ARB adopted revisions to the In-Use Off-Road Rule on 12/17/10. The major requirements and rule changes are summarized below.
For additional details contact us or visit the ARB website:
www.arb.ca.gov/msprog/ordiesel/ordiesel.htm
The following overview assumes you are familiar with the previous rule. Just in case you are not fully versed, here is very short primer.
Overview of Previous Rule
The off-road applies generally to diesel engines 25 hp or larger used in off-road applications that provide motive power
(can be used for dual functions, such as a backhoe) and where the engine is not regulated by another ARB in-use diesel control rule.
The previous rule required large fleets (more than 5,000 hp) and medium fleets (2,501 to 5,000 hp) meet separate requirements for
NOx and PM emissions (small fleet requirements are addressed later).
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Fleets were required to generate separate fleet average emission rates and emission targets for NOx and PM.
The first deadline for large fleets was March 1, 2010 and extended annually to 2020. The first deadline for
medium fleets was March 1, 2013 and also extended annually to 2020.
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If a fleet failed to meet either the NOx or PM fleet average target rate for a given year, then it had to
comply with best available control technology (BACT).
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For a failure to meet the fleet average emission target rate for NOx - fleets were required to
"turnover" a certain percentage the fleet's hp by each compliance date, where turnover
meant to retire an engine (piece of equipment), replace it with a lower emission engine, or
retrofit it with NOx control systems approved by ARB.
- For a failure to meet fleet average emission target rate for PM - fleets were required to
"retrofit" a certain percentage of the fleet's Tier 0 engines (equipment) where
retrofit requirements could be met by retiring a Tier 0 engine (piece of equipment) without
replacement, or by retrofitting an engine with a PM vehicle emission control system (VDECS)
approved by ARB.
Under the previous rule small fleets (2,500 hp or less) were subject only to PM requirements. Small fleets
were required to calculate fleet average emission rates and targets. If a fleet failed to meet a target
rate that fleet was required to meet PM BACT ("retrofit" a certain percentage of the fleet's hp
that year). The first compliance date for small fleets was March 1, 2015 and extended annually for ten years to 2025.
The previous version of the rule was brutally complex with a bewildering array of exemptions and credits.
The revised rule substantially simplified the rule, reduced turnover and retrofit requirements, and extended
the first compliance dates by four years. The major changes are summarized below.
In general, the rule still requires fleets to generate fleet average emission rates and targets and if a
fleet fails to meet a target to comply with BACT. However, under the previous rule there were separate
requirements for NOx and PM. Under the revised rule:
- There is a single requirement that can be met with turnover or retrofit.
- The first compliance date is delayed by four years.
- The BACT requirements were significantly reduced.
First Compliance Dates Delayed
Elimination of separate NOx and PM requirements
- Previous rule: Large and medium sized fleets were subject to separate requirements for PM and NOx.
- Current rule: Large and medium sized fleets are now subject to single requirements for both PM and NOx.
Consolidation of BACT requirements
- Previous rule: Medium and Large fleets were subject to Separate BACT requirements for NOx (turnover) and PM (retrofit). Both requirements had to be met separately.
- Current rule: All fleets are now subject to as single BACT requirement, which can be met by turnover and/or retrofit.
Reduction in BACT requirements
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Previous rule: As indicated above, fleets that failed to meet a NOx fleet average target rate were required to turnover a certain percent of the fleet's nonexempt fleet hp that year; and fleets that failed to meet a PM fleet average target rate were required to retrofit a certain percent of the fleet's hp that year. The percentages are given below.
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Current rule: The proposed BACT requirements are now as follows:
Change in small fleet average targets/BACT
- Previous rule: Smaller fleets were subject to PM target rates starting in 2015. Fleets failing to meet a fleet average target were required to meet the BACT retrofit requirements.
- Current rule: Small fleets are now subject to NOx target rates starting in 2019. Fleets failing to meet a target can comply with BACT by retrofitting and/or turnover.
Small fleets with less than 500 hp
- Previous rule: No provision.
- Current rule: Small fleets with less than 500 hp can meet rule requirements by upgrading to Tier 2 or higher engines according to the schedule below.
Reduced HP credit
- Previous rule: Fleets got credit for a reduction in fleet hp between 3/1/06 and 3/1/10 that could be used to meet subsequent BACT obligations.
- Current rule: The amount of the credit is reduced by 50%; and the credit cannot be used to meet 1/1/14 BACT requirements, only 2015 and later BACT obligations.
Credit for interim replacement
- Previous rule: No provision.
- Current rule: New credit called "Credit for Interim Replacement" applies to fleets and dates as follows:
The credit applies if you replace more than eight percent of your total fleet hp in a given year with Tier 2 or higher tier equipment.
Modified credit for early PM VDECS installations
- Previous rule: Fleets that installed PM VDECS before 1/1/10 received double the credit for those retrofits towards PM BACT (retrofit) requirements.
- Current rule: Fleets now get double credit for PM VDECS installed before the following dates.
Permanent exemption from turnover BACT
- Previous rule: No permanent exemption.
- Current rule: Up to 15% of a fleet's hp can be permanently exempted from turnover BACT for equipment retrofit with a PM VDECS by 1/1/2013.
Delayed compliance for large fleets that met 2010 compliance requirements
- Previous rule: Not applicable.
- Current rule: If you are a large fleet and had certain credits on 3/1/10
that exceeded eight percent of your total 3/1/09 fleet hp your first compliance
date would be 2015 rather than 2014. These credits include:
- Early repower credit.
- Reduced hp credit between 3/1/06 and 3/1/10.
- Double early VDECS installation credit.
Low use equipment exemption
There are two low use exemptions: permanent and year-by-year.
- Previous rule: Less than 100 engine hours per year.
- Current rule: Less than 200 engine hours per year.
Note that equipment classified as permanent low use is treated the same as retiring an engine
- the fleet gets turnover credit. But if you tried to return it to regular service (200 or
more hours per year), it would get treated as a new piece of equipment being added to
your fleet (a later section gives these requirements).
Equipment classified as year-by-year low use cannot get credit as a
"turnover," but the hp is deducted from the total
fleet hp used to generate the total fleet hp and hence the size of the BACT obligation.
For example, if you have 10,000 hp, but between 1/1/13 and 12/31/13
only 2,000 hp was used for less than 200 hours, then your 1/1/14 BACT obligation would be
8,000 hp X 4.8% or 384 hp;
rather than 10,000 hp X 4.8% or 480 hp.
Also if the next year you use that equipment 200 or more hours per year it would not be
treated as new piece of equipment being added to your fleet.
Change in compliance and reporting dates
There are two low use exemptions: permanent and year-by-year.
- Previous rule: Compliance dates were March 1 with reporting dates based on fleet size (April 1 for large fleets, June 1 for medium, and August 1 for small).
- Current rule: Compliance dates are January 1 of each compliance year, and reports are due for all fleet sizes on March 1.
Adding a vehicle to a fleet
- Previous rule: A fleet could add a Tier 1 vehicle provided the addition did not cause the fleet average emission rate to exceed the fleet average target rate for that year, otherwise the equipment had to be Tier 2 or higher.
- Current rule: You can only add equipment to your fleet that complies with following schedule.
Note that the proposed rule text says that Tier 1 equipment added to a large or medium sized fleet between
3/1/2011 and 12/31/2012 must have an existing equipment identification number (EIN) prior to purchase.
Also note that the proposed rule says that Tier 0 equipment cannot be added to a fleet once EPA approves the
adopted regulation. How long it might take EPA to approve the regulation once it has been adopted by
ARB is a hazardous guess at best. I would recommend you not purchase Tier 0 equipment starting 1/1/2011.
Fleets in captive attainment area exemption
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Previous rule: Fleets in captive attainment areas are exempt from NOx requirements, but must comply with applicable
large, medium and small fleet PM requirements.
- Current rule: All fleets in captive attainment areas are subject to small fleet requirements regardless of fleet size.
Reporting requirements
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Adding or removing equipment to or from a fleet. Requirement is unchanged. Fleets are required to report equipment
added or removed within 30 days of the transaction.
- Reporting dates. The previous and current dates fleets are required to submit compliance reports are given below.
- Previous rule:
- Current rule:
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Low use reporting. Under the previous and revised rule engine hour reporting for permanent low use remains the same:
you need to take hour meter readings at the beginning and end of each reporting year and report those to ARB.
The only difference is that the reporting year was March 1 to the end of the February of the following year, and it
is now January 1 to December 31 of the same calendar year. For equipment you plan to classify as year-by-year low use,
you need to take and report hour meter readings at the beginning and end of each compliance year.
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Hour data recording. Because the compliance date has changed from March 1 to January 1 we recommend you record the hours
meter readings on all you equipment on December 31 rather than March 1 of each year.