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Until further notice, no enforcement action will be taken for
noncompliance with the March 1, 2010, large fleet performance
requirements of the off-road regulation. 

Air Resources Board (ARB) Executive Officer James N. Goldstene
issued a statement yesterday informing fleets that until further
notice, ARB will take no enforcement action for noncompliance
with the March 1, 2010, large fleet performance requirements of
the off-road regulation.  This is primarily due to the fact that
ARB has not received authorization from U.S. EPA to enforce the
emission related requirements of the regulation. 
  
Please note that the idling, reporting, labeling, and sales
disclosure requirements in the regulation remain in effect and
fully enforceable.  This means that large fleets still must
comply with the April 1, 2010, reporting deadline (i.e., still
must report their reduced activity and reduced horsepower to
ARB).  For more information regarding these requirements, please
see the off-road knowledge center webpage at 
http://www.arb.ca.gov/msprog/ordiesel/knowcenter.htm

Also, in recognition of the continuing effects of the global
recession, on March 11, 2010, in Sacramento, ARB will conduct a
hearing where stakeholders may testify on whether the off-road
regulation should be modified further, beyond the relief that the
Board already enacted in July, 2009.  At the hearing, ARB will
gather more factual information on the impact of the recession on
affected fleets to determine if further changes to the regulation
are warranted.

ARB next week will also issue an enforcement advisory to clarify
the current situation and next steps. Further information
concerning the status of the off-road regulation is available in
the following letter that ARB sent yesterday to the Associated
General Contractors, available at
http://www.arb.ca.gov/msprog/ordiesel/documents/goldstene21110.pdf

We thank fleets for their patience as this situation evolves. 
We also wish to assure fleets that, whatever further changes to
the regulation may be enacted, if any, ARB staff will strive to
ensure that those fleets that have been proactive and taken steps
to reduce their off-road vehicles’ harmful emissions (by
modernizing and installing exhaust retrofits) will receive full
credit for those actions under the revised regulation.