(c)
Definitions
(1)
"Agricultural
operations" means
(1) the growing or
harvesting of crops from soil (including forest operations) and the raising of
plants at wholesale nurseries, but not retail nurseries), or the raising of
fowl or animals for the primary purpose of making a profit, providing a
livelihood, or conducting agricultural research or instruction by an
educational institution, or
(2)
agricultural crop preparation services such as packinghouses, cotton gins, nut
hullers and processors, dehydrators, and feed and grain mills. Agricultural
crop preparation services include only the first processing after harvest, not
subsequent processing, canning, or other similar activities. For forest
operations, agricultural crop preparation services include milling, peeling,
producing particleboard and medium density fiberboard, and producing woody
landscape materials.
For purposes of this regulation, a vehicle that is used by
its owner for both agricultural and nonagricultural operations is considered to
be a vehicle engaged in agricultural operations, only if over half of its
annual operating hours are for agricultural
operations.
(2)
"Airport ground support equipment" (GSE) is mobile
diesel-fueled off-road compression ignition vehicles used to service and
support aircraft operations. GSE vehicles perform a variety of functions,
including but not limited to: aircraft maintenance, pushing or towing aircraft,
transporting cargo to and from aircraft, loading cargo, and baggage handling.
GSE vehicles include equipment types such as baggage tugs, belt loaders, and
cargo loaders.
(3)
"Alternative diesel fuel" means any
fuel used in a compression
ignition
engine that is not a
diesel fuel, as defined in title 13, CCR,
sections
2281 and
2282, and does not require
engine
or
fuel system modifications for the
engine to
operate, although minor
modifications (e.g., recalibration of the
engine fuel control) 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. A
diesel fuel containing a
fuel additive will be treated as an
alternative diesel
fuel unless:
(A) the additive is supplied to
the vehicle or 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 vehicle or 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.
(4)
"Alternative fuel" means natural gas, propane, ethanol,
methanol, gasoline (when used in hybrid electric vehicles only), 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.
(5)
"Best available control
technology" (BACT) means
Verified Diesel Emission Control Strategy
(VDECS) and turnover requirements in section
2449.1(b).
(6)
"Captive attainment area
fleet" means a
fleet or
fleet portion, as defined under section
2449(c)(24), in
which all of the vehicles in the
fleet or
fleet portion
operate exclusively
within the following counties: Alpine, Colusa, Del Norte, Glenn, Humboldt,
Lake, Lassen, Mendocino, Modoc, Monterey, Plumas, San Benito, San Luis Obispo,
Santa Barbara, Santa Cruz, Shasta, Sierra, Siskiyou, Trinity, Tehama, Yuba, and
the portion of Sonoma County that lies within the boundaries of the North Coast
Air Basin. A
fleet or identified
fleet portion that operates one or more
vehicles outside the counties and area listed above is not a captive attainment
area
fleet. Captive attainment area fleets shall be treated as small fleets
even if their total max hp exceeds 2,500 hp. All fleets owned by the United
States, the State of
California, or agencies thereof (i.e., an
agency in the
judicial, legislative, or executive branch of the federal or state government)
are considered to be large fleets (per section
2449(c)(28)(A)),
and vehicles owned by such fleets, regardless of whether they
operate
exclusively within the above counties and area, are not part of a captive
attainment area
fleet.
(7)
"CARB" means the California Air Resources Board.
(8)
"Carryover BACT credit",
as calculated under section
2449.1(b)(8),
means a way of tracking turnover or VDECS installations accomplished in excess
of the BACT requirements. Fleets may take credit for such excess turnover or
VDECS installations to do less turnover or VDECS installations in later
years.
(9)
"Combat and
tactical support equipment" means equipment that meets military
specifications, is owned by the U.S. Department of Defense and/or the U.S.
military services or its allies, and is used in combat, combat support, combat
service support, tactical or relief operations or training for such
operations.
(10)
"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.
(11)
"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.
(12)
"Dedicated snow removal
vehicle" means a vehicle that is operated exclusively to remove snow
from public roads, private roads, or other paths from which snow must be
cleared to allow on-road vehicle access. Dedicated snow removal vehicles must
have permanently affixed snow removal equipment such as a snow blower or auger
and may include, but are not limited to, motor graders, loaders, and snow
blowers.
(13)
"Designated
official" means a person designated by the responsible official as the
person that represents the fleet. The statements of the designated official to
CARB under this regulation shall be deemed to be statements of the
fleet.
(14)
"Diesel
fuel" has the same meaning as defined in title 13, CCR, sections
2281 and
2282.
(15)
"Diesel particulate
filter" means an emission control strategy that reduces diesel
particulate matter emissions by directing all of 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.
(16)
"Diesel particulate
matter" (diesel 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. The California Air Resources Board (CARB) has identified diesel PM
as a toxic air contaminant.
(17)
"DOORS fleet ID number" means the number CARB assigns to each
fleet when a fleet initially reports to CARB to identify the fleet.
(18)
"Emergency operation"
means:
(A) Any activity conducted during
emergency, life threatening situations, where a sudden, unexpected occurrence
that poses a clear and imminent danger, requiring immediate action to prevent
or mitigate the loss or impairment of life, health, property, or an essential
public service; or in conjunction with any officially declared disaster or
state of emergency, as declared by an authorized health officer, agricultural
commissioner, fire protection officer, or other authorized health
officer;
(B) Any activity conducted
by essential public and private service utilities to provide electricity,
natural gas, broadband and telephone, water, or sewer during periods of service
outages and emergency; or
(C)
Operations including repairing or preventing damage to roads, buildings,
terrain, and infrastructure as a result of an earthquake, flood, storm, fire,
other infrequent act of nature, or terrorism. Routine maintenance or
construction to prevent public health risks does not constitute emergency
operations.
(19)
"Emission control label" means the label which
engine
manufacturers are required to affix on each production
engine (or piece of
equipment) to provide the
engine or equipment
owner and
service mechanic with
information necessary for the proper maintenance of parts in customer use, as
described in CCR
title 13, section
2424.
(20)
"Emission factor" means
NOx emission rate in grams per brake-horsepower hour (g/bhp-hr) as shown in
Appendix A. Engines certified to Family Emission Limits and flexibility engines
must still use the emission factors in Appendix A.
(21)
"Equipment identification
number" means a unique identification number assigned by CARB to each
vehicle in an owner's fleet subject to this regulation. All reporting and
recordkeeping will link vehicle data with this number.
(22)
"Executive Officer"
means the Executive Officer of CARB or his or her authorized
representative.
(23)
"Family emission limit" (
FEL) means an emission level that is
declared by the
manufacturer to
serve in lieu of an emission standard for
certification purposes and for the
averaging,
banking, and
trading program, as
defined in title 13, CCR, section
2423.
(24)
"Fleet" means all
vehicles and engines subject to this regulation owned by a
person,
business, or
government
agency that are operated within
California and are subject to the
regulation. A
fleet may consist of one or more vehicles. A
fleet does not
include vehicles that have never operated in
California.
"Fleet portions" -- means that part of a
fleet for which daily operations and dispatching are managed by different
responsible officials because they are part of different subsidiaries,
divisions, or other organizational substructures of a parent company,
corporation or agency, which owns or controls the operations of the subsidiary,
division, or organizational substructure, and the parent company, corporation,
or agency elects to have some or all the fleet portions comply with the
performance requirements separately and be reported separately. A fleet may
have some fleet portions that meet the definition of captive attainment area
fleet and some fleet portions that do not. However, the total max hp of the
vehicles under common ownership or control of the parent company, corporation,
or agency determines the fleet size. Once a fleet begins to comply and report
separately as fleet portions, the fleet portions must continue to comply and
report separately, and the fleet portions must meet the adding vehicle
requirements in section
2449(d)(6) just
as if they were separate fleets.
(25)
"Fleet average index"
means an indicator of a fleet's overall emission rate. The fleet average index
for a specific fleet is determined by summing (adding) the product of the max
hp of each engine times the emission factor, and dividing by the fleet's total
max hp.
(26)
"Fleet average
target rate" means the fleet average that a specific fleet must meet
in a compliance year in order to show compliance with the fleet average
requirements. The fleet average target rate varies depending on a fleet's hp
distribution. The fleet average target rate for a specific fleet for each
compliance year is determined by summing (adding) the product of the max hp of
each engine times the target, and dividing the resulting sum by the fleet's
total max hp.
(27)
"Fleet
owner" means, except as qualified below, the
person who owns and has
possession of the vehicles in the
fleet.
"Rental or Leased Fleets" -- Vehicles that are owned by a
rental or leasing company and that are leased by the same lessee for a period
of one year or more may be excluded from the rental company fleet and included
in the fleet of the lessee only if such arrangement is delineated in the
written lease agreement.
Vehicles that are rented or leased for a period of less
than one year must be included in the fleet of the rental or leasing company.
Off-road vehicles and engines subject to this regulation that are owned by a
lessor and leased to a lessee under a "lease" as defined in California Uniform
Commercial Code, section
10103(a)(10),
for a duration of at least one year, dated prior to the effective date of these
regulations, are considered part of the fleet of the lessee rather than the
lessor.
(28)
"Fleet
size category" -- means fleets are classified by size as described
below. A
fleet must meet large
fleet requirements if the total vehicles under
common ownership or control would be defined as a large
fleet. A
fleet must
meet medium
fleet requirements if the total vehicles under common ownership or
control would be defined as a medium
fleet. Individual federal or state
agencies may report as separate fleets, but all vehicles owned by agencies of
the United States or the State of
California agencies must meet the large
fleet
requirements. Permanent and
year-by-
year low-use vehicles, dedicated
snow-removal vehicles, and vehicles used solely for
emergency operations need
not be included in the total max hp used to classify fleets by size.
Participation in section
2449.1(e),
Alternate Compliance Pathway through Zero-Emission Technology, does not alter
the total max hp used to classify fleets by size.
(A) "Large fleet" -- A fleet with a total max
hp (as defined below) greater than 5,000 hp. A fleet must meet large fleet
requirements if the total vehicles under common ownership or control would be
defined as a large fleet. All fleets owned by the United States, the State of
California, or agencies thereof (i.e., an agency in the judicial, legislative,
or executive branch of the federal or state government) will be considered as a
unit whole and must meet the large fleet requirements.
(B) "Medium fleet" -- A fleet that is not a
small or large fleet.
(C) "Small
fleet" -- A fleet with total max hp of less than or equal to 2,500 hp that is
owned by a business, non-profit organization, or local municipality, a local
municipality fleet in a low population county irrespective of total max hp, a
non-profit training center irrespective of total max hp, or a captive
attainment area fleet irrespective of total max hp.
(29)
"Flexibility engine"
means an
engine certified to the implementation flexibility standards in title
13, CCR, section
2423(d).
"Post-2007 flexibility engine" -- A flexibility engine
certified on or after January 1, 2007. Such flexibility engines are generally
labeled as follows by the engine manufacturer:
"THIS ENGINE COMPLIES WITH CALIFORNIA EMISSION REQUIREMENTS
UNDER 13
CCR 2423(d)..." or "THIS
ENGINE CONFORMS TO CALIFORNIA OFF-ROAD COMPRESSION-IGNITION ENGINE REGULATIONS
UNDER 13
CCR, 2423(d)."
(30)
"Forest
operations" means
(A) forest fire
prevention activities performed by public agencies, including but not limited
to construction and maintenance of roads, fuel breaks, firebreaks, and fire
hazard abatement or
(B) cutting or
removal or both of timber, other solid wood products, including Christmas
trees, and biomass from forestlands for commercial purposes, together with 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.
(31)
"Hour meter log" means
a log of the hours that a vehicle operated directly taken from the vehicle's
hour meter.
(32)
"Implement
of husbandry" is as defined in California Vehicle Code (Veh. Code)
division 16.
(33)
"Local
municipality" means a city, county, city and county, special district,
or other public agency, or two or more public entities acting jointly, or the
duly constituted body of an Indian reservation or rancheria. Agencies of the
United States of America or the State of California, and departments,
divisions, public corporations, or public agencies of this State or of the
United States are not considered local municipalities.
(34)
"Low-population county local
municipality fleet" means a
fleet owned by a local municipality (as
defined above) that is located in a county as defined in title 13, CCR, section
2022(b)(4) and
identified in section
2022.1(c)(2),
Table 2, or, using the criteria set forth in title 13, CCR, section
2022.1(c)(4), a
local municipality not located in a low-population county that has requested
and has received
Executive Officer approval to be treated like a municipality
in a low-population county. Fleets owned by such local municipalities shall be
treated as small fleets even if their total max hp exceeds 2,500 hp.
(35)
"Maximum power" (max
hp) means the engine's net horsepower (hp) or net flywheel power certified to
Society of Automotive Engineers (SAE) Method J1349 or International
Organization for Standardization (ISO) Method 9249. If the engine's net hp or
net flywheel power certified to SAE Method J1349 or ISO Method 9249 is not
readily available, another net hp or net flywheel power from the manufacturer's
sales and service literature or hp from the engine label may be used.
(36)
"Model year" has the
same meaning as defined in title 13, CCR, section
2421(a)(38).
(37)
"New fleet" means a
fleet that is acquired or that enters California on or after January 1, 2012.
Such fleets may include new businesses or out-of-state businesses that bring
vehicles into California for the first time on or after January 1,
2012.
(38)
"Newly reported
fleet" means a fleet that reports to CARB for the first
time.
(39)
"Non-profit
training center" means an entity that operates a program for training
in the use of off-road vehicles and that (A) is a community college program
that trains students in the use of off-road vehicles or (B) qualifies as a
non-profit or not for profit organization under title 26 Internal Revenue Code
section 501(a), (c)(3), (c)(5), or (c)(6). Any vehicles that are not used for
an off-road training program are not considered part of a non-profit training
center and must be considered a separate fleet.
(40)
"Off-highway vehicle"
is defined in Veh. Code division 16.5.
(41)
"Operator log" means a
log of the hours that a vehicle operated taken from records of vehicle operator
hours.
(42)
"Oxides of
nitrogen" (NOx) means compounds of nitric oxide, nitrogen dioxide, and
other oxides of nitrogen. Nitrogen oxides are typically created during
combustion processes and are major contributors to smog formation and acid
deposition.
(43)
"Permanent
low-use vehicle" means a vehicle that a
fleet owner has designated as
operating less than 200 hours a
calendar year, for all years subsequent to the
designation. For example, if a
fleet designates a vehicle as permanent low-use
at any point in 2014, that vehicle can only be used less than 200 hours in any
calendar year from 2015 onwards. To be considered a permanent low-use vehicle,
the
fleet owner must submit the
engine hours of operation from a functioning
non-resettable hour meter.
(A) Vehicles used
outside California -- Vehicles that operate both inside and outside of
California can meet the permanent low-use vehicle definition if they are used
less than 200 hours per year in California.
(B) Emergency operation hours -- Hours used
for emergency operations are not counted when determining permanent low-use
status.
(C) Future increase in
hours -- Except as set forth in (F) below, once designated as permanent
low-use, a vehicle may only be used up to 200 hours per
year by the
fleet
unless the vehicle meets the adding vehicles requirements in section
2449(d)(6). If
the vehicle meets the adding vehicle requirements, the
fleet may increase the
use to 200 hours or more per
year, and report the updated status of the vehicle
to remove the low-use designation.
(D) No obligation -- A
fleet is not obliged
to designate a vehicle whose use drops below 200 hours per
year as a permanent
low-use vehicle. If such a vehicle is not designated as permanent low-use, its
use may increase to 200 hours or more per
year in subsequent years without
meeting the adding vehicles requirements in section
2449(d)(6).
(E) Two-engine vehicles -- Both engines of
two-engine vehicles must each operate less than 200 hours per year in order for
the vehicle to be considered a permanent low-use vehicle.
(F) Three-
year rolling average -- Beginning
January 1, 2024, a vehicle operated only in
California for three consecutive
years and owned by the same
owner during that entire period, may be considered
permanent low-use if it is operated an average of 200 or fewer hours per
year
during that consecutive three-
year period and all subsequent three-
year periods
and the vehicle's hours are reported for all three consecutive years and
subsequent three-
year periods in accordance with section
2449(g)(2)(C).
(44)
"Prime
contractor" means the entity that holds the contract for a project
directly with the awarding authority or the owner of the project, to oversee
all or part of a project in which vehicles subject to this regulation are
operated.
(45)
"Public
incentive funds" or "Public incentive funding" means
any funding provided by one or more public entities via a grant, voucher,
contract, or loan program that includes limitations on using the funding for
regulatory benefit or credit.
(46)
"Public works awarding body" means any public agency (state,
county, city, school board, water district, etc.), or official thereof, in the
state of California, that awards or enters into a contract for the erection,
construction, alteration, repair, removal, or improvement of any public
structure, building, road, or other public lands, property, or improvement of
any kind.
(47)
"Queuing" means the intermittent starting and stopping of a
vehicle while the driver, in the normal course of doing business, is waiting to
perform work or a service, and when shutting the vehicle engine off would
impede the progress of the queue and is not practicable. Queuing does not
include the time a driver may wait motionless in line in anticipation of the
start of a workday or opening of a location where work or a service will be
performed.
(48)
"Registered
and driven safely on-road" means a vehicle meets the requirements to
be registered for on-road operation in Veh. Code division 3, chap. 1, article
1, sections 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. Having a
California Special Construction Equipment plate
as defined in
California Veh. Code sections
565 and
570 does not constitute
registration.
(49)
"Renewable diesel, R99 or R100" means a diesel fuel substitute
produced from non-petroleum renewable sources, including vegetable oils and
animal fats, that meets both a) title 40, Code of Federal Regulations, Part 79
-- Registration of Fuels and Fuel Additives (July 2021), which is incorporated
by reference herein; and b) American Society for Testing and Materials
specification D975 (approved August 1, 2021), which is incorporated by
reference herein.
(50)
"Replacement" means the addition of off-road diesel vehicles
to a fleet that had retired one or more off-road diesel vehicles of an
equivalent hp in a given year.
(51)
"Replacement emission control label" means a label which is
identical to the emission control label that was installed on the
engine at the
time of manufacture, meets the requirements of title
13 CCR
section 2424, and was approved at the time of
certification.
(52)
"Repower" means to replace the engine in a vehicle with
another engine meeting a subsequent engine emissions standard (e.g., replacing
a Tier 0 engine with a Tier 2 or later engine).
(53)
"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, 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 public 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 United
States Environmental Protection Agency [U.S. EPA]).
(54)
"Retire or retirement"
means removal of an engine from fleet service, so that the engine is not
subsequently operated by the fleet in the State of California. To retire an
engine, the vehicle with the engine may be moved outside of California, sold to
another fleet (in or outside California), or scrapped. The return of a rented
or leased vehicle by a fleet to a rental or leasing company is not considered
to be a retirement. Similarly, the rental or leasing of a vehicle by a rental
or leasing company does not count as a retirement for the rental or leasing
company.
(55)
"Snow removal
operations" means removing snow from public roads, private roads, or
driveways.
(56)
"Specialty
vehicle" means a vehicle for which no used vehicle with a cleaner
engine that can serve an equivalent function and perform equivalent work is
available.
(57)
"Subcontractor" means any person or entity who has a contract
with the prime contractor or another subcontractor, but does not have a
contract directly with an awarding authority or owner, for work involving the
operation of vehicles subject to this regulation.
(58)
"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.
(59)
"Tier 1 engine" means
an
engine subject to the
Tier 1 new engine emission standards in title 13, CCR,
section
2423(b)(1)(A)
and/or title 40, CFR, Part 89.112(a) . This also includes engines certified
under the
averaging,
banking, and
trading program with respect to the
Tier 1
Family Emission Limits (
FEL) listed in title 13, CCR, section
2423(b)(2)(A)
and/or title 40, CFR, Part 89.112(d).
(60)
"Tier 2 engine" means
an
engine subject to the
Tier 2 new engine emission standards in title 13, CCR,
section
2423(b)(1)(A)
and/or title 40, CFR, Part 89.112(a). This also includes engines certified
under the
averaging,
banking, and
trading program with respect to the
Tier 2
FEL listed in title 13, CCR, section
2423(b)(2)(A)
and/or title 40, CFR, Part 89.112(d).
(61)
"Tier 3 engine" means
an
engine subject to the
Tier 3 new engine emission standards in title 13, CCR,
section
2423(b)(1)(A)
and/or title 40, CFR, Part 89.112(a). This also includes engines certified
under the
averaging,
banking, and
trading program with respect to the
Tier 3
FEL listed in title 13, CCR, section
2423(b)(2)(A)
and/or title 40, CFR, Part 89.112(d).
(62)
"Tier 4 final engine"
means an
engine subject to the final after-treatment-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.
(63)
"Tier 4 Interim engine"
means an
engine subject to the interim
Tier 4 emission standards (also known as
transitional) 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, Parts 1039.102 and 1039.104(g).
(64)
"Total maximum power"
(total max hp) means the sum of the max hp for all of a fleet's engines that
are subject to this regulation. Permanent and year-by-year low-use vehicles,
dedicated snow-removal vehicles, and vehicles used solely for emergency
operations shall not be included in the sum.
(65)
"Turnover" means
retiring a vehicle, designating a vehicle as a permanent low-use vehicle,
repowering a vehicle with a higher tier engine, or rebuilding the engine to a
more stringent emissions configuration. Rented or leased vehicles that are
returned to a rental or leasing company do not count as turnover for the
lessee. Similarly, vehicles leased or rented out by a rental or leasing company
do not count as turnover for the rental or leasing company.
(66)
"Two-engine crane"
means a mobile diesel-powered machine with a hoisting mechanism mounted on a
specially constructed truck chassis or carrier; one engine provides motive
power, and a secondary (auxiliary) engine 50 bhp or greater that is used to
lift and move materials and objects.
(67)
"Two-engine vehicle"
means a specially constructed on-road or off-road mobile diesel-powered vehicle
that was designed by the original equipment manufacturer to be equipped with 2
diesel engines: 1 engine provides the primary source of motive power of the
vehicle while the second engine is an auxiliary engine 50 bhp or greater that
is permanently attached and integrated into the design of the vehicle to
perform a specific function, which may include providing auxiliary power to
attachments, performing special job functions, or providing additional motive
power.
(68)
"Two-engine
water-well drilling rig" means a mobile diesel-powered drilling rig
owned by a water well drilling contractor with a current, valid C-57 license
issued by the Contractors State License Board of California and used
exclusively to drill water wells with a drilling mechanism mounted on a
specialty constructed truck chassis or carrier; 1 engine provides motive power,
and a secondary (auxiliary) engine 50 bhp or greater that is used to power the
drilling mechanism.
(69)
"Verified diesel emission control strategy" (VDECS) means an
emissions control strategy that has been verified pursuant to the "Verification
Procedures, Warranty and In-Use Compliance Requirements for In-Use Strategies
to Control Emission from Diesel Engines" (Verification Procedure), title 13,
CCR, sections
2700-2710. VDECS can be verified to reduce PM emissions, or NOx
emissions, or both.
(A)
"Highest
level PM VDECS" means the highest level VDECS verified by
CARB to
reduce PM under its Verification Procedure. The highest level is determined
solely based on verified diesel PM reductions, not based on verified NOx
reductions. VDECS can be verified to achieve Level 1 diesel PM reductions (at
least 25 percent), Level 2 diesel PM reductions (at least 50 percent), or Level
3 diesel PM reductions (at least 85 percent). All Level 3 diesel PM devices are
higher than all Level 2 diesel PM devices. Level 1 PM devices are never
considered highest level PM VDECS for the purpose of this regulation. "Plus"
designations do not matter; that is, a Level 3 Plus is the same diesel PM level
as Level 3; and Level 2 Plus is the same diesel PM level as Level 2. A PM VDECS
shall be considered the highest level PM VDECS only if (1) it can be used
without impairing the safe operation of the vehicle as demonstrated per section
2449(e)(8), and
(2) the diesel emission-control strategy
manufacturer and authorized diesel emission-control strategy
dealer agree it
can be used on a specific
engine and vehicle combination without jeopardizing
the original
engine warranty in effect at the time of application.
(B)
"VDECS verified to reduce
NOx" means VDECS verified by CARB to reduce NOx under its Verification
Procedure. NOx VDECS are not verified by Level, but are verified by the percent
reduction in NOx emissions from the engine achieved by the VDECS. See also
definition of Verified Percent NOx Reduction.
(70)
"Verified percent NOx
reduction" means the verified percent reduction in NOx emissions from
the engine achieved by the VDECS verified to reduce NOx.
(71)
"VDECS failure" means
the condition of a VDECS not achieving the emissions reductions to which the
VDECS is verified. Such a condition could be due to inappropriate installation,
damage, or deterioration during use. If a Level 3 VDECS is emitting visible
smoke, it shall be assumed to have failed.
(72)
"Workover rig" means a
mobile self-propelled rig used to perform one or more remedial operations, such
as deepening, plugging back, pulling and resetting liners, on a producing oil
or gas well to try to restore or increase the well's production.
(73)
"Year-by-year low-use
vehicle" means a vehicle that operated in
California less than 200
hours during the preceding 12-month
calendar year. For example, when reporting
in 2014, the hours of use between January 1, 2013 and December 31, 2013, would
be used to determine
year-by-
year low-use status. To be considered a
year-by-
year low-use vehicle, the
fleet owner must annually submit
engine
operation data from a functioning non-resettable hour meter.
(A) Vehicles used outside California --
Vehicles that operate both inside and outside of California can meet the
year-by-year low-use vehicle definition if they are used less than 200 hours
per year in California.
(B)
Three-year rolling average -- A vehicle operated only in California for the
previous 3 years and owned by the same owner during that period will be
considered year-by-year low-use if it operated on average less than 200 hours
per year during that previous three-year period.
(C) Emergency operation hours -- Hours used
for emergency operations are not counted when determining year-by-year low-use
status.
(D) Two-engine vehicles --
Both engines of two-engine vehicles must each operate less than 200 hours per
year in order for the vehicle to be considered a year-by-year low-use
vehicle.
(E) The year-by-year
low-use option sunsets on January 1, 2024, meaning no vehicle will be
considered a year-by-year low-use vehicle on or after January 1,
2024.
(74)
"Zero-emission vehicle" means a vehicle that produces zero exhaust emissions of
any criteria pollutant (or precursor pollutant) or greenhouse gas under any and
all possible operational modes and conditions.
(e)
Special
Provisions/Compliance Extensions
(1)
VDECS Failure -- In the event of a failure or damage of a
VDECS, the following conditions apply:
(A)
Failure or Damage During the Warranty Period. If a VDECS fails or is damaged
within its warranty period and it cannot be repaired, the fleet owner must
replace it with the same level VDECS or higher for the vehicle within 90 days
of the failure.
(B) Failure or
Damage Outside the
Warranty Period.
1. Before
Final Target Date -- If a VDECS fails or is damaged outside of its warranty
period before January 1, 2023 for large and medium fleets, or before January 1,
2028 for small fleets, and cannot be repaired, and if the fleet could not meet
an applicable fleet average target for the most recent compliance date without
the failed VDECS, the fleet owner must replace the failed or damaged VDECS
within 90 days of its failure, with the highest level VDECS available for the
engine at time of failure.
2. After
Final Target Date -- If a VDECS fails or is damaged outside of its warranty
period on or after January 1, 2023 for large and medium fleets, or on or after
January 1, 2028 for small fleets, and cannot be repaired, the fleet owner must
replace the failed or damaged VDECS within 90 days of its failure with the
highest level VDECS available for the engine at time of failure, regardless of
whether the fleet met the applicable fleet average requirement for the most
recent compliance date.
(2)
Fuel-based Strategy
VDECS --
(A) If a fleet owner
determines that the highest level VDECS for a large percentage of his fleet
would be a Level 2 fuel verified as a diesel emission control strategy, and
implementation of this VDECS would require installation of a dedicated storage
tank, then the fleet owner may request prior approval from the Executive
Officer to allow use of the level 2 fuel-based strategy across its
fleet.
(B) Waiver for
Discontinuation of Fuel Verified as a Diesel Emission Control Strategy. If a
fleet owner has relied upon a fuel verified as a diesel emission control
strategy to meet an applicable fleet average requirement and has to discontinue
use of the fuel due to circumstances beyond the fleet owner's control, the
fleet owner may apply to the Executive Officer no later than 30 days after
discontinuing use of the fuel for a compliance waiver of up to 2 years to
provide it time to return to compliance with the applicable fleet average
requirement. The Executive Officer then has 30 days to act upon the request.
Fleets that did not meet the applicable fleet average requirement in the most
recent compliance year may not apply for this waiver.
(3)
Exemption for Vehicles Used for
Emergency Operations -- Vehicles used solely for
emergency operations
are exempt from the performance requirements in sections
2449(d),
2449.1, and
2449.2, but still must be labeled,
reported, and meet the adding vehicle requirements in accordance with sections
2449(d)(6)(H),
2449(f), and
2449(g). Vehicles
used solely for
emergency operations need not be included when calculating
fleet average indices or target rates, when determining
fleet size, or when
calculating the required hp for the BACT requirements in section
2449.1(b).
Owners of vehicles brought into California for emergency
operations that last longer than three months must report such entry to CARB
and request an equipment identification number within three months of entering
the State. Vehicles used solely for emergency operations and that stay in
California for less than three months do not have to be labeled. For vehicles
used both for emergency operations and for other purposes, hours of operation
accrued when the vehicle is used for emergency operations do not need to be
included when determining whether the vehicle meets the permanent or
year-by-year low-use vehicle definition.
(4)
Special Provisions for Snow
Removal Vehicles -- Dedicated snow removal vehicles are exempt from
the performance requirements in sections
2449(d),
2449.1, and
2449.2, but still must be labeled,
reported, and meet the adding vehicle requirements in accordance with sections
2449(d)(6)(H),
2449(f), and
2449(g).
Dedicated snow removal vehicles need not be included when calculating
fleet
average indices or target rates, when determining
fleet size, or when
calculating the required hp for the BACT requirements in section
2449.1(b).
Publicly owned vehicles used exclusively to support snow removal operations,
but which do not meet the dedicated snow removal vehicle definition (such as a
loader without a special snow removal attachment), are exempt from the
performance requirements in sections
2449(d),
2449.1, and
2449.2, but still must be labele,
reported, and meet the adding vehicle requirements in accordance with sections
2449(d)(6)(H),
2449(f), and
2449(g).
(5)
Use of Experimental Diesel
Emission Control Strategies -- If a
fleet owner wishes to use an
experimental, or non-verified, diesel
emission control strategy, the
owner must
first obtain approval from the
Executive Officer for a compliance extension. To
obtain approval, the
owner must demonstrate either that (A) a VDECS is not
available or not feasible or not safe for their vehicle or application, or (B)
that use of the non-verified strategy is needed to generate data to support
verification of the strategy. The
owner or
operator shall keep documentation of
this use in records as specified by the
Executive Officer. The application must
include emissions data and detailed control technology description
demonstrating the experimental control achieves at least a Level 2 diesel PM
emission reduction. If the application demonstrates that the strategy achieves
at least 50 percent reductions in diesel PM, it may be treated like a Level 2
VDECS. If the application demonstrates that the strategy achieves at least 85
percent reductions in diesel PM, it may be treated like a Level 3 VDECS. If the
application demonstrates that the strategy achieves a NOx reduction over 15
percent, the NOx reduction may be counted.
Upon approval by the Executive Officer, each vehicle engine
retrofit with the experimental strategy will be allowed to operate for a
specified time period necessary to make a determination that the experimental
strategy can achieve the projected emissions reductions. The vehicle equipped
with the experimental strategy will be considered to be in compliance during
the specified time period. A fleet owner who participates in an experimental
diesel emission control program approved by the Executive Officer may retain
carryover BACT credits actually accumulated during the experiment, regardless
of whether the experiment achieved the projected emissions reductions or
whether the strategy is eventually verified. If a strategy installed in an
experimental diesel emission control program approved by the Executive Officer
fails to be verified or is removed, it will no longer count in the fleet's
fleet average calculations. The fleet owner must bring the fleet into
compliance prior to the expiration of the experimental diesel emission control
strategy extension.
(6)
Compliance Flexibility for Equipment Manufacturer or Installer
Delays -- A
fleet owner who has purchased
new equipment (including
VDECS) or vehicles in order to comply with this regulation will be allowed to
include the new vehicle in and remove the vehicle they plan to retire from
their
fleet average calculation, as well as continue operation of the vehicle
they plan to retire, even if the vehicle does not meet the Tier phase-out
requirements in section
2449.1(c), if the
new equipment or vehicles have not been received due to manufacturing or
installer delays and all the conditions below are met:
(A) The equipment or vehicle was purchased,
or the fleet owner and seller had entered into a contractual agreement for the
purchase at least 2 months prior to the required compliance date, or -- for a
VDECS purchased to replace a failed or damaged VDECS, the fleet owner and
seller had entered into a contractual agreement for the purchase within 60 days
of the VDECS failure.
(B) Proof of
purchase, such as a purchase order or signed contract for the sale, including
engine specifications for each applicable piece of equipment or vehicle, must
be maintained by the fleet owner and provided to an agent or employee of CARB
upon request.
(C) The new equipment
or vehicles are immediately placed into operation upon receipt, and any
replaced vehicles are removed from service within 30 days.
(D) Documentation from the manufacturer or
the installer that there is a delay, such that the equipment or vehicle will be
received or installed after the compliance date.
(E) The fleet owner must maintain proof of
the date that the new vehicles were placed into service and proof of the date
that any replaced vehicles were removed from service, and provide that proof to
CARB upon request.
(7)
Exemption for Permanent and Year-by-year Low-Use Vehicles --
Permanently designated and
year-by-
year low-use vehicles are exempt from the
performance requirements in sections
2449(d)(3)
through
2449(d)(5) and
2449(d)(7)
through
2449(d)(9),
2449.1, and
2449.2(d), but
still must meet the
idling limits in section
2449(d)(2), be
labeled and reported in accordance with sections
2449(f) and (g),
and meet the Tier phase-out requirements in section
2449.1(c)(4).
Permanent and
year-by-
year low-use vehicles need not be included when
calculating
fleet average indices or target rates, when determining
fleet size,
or when calculating the required hp for the BACT requirements in section
2449.1(b). The
year-by-
year low-use option sunsets on January 1, 2024, meaning no vehicle will
be considered a
year-by-
year low-use vehicle on or after January 1, 2024.
Vehicles that formerly met the permanent low-use vehicle
definition, but whose use increases to 200 hours per year or greater must meet
the adding vehicles requirements in section
2449(d)(6) and be
included in the fleet average calculation by the next compliance date. For
example, a formerly designated permanent low-use engine that exceeds 200 hours
per year between January 1, 2015 and December 31, 2015 must be included in the
fleet average indices and target rates reported in 2016, and must also meet the
adding vehicle requirements for that year. Vehicles that formerly met the
year-by-year low-use vehicle definition, but whose use increases to 200 hours
per year or greater do not have to meet the adding vehicles requirements in
section 2449(d)(6), but
must be included in the fleet average calculations by the next compliance
date.
(8)
VDECS
That Impairs Safe Operation of Vehicle -- A
fleet owner may request
that the
Executive Officer find that a VDECS shall not be considered the
highest level VDECS available because (A) it cannot be safely installed or
operated in a particular vehicle application, or (B) its use would make
compliance with federal or state requirements for safety or health, or an
ongoing local air district permit condition, such as for use of a diesel
oxidation catalyst, technologically infeasible. If a VDECS
manufacturer states
that there is no safe or appropriate method of mounting its VDECS on the
requesting party's vehicle, then the VDECS will not be considered safe. The
Executive Officer shall accept the official findings of the responsible federal
or state
agency (i.e., the federal or state
agency that promulgates safety
requirements) that compliance with the requirements of this regulation would
make compliance with the federal and state safety or health requirements
technologically infeasible. In the absence of such a
declaration by the VDECS
manufacturer or official findings of a responsible federal or state
agency, the
requesting party shall provide other documentation to support its claims.
Documentation must include published reports and other findings of federal,
state or local government agencies, independent testing laboratories,
engine or
equipment manufacturers, or other equally reliable sources. The request will
only be approved if the requesting party has made a thorough effort to find a
safe method for installing and operating the VDECS, including considering the
use of mirrors, various locations for VDECS mounting, and use of an actively
regenerated VDECS. The
Executive Officer shall review the documentation
submitted and any other reliable information that he or she wishes to consider
and shall make his or her determination based upon the totality of the
evidence. Upon finding that a VDECS cannot be installed without violating the
safety standards prescribed under federal or state requirements for safety or
health, the
Executive Officer shall issue a determination that there is no
highest level VDECS available. The
Executive Officer shall inform the
requesting party, in writing, of his or her determination, within 60 days of
receipt of the request. Parties may appeal the
Executive Officer's
determination as described in (A) and (B) below. During the appeal process
described in (A) and (B) below, the requesting party may request the
administrative law judge to stay compliance until a final decision is issued.
If the stay is granted and the
Executive Officer denies the requesting party's
request, the requesting party has 6 months from the date of the
Executive
Officer's final written decision to bring his or her
fleet back into
compliance.
(A) Appeals --
Hearing Procedures
--
Any party whose request has been denied may request a
hearing pursuant to title 17, California Code of Regulations, section 60055.1
et seq.
(9)
Compliance Flexibility for Delays in Availability of Tier 3 or Tier 4
Vehicles -- If the
Executive Officer finds that there is a delay in
availability of vehicles with engines meeting the
Tier 3 or
Tier 4 interim or
final emission standards so that vehicles with
Tier 3 or
Tier 4 interim or
final engines to meet a
fleet's needs are not available or not available in
sufficient numbers or in a sufficient range of makes, models, and sizes, then
the
Executive Officer may grant an extension to the
fleet from the requirements
in section
2449.1 and the requirements in
sections
2449(d)(6)(E) and
2449(d)(6)(F). If
such a delay affects a group of fleets, the
Executive Officer may issue an
extension to all fleets with similar characteristics. Any such delay must be
documented based on verifiable information from the
fleet regarding its vehicle
needs and/or verifiable information from the equipment
manufacturer,
engine
manufacturer,
distributor, and/or
dealer regarding the unavailability of
appropriate vehicles with
Tier 3 or
Tier 4 interim or final engines.
(10)
Exemption for Vehicles Awaiting
Sale -- Vehicles in the possession of dealers, financing companies, or
other entities who do not intend to
operate the vehicle or offer the vehicle
for hire, that are operated only to demonstrate functionality to potential
buyers, to move short distances while awaiting sale, or for maintenance
purposes are exempt from the requirements in sections
2449,
2449.1, and
2449.2, but must meet the
sales
disclosure requirements in section
2449
(
l).
(11)
Exemption for Vehicle Used Over Half the Time for Agriculture
-- A vehicle that is used by its
owner for agricultural operations for over
half of its annual operating hours but that is not used exclusively for
agricultural operations is exempt from the performance requirements in section
2449(d),
2449.1, and
2449.2, but still must be labeled
and reported in accordance with sections
2449(f) and (g).
Vehicles used exclusively for agricultural operations are completely exempt
from the performance, labeling, and reporting requirements. A vehicle that is
rented or
leased for use by others is exempt only if it is exclusively used for
agricultural operations.
(12)
Exemption for Vehicles Used Solely on San Nicolas or San Clemente
Islands -- Vehicles used solely on San Nicolas or San Clemente Islands
are exempt from all requirements in section
2449,
2449.1, and
2449.2. If the land use plans for
the islands are changed to allow use by the general public of the islands, this
exemption shall no longer be applicable.
(13)
Exemption for Job Corps
Vehicles -- Vehicles used by the Job Corps nonprofit apprenticeship
training program are exempt from the performance requirements in sections
2449(d),
2449.1, and
2449.2 but still must be labeled,
reported, meet the adding vehicle requirements, and meet the Tier phase-out
requirements in accordance with sections
2449(d)(6)(H),
2449(f),
2449(g), and
2449.1(c)(4).
(14)
Two-Engine Vehicles --
For purposes of the rounding provisions in section
2449.1(b)(5), if
a two-
engine vehicle is subject to this regulation, under section
2449(b), neither
engine in the two-
engine vehicle is required to be turned over until the hp
required to be turned over under section
2449.1(b) is at
least half the sum of the max hp of the primary and auxiliary
engine in the
two-
engine vehicle. For purposes of the Tier phase-out provisions in section
2449.1(c), the
vehicle cannot
operate in
California if either of the vehicle's engines do not
comply with the Tier phase-out schedule outlined in section
2449.1(c).
(15)
On-road Registered Vehicles with
Off-road Engines -- If a workover rig or other on-road registered
vehicle subject to this regulation with an off-road engine is repowered and
will be registered and driven on-road, it must be repowered with an on-road
certified engine of the same model year or newer as the engine being
replaced.
(16) Fleets with 500 hp
or less -- Fleets with 500 hp or less total max hp may meet the optional
compliance schedule listed below in Table 1 instead of the small
fleet
requirements in 2449.1(a)(2) and 2449.1(b). This percent of
engine hp must be
met or exceeded, and the rounding provisions in section
2449.1(b)(5) do
not apply. For compliance with this section, all vehicles in the
fleet must be
included; no vehicles qualify for the exemptions listed in section
2449(e).
Table 1 -- Optional Compliance Schedule for Fleets
with 500 HP or Less
Compliance Date: January 1 of Year
|
Percent of Fleet (by hp) Which Must Have a
Tier 2 or Higher Engine
|
2019 |
25 |
2022 |
50 |
2026 |
75 |
2029 |
100 |
Fleets with 500 hp or less may choose to comply with either
the above optional compliance schedule or the small fleet requirements. If the
fleet alternates from the BACT schedule to the optional compliance path above,
the fleet must comply with the most recent past requirements of the optional
compliance schedule. For example, a fleet switching to the optional compliance
schedule above in 2025 must meet the 2022 requirements of the optional
compliance schedule immediately upon switching to the optional compliance
schedule. A fleet switching to the fleet average or BACT requirements from the
optional compliance schedule must begin meeting the fleet average or BACT
requirements for small fleets on the next compliance date for small fleets. If
a fleet grows larger than 500 hp, that fleet must begin meeting the fleet
average or BACT requirements for small fleets on the next compliance date for
the applicable fleet size category.
Fleets with 500 hp or less may meet the Tier 2 phase-out
requirements in section
2449.1(c)(5)
instead of the small fleet Tier 2 phase-out requirements in section
2449.1(c)(3)(C).
Fleets with 500 hp or less may meet the Tier 4 interim
vehicle adding requirements in section
2449(d)(6)(F)
instead of the small fleet Tier 4 interim vehicle adding requirements in
section 2449(d)(6)(E).
(17)
Public Incentive
funds for purchases, repowers, or retrofits -- Notwithstanding
sections
2449,
2449.1 and
2449.2, the purchase of a
replacement vehicle,
repower, or a retrofit with public incentive funds shall
be counted toward the
fleet average or BACT requirements in accordance with
funding program guidelines applicable to the particular source of public
incentive funds used for the purchase. This may in some cases limit credit to
single rather than double credit.