CARB’s In-Use Off-Road Diesel Vehicle Rule

Status

• CARB adopted its proposed rule at its July 26, 2007 hearing in Sacramento.
• At the adoption hearing CARB approved several changes to the proposed rule. Since that time those changes have slowly been released in the form of 15-day public notices. The 15-day notice for what appears to be the final proposed changes closed March 20, 2008. For official CARB information see http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.
• CARB must still complete a few procedural steps in order for the rule to become law. These include:
  • CARB is required to prepare and submit a rule adoption package to the California Office of Administrative Law. OAL is required to determine that the rule complies with the state's Administrative Procedure Act.
  • CARB has to submit the adopted rule to USEPA Region IX for inclusion in the State Implementation Plan. EPA is required to make certain findings in order for the rule to become federally enforceable.
  • CARB has to submit a waiver request to USEPA requesting authority to regulate in-use diesel engines covered by the regulation.
• It is our understanding various that industry groups are taking a hard look at legal challenges available under the remaining procedural steps.
• For a listing of critical rule implementation dates, see Critical Dates.