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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 county. For more information, please see the guidance document at http://www.arb.ca.gov/msprog/ordiesel/faq/publicfleetsize.pdf. 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 at http://www.arb.ca.gov/msprog/ordiesel/documents/outreach/notice.pdf. 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 email@example.com 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.