Cal. Code Regs. Tit. 13, § 2022 - Diesel Particulate Matter Control Measure for Municipality or Utility On-Road Heavy-Duty Diesel-Fueled Vehicles

Current through Register 2022 Notice Reg. No. 16, April 25, 2022

(a) Scope and Applicability. Sections 2022 and 2022.1 apply to any municipality or utility that owns, leases, or operates an on-road diesel-fueled heavy-duty vehicle with either a 1960 to 2006 model-year heavy-duty engine or a 2007 model-year or newer engine certified to greater than 0.01 grams per brake horsepower-hour particulate emission standard and manufacturer's gross vehicle weight rating greater than 14,000 pounds. These sections do not apply to a vehicle subject to the solid waste collection vehicle rule commencing with title 13, California Code of Regulations, section2021 or to the fleet rule for transit agencies commencing with section 2023, or to a school bus as defined in Vehicle Code section 545, or to a military tactical support vehicle, as described in title 13, California Code of Regulations, section 1905, or to an emergency vehicle as described in California Vehicle Code, section 27156.2, or to an off-road vehicle as described in title 13, California Code of Regulations, sections 2401, 2421,2411 and 2432.
(b) Definitions. The definitions in section 2020 shall apply to sections 2022, and 2022.1. In addition, the following definitions apply only to sections 2022, and 2022.1.
(1) "Dedicated Snow Removal Vehicle" means a vehicle that has permanently affixed snow removal equipment such as a snow blower or auger and is operated exclusively to perform snow removal operations.
(2) "Dual Engine Street Sweeper" means an on-road heavy-duty vehicle, over 14,000 pounds gross vehicle weight rating, that is used for the express purposes of removing material from road surfaces, by mechanical means through the action of one or more brooms, or by suction through a vacuum or regenerative air system or any combination of the above. A dual engine street sweeper has an engine to propel the vehicle and an auxiliary engine to power the broom or vacuum.
(3) "Lease" means to operate a vehicle that is owned by a rental or leasing company for a period of one year or more.
(4) "Low-Population County" means a county with a population of less than 125,000, based upon the California Department of Finance estimates as of July 1, 2005, and as listed in Table 2 of title 13, California Code of Regulations section 2022.1.
(5) "Low Usage Vehicle" means a vehicle that is operated for fewer than 1000 miles or 50 hours per year, based on a 5 year rolling mileage or engine-hour average. A vehicle that does not have a properly functioning odometer, tachograph, or other reliable device to measure usage may not qualify as a low usage vehicle.
(6) "Low-Population County Low Usage Vehicle" means a vehicle that is owned or operated by a municipality or utility located in a low-population county and is operated, based on a 5 year rolling mileage or engine hour average for fewer than 3000 miles or 150 hours, excluding mileage or engine hours used during snow removal operations. A vehicle that does not have a properly functioning odometer, tachograph, or other reliable device to measure usage may not qualify as a low-population county low usage vehicle.
(7) "Operate" means to use or manage a vehicle by a municipal or utility employee for the purposes of conducting work by or for the municipality or utility. This does not include personal vehicle use for commuting to or from the workplace.
(8) "Retirement" or "Retire" means the withdrawal of an engine or vehicle subject to this rule from a municipality or utility fleet in California; the engine may be sold outside of the State of California, scrapped, converted for use in a low usage vehicle or low-population county low usage vehicle. "Retirement" or "retire" also means the transfer of an engine or vehicle, which is subject to this rule and has been brought into compliance with title 13, California Code of Regulations, section 2022.1(b), from a municipality or utility fleet in California to another person or entity in California. In addition, "retirement" means the sale of a dual engine street sweeper with a model year engine of 2004, 2005, or 2006 in the State of California to a buyer who must comply with title 13, California Code of Regulations, section 2025.
(9) "Sold Outside of the State of California" means a sale of a vehicle for operation outside the State of California to satisfy the definition of "retirement" in section 2022(b)(8). A municipality or utility must submit a completed "VIN stop" application, as defined in title 13, California Code of Regulations, section 2022(b)(10), to the Executive Officer prior to sale of the vehicle. ARB will obtain VIN Stop from Department of Motor Vehicles. A municipality or utility must also follow the record-keeping requirements as defined in title 13, California Code of Regulations, section2022(f)(1)(K). If a municipality or utility is selling a vehicle through a Third Party Vehicle Seller, it must include Third Party Vehicle Seller contract language as defined in title 13, California Code of Regulations, section2022(h).
(10) "Third Party Vehicle Seller" means a person that a municipality or utility uses to sell a vehicle outside of the State of California.
(11) "Total Fleet" means the total of a municipality's or utility's on-road heavy-duty vehicles with a 1960 to 2006 model-year medium heavy-duty or heavy heavy-duty engine and a manufacturer's gross vehicle weight rating greater than 14,000 pounds, excluding (A) low usage vehicles, (B) low-population county, low usage vehicles, (C) dedicated snow-removal vehicles, and (D) gasoline fueled vehicles. 1 As of January 1, 2009, "Total Fleet" means the total of a municipality's or utility's on-road heavy-duty vehicles with a manufacturer's gross vehicle weight rating greater than 14,000 pounds with a 1960 to 2006 model-year heavy-duty engine or with a 2007 model-year or newer heavy-duty engine certified to greater than 0.01 grams per brake horsepower-hour particulate emission standard, excluding low usage vehicles; low-population county, low usage vehicles; dedicated snow-removal vehicles; and gasoline fueled vehicles.
(12) "Utility" means a privately-owned company that provides the same or similar services for water, natural gas, and electricity as a public utility operated by a municipality.
(13) "Vehicle Type" means one of the following categories: "Compliant" for those vehicles that meet the requirements of section2022.1(b); "Future Compliant" for those vehicles for which the municipality or utility has a planned compliance date; "Retired" for those vehicles that will meet the definition of "retirement" at a planned retirement date; "Low Usage or Low-Population County Low Usage" for those vehicles that meet the applicable definitions in this section; and "Experimental" for those vehicles that are part of an experimental program and comply with the provisions of section2022.1(d)(5).
(14) "VIN stop" means a Department of Motor Vehicle's registration hold based on a vehicle identification number to prevent a vehicle from being re-registered in California after a vehicle is "retired."

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1 Gasoline vehicles that do not meet the best available control technology (BACT) requirements specified in title 13, California Code of Regulations, section 2022.1(b)(3) are excluded from the total fleet calculation.

Notes

Cal. Code Regs. Tit. 13, § 2022

Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39655, 39656, 39657, 39658, 39659, 39660, 39661, 39662, 39664, 39665, 39667, 39674, 39675, 43000, 43013, 43018, 43101, 43102, 43104, 43105 and 43700, Health and Safety Code.

1. New section filed 12-6-2006; operative 1-5-2007 (Register 2006, No. 49).
2. Amendment of subsections (a) and (b), new subsections (b)(2)-(3), (b)(7), (b)(9)-(10) and (b)(14), subsection renumbering and amendment of newly designated subsections (b)(8) and (b)(11) and Note filed 12-3-2009; operative 12-3-2009 pursuant to Government Code section 11343.4(c) with respect to all equipment other than street sweepers; operative with respect to street sweepers upon filing of proposed section 2025 (Register 2009, No. 49).

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