Comment Log Display

Letter Attached as well. 

December 21, 2023
The Honorable Steven S. Cliff, Ph.D.
Executive Officer
California Air Resources Board
1001 I Street
Sacramento, CA 95814
ATTENTION: Clerk's Office
RE: Proposed Amendments to the Heavy-Duty Engine and Vehicle
Omnibus Regulation -
15-Day Change Notice
Dear Dr. Cliff:
On behalf Classic Charter, Inc. I am submitting the following
comments in response to the Notice of
Availability of Modified Text (Modifications) - Proposed Amendments
to the Heavy-Duty Engine and
Vehicle Omnibus Regulation (Notice), posted by the Air Resources
Board (CARB or Agency) on
December 6, 2023.
We have been in business since 1985, operating 25 large vehicles
and taking over 150,000 passengers
annually on trips throughout the United States.
Classic Charter has a vital interest in CARB's proposed action to
amend the Omnibus regulation, and
believe it is important for the Board to hold a public hearing on
this matter to fully assess both the
proposed amendments and their impact, as well as the steps leading
to the development of these
amendments.
For the past six months, several interested fleet operators, the
California Bus Association and the
motorcoach vehicle manufacturers, tried to engage with CARB on the
Heavy-Duty Engine and Vehicle
and Omnibus Regulation (Omnibus Regulation) to find a path toward
compliance for California bus fleet
operators that will not jeopardize our businesses. As the full
title of the Omnibus Regulation states, this
regulation impacts both engines and vehicles; however, based on our
discussions and engagement with
CARB to date, the Agency appears to be solely focused on working
with original equipment
manufacturers (OEM) of engines to the disadvantage of vehicle
manufacturers and fleet operators, in the
bus and truck industries. From the outset of the process to develop
this regulation, it appears CARB
engaged engine manufacturers only, without reaching out or engaging
vehicle manufacturers or fleet
operators. Even in regard to negotiations held earlier this year in
response to concerns raised with the
Omnibus Regulation, CARB again relied solely on engine OEM input
without considering input from or
the effects of the amendments on vehicle OEMs and end user fleet
operators
(https://ww2.arb.ca.gov/sites/default/files/2023-
07/Final%20Agreement%20between%20CARB%20and%20EMA%202023_06_27.pdf).
As was
mentioned by many who submitted comments seeking a public hearing,
the motorcoach industry needs
additional flexibility under the Omnibus Regulation for Model Years
2024-2026, as the vehicle OEMs
will not be in position to provide sufficient compliant motorcoach
vehicles for sale in the California
market, and my business, my passengers, my employees and the air
quality of the state will suffer.
Understanding this 15-Day change notice is limited to the proposed
Modifications, Classic Charter also
provides the following comments specific to this proceeding.

First, in reference to the proposed modifications to Subsection
1956.8(a)(2)(C)3.b.iv., of Title 13,
California Code of Regulations (CCR) and the Diesel Engine Test
Procedures incorporated by reference
in Section 1956.8(b), of Title 13, CCR. The purpose of these
modifications, per the Notice, is to further
clarify the intent of these regulations for manufacturers that
choose to use either Options 1 or 2. Although
we appreciate CARB's intent, as fleet operators and in
collaboration with the vehicle OEMs, we urge
CARB to provide further clarification on legacy engines, offsets
and credits. Specifically, we continue to
seek explicit clarification from CARB on what "offset" means, in
terms of use of credits to address legacy
engine emission deficits. Motorcoach vehicle OEMS have
zero-emission vehicle (ZEV) credits, and have
held discussions with engine OEMs, for the purpose of using these
credits to acquire legacy engines for
use in their vehicles. However, we are told by both the vehicle and
engine OEMS that there is confusion
on whether these "credits" are acceptable for compliance with the
Omnibus Regulation legacy engine
options, and of more concern, the OEMs are unable to obtain
clarification from CARB directly. Vehicle
OEMs are pursuing every effort to prepare for compliance with the
Omnibus Regulations, however this
cannot be accomplished without further clarification and assistance
from the Agency who authored the
regulation. Several years of motorcoach vehicle sales hang in the
balance and cannot proceed without
additional clarity.
Next, in reference to the proposed modification to Section 1971.1,
Title 13, CCR, On-Board Diagnostic
(OBD) System Requirements, ABA supports the removal of the option
to certify to OBD systems to
California OBD requirements in Section 1971.1, and instead
establish national consistency with federal
requirements. The importance of setting consistent and uniform
emissions standards cannot be
understated. Business operations cannot function among various
jurisdictions without a uniform
approach to regulation, this is particularly true for the
transportation industry, which routinely crosses
jurisdictions. This is why ABA is fully supportive of CARB's
realignment of the Omnibus Regulation
standards with the federal standards for MY 2027 and beyond.
National uniformity in these matters is
critical.
Again, we urge CARB to reconsider its position and provide
additional flexibility in the Omnibus
Regulation for the use of legacy engines in new motorcoaches for
market during the MY 2024-2026
period, as was provided for transit bus operations. Motorcoaches
are an environmentally responsible
form of mass transportation that can assist CARB in reaching its
emission targets by reducing congestion
and should be promoted and incentivized, rather than limited or
hindered by reducing the availability of
new equipment. Classic Charter urges CARB to provide further
clarification, as part of these proposed
modifications, and outreach to assist both engine and vehicle OEMS
in preparing to comply with the
legacy options amendments to the Omnibus Regulation. We also
support and encourage CARB to seek
every opportunity to reconcile their emissions standards and
protocols with federal emissions standards
and protocols, in support of uniform national standards that allow
businesses to function in interstate
commerce.
Respectfully,
Chris Riddington
Classic Charter, Inc.
President
Operator and Board Member