, or Economic Hardship, if eligible. However, you will not be in compliance until you have selected and been approved for one of these options and may be subject to enforcement action if you are pulled over for an inspection.

     

    b.    For fleets of 2 trucks:

    ·   If the first truck had a filter by July 1, 2014, the second truck in the fleet has until January 1, 2017 for a filter to be installed.

     

    c.     For fleets of 3 trucks:

    ·   As a 3 truck fleet registered to use the Small Fleet Option, a PM filter should have been installed on the first truck by July 1, 2014. The second truck in the fleet has until January 1, 2017, for a PM filter to be installed and the third truck in the fleet has until January 1, 2018 for a PM filter to be installed.


    Note: For a comparison of the previous compliance schedule with the amended compliance schedule, please see the comparison fact sheet.
     
    Frequently Asked Questions

1. What is common ownership and control?

A: Common Ownership or Control means being owned or managed day to day by the same person(s), corporation, partnership, or association. Vehicles managed by the same directors, officers, or managers, or by corporations controlled by the same majority stockholders are considered to be under common ownership or control even if their title is held by different business entities. Additionally, the total number of vehicles under common ownership or control, even if outside California, needs to be considered when determining eligibility for the Small Fleet Option. For example, if you own or have common ownership and control of 50 trucks and only three trucks operate in California, you are not considered a small fleet. However, only the three vehicles that come into California are subject to Truck and Bus regulation requirements. If you own one truck, regardless of whether you contract for your own loads or have a leasing arrangement with a motor carrier and operate under their authority, you are considered a small fleet, and can use the Small Fleet Option.

2. How do the recent amendments to the Truck and Bus Regulation affect the compliance deadlines for the Small Fleet Option?

A: The compliance deadline for one truck owners was July 1, 2014. Below is a table displaying the compliance schedule for fleets of 1-3 trucks using the Small Fleet Option. Be aware: The first truck in your fleet must have a filter (OEM or retrofit) by July 1, 2014, to use the Small Fleet Option.

PM Filter Requirement

Schedule

First Truck

July 1, 2014

Second Truck

January 1, 2017

Third Truck

January 1, 2018

.

3. If I comply with the Small Fleet Option, when do I need to upgrade my vehicle(s) to a 2010 or newer model year engine?

A: Beginning January 1, 2020, all vehicles in the fleet that had PM filters installed according to the Small Fleet Option must comply with the 2010 model year emissions equivalent engine requirements by engine model year per the table below. However, any vehicle with a PM filter installed by January 1, 2014, has until January 1, 2023, to be upgraded to a 2010 or newer engine as long as it remains in the fleet.

-Starting in 2020, replacement is based on the Engine Model Year (EMY) schedule

Compliance Date

Requirement Summary

January 1, 2020

Replace all 1999 or older model year engines

January 1, 2021

Replace all 2000-2004 or older model year engines

January 1, 2022

Replace all 2005-2006 or older model year engines

January 1, 2023

All trucks must have 2010 model year engines

There are other options that may better suit your fleet such as the NOx Exempt Areas Extension, Low Use Vehicle Exemption, or the Low-Mileage Work Truck Option. Click the links to view the respective sections describing these provisions.

4. Can I still opt-in for the Small Fleet Option if I haven’t done anything towards compliance yet?

A: No, this option is closed. You must have met the requirements and should have already been reported to use this option. The initial PM filter compliance date was extended until July 1, 2014, and owners that did not meet the deadline must comply with the engine model year schedule.

5. Can I add vehicles to my fleet and continue to use the Small Fleet Option?

A: Yes, if you met the compliance requirements and opted-in on time, you can add trucks as long as you do not have more than a total of 3 vehicles in your fleet.

6. If I am a 1 truck owner using the small fleet option and I add a second or third truck, do I still have until January 1, 2017 to install a filter on the second truck or does that truck need to be immediately compliant?

A: Yes, you would have until January 1, 2017, to filter the second truck as long as the first truck in the fleet was equipped with a PM filter by July 1, 2014. You must report the new truck in the TRUCRS reporting system within 30 days of purchasing it. If you decide to add a third truck to the fleet, you would have until January 1, 2018, to filter the third truck.

7. I am a 1 truck fleet who reported good faith efforts to comply with the Regulation. Can I buy a new truck under the good faith effort provision, keep the old vehicle, and use the Small Fleet option to filter that older truck by January 1, 2017?

A: Yes, if the new truck has a PM filter and is delivered by July 1, 2014.

8. I am a small fleet with 3 or fewer trucks that had a PM filter installed on one of my trucks by January 1, 2014 but didn’t report to use the Small Fleet Option. Will I be allowed to report now and take advantage of the amended compliance schedule?

A: Truck owners will have an extended reporting period to July 31, 2014, to claim the Small Fleet Option.

9. What happens if I am registered to use the Small Fleet Option but I didn’t bring the first truck into compliance by July 1, 2014 if using good faith effort?

A: If you did not report and you missed the extended July 1, 2014, deadline to bring the first truck into compliance, you are no longer able to use the Small Fleet Option. You would then have to follow the engine model year schedule to bring your truck(s) into compliance.





Low Mileage Agricultural Trucks


  • Do you own an agricultural truck?
    This board-approved amendment allows existing owners to keep using the agricultural vehicle extension for vehicles that stay below 15,000 miles per year after January 1, 2017, and 10,000 miles per year after January 1, 2020. This provides lower cost compliance options for low-mileage agricultural trucks. Factsheets are currently being updated to reflect the amendments to the regulation. Please continue to check back here for updated information or join the list serve to receive information as it is released.

    Engine Model Year

    2012 to 2017

    NEW Annual Limit (2017-2020)

    NEW Annual Limit
    (2020-2023)

    2006 or newer

    25,000 miles

    15,000 miles

    10,000 miles

    1996 to 2005

    20,000 miles

    15,000 miles

    10,000 miles

    1995 and older

    15,000 miles

    15,000 miles

    10,000 miles

    Note: All compliance dates are for January 1st of stated year. For a comparison of the previous compliance schedule with the amended compliance schedule, please see the comparison fact sheet.

Frequently Asked Questions - Low Mileage Agricultural Trucks

1. What amendments were made to the Agricultural Vehicle Extension?

A: The recent amendments to the regulation allow agricultural vehicles that operate more than 10,000 miles per year, but less than the mileage thresholds shown in the table below, to continue using the extension past January 1, 2017. The amendments allow the extension to continue for vehicles that operate less than 15,000 miles per year until January 1, 2020. After 2020, the extension applies to vehicles that operate less than 10,000 miles per year until January 1, 2023.

2. Can I add more Ag trucks to my fleet without removing any?

A: There are no new Ag slots for fleets that have previously reported to take the Ag provision unless you are reporting to use a cattle livestock truck as a specialty vehicle. 




Cattle Trucks
  • The board-approved amendments to allow cattle livestock trucks to use the specialty agricultural truck extension. This option is being modified as part of the 15-day public comment period and the details are still to be worked out in the next one to two months. When the public comment period is closed, affected owners will be allowed to report to take advantage of the amended option. Please continue to check back here for updated information or join the list serve to receive information as it is released.





    Low Mileage Work Trucks
  • This board-approved amendment replaces the existing construction truck extension with a new Low-Mileage Work Truck Option. The new option applies to work trucks that travel less than 20,000 miles per year and that are straight trucks, or tractors that pull low boy or dump trailers. The new option does not apply to other tractors, buses, or truck and trailer combinations that haul goods. The amended schedule allows for a longer phase-in period to install PM filters or upgrade low-mileage work trucks as described below:

     

    Approved Amendment

    Year

    Percentage of fleet with PM Filters

    2014

    33%

    2015

    40%

    2016

    60%

    2017

    80%

    2018

    100%

    2020

    Must follow engine model year schedule to meet 2010 standard

    Note: For a comparison of the previous compliance schedule with the amended compliance schedule, please see the comparison fact sheet.

  • Owners that are already using the Low Mileage Construction Truck Option do not need to take any additional action and can continue operating as a designated low-mileage work truck up to the amended 20,000 miles in 2014.
  • Owners that have work trucks that meet the expanded definition and will operate less than 20,000 miles in 2014 may retroactively claim the Low Mileage Work Truck extension by reporting no later than July 31, 2014.
    • Owners can claim the extension for eligible heavier trucks if at least 33 percent of the heavier vehicles in the fleet (not including low-use trucks) already have a PM filter. 
    • Eligible owners must report January 2014 odometer readings and information about all heavier trucks in the fleet no later than July 31, 2014.
    • Trucks that are newly reported to use the extension must have been in the fleet on January 1, 2012, or must have 1996 or newer engines and will operate less than 20,000 miles this year.

    • Eligible trucks will need to be labeled on each door with the letters "WT" (white letters on a 3 inch by 5 inch black background) by July 31, 2014.

    • Each January, fleets will be able to designate which trucks will use the work truck extension for the year,

  • Factsheets have been updated to reflect the amendments to the Regulation. Please continue to check back here for updated information or join the list serve to receive information as it is released.



  • Frequently Asked Questions - Low Mileage Work Trucks

    1. Will this option be open in TRUCRS administratively later this year?

    A: We plan on opening reporting for the Work Truck provision once the advisory is released this summer and you will need to report by July 31, 2014. You will be required to report your mileage as of January 1, 2014.

    2. What is considered a “work truck”?

    A: A Work Truck is a vehicle that meets one of the definitions below:

    o    A dump truck that is designed to transport construction materials such as dirt, asphalt, rock or construction debris including a transfer dump truck, or a tractor trailer combination used exclusively to pull bottom dump, end dump, or side dump trailers.

    o    Any truck or tractor owned by a company that holds a valid license issued by the California Contractors State License Board.

    o    A truck with an attached bed or body that includes but is not limited to a concrete mixer truck, concrete pump truck, a water tank truck, or a single engine crane, except if the truck in combination with a trailer transports goods as defined by commercial code section 2015.

    o    A truck tractor that exclusively pulls a low-boy trailer.

    o    Any truck with a GVWR from 14,001 to 26,000 lbs.

    3. Is there an opt-in for 2015 if I didn’t meet the mileage requirements in 2014?

    A: If the minimum number of filters are in the fleet, each January owners can designate which truck will use the extension. Owners that failed to comply in 2014 are still subject to penalty and may not continue to operate non-compliant trucks.

    4. If I didn’t meet the 33% compliance requirement for the Low Mileage Construction Truck Extension, am I still eligible to use the Work Truck provision?

    A: If you meet the criteria of the Low Mileage Work Truck Option, you will be able to use the extension by reporting in the TRUCRS reporting system.





    Low Usage Trucks (5,000 miles or less total or 1,000 miles within CA annually)
  • This board-approved amendment temporarily exempts vehicles that travel less than 5,000 miles per year until 2020. If you drive more than 5,000 miles annually, you will still be able to report for the low-use vehicle exemption as long as you operate less than 1,000 miles within California per year. This amendment also eliminates the power take-off (PTO) hour limit requirements for trucks performing stationary work and provides lower cost compliance options for low-use vehicles. After January 1, 2020, you will still be able to use the low-use exemption with an annual limit of 1,000 miles within California with no PTO hour limits. Factsheets have been updated to reflect the amendments to the regulation. Please continue to check back here for updated information or join the list serve to receive information as it is released.

    Approved Amendment

    Operate less than 1,000 miles in CA per year (no PTO limit),                               OR

    No more than 5,000 miles total on truck.  (Up to 2020)  

    Note: For a comparison of the previous compliance schedule with the amended compliance schedule, please see the comparison fact sheet.

Frequently Asked Questions - Low Usage Trucks

1. What is the Low Use Vehicle Exemption?

A:

·   The Low-Use Vehicle Exemption allows a low-use vehicle to operate in California without meeting the PM filter or engine upgraded requirements of the Truck and Bus regulation in the compliance year. 

·   There may be other compliance options for trucks that travel more than 5,000 miles but less than 20,000 miles annually, such as the Low Mileage Work Truck provision which provides an extended compliance schedule for work trucks that travel less than a total of 20,000 miles per compliance year, regardless of its weight or where the truck is operated.  Click here for more information on the requirements for the Low Mileage Work Truck Provision.

2. What happens if I exceed the mileage allotment?

A: If a vehicle is expected to exceed the mileage limits of the low-use vehicle exemption, the owner must bring the vehicle into compliance before exceeding the usage limits and must report what actions were taken to remain in compliance within 30 days of the change.

3. What if I didn’t claim the Low-Use Vehicle Exemption for 2014 because I perform stationary work more than the previous PTO hour requirement, but now I qualify because of the amendments to the regulation?

A: Owners that perform work while stationary that did not claim the low-use exemption may retroactively claim the low-use exemptions by reporting their January 2014 odometer readings until July 31, 2014, to ARB.

4. Is there a reporting deadline each year in order to use this exemption?

A:

·   Fleet owners must report information about the vehicles that will use the low-use exemption by January 31 of each compliance year and must report the January 1 odometer reading.

·   If you are in compliance with the regulation using another provision, you can choose to report for the Low-Use Vehicle Exemption if it better suits your fleet.  You can only switch to the Low-Use exemption by reporting in TRUCRS at the beginning of the compliance year and reporting the January 1 odometer reading.

5. Will I be allowed to switch between compliance options?

A: As stated in the June 2014 Advisory, owners with trucks that meet the requirements of the Low Mileage Work Truck Option and will operate less than 20,000 in 2014 may retroactively claim this option until July 31, 2014. Starting January 1, 2015, owners with trucks eligible for the Low Mileage Work Truck Option can report to use this option by January 31 of the compliance year. The NOx Exempt Area provision and the Phase-In option are closed. The Agricultural Vehicle Provision is closed except if you are reporting to use the Cattle Truck specialty agricultural provision. Fleet owners have until January 31, 2015, to report for the Log Truck Phase-In Option.

6. If I already reported for the Low-Use Vehicle Exemption, do I still have an hourly PTO limit?

A: This amendment eliminates the power take-off (PTO) hourly limit requirements for trucks performing stationary work including those that have previously reported to use this exemption.





    2010 Engine Model Year Upgrade:
  • This board-approved amendment limits the number of 2010 engines that must be purchased in a year. With this option a fleet owner will need to replace no more than 25% of the total fleet or two vehicles per year, whichever is greater, that would otherwise be required to turn over to a 2010 model year engine per year starting January 1, 2015. If you are required under the Engine Model Year schedule to upgrade more than 25% of your vehicles to 2010 model year engine or equivalent, this provision could help you. This amendment also provides additional compliance options for fleet owners that have a high percentage of older trucks, and applies separately to both heavier or lighter trucks.

  • Here is one fleet example: For a fleet of 12 heavy-duty trucks, all of which have pre-1994 engines. For this example, rather than upgrading all of your pre-1994 trucks by January 1, 2015, as required by the Engine Model Year schedule, this provision allows you to upgrade your fleet with 2010 engines according to the schedule below:

EXAMPLE ONLY. SCHEDULE WILL VARY BY FLEET.
Year Number of trucks that must be upgraded per year
2015 3
2016 3
2017 3
2018 3

    Factsheets are currently being updated to reflect the amendments to the regulation. Please continue to check back here for updated information or join the list serve to receive information as it is released.


Frequently Asked Questions - 2010 EMY Upgrade Provision

1. How does this provision help me comply with the regulation?

A:

·   Owners that comply with the engine model year schedule will not be required to upgrade with 2010 or newer engines for more than 25 percent of the fleet or 2 trucks, whichever is greater. The limit applies separately for lighter and heavier trucks. Note that this option is only available for the replacement of vehicles in order to comply with the Engine Model Year schedule. 

·   This option places a “cap” on the number of 2010 engines that must replace existing vehicles per year.

2. What is the baseline fleet that will be used to calculate the 25 percent for the 2010 EMY Upgrade Provision? Is the baseline set every year or once?

A: It will be a rolling baseline set on the size of the fleet on January 1 of the previous calendar year. NOTE: If you use this option and increase the size of your fleet, the new vehicles must be 2010 model year engines or newer, and do not affect the number of vehicles in your baseline fleet. See the example here.

3. Can this provision only be used once?

A:

·         No, fleets can use this option more than once.

·         For example: A fleet of 12 heavy trucks has six 1996 EMY trucks with PM filters and six 2007 EMY trucks.  They can use this provision to begin upgrading their 1996 EMY trucks starting in 2020 per the EMY schedule.  Then, when the 2007 EMY trucks are due for upgrades in 2023, the fleet can use the provision once more.  This provision simply reduces the number of trucks they required to upgrade per year.

4. Specific fleet examples coming soon. Check back here for updates.





    Heavy Cranes
  • This board-approved amendment gives heavy cranes flexibility to be upgraded to 2010 or newer model year engines at an annual rate of 10 percent from 2018 to 2027. The amendment gives credit for heavy cranes equipped with a PM filter before January 1, 2018, and counts them towards meeting the proposed 2010 engine requirement. Factsheets are currently being updated to reflect the amendments to the regulation. Please continue to check back here for updated information or join the list serve to receive information as it is released.


Frequently Asked Questions - Heavy Cranes

1. What is the Heavy Crane Provision?

A:

o    This is a new compliance option for heavy cranes that would require them to be upgraded to 2010 model year or newer engines at a rate of 10 percent of the heavy cranes in the fleet per year from January 1, 2018, to January 1, 2027.

o    Heavy cranes with a PM filter installed by January 1, 2018 will be counted towards meeting the 2010 heavy crane engine requirement and will not need to be upgraded.

Compliance Deadline as of January 1

Required Crane Fleet Upgrades to 2010 Model Year Engines

1 Crane Owner

2 Crane Owner

3 Crane Owner

4 or More Cranes

2018

 

 

 

10%

2019

 

 

1

20%

2020

 

1

 

30%

2021

 

 

 

40%

2022

1

 

1

50%

2023

 

 

 

60%

2024

 

 

 

70%

2025

 

1

 

80%

2026

 

 

1

90%

2027

 

 

 

100%

 

2. How does this provision interact with the 2010 EMY Upgrade provision (25% or 2 trucks)?

A: It does not interact with the 2010 EMY Upgrade provision. The 2010 EMY Upgrade provision is only to be used on trucks complying with the Engine Model Year schedule.

     


     
    Log Trucks - Exclusively Transport Logs
  • This board-approved amendment allows log truck owners to make changes to the number of log trucks that are in the log truck phase-in option until January 31, 2015. This change provides lower cost compliance flexibility provided by other amended options. Factsheets are currently being updated to reflect the amendments to the regulation. Please continue to check back here for updated information or join the list serve to receive information as it is released.



Operating exclusively in a NOx exempt area

  • This board-approved amendment adds additional rural areas with cleaner air to the list of “NOx exempt” counties. The following counties were added to the list of “NOx exempt” counties due to progress reached in attaining air quality standards: Amador, Butte, Calaveras, Eastern Kern, Inyo, Mariposa, Mono, Nevada, Northern Sutter, Tuolumne and portions of El Dorado and Placer that are within the Lake Tahoe Air Basin. The amendment applies to both heavier and lighter vehicles and allows for a longer phase-in period per the schedule below*. For example, if you are a single truck owner who operates exclusively in NOx Exempt areas, you will have until January 1, 2017, to install a PM filter on your truck.

  • Owners that are currently operating in regions that were not included in the NOx exempt area expansion approved by the Board will need to comply with the general requirements of the Regulation or use other available compliance options.

  • Small fleet owners with 3 or fewer vehicles that used the NOx Exempt Area Extension and will not be able to use the extension in 2015 will still be allowed to claim the Small Fleet Option by demonstrating that one heavier vehicle in the fleet has a PM filter by January 1, 2015.

  • Factsheets are currently being updated to reflect the amendments to the regulation. Please continue to check back here for updated information or join the list serve to receive information as it is released.


Compliance Deadline as of January 1

NEW PM Filter Phase-in

2014

0%

2015

25%

2016

40%

2017

55% 

2018

 70%

2019

 85%

2020

 100%


  • *This schedule does not apply to fleets that operate in areas marked as ‘cross-hatched’ sections in the November 2013 Advisory. Fleets in these areas must have all applicable trucks in compliance by January 1, 2015.
  • Factsheets are currently being updated to reflect the amendments to the regulation. Please continue to check back here for updated information or join the list serve to receive information as it is released.


Additional provision for fleets with 3 or fewer heavy trucks total, and that all operate exclusively in NOx Exempt Areas. Owners must report to use the extended compliance dates.

  1. 1. If you own one truck and operate exclusively in NOx Exempt Areas, the truck does not need to have a PM filter installed until January 1, 2017.

  2. 2. If you own two trucks and operate exclusively in NOx Exempt Areas, the first truck does not need to have a PM filter installed until January 1, 2015, and the second truck until January 1, 2019.

  3. 3. If you own three trucks and operate exclusively in NOx Exempt Areas, the first truck does not need to have a PM filter installed until January 1, 2015, the second truck until January 1, 2017, and the third truck until January 1, 2019.


Frequently Asked Questions - NOx Exempt Areas

1. Can I report to use the NOx Exempt Area provision every year?

A: Yes, you can opt-in each year by the January 31st reporting deadline. Your entire fleet does not need to operate in NOx exempt areas to qualify for this provision. Only select this option for vehicles in your fleet that meet the NOx Exempt Vehicle provision requirements.

2. What areas are considered “NOx Exempt”?

A:

·   Existing NOx Exempt Areas: Alpine, Colusa, Del Norte, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Monterey, Plumas, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, Shasta, Sierra, Siskiyou, Northern Sonoma, Trinity, Tehama, and Yuba.

·   Additional Areas in the Amended Regulation: Amador, Butte, Calaveras, Eastern Kern, Inyo, Mariposa, Mono, Nevada, Northern Sutter, Tuolumne, and the portions of El Dorado and Placer that are within the Lake Tahoe Air Basin.

3. If I am in the cross-hatched areas from the November 2013 Advisory that are no longer part of the NOx Exempt areas, what do I do?

A: Owners that are currently operating in regions that were not included in the NOx exempt area expansion approved by the Board will need to comply with the general requirements of the regulation or use other available compliance options starting January 1, 2015.

4. Are there any instances where I can travel outside of a NOx exempt area?

A:

·   Vehicles that use the NOx exempt area extensions may travel outside of the designated NOx exempt areas only for the following purposes:

·   Repairs or other maintenance related services to the vehicle.

·   Emergency operation: Operation of an authorized emergency vehicle or emergency support vehicle to help alleviate an immediate threat to public health or safety.  Examples of emergency operation include a vehicle that is used at an emergency even to repair or prevent damage to roads, buildings, terrain, and infrastructure as a result of an earthquake, flood, storm, fire, terrorism, or other infrequent acts of nature.  Emergency operation includes authorized emergency vehicle and emergency support vehicle travel to and from an emergency even when dispatched by a local, state, or federal agency.  Routine operation to prevent public health risks does not constitute emergency operation.

5. What are the requirements to remain in the NOx exempt vehicle provision?

A: There are ongoing annual reporting requirements as well as labeling requirements for trucks using the NOx exempt areas provision. Vehicles that do not have PM filters and are operated exclusively in the NOx exempt areas of California must be labeled unless the owner chooses to comply with a vehicle location tracking system. See the factsheet for more information on labeling requirements.

6. If I am in a NOx exempt area and the truck has a PM filter installed per the provision, is it ok to operate the truck throughout the state or must it remain in NOx Exempt areas? Would this apply to only 1996 and newer?

A: Trucks with 1996 and newer engines that have PM filters can operate anywhere in the state until 2020 because they are compliant with the Engine Model Year schedule. Any truck with a PM filter installed by January 1, 2014, is ok to operate around the state until 2023 when it must be upgraded to a 2010 or newer model year engine, if reported. Otherwise, 1995 and older engines with a PM filter must stay within NOx Exempt areas after 2016.


Early Action Credits and Extensions

To recognize fleet owners who made early investments to comply with the scheduled rule requirements, the board approved amendments recognize these fleet owners by providing credits as described below.


  • Credit for PM Filter Retrofits before January 1, 2014(Large and Small Fleets)
    This board-approved amendment extends the use of existing PM retrofits from January 1, 2020 until January 1, 2023. As long as the vehicle remains in the fleet, it does not have to be upgraded to the 2010 EMY standard until January 1, 2023. To qualify for this extension, the engine needs to have been retrofitted prior to January 1, 2014. This amendment recognizes fleet owners that made early investments to comply. Factsheets are currently being updated to reflect the amendments to the regulation. Please continue to check back here for updated information or join the list serve to receive information as it is released.


  • Credits with PM Filter Phase-In Option
    This board-approved amendment extends the use of existing compliance credits until January 1, 2018 for owners that are using the PM Filter Phase-In Option. This includes: 1) downsizing credits, 2) credits for early PM retrofits, 3) credit for early addition of engines with OEM PM filters, and 4) credit for adding alternative fueled vehicles or pilot ignition engines. The amendments also extend compliance credits for adding advanced technology vehicles until January 1, 2020. The amendments recognize fleet owners that made early investments to comply. Factsheets are currently being updated to reflect the amendments to the regulation. Please continue to check back here for updated information or join the list serve to receive information as it is released.


  • Compliance for PM Filter Retrofits that were Recalled
    This board-approved amendment addresses PM filters that were subject to a manufacturer’s recall. If the manufacturer could not repair or replace the recalled filter, the amendment allows the vehicle to operate up to five years from the date of the recall. This amendment recognizes fleet owners that made early investments to comply. Factsheets are currently being updated to reflect the amendments to the regulation. Please continue to check back here for updated information or join the list serve to receive information as it is released.


Frequently Asked Questions - Early Action Credits and Extensions

1. Credit for PM filter before 1/1/14:

A:

·         According to the November 2013 Advisory, fleet owners have until July 1, 2014 to have a filter installed on their truck(s) if they reported to use the Manufacturer Delay option.  These filtered trucks can run until 2023 when they need to be upgraded to a 2010 or newer model year engine.

·         Trucks using Good Faith Effort do not get to take advantage of any of the early action credits, as stated in the November 2013 Advisory.

·         If I purchase a truck after January 1, 2014 but a PM filter was installed by January 1, 2014, do I have until 2023 to upgrade to a 2010 engine?

·   No because it is not a transferable credit.  However, if you acquired an entire fleet, then you could take advantage of this credit.  Also if you owned the truck by January 1, 2014 and reported it in TRUCRS you can take advantage of this credit. 

·   For example, if you buy a 1995 truck tomorrow that had a PM filter installed by January 1, 2014, it would need to be upgraded according to the EMY schedule and would not get this credit.

2. Compliance for PM retrofits that were recalled - Can I use this credit if I buy a truck with a recalled filter?

A: No. If you buy a truck with a recalled filter that has not been repaired it is considered out of compliance. You need to bring the truck into compliance following the Engine Model Year schedule.
3. Note that you would have 5 years from the date of recall or until your required replacement date, whichever comes first, to bring your truck into compliance. This will be further defined in the 15-day changes.

 

ADDITIONAL FREQUENTLY ASKED QUESTIONS  

Information on 3-day pass

1. What is the 3-day Pass?

A: A Three Day Pass is a temporary permit that allows a fleet owner to operate one vehicle per calendar year in California that does not meet the emission reduction requirements of the Truck and Bus regulation. The three day period begins at 12:00 am on the date you specify on the form.

2. How do I obtain a 3-day pass for my truck?

A: You must complete a request form and submit the information to the Air Resources Board three days prior to the vehicle entering California. The pass will be granted as long as it is the first request made by the fleet in the calendar year. If the ARB fails to respond by the date of the vehicles planned entry, the vehicle may operate in California for the requested three-day period. The vehicle operator must present a copy of the form to Air Resources Board personnel upon request, or the fleet owner may be subject to penalties. The form can be found here.

Reporting

1. When will reporting open for the amended provisions?

A: Reporting will open mid-year in 2014 for truck owners wishing to use the Low-Mileage Work Truck provision. The advisory will further layout reporting dates for the other provisions.

2. Will mid-year reporting be allowed for any of the provisions?

A: No, unless you buy a truck, then you have 30 days from the date that the truck was added to report. If you are using the NOx Exempt Area provision based on the cross-hatched areas included in the November 2013 advisory that are no longer included in the NOx area provision starting 2015, you can switch options when they become available in 2015.

Fleet Compliance

1. I have installed a PM filter on my truck(s) by January 1, 2014. Do I receive any benefit for this?

A: Any trucks with a PM filter installed by January 1, 2014 now have until 2023 to be upgraded to a 2010 or newer model year engine as long as the vehicle remains in the fleet. You must report this action in the TRUCRS reporting system no later than January 31, 2015 to receive the extra time.

2.  Will I be allowed to switch between compliance options?

A: It depends on the option you decide to switch to. Several compliance options required certain actions and had opt-in periods that are now closed.Several options allow you to designate which truck will use them in January of each year such as the Low-Use Vehicle Exemption, NOx Exempt Area provision, and Low Mileage Work Truck option. Fleets will not be allowed to opt-in to these provisions mid-year, except for trucks that were purchased in the last 30 days. The Phase-In option is closed. The Agricultural Vehicle Provision is closed except if you are reporting to use the Cattle Truck specialty agricultural provision. Fleet owners have until January 31, 2015, to report for the Log Truck Phase-In Option.


Disclaimer: These summaries of the approved regulatory changes are not meant to take the place of the actual proposed language as outlined in Appendix A of the Staff Report.