(d)
Definitions
For purposes of this regulation, the following definitions
apply:
(1) "2006
Baseline
Fleet" means diesel-fueled heavy-duty vehicles with a GVWR greater
than 26,000 lbs included in the scope of section
2025(b) that were
owned by a fleet and registered to operate in California on October 1, 2006
with the California Department of Motor Vehicles, or were owned by a fleet,
registered to operate on October 1, 2006 in a jurisdiction that is an
International Registration Plan member, and were driven at least 1,000 miles in
California in the calendar year 2006. A fleet
owner must include all vehicles
that fall within the
scope and applicability of section
2025(b) and must
exclude all vehicles that are exempt from the regulation in the exemptions
section
2025(c).
(2) "
2007 Model Year Emissions
Equivalent" means emissions from:
(A) An engine certified to the 2004 through
2006 model year heavy-duty diesel engine emissions standard that is equipped
with the highest level VDECS and reduces NOx emissions by at least 40 percent;
or
(B) An engine that was built to
the 2004 engine emission standard and was not used in any manufacturer's
averaging, banking, or trading program that is equipped with the highest level
VDECS and reduces NOx exhaust emissions by at least 40 percent; or
(C) An engine certified to the 2003 or prior
model year heavy-duty diesel engine emissions standard that is equipped with
the highest level VDECS and reduces NOx exhaust emissions by at least 70
percent; or
(D) An engine certified
to the 2007-2009 model year heavy-duty engine emissions standard and meets PM
BACT.
(3) "
2010
Model Year Emissions Equivalent Engine" means emissions from:
(A) An engine certified to the 2004 through
2006 model year heavy-duty diesel engine emissions standard that is equipped
with the highest level VDECS and reduces NOx emissions by at least 85 percent;
or
(B) An engine that was built to
the 2004 engine emission standard and was not used in any manufacturer's
averaging, banking, or trading program that is equipped with the highest level
VDECS and reduces NOx exhaust emissions by at least 85 percent; or
(C) An engine certified to the 2007 model
year heavy-duty diesel engine emissions standard that meets PM BACT and reduces
NOx exhaust emissions by more than 70 percent; or
(D) An engine certified to the 2010 model
year or newer heavy-duty diesel engine emissions standard that meets PM BACT;
or
(E) A heavy-duty engine
certified to 0.2 g/bhp-hr or less NOx emissions level and 0.01 g/bhp-hr or less
PM emissions level; or
(F) An
off-road engine certified to the Tier 4 Final engine emissions
standard.
(4)
"
Agricultural Operations" means:
(A) The activity of growing or harvesting
crops for the primary purpose of making a profit or providing a livelihood
including any horticultural, viticultural, aquacultural, forestry, dairy,
livestock, poultry, bee or farm product. Raising plants at nurseries that sell
exclusively retail are not included, or
(B) The cutting or removing of timber, other
solid wood products, including Christmas trees, and biomass from forestlands
for commercial purposes. The services also include all the work incidental
thereto, including but not limited to, construction and maintenance of roads,
fuel breaks, firebreaks, stream crossings, landings, skid trails, beds for
falling trees, fire hazard abatement, and site preparation that involves
disturbance of soil or burning of vegetation following forest removal
activities. Forest operations include the cutting or removal of trees, tops,
limbs and or brush which is processed into lumber and other wood products, and
or for landscaping materials, or biomass for electrical power generation.
Forest operations do not include conversion of forestlands to other land uses
such as residential or commercial developments.
(5) "
Agricultural Vehicle"
means a
vehicle that is eligible to utilize the requirements for agricultural
vehicles in section
2025(m) and meets
one of the definitions of (A) through (E) below.
(A) A
vehicle, or truck-
tractor and trailer
combination, owned by a farming business and used exclusively in one or more of
the following ways:
1. in agricultural
operations;
2. to transport
harvested farm products to the first point of processing;
3. to directly support farming or forestry
operations, which may include supply trucks, cattle trucks, and other vehicles
but does not include vehicles that do not directly support farming operations
such as personal use vehicles, vehicles rented or leased to others for
non-agricultural uses that do not qualify, or vehicles used in a transportation
business other than to transport harvested farm products to the first point of
processing.
(B) A
vehicle, or truck-tractor and trailer combination, owned by a bee keeping
business and used exclusively to transport their own bees or honey to the first
point of processing.
(C) A truck,
or a truck-
tractor and trailer combination, that is required to display a
hazardous material placard during delivery and exclusively delivers fertilizer
or crop protection chemicals that require placard identification for use in
agricultural operations from a distribution center to a farm and back, and is
owned by a business holding a valid fertilizer or pest control license.
1. Owners of such vehicles must hold:
a. a valid pest control dealer license issued
by the California Department of Pesticide Regulation as required under Food
& Agricultural Code, Division 6, Chapter 7, Article 6, Section 12101;
or
b. a valid fertilizing materials
license issued by the California Department of Food and Agriculture as required
under Food & Agricultural Code, Division 7, Chapter 5, Article 4, Section
14591(a).
2. Such
vehicles must exclusively carry products defined under one of the following,
and be required to display an appropriate placard, as required by the United
States Department of Transportation:
a. 49
CFR, CHAPTER 1, PART 173.127 (Division 5.1); or
b. 49 CFR, CHAPTER 1, PART 173.132 (Division
6.1); or
c. 49 CFR, CHAPTER 1, PART
173.115 Class 2, (Division 2.1, 2.2, and 2.3); or
d. 49 CFR, CHAPTER 1, PART 173.136
Class 8;
or
e. 49 CFR, CHAPTER 1, PART
173.140 Class 9.
(D) A truck, or truck-tractor and trailer
combination, designed for in-field operations, that is exclusively engaged in
agricultural operations on the farm. Examples include truck configurations
designed to spread manure, dispense hay, and dispense freestall bedding. It
also includes water trucks and trucks designed or modified to be used
exclusively for the dusting, spraying, fertilizing, or seeding of crops. Except
as allowed in (A) above, trucks, or truck-tractor and trailer combinations that
transport any products, materials, personnel, or equipment are
excluded.
(E) A truck, or
truck-tractor and trailer combination, including yard trucks, that exclusively
transports any unprocessed horticultural, viticultural, aquacultural, forestry,
dairy, livestock, poultry, bee or farm products such as raw, unprocessed crops,
livestock, fish, or fowl between the farm and where the first point of
processing occurs after harvest. Also included are trucks that are used to
harvest crops for silage, and trucks that transport unprocessed agricultural
materials from forest or farm to a biomass facility.
(6) "
Alternative Diesel
Fuel" means any fuel used in diesel engines that is not a reformulated
diesel fuel as defined in sections
of title
132281 and
2282 of title 13, CCR, and does
not require engine or fuel system modifications for the engine to operate,
other than minor modifications (e.g., recalibration of the engine fuel control)
that may enhance performance. Examples of alternative diesel fuels include, but
are not limited to, biodiesel, Fischer-Tropsch fuels, and emulsions of water in
diesel fuel. Natural gas is not an alternative diesel fuel. An emission control
strategy using a fuel additive will be treated as an alternative diesel fuel
based strategy unless:
(A) the additive is
supplied to the engine fuel by an on-board dosing mechanism; or
(B) the additive is directly mixed into the
base fuel inside the fuel tank of the engine; or
(C) the additive and base fuel are not mixed
until engine fueling commences, and no more additive plus base fuel combination
is mixed than required for a single fueling of a single engine or
vehicle.
(7)
"
Alternative Fuel" means natural gas, propane, ethanol,
methanol, hydrogen, electricity, fuel cells, or advanced technologies that do
not rely on diesel fuel. "Alternative fuel" also means any of these fuels used
in combination with each other or in combination with other non-diesel
fuels.
(8)
"Alternative-Fueled Engine" means an engine that is
exclusively fueled with a fuel meeting the definition of alternative
fuel.
(9) "Authorized
Emergency Vehicle" has the same meaning as California Vehicle Code
section
165.
(10) "California Based
Broker" means a person, with operations based in California, who, for
compensation, arranges or offers to arrange the transportation of property by
an authorized motor carrier. A motor carrier, or person who is an employee or
bona fide agent of a carrier, is not a broker when it arranges or offers to
arrange the transportation of shipments which it is authorized to transport and
which it has accepted and legally bound itself to transport.
(11) "Commercial Vehicle"
means a motor vehicle or combination of motor vehicles as defined in California
Veh. Code, section 260.
(12)
"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 even if their title is held by different business
entities. Common ownership or control of a federal government vehicle shall be
the primary responsibility of the unit that is directly responsible for its day
to day operational control.
(13)
"Compliance Year" means January 1 through December 31 of a
calendar year.
(14)
"Compression Ignition Engine" means an internal combustion
engine with operating characteristics significantly similar to the theoretical
diesel combustion cycle. The regulation of power by controlling fuel supply in
lieu of a throttle is indicative of a compression ignition engine.
(15) "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 remove
snow from public roads, private roads, or other paths to allow on-road vehicle
access.
(16) "
Diesel
Fuel" has the same meaning as defined in title 13, CCR, sections
2281 and
2282.
(17) "Diesel Particulate
Filter" means an emission control technology that reduces diesel
particulate matter emissions by directing the exhaust through a filter that
physically captures particles but permits gases to flow through. Periodically,
the collected particles are either physically removed or oxidized (burned off)
in a process called regeneration.
(18) "Diesel Particulate Matter
(PM)" means the particles found in the exhaust of diesel-fueled
compression ignition engines. Diesel PM may agglomerate and adsorb other
species to form structures of complex physical and chemical
properties.
(19) "
Drayage
Truck" is the same as defined in title 13, CCR, section
2027.
(20) "Dual-Fuel Engine"
means any compression ignition engine that is engineered and designed to
operate on a combination of alternative fuels, such as compressed natural gas
(CNG) or liquefied petroleum gas (LPG) and diesel fuel or an alternative diesel
fuel. These engines have two separate fuel systems, which inject both fuels
simultaneously into the engine combustion chamber. A dual-fuel engine is not an
alternative-fuel engine.
(21)
"
Electronic Tracking System"
(A) The tracking device must acquire date,
time, and engine-on data at a minimum of 15 minute intervals, with no more than
30 minute data gaps. The tracking device must also acquire location data for
vehicles claiming to operate exclusively in NOx-exempt areas and for vehicles
that must document low-use in California when their total miles of operation
exceed 1,000 miles and total hours of operation exceed 100 hours.
(B) The tracking records must be collected by
an independent entity with no business relationship to the owners of the
vehicles being tracked, other than to provide the tracking
service.
(22)
"Emergency Operation" means operation of an authorized
emergency vehicle or emergency support vehicle to help alleviate an immediate
threat to public health or safety. Examples of emergency operation include
vehicle used at an emergency event to repair or prevent damage to roads,
buildings, terrain, and infrastructure as a result of an earthquake, flood,
storm, fire, terrorism, or other infrequent acts of nature. Emergency operation
includes authorized emergency vehicle and emergency support vehicle travel to
and from an emergency event when dispatched by a local, state, or federal
agency. Routine operation to prevent public health risks does not constitute
emergency operation.
(23)
"Emergency Support Vehicle" means a vehicle, other than an
authorized emergency vehicle that has been dispatched by a local, state, or
federal agency that is used to provide transport services or supplies in
connection with an emergency operation.
(24) "
Executive Officer"
means the Executive Officer of the ARB or his or her authorized
representative.
(25)
"
Farm" means a physical location for which the primary purpose
is making a profit or providing a livelihood from:
(A) horticultural, viticultural,
aquacultural, forestry or crops or plants that are grown and harvested at the
location, (nurseries that sell exclusively retail are not farms); or
(B) raising, breeding, grazing, feeding, or
milking animals, fish, fowl, or bees.
(26) "Farming Business"
means a business involved exclusively in the cultivating, operating, or
managing a farm for profit, or a business contracted to harvest trees in a
forest for profit. A farming business does not include businesses that derive
their principal source of income from providing agricultural services such as,
landscape services, veterinary, farm labor, or management for a fee or on a
contract basis, or are engaged in the business of artificial insemination,
raising, and caring for dogs, cats, or other pet animals.
(27) "First Point of
Processing" means the location where harvested crops, bees, fowl,
fish, livestock, animals, or their products, such as wool, milk, or eggs, are
first altered from their original state, or the first location where unaltered
products are packaged and prepared for transportation. First point of
processing is not a location of the product's final use and for some crops the
location may be in the field, such as chipping wood. First point of processing
also includes biomass facilities that receive agricultural waste in the form of
unprocessed agricultural materials. A first point of processing may include,
but is not limited to, packinghouses, slaughterhouses, cotton gins, nut
hullers/shellers and processors, dehydrators, lumber mills, feed and grain
mills, and biomass facilities. First point of processing does not include
distribution centers, wholesale retail sales locations where the first
processing of product does not occur, livestock auction houses, and subsequent
locations where processing, canning, or similar activities occur after
departing a first point of processing location.
(28) "
Fleet" means one or
more vehicles, owned by a person, business, or government
agency traveling in
California and subject to this regulation. A fleet may fall into one of the
following subclassifications:
(A)
"Federal Fleet" means a fleet of vehicles owned by a
department, agency, or instrumentality of the federal government of the United
States of America and its departments, divisions, public corporations, or
public agencies including the United States Postal Service. With respect to the
Department of Defense and its service branches, federal fleets may be managed
regionally, locally, or a combination of regional and local management. There
may be multiple federal fleets within a military service or an installation;
or
(B) "Rental or Leased
Fleet" means a fleet of vehicles owned by a person (rental or leasing
entity) for the purpose of renting or leasing, as defined in California Uniform
Commercial Code, section
10103(a)(10)
such vehicles to other persons (renters or lessees) for use or
operation.
(29)
"Fleet Owner" means, except as modified below in paragraphs
(A) and (B), either the person registered as the
owner or lessee of a
vehicle
by the California Department of Motor Vehicles (DMV), or its equivalent in
another state, province, or country; as evidenced on the
vehicle registration
document carried in the
vehicle.
(A) For
vehicles that are owned by the federal government and not registered in any
state or local jurisdiction, the owner shall be the department, agency, branch,
or other entity of the United States, including the United States Postal
Service, to which the vehicles in the fleet are assigned or which have
responsibility for maintenance of the vehicles.
(B) For vehicles that are rented or leased:
1. The
owner shall be presumed to be the
rental or leasing entity for purposes of compliance with section
2025(e), if:
a. The rental or lease agreement for the
vehicle is for a period of less than one year; or
b. The rental or lease agreement for the
vehicle is for a period of one year or longer, unless the terms of the rental
or lease agreement or other equally reliable evidence identifies the party
responsible for compliance with state laws for the vehicle to be the renting
operator or lessee of the vehicle.
2. For purpose of enforcement, if the vehicle
is inspected and cited for noncompliance with this regulation and neither the
operator of the vehicle nor the rental or leasing entity can produce evidence
of the party responsible for compliance with state laws, the owner shall be
presumed to be both the rental or leasing entity and the renting operator or
lessee of the vehicle.
(30)
"Fleet Size" means the
total number of diesel vehicles with a GVWR greater than 14,000 lbs in a fleet,
regardless of whether the vehicles operate in California, that are under common
ownership or control even if they are part of different subsidiaries,
divisions, or other organizational structures of a company or agency.
(31) "Fuel Efficient Hybrid
Vehicle" means a vehicle with an onboard energy storage system that
improves the average fuel economy of the vehicle by at least 20 percent
compared to a conventional diesel vehicle of the same model year and
configuration. The vehicle must have a combination of an engine and onboard
energy storage system that provides motive power for accelerating the vehicle,
regenerative braking, or operates auxiliary equipment while stationary, such as
a boom, auger, or drill rig. The energy storage system can be electric,
hydraulic, pneumatic or of any other type that recovers its energy directly or
indirectly from the engine. In addition, the onboard energy storage system of
the hybrid vehicle can have the capability to supplement its energy from an
external power source.
(32)
"Governmental Agency" means any federal, state, or local
governmental agency, including, public schools, water districts, or any other
public entity with taxing authority.
(33) "Gross Vehicle Weight Rating
(GVWR)" is as defined in Vehicle Code Section
350.
(34) "
Heavy-Duty Pilot Ignition
Engine" means an engine designed to operate using an alternative fuel,
except that diesel fuel is used for pilot ignition at an average ratio of no
more than one part diesel fuel to ten parts total fuel on an energy equivalent
basis. An engine that can operate or idle solely on diesel fuel at any time
does not meet this definition.
(35)
"
Highest Level VDECS" means the highest
level VDECS
verified
by ARB under its Verification Procedure, Warranty and In-Use Compliance
Requirements for In-Use Strategies to Control Emissions from Diesel Engines
(Verification Procedure), title 13, CCR, sections
2700-2710, for a specific
engine as of 10 months prior to the compliance date, which the diesel
emission-control strategy
manufacturer and authorized diesel emission-control
strategy dealer agree can be used on a specific engine and
vehicle combination
without jeopardizing the original engine warranty in effect at the time of
application.
(A) The highest level VDECS is
determined solely on verified diesel PM reductions. Plus designations do not
affect the diesel PM level assigned to a VDECS; that is, a Level 3 Plus is the
same diesel PM level as Level 3.
(B) A Level 2 VDECS shall not be considered
the highest level VDECS as long as a Level 3 VDECS can be retrofitted on a
vehicle in the fleet.
(C) Level 1
devices are never considered highest level VDECS for the purpose of this
regulation.
(36)
"Historic Vehicle" means a vehicle that meets the
qualifications for a historical vehicle and has been issued a historical
vehicle license plate pursuant to the California Veh. Code, section 5004, and
is operated or moved over the highway primarily for the purpose of historical
exhibition or other historic vehicle club activities.
(37) "Hubodometer" means a
non-resettable device mounted on the axle of a vehicle that measures distance
traveled that has a serial number and a lock-out feature that permanently
prevents tampering.
(38)
"International Registration Plan (IRP)" is a registration
reciprocity agreement among states of the United States and provinces of Canada
providing for payment of license fees on the basis of total distance operated
in all jurisdictions.
(39)
"Log Truck" means a heavy-duty vehicle with a manufacturer's
GVWR greater than 33,000 lbs and has log bunks permanently attached that
exclusively transports logs.
(40)
"
Low-Mileage Construction Truck" means a
vehicle that meets
the definition in (A) or (B) as follows:
(A) A
dump truck with a GVWR greater than 26,000 lbs that operates less than 20,000
miles per calendar year and is designed to transport construction materials
such as dirt, asphalt, rock or construction debris including a transfer truck,
or a tractor trailer combination used exclusively to pull bottom dump, end dump
or side dump trailers, or
(B) A
truck with a GVWR greater than 26,000 lbs that travels less than 15,000 miles
per calendar year and is a concrete mixer truck, truck with a concrete placing
boom, a water tank truck, a single engine crane with a load rating of 35 tons
or more, a tractor that exclusively pulls a low-boy trailer, or a truck owned
by a company that holds a valid license issued by the California Contractors
State License Board.
(41)
"Low-use Vehicle" means a vehicle that will be operated fewer
than 1,000 miles in California in any compliance year. If that vehicle has an
engine that powers other equipment that can only be used while stationary, the
engine or power take off (PTO) must also operate less than 100 hours in any
compliance year. The hour limitation does not apply for vehicles where the
engine is used to power an auxiliary mechanism that strictly loads and unloads
cargo from the vehicle (examples include, but are not limited to, dump trucks,
cement powder trucks, or trucks with attached lift devices).
(42) "Motor Carrier" is the
same as defined in California Veh. Code section 408 for fleets other than those
that are comprised entirely of school buses, which for the purposes of this
regulation, means the registered owner, lessee, licensee, school district
superintendent, or bailee of any school bus, who operates or directs the
operation of any such bus on either a for-hire or not-for-hire basis.
(43) "Motor Home" means a
single vehicular unit designed for human habitation for recreational or
emergency occupancy and built on, or permanently attached to, a self-propelled
motor vehicle chassis, chassis cab, or van, which becomes an integral part of
the completed vehicle or a vehicle that exclusively tows a trailer that was
originally designed for human habitation for recreational or emergency
occupancy.
(44) "New
Fleet" means a fleet that is acquired or that enters California after
January 1, 2012. Such fleets may include new businesses or out-of-state
businesses that bring vehicles into California for the first time after January
1, 2012.
(45)
"Non-Commercial Use" means any use or activity where a fee is
not charged and the purpose is not the sale of a good or service, and the use
or activity is not intended to produce a profit.
(46) "
NOx Exempt Areas" are
the following counties -- Alpine, Colusa, Del Norte, Glenn, Humboldt, Lake,
Lassen, Mendocino, Modoc, Monterey, Northern Sonoma (as defined in title 17,
CCR section
60100(e), Plumas, San Benito, San Luis Obispo, Santa Barbara, Santa
Cruz, Shasta, Sierra, Siskiyou, Trinity, Tehama, and Yuba.
(47) "Person" means an
individual, corporation, business trust, estate, trust, partnership, Limited
Liability Company, association, joint venture, government, governmental
subdivision, agency, or instrumentality, public corporation, or any other legal
or commercial entity.
(48)
"PM BACT" means the technology employed on the highest level
VDECS for PM or an engine that is equipped with an original equipment
manufacturer (OEM) diesel particulate filter and certified to meet the 0.01
g/bhp-hr certification standard.
(49) "Registered and Driven Safely
On-Road" means a vehicle that meets the requirements to be registered
for on-road operation in California Veh. Code division 3, chap. 1, article 1,
section 4000 et seq. (i.e., required to be registered or could be registered),
and the requirements to be driven safely on-road in "Equipment of Vehicles"
requirements in Veh. Code division 12, chap. 1, sections 24000 et seq. and
"Size, Weight, and Load" requirements in Veh. Code division 15, sections 35000
et seq, or a vehicle defined as an implement of husbandry as defined in
California Veh. Code division 16, chap. 1, section 36000 et seq.
(50) "Repower" means to
replace the engine in a vehicle with a newer engine certified to lower emission
standards for PM or NOx or both as applicable.
(51) "
Responsible Official"
means one of the following:
(A) For a
corporation: A president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function, their delegate,
designee, or any other person who performs similar policy or decision-making
functions for the corporation;
(B)
For a partnership or sole proprietorship: a general partner or the proprietor,
respectively;
(C) For a
municipality, state, federal, or other governmental agency: either a principal
executive officer or ranking elected official. For the purposes of this part, a
principal executive officer of a federal agency includes the chief executive
officer having responsibility for the overall operations of a principal
geographic unit of the agency (e.g., a Regional Administrator of the U.S. EPA).
For the purposes of the Department of Defense Military Services, a commanding
officer of an installation, base or tenant organization.
(52) "San Joaquin Valley Air
Basin" includes the entire counties of San Joaquin, Stanislaus,
Merced, Madera, Fresno, Tulare, and Kings and western part of Kern County as
described starting page 23888 of the Federal Register Vol. 69, No.
84.
(53) "School
Bus" is a motor vehicle as defined in California Veh. Code, section
545.
(54) "
Specialty
Agricultural Vehicle" means an agricultural
vehicle having one of the
following body types and has been approved for the exemption in section
2025(m)(11) by
the
Executive Officer:
(A) A truck, or a
truck-tractor and trailer combination, designed or modified to be used
exclusively for the fueling, repairing, or loading of an airplane or helicopter
used for the dusting, spraying, fertilizing, or seeding of crops; or
(B) A truck, or a truck tractor and trailer
combination, that is equipped with a self-loading bed and is designed and used
exclusively to transport field manufactured cotton modules to a cotton gin;
or
(C) A truck equipped with a
water tank owned by a farmer, not operated for compensation, and used
exclusively in agricultural operations to provide dust suppression on dirt
roads providing access to agricultural fields and for the transportation of
water for crop or tree irrigation or for livestock; or
(D) A feed truck or mixer-feed truck
specially designed for dispensing feed to livestock. It does not include trucks
designed to supply storage silos with feed.
(E) A truck with a self-loading bed designed
to be used in the process of harvesting lettuce. This type of vehicle is
commonly referred to as a Fabco truck.
(55) "
Three Day Pass" means
a once-a-year temporary permit to operate a
vehicle in California for three
consecutive days without meeting the requirements of section
2025(e).
(56) "
Tier 0 Engine" means
an engine not subject to the requirements in title 13, CCR, section
2423; Title 40, Code of Federal
Regulations (CFR), Part 89; or Title 40, CFR, Part 1039.
(57) "
Tier 4 Final Engine"
means an engine subject to the final aftertreatment-based Tier 4 emission
standards in title 13, CCR, section
2423(b)(1)(B)
and/or Title 40, CFR, Part 1039.101 . This also includes engines certified
under the averaging, banking, and trading program with respect to the Tier 4
FEL listed in title 13, CCR, section
2423(b)(2)(B)
and/or Title 40, CFR, Part 1039.101
(58) "Two-Engine Sweeper"
means an on-road heavy-duty vehicle with a manufacturers GVWR greater than
14,000 lbs, used for the express purpose of removing material from road or
other 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 two-engine street sweeper has an engine to propel the vehicle and
an auxiliary engine to power the broom or vacuum.
(59) "Private Utility
Vehicle" means a vehicle owned by a privately-owned or publicly held
company or corporation that provides the same or similar services for water,
natural gas, and electricity as a public utility operated by a
municipality.
(60)
"
Verified Diesel Emission Control Strategy" (VDECS) means an
emissions control strategy, designed primarily for the reduction of diesel PM
emissions, which has been verified pursuant to the Verification Procedures.
VDECS can be verified to achieve Level 1 diesel PM reductions (25 percent),
Level 2 diesel PM reductions (50 percent), or Level 3 diesel PM reductions (85
percent). VDECS may also be verified to achieve NOx reductions. See also
definition of highest level VDECS.
(61) "VDECS Failure" means
the condition of not achieving the emissions reductions to which the VDECS is
verified. Such condition could be due to inappropriate installation, damage, or
deterioration during use. If a Level 3 VDECS is emitting visible smoke, it is
assumed to have failed.
(62)
"Yard Truck" means a vehicle, with an on-road or off-road
engine and a hydraulically elevated fifth wheel, that is used in moving and
spotting trailers and containers at locations or facilities. Yard trucks are
also known as yard goats, hostlers, yard dogs, trailer spotters, or
jockeys.
(r)
Reporting Requirements
(1) The
owner of a fleet is subject to
reporting requirements for the vehicles in the fleet as defined in section
2025(d)(28) if
the
owner has elected to utilize the compliance options of section
2025(f)(4),
2025(g)(3),
2025(g)(4),
2025(h),
2025(i), the
credits of section
2025(j), the
agricultural provisions of section
2025(m), the
single-engine and two-engine street sweeper provisions of section
2025(n), the
extension or exemptions for vehicles used exclusively in NOx exempt areas of
section
2025(p)(1), or
the extension for low-mileage construction trucks of section
2025(p)(2). Fleet
owners that use the credit for fleets that have downsized provided in section
2025(j)(1) and
the credit for the early addition of newer vehicles provided in section
2025(j)(3) must
report information for all vehicles under common ownership or control with a
GVWR greater than 26,000 lbs in the 2006 baseline fleet and in the fleet for
each compliance year. Except as required in section
2025(k)(4),
school buses are not required to comply with the reporting
requirements.
(2) All fleet owners
utilizing any of the credits in section
2025(j) or any of
the exemptions, delays, or extensions in section
2025(p) must
report according to the requirements of section
2025(r) and
maintain records according to section
2025(s) for all
of the vehicles in the fleet as defined in section
2025(d)(28).
(3) The
owner of a fleet that complies by
using the compliance schedule by engine
model year set forth in sections
2025(f) and
2025(g) and also
utilizes the low-use
vehicle provision of section
2025(p)(4) is
only required to meet the reporting requirements of section
2025(r) for the
low-use vehicles meeting the definition in section
2025(d)(41).
(4) Fleet owners may submit reporting
information using forms (paper or electronic) approved by the Executive
Officer.
(5) The fleet
owner must
notify the
Executive Officer in writing by the first applicable reporting date
and by January 31 of every subsequent compliance year, if applicable, with the
name of the responsible official and the location where the records will be
kept, and whether any information has changed since its last reporting. Whether
the records will be kept inside or outside California, the
owner must also
comply with section
2025(t).
(6) Each year, fleet owners subject to the
reporting requirement must report on their fleet as it was on the compliance
date of the current compliance year. The fleet
owner must submit the applicable
information set forth in sections
2025(r)(5) through
(10) by January 31 of each compliance year.
Owners must report annually until the year after all of the requirements of
section
2025(f),
2025(g),
2025(h), and
2025(i), as
applicable to the fleet, have been completely met.
(7)
Owner Contact
Information: Compliance reports must include the following
information:
(A) Fleet owner's name;
(B) Name of company or agency;
(C) Motor carrier identification
number;
(D) Corporate parent name
(if applicable);
(E) Corporate
parent taxpayer identification number (if applicable);
(F) Company taxpayer identification
number;
(G) Street address and
mailing address;
(H) Name of
responsible person;
(I) Title of
responsible person;
(J) Contact
name;
(K) Contact telephone
number;
(L) Contact email address
(if available); and
(M) License
number issued by the Public Utilities Commission (if
applicable).
(8)
Vehicle Information
Fleet owners must provide to the Executive Officer a list
of all vehicles subject to the reporting requirements along with the
information listed in (A) through (S) below for each vehicle:
(A) Vehicle identification number;
(B) Vehicle manufacturer;
(C) Vehicle model;
(D) Gross vehicle weight rating;
(E) Vehicle model year;
(F) License plate number;
(G) The state, province, or country where the
vehicle is or was registered and type of registration plate;
(H) Vehicle type, including whether the
vehicle is a school bus, agricultural vehicle, log truck, truck-tractor,
two-engine sweeper, low-mileage construction truck or yard truck;
(I) If the vehicle was added to the fleet
prior to January 1, 2012, the fleet owner may enter "January 1, 2012;
(J) Date that a vehicle was retired, sold, or
scrapped after January 1, 2012;
(K)
Whether the
vehicle will be designated as a low-use
vehicle as defined in
section
2025(d)(41);
(L) Whether the vehicle has been certified as
non-operational with the California Department of Motor Vehicles or equivalent
documentation from the state, province, or country where the vehicle is
registered and whether the vehicle will not operate in California.
(M) Whether the
vehicle is a fuel efficient
hybrid
vehicle as defined in section
2025(d)(31);
(N) Whether the
vehicle is propelled by an
alternative-fueled engine as defined in section
2025(d)(8);
(O) Whether the
vehicle will use the
extension or exemptions for vehicles used exclusively in NOx Exempt Areas in
section
2025(p)(1);
(P) Whether the fleetsize is more than three
vehicles subject to the regulation with a GVWR greater than 14,000
lbs;
(Q) Whether the
vehicle is a
log truck utilizing the optional phase-in for Log Trucks provision in section
2025(m)(12);
(R) Whether the
vehicle is a low-mileage
construction truck that will use the extension for low-mileage construction
trucks specified in section
2025(p)(2);
and
(S) Whether the
vehicle was
partially paid for with public funds, and if so, the information about the
funding contract specified in section
2025(r)(18).
(9)
Engine Information
Reporting
Except as provided in section
2025(r)(13)(A)
and 2025(r)(19)
below, the following information for each engine that propels a vehicle
reported per section
2025(r)(8) and
for each sweeper engine that operates auxiliary equipment must be reported to
the Executive Officer:
(A) Engine
manufacturer;
(B) Engine
model;
(C) Engine family for all
1974 model year and newer engines;
(D) Fuel type;
(E) Engine model year;
(F) Whether the engine meets an on-road or
off-road emissions standard;
(G)
Whether the engine is used to propel the vehicle or to operate auxiliary
equipment;
(H) The emissions
standard to which the engine was certified if lower than required for the
engine model year; and
(I) Whether
the engine was partially paid for with public funds, and if so, the information
about the funding contract specified in section
2025(r)(18).
(10)
Verified Diesel Emission Control
Strategies Reporting
Except as provided in section
2025(r)(13)(A)
below, for each VDECS that is installed on an engine listed per section
2025(r)(9), the
fleet owner must report the following information to the Executive
Officer:
(A) Description of VDECS
installed;
(B) VDECS family
name;
(C) Serial number, or
experimental part number, or aftermarket part number;
(D) Date installed;
(E) If claiming early PM retrofit credits of
section
2025(j)(2)(A) and
the VDECS is installed between July 1, 2011 and October 1, 2011, the fleet
owner must attest to having records to document the purchase agreement and down
payment for the VDECS by May 1, 2011;
(F) Whether the VDECS was partially paid for
with public funds and the information in 2025(r)(18) if partially paid for with
public funds; and
(G) Whether the
VDECS was installed on the engine to comply with another California in-use
regulation.
(11)
Reporting for Extension for Unavailability of Highest Level
VDECS
If appropriate, the following information must be submitted
to the Executive Officer with a request for an extension based on the
unavailability of highest level VDECS:
(A) Owner contact information,
vehicle, and
engine information listed in sections
2025(r)(7),
2025(r)(8), and
2025(r)(9);
(B) Description of the reason for the
compliance extension request for each engine or engine-vehicle
combination;
(C) If the VDECS would
void the engine warranty, provide a statement from the engine manufacturer or
authorized engine or vehicle dealer;
(D) If a verified VDECS is commercially
available for the engine family, provide a list of manufacturers and installers
that have been contacted and the response to a request to purchase;
and
(E) Documentation must be
submitted with the initial request and must be reported annually on January 31
following the compliance deadline for each year that the owner is claiming
non-availability of the highest VDECS.
(12)
Low-Use Vehicle
Reporting
For vehicles that are designated as low-use, the fleet
owner must report the following information to the Executive Officer annually
for as long as the fleet owns or operates the vehicle:
(A) Owner,
vehicle, and engine information
identified in sections
2025(r)(5)
through
2025(r)(9);
(B) Mileage readings from a properly
functioning odometer or hubodometer taken on January 1 and December 31 of the
compliance year. A hubodometer may be used in lieu of the odometer;
(C) If the vehicle uses engine power as
specified in 2025(d)(41), hour-meter readings from a properly functioning
non-resettable hour-meter taken on January 1 and December 31 of the compliance
year;
(D) The dates and readings of
the odometer and non-resettable hour-meter readings. In the event that the
odometer is replaced, the original odometer reading and the new odometer
reading and the date of replacement must be reported within 30 days the
original odometer failed. In the event that the odometer or hubodometer is
removed, the reading and date it is removed and the reading of the replacement
and the date it is placed in service. If hubodometers are used, the fleet owner
must report the serial numbers;
(E)
Upon request of an agent or employee of the ARB, the
owner of a
vehicle
operating both inside and outside of California must provide records from a
electronic tracking system as defined in section
2025(d)(21) that
can acquire date, time, engine-on, and location data. The
owner may use other
documentation of
vehicle operation and location, such as IRP records;
(F) Whether the
vehicle is used as an
emergency support
vehicle as defined in section
2025(d)(23); and,
if so, the fleet
owner must report the information in section
2025(r)(15);
and
(G) Whether a planned
non-operation certificate has been filed with the DMV or, an equivalent
certificate has been filed with another state prior to the beginning of the
compliance year, and whether the vehicle will not be operated in the compliance
year.
(13)
Credit
for Fleets that have Downsized or Added Newer Vehicles Early Reporting
Fleets owners claiming credits under section
2025(j) must
report the following:
(A) Fleet owners
claiming credit for downsizing must report the following:
1. For the vehicles in the 2006 baseline
fleet,
vehicle information specified in section
2025(r)(8)(A) to
2025(r)(8)(G),
and if the
vehicle was not registered with the California Department of Motor
Vehicles, identify the type of records that are being kept to document proof
that the vehicles drove at least 1,000 miles in California in the year 2006.
Fleets that include street sweepers with a GVWR from 14,001 to 26,000 lbs for
determining the credit, must identify that the
vehicle is a street
sweeper.
2. For the compliance
year, whether the fleet has drayage trucks, on-road vehicles subject to the
off-road in-use vehicle regulation, and information about how many are
currently in the fleet. Fleets that include street sweepers with a GVWR from
14,001 to 26,000 lbs for determining the credit, must identify that the vehicle
is a street sweeper.
(B)
For the 2006 baseline fleet, a fleet
owner that claims credits for adding
cleaner vehicles as specified in section
2025(j)(3) must
report the
vehicle information in section
2025(r)(13)(A)
above and the engine
model year, and engine family for all the vehicles in the
fleet as of January 1, 2012. The fleet
owner has the option to report the
engine information for vehicles that are no longer in the fleet if the fleet
owner has records to document the engine
model year and engine
family.
(14)
Agricultural Fleet Reporting
Until January 1, 2023, fleet owners that reported as of
April 29, 2011, and qualified for the provisions of section
2025(m), must
continue to report the following information to the Executive Officer no later
than January 31 of every year:
(A) For
vehicles in the existing fleet, the information required in sections
2025(r)(5)
through
2025(r)(9); for
vehicles that were in the fleet on January 1, 2009, but are no longer part of
the existing fleet, only the
vehicle information in section
2025(r)(8) (A) to
(G) is required;
(B) Whether the vehicle is a specialty
agricultural vehicle or a log truck;
(C) Whether the vehicle is being added or
removed from the fleet and the date that the vehicle is added or
removed;
(D) The
vehicle body type
if one of the body types described in the definition of specialty agricultural
vehicle in section
2025(d)(54);
(E) If eligible to be considered for the
specialty vehicle exemption, the priority status of the vehicle in case not all
specialty vehicles in the fleet can be approved;
(F) Whether the specialty vehicle will
operate exclusively outside the San Joaquin Valley Air Basin;
(G) Whether the vehicle is operated for
compensation outside a farming business owner's farm;
(H) Except for specialty agricultural
vehicles, mileage from a properly functioning odometer taken on January 1, 2011
and every January 1 thereafter. In the event that the odometer is replaced, the
fleet owner shall report the original odometer reading, the new odometer
reading, and the date the original odometer was replaced. If a hubodometer is
used in lieu of the odometer, the fleet owner must also report the serial
number for each hubodometer used or replaced; and
(I) For an agricultural
vehicle being
replaced, the
owner,
vehicle, and engine information set forth in sections
2025(r)(5)
through
2025(r)(9), the
mileage of both the
vehicle being replaced and added, and the date the mileage
readings were taken.
(15)
Vehicles used as emergency support vehicles in emergency
operations
A fleet owner must provide the following information to the
Executive Officer to qualify a vehicle's usage as emergency operation:
(A) Owner,
vehicle, and engine information
identified in sections
2025(r)(5)
through
2025(r)(9);
(B) Odometer readings from a properly
functioning odometer to document use at an emergency event and to document
travel to and from the emergency event. In the event that the odometer is
replaced, the fleet
owner shall report the original odometer reading and the
new odometer reading and the date that the original odometer was replaced. If a
hubodometer is used in lieu of an odometer, the fleet
owner must also report
the serial number for each hubodometer used or replaced. Vehicles used
exclusively for emergency use that are not authorized emergency vehicles do not
need to have an hour meter and do not need to report hours. Authorized
emergency vehicles are exempt per section
2025(c);
and
(C) Records to document
dispatch by the local, state, or federal agency or other responsible emergency
management entity as approved by the Executive Officer.
(16)
Reporting of Vehicles Utilizing
the Exemptions, Delays, and Extensions Provision
Unless stated otherwise in section
2025(p), fleet
owners utilizing the exemptions, delays, and extensions provision of section
2025(p) must
provide the following information to the Executive Officer by January 31,
2012:
(A) Vehicles Operating
Exclusively in NOx-exempt areas
The owner must provide the following information to the
Executive Officer by January 31 of each compliance year to demonstrate
compliance with the requirements of section
2025(p)(1):
1. Owner,
vehicle, engine information, and
VDECS listed in sections
2025(r)(5)
through
2025(r)(10);
2. For vehicles that are not labeled, records
from an electronic tracking system that tracks usage and location in a monthly
report format approved by ARB. The system must at a minimum meet the
requirements as defined in section
2025(d)(21) and
provide the information listed therein; and
3. Whether the
vehicle is labeled as
specified in section
2025(p)(1)(C).
(B) Unique
Vehicle Extension.
The owner must provide the following information to the
Executive Officer by January 31 of each compliance year to demonstrate
compliance with the requirements of section
2025(p)(3):
1. Owner,
vehicle, and engine information
listed in sections
2025(r)(5)
through
2025(r)(9).
2. Photos and a complete description of the
vehicle and its function.
3. A
complete explanation of why the vehicle qualifies as a unique
vehicle.
4. Names and phone numbers
of sources contacted during the search for a replacement vehicle.
5. Letters from contacted VDECS vendors
stating that retrofit technology is unavailable for the unique
vehicle.
(17)
Two-Engine Sweepers
The owner must provide the following information for both
the propulsion and auxiliary engine to the Executive Officer by March 31, 2010,
and January 1 of subsequent compliance years to demonstrate compliance with the
requirements of section
2025(n):
(A) Owner,
vehicle, and engine information
listed in sections
2025(r)(5)
through
2025(r)(10);
(B) Engine tier level of the auxiliary
engine, model year, and engine family number; and
(C) For Tier 0 auxiliary engines, the hours
of use readings taken January 1 and December 31 of each year starting
2010.
(18)
Vehicles Purchased, Repowered, or Retrofitted Using Public
Funds
For owners of vehicles that were purchased, repowered or
retrofitted using public funds and where funding program guidelines include
criteria which limit funding projects from receiving regulatory benefit or
credit, the fleet owner must provide the following information to the Executive
Officer for all vehicles that were purchased or retrofitted using public
funds:
(A) Owner,
vehicle, and engine
information listed in sections
2025(r)(5)
through
2025(r)(10);
(B) Date the public funding contract
began;
(C) Date the contractor
emissions surplus contract period ends or ended;
(D) Program providing the funding;
and
(E) Information about the
contract terms to determine eligibility.
(19)
Claiming a Three Day
Pass
Information listed in sections
2025(r)(7) and
2025(r)(8) (A) to
(G) must be provided for the vehicle subject
to the three-day pass request and the date for which the three-day period would
begin.
(20)
Compliance Certification. All reports submitted to ARB, must
be accompanied with a certification signed by a responsible official or a
designee thereof that the information reported is accurate and that the fleet
is in compliance with the regulation. If a designee signs the compliance
certification, a written statement signed by the responsible official
designating the designee must be attached to the compliance certification and
submitted to the Executive Officer.
(21)
Changes Since Last
Reporting -- The fleet owner or responsible person must report to the
Executive Officer any additions, removals, or changes to the fleet since the
last annual report filed. Such changes shall include, among other things,
changes in the fleet's compliance option, vehicles removed from the fleet,
vehicles added to the fleet through purchase or by bringing into California,
and vehicles newly defined as low-use, or recently repowered or retrofitted. If
there are no changes, the fleet owner shall indicate there have been no
changes.
(22)
New Fleet
Reporting. New fleets that elect to utilize the phase-in options of
section
2025(i) or
2025(h) must
submit the information in sections
2025(r)(5)
through
2025(r)(9) to the
Executive Officer within 30 days of purchasing or bringing such vehicles into
the State. Beginning the first January 1 that is more than 30 days after the
date of purchase or bringing a
vehicle into the State, new fleets must comply
with the reporting requirements in section
2025(r).
(23)
Claiming Compliance Extension
for Manufacturer Delays
The fleet owner must report the following information to
the Executive Officer by January 31, each year to demonstrate compliance with
the requirements of section
2025(p)(8):
(A) The date of purchase or the date the
contractual agreement for purchase of VDECS, replacement engine, or vehicle was
entered;
(B) The date the VDECS or
vehicle was placed into service;
(C) The date the existing vehicle was removed
from service; and
(D)
Identification of the vehicle that was replaced.
(24)
Reporting for a Compliance
Extension for Fleets that Meet PM BACT per section
2025(f) or
2025(g) prior to
January 1, 2014
For fleets complying using the compliance option of section
2025(f) or 2025(g), the fleet owner must provide the following
information about the vehicles that meet PM BACT prior to January 1,
2014:
(A) Owner,
vehicle and engine
information listed in sections
2025(r)(5)
through
2025(r)(9).
(B) Information listed in section
2025(r)(10) for
the VDECS.
(25)
Reporting for Small Fleets
For fleets complying using the phase-in option for small
fleets of section
2025(h), the
fleet owner must provide the following information about all vehicles in the
fleet;
(A) Owner information listed in
sections
2025(r)(5) through
(7); and
(B) Until January 31, 2014, the
vehicle
information listed in sections
2025(r)(8) (A) through
(J) and starting January 31, 2014, all the
information listed in sections
2025(r)(8)
through
2025(r)(10).
(26)
Reporting for Fleets Using
Excess PM VDECS Credits
For fleets claiming excess PM VDECS credits of section
2025(j)(2)(C),
the fleet owner must provide the following information about the vehicles prior
to January 1 of the compliance year in which they want to apply it:
(A) Owner,
vehicle and engine information
listed in sections
2025(r)(5)
through
2025(r)(9) for
the
vehicle that was retrofit;
(B)
Information listed in section
2025(r)(10) for
the VDECS; and
(C) The fleet
registration identification number for the Off-Road regulation, title 13, CCR,
section
2449, known as the diesel off-road
online reporting system, or DOORS ID number.