California Construction Trucking Association (CCTA)

Small fleets can keep 2003 and older engines after 2013 if a filter is added

CARB staff will likely sell a variety of changes to the Board to slow the Truck Rule when the Board meets on December 16 & 17 at Sacramento. With the revised emissions inventory (pushed by CDTOA and allied associations), CARB staff discovered that emissions are down by at least 30%. That gives them room to recommend to the Board changes that they say will reduce costs by 60% and delay the truck replacement requirements, allowing the economy to hopefully recover.

NOx Delay - Key amongst the changes is that the aspect of the requirement concerning oxides of nitrogen (NOx) has been pushed out toward 2020 to 2022. You may recall that it was the NOx part of the rule that was forcing the purchase of 2010 engines. With the focus now shifted toward diesel particulate matter (PM), small fleets (one to three trucks) may delay replacement until 2020 if a diesel particulate filter is purchased by 2014 (see “Small Fleets” table). Large fleets (four or more trucks) have a less aggressive pace to follow, with the “phase-in” approach not starting until 2011 and the end date kicked out two years to 2016 (as opposed to the 2014 deadline in the current law). Although many still argue that no rule is a good rule, the changes are significant and all truck owners need to reevaluate their compliance options. Key elements of the rule changes are described here.

“Size Matters” - One of the major changes coming from the emissions inventory work is that the rule is proposed to set a bar at 26,000 lbs. gross vehicle weight rating (GVWR). So, fleets of all sizes that own diesel trucks with a 14,001-26,000 lbs. GVWR can remove those from the “baseline” and deal with them on a delayed schedule. The amended regulation would exempt these lighter diesel trucks from meeting particulate matter (PM) filter requirements and would delay the first replacements for all trucks until 2015. This pushing out of the NOx requirement will lower the early costs for many fleets when compared to the existing rule. No engine less than 20 years old would need to be replaced until January 1, 2020 for these Class 4 to 6 trucks (i.e. a GVWR more than 14,000 lbs. and less than 26,001 lbs.). These trucks do not count toward the three-truck limit for a “small fleet” in the existing rule, and there are no requirements until 2015. Trucks must be replaced when they are 20 years old, starting in 2015 until 2020 and all must have 2010 engines by 2023.

“Small Fleet” Changes - For the owner of one dump truck (i.e. with a Class 7 and 8 weight rating) to take advantage of the small fleet provision, a report to CARB is required by January 2012, if that vehicle is required to install a PM filter before 2014 (as shown in the chart). Once a DPF is installed by the 12/31/2013 deadline, that engine and filter combination may run until 2020. As discussed at this month’s meetings in La Quinta, there are costs and difficulties associated with the DPF choice, installation, and maintenance, so doing your homework for your particular truck is essential. CDTOA’s Executive Committee is evaluating the timing of a presentation to the members on this, which could occur as early as February.

Owners of two to three trucks must put a filter on one 2006 or older engine by January 1, 2014. By January 1, 2015, two vehicles must meet PM BACT (meaning they have to have PM filters installed), and by January 1, 2016, all vehicles must meet PM BACT. Beginning January 1, 2020, the fleet must comply with BACT compliance schedule for large fleets (shown below).

“Large Fleet” BACT Schedule - For Class 7 and 8 trucks (i.e. those with a GVWR of more than 26,000 lbs.) there are two options for fleets of four or more trucks in these weight classes. The first is similar to the “BACT Schedule” in the existing rule, which really is a ban by engine model year. The schedule requires PM filters to be installed in 2012 to 2014 on 1998 to 2006 model year engines. Twenty-year-old or older engines are banned from 2015 to 2020, and all trucks must have 2010 engines by 2023. The chart below provides the date by which a retrofit is required in order for that engine to continue to be legal.

There is an optional “phase-in” for larger fleets - You may recall that what CARB called the “percent limits” schedule in the current rule called for PM compliance at 25% of the fleet per year with all trucks with a DPF installed, or a 2007 engine by 2014. Now the first compliance deadline is the end of 2011. At increments of 30% per year, the fleet owner can take credit for downsizing and retired vehicles. The last 10% of the fleet would comply by 2016. There is also a “double credit” provision that can benefit fleets that can afford filters by July 2011 and parlay that into a delay until 2017 for trucks that can remain without a filter.

“Large Fleet” Phase-in Option: The phase-in option for fleets with four or more vehicles with a GVWR greater than 26,000 lbs. provides fleets with an alternative compliance option to phase-in the requirements from January 1, 2012 to January 1, 2016. This is similar to the “percent limits” options in the existing rule. To utilize this option, fleets must report their fleet information by January 31, 2012.

With this option, fleets must comply with PM BACT by bringing 30% of the fleet into compliance by January 1, 2012, 60% by January 1, 2013, and 90% by January 1, 2014. By January 1, 2016, the remaining 10% of the fleet must comply with the BACT compliance schedule. Fleets utilizing this provision must report fleet information including all vehicles. This provision expires on January 1, 2016.

In summary, there is some major rule restructuring which will significantly reduce costs for many of the fleets we are working with. I encourage you to analyze your fleet and call me, Sean, with any questions at (916) 718-7050.