ARB's Proposed In-Use On-Road Diesel Vehicle Rule

Summary

Last updated October 20, 2009

Important note: ARB has committed to revising the In-Use On-Road (Truck and Bus) rule to reflect the effect of the recession. The following summary is based on the current rule and, hence, does not reflect the rule changes that are pending. Those changes have not been adopted and remain concepts at this point. For more information on the rule changes see the On-Road Rule Status.

Introduction

The California Air Resources Board (ARB) adopted a rule that requires operators of medium and heavy-duty trucks meet stringent emission standards.

A brief overview of this complex rule is provided below. We prepared a more detailed summary. If you would like a copy of that information just email us a request. Please include your company and contact information.

For additional details from ARB on this rule see www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm.

Comments and suggestions are welcomed.

General

The rule applies to diesel-powered vehicles originally licensed for on-road with a gross vehicle weight rating of more than 14,000 lbs. The overall objective of the rule is to reduce oxides of nitrogen (NOx) and particulate matter (PM) by forcing vehicle owners into vehicles with 2010+ or equivalent model year engines over a number of years starting January 1, 2011. The rule provides three compliance paths. While the basic structure of each path is same for PM and NOx the specific requirements and deadlines are different depending on the pollutant.

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Exemptions

The rule provides a number of different and fairly complex exemptions or partial exemptions. For example:

  • Engines already regulated under one of ARB’s in-use diesel engine control rules are exempt permanently or temporarily (e.g., until 2017) from the In-Use On-Road Rule
  • Other vehicles are exempt based on the amount of use (less than 1,000 miles and 100 hours per year), type of equipment (for example, private motor homes, vehicles used for private use, and vehicles used three or fewer consecutive days in California).
  • Vehicles with GVRWs or more than 33,000 lbs and that run less than 7,500 miles per year are exempt from NOx control requirement until 2021.
  • Vehicles with GVRWs or more between 14,001 to 33,000 lbs and that run less than 5,000 miles per year are also exempt from NOx control requirement until 2021.
  • Motor coaches like Greyhound buses are exempt from NOx requirements until 2017.
  • Vehicles used in agriculture are partially or fully exempt depending on the amount and type of use.

You need to review the exemptions carefully. Any exemptions tied to the amount of use are subject to reporting and record keeping requirements.

Rule Requirements

The rule establishes different requirements for fleets that include school buses. Rule requirements are then further divided: fleets with three or less vehicles, or four and more vehicles. We are going to look at the requirements applicable to fleets with more than three vehicles that do not include school buses. Later we discuss requirements pertinent to three or fewer vehicles.

The rule establishes three compliance paths:

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BACT

Regardless of whether you select Model Year BACT or Percentage BACT the rule defines BACT the same way for each pollutant.

NOx BACT

  • An engine certified to the 2010 or later model year emission NOx emission standard.
  • An engine certified to the 2007 to 2009 model year NOx emission standard and equipped with a verified NOx retrofit control system that reduces NOx by more than 70%.
  • An engine certified to the 2004-2006 model year NOx emission standard and equipped with a verified NOx retrofit control system that reduces NOx by more than 85%.

PM BACT

PM BACT is fairly simple: It is defined as an engine equipped with a Vehicle Diesel Emission Control Systems (VDECS) verified by ARB to reduce PM by at least 50%. The highest efficiency verified device that can be used on a given engine and application must be used. Note that 2007+ model year engines have the required VDECS integrated into the engine’s exhaust system.

For details on currently verified devices see: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm

Model Year NOx BACT

Under Model Year BACT you must meet NOx BACT based on the model year of the existing engine as indicated by Table 1.

Table 1: Model Year NOx BACT Compliance Schedule

Compliance Deadline
January 1, of 		Existing Engine Model Year
2013 1994-1999
2014 2000-2002
2015 Pre-1994
2016 2003-2004
2017 2005-2006
2021 2007 or equivalent
2022 2008
2023 2009

For example, if you own a truck with a 1999 model year engine that engine would have to meet NOx BACT by December 31, 2013. However, if you own a truck with a 2003 model year engine that truck would not be subject to NOx BACT until December 31, 2016.

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Model Year PM BACT

Under Model Year BACT you must again meet BACT based on the model year of the existing engine, and shown in Table 2.

Table 2: Model Year PM BACT Compliance Schedule

Compliance Deadline
January 1, of 		Existing Engine Model Year
2011 Pre-1994
2012 2003-2004
2013 2005-2006 and 1994-1999
2014 2000-2002

For example if you own a truck with a 1994 model year engine you would need to install a PM VDECS on that truck by December 31, 2013.

Under Model Year NOx and PM BACT there are no reporting requirements, whereas there are reporting requirements if you use the other compliance options.

Percentage NOx BACT

The second compliance option is BACT based on a percentage of one’s fleet. Unlike Model Year NOx BACT where compliance deadlines are based on the engine’s model year, percentage BACT is based on a percentage of a fleet. The percentage of a fleet that must comply with percentage BACT is given in Table 3.

Table 3: Percentage NOx BACT Compliance Schedule

Compliance Deadline
December 31, of		 Percentage of Fleet that
Must Meet BACT
2013 25%
2014 50%
2015 50%
2016 60%
2017 80%
2020 90%
2023 100%

For example, if your entire fleet were comprised of 1994-1999 trucks under Model Year NOx BACT all those trucks would have to meet BACT by 1/1/2013. However, under Percentage NOx BACT, compliance could be spread out over 10 years.

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Percentage PM BACT

In Table 4 we show the Percentage PM BACT compliance schedule.

Table 4: Percentage PM BACT Compliance Schedule

Compliance Deadline
December 31, of		 Percent of Fleet that
Must Meet BACT
2011 25%
2012 50%
2013 75%
2014 100%

Fleet Average Option

The final option is fleet averaging. Instead of meeting BACT you can also comply with the rule by meeting fleet average emission targets. Here you calculate a fleet average emission rate for each pollutant (PM and NOx). You then calculate another fleet average using engine target emission rates. You have to do this for each compliance deadline. If your fleet average emission rate is equal to or less than your fleet average target rate you comply for that year. If you do not, you must do something to get at or below your fleet average emission rate down (newer engines or trucks, or some type of VDECS retrofit) or meet BACT.

CARB has a calculator to help with the calculations: http://www.arb.ca.gov/msprog/onrdiesel/workshops.htm

Retired Vehicle Credit

In its most recent rule changes ARB added an option for meeting BACT: Retired Vehicle Credit.

  • You document your fleet as it existed on July 1, 2008.
  • For every truck you retire without replacement, based on that July 1, 2008 fleet, you get to treat that vehicle as if it had a 2010 model year engine.
  • The credit expires on 12/31/2013. At that time vehicles given the Retired Vehicle Credit (treated as if they have a 2010 model year engine) would then be removed from the fleet for the purpose of determining rule compliance requirements effective on 1/1/2014.
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Small Fleets: three or fewer vehicles

One vehicle: Exempt to 1/1/2014. By that date if it has a 2004 model year NOx equivalent engine and a qualifying PM VDECS the vehicle would be exempt from further requirements until 1/1/2019 at which time it must meet BACT.

Two vehicles: Exempt until 1/1/2014.

  • Option (A): If on 1/1/2014 one vehicle has a 2004 NOx equivalent engine equipped with PM VDECS that truck would be exempt from further requirements until 1/1/2019; and the other truck must meet BACT based on the model year BACT starting 1/1/2014.
  • Option (B): If on 1/1/2014 one truck has a 2010 model year engine, the other truck would be exempt from BACT until 1/1/2017.

Three vehicles: Exempt until 1/1/2014.

  • Option (A): If on 1/1/2104 one vehicle has a 2004 or newer NOx equivalent engine equipped with PM VDECS that truck would be exempt from further requirements until 1/1/2019; and the other two trucks would be subject to BACT based on the model year BACT starting 1/1/2014.
  • Option (B): If on 1/1/2014 one truck has a 2010 model year engine, and another a 2004 or newer NOx equivalent engine equipped with PM VDECS the third truck would be exempt until 1/1/2016.

Reporting Requirements

Unless your compliance path is Model Year BACT, you are subject to reporting requirements. Compliance reporting is due 30 days after each compliance date and the report is based on your fleet as it exists on the compliance date. For example, for the 1/1/2011 compliance date, you compliance report would be based on your fleet as it exists on that date, and it would be due 1/31/2011.

If you take advantage of the Retired Vehicle Credit option, you would be required to submit fleet data as it existed on July 1, 2008 to ARB by March 31, 2010.

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Adding a New Vehicle

If you were using the fleet average method and add a vehicle it cannot cause you to exceed your fleet average target for the prior year compliance date.

If you were using Model Year BACT, the new truck would have to comply with the BACT requirement for the prior compliance date.

If you were using Percentage BACT the new truck would also have to comply with the percentage of your fleet required to meet BACT on the previous compliance date.

Disclosure

Anyone selling a diesel vehicle would be required to give the buyer notice that the vehicle may be subject to regulation and emission control requirements.

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