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arbcombo -- Clarification regarding public fleets covered by the in-use off-road diesel vehicle regulation

Posted: 08 Aug 2008 16:59:24
ARB staff is providing clarification of how fleet size is defined
for public fleets in the new in-use off-road diesel vehicle
regulation.   You are receiving this email because your fleet is
subject to the Fleet Rule for Public Agencies and Utilities.  ARB
has recently received questions from some fleets subject to that
rule regarding how their fleet size will be defined for the new
in-use off-road diesel vehicle regulation. The in-use off-road
diesel vehicle regulation in 2449(c)(25) says that a fleet's
total hp is based on the "vehicles under common ownership or
control."   "Common ownership or control" means "being owned or
managed day to day by the same person, 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..."

Departments within a county are under "common ownership and
control"  with each other just as divisions or departments of a
corporation are under common control with one another. Thus,
departments of a county would have to use the total hp for the
whole county (because all departments of a county are under the
same people or "directors") to determine whether they are a
large, medium, or small fleet.  The departments can report and
comply separately, but if the hp from all the vehicles under a
county's various departments totals over 5,000 hp, then all its
departments would need to meet large fleet requirements (first
compliance date in 2010, NOx and PM requirements).

This is DIFFERENT than how fleet ownership is handled in the
Fleet Rule for Public Agencies and Utilities.  Under that rule,
individual departments in a county can be completely separate
fleets because the rule's provisions do not differ based on
fleet size. On the other hand, a separate agency related to a
county, like a flood control special district that has its own
funding and management would be considered a separate fleet
because it's not under common ownership or control with the

For more information, please see the guidance document at

We would also like to be sure you are aware that to assist fleet
owners with their compliance efforts, ARB staff is conducting a
series of statewide training seminars on the off-road
regulation.  These training seminars will provide an in depth
presentation of the regulation and how to comply, a discussion
of record keeping and vehicle labeling requirements, a review of
exhaust retrofit products available, and information about grant
opportunities.  In addition, participants will have an
opportunity to speak one-on-one with providers of exhaust
retrofit devices.  For more information, please see the notice

If you or other staff at your agency would like to attend one of
our free training sessions, please RSVP to Eric Brown of my staff
at ebrown@arb.ca.gov

You are receiving this single arbcombo email because you are a
subscriber to or have made a public comment to one or more of
the following lists: bus-tfv, bus-ub, publicfleets.

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