California Construction Trucking Association (CCTA)

You can’t believe the misinformation swirling around nowadays

The answer to CARB’s “Final Jeopardy” show this week is: “Who was Tariq Aziz?” Many of you may recall that he was Saddam Hussein’s Minister of Disinformation (the term comes from false or inaccurate information that is deliberately disseminated in order to influence public opinion) who had the gift of twisting the facts around so elegantly for so many years that he became a celebrity of sorts. As one who attended the December 17, CARB hearing, I have fielded dozens of calls and emails reflecting misunderstandings of major changes to the Statewide Truck and Bus Rule. This article has been prepared to set the record straight and also to correct a last-minute change at the hearing that missed last month’s article (i.e. CARB staff accelerated the action date for 1996-1997 engines owned by fleets of four or more).

What did not happen (and what did):

• There was no four-year delay to the Truck Rule (the Off-road Rule start date was delayed four years only)
• There was no permanent exemption for 1997 and older diesel engines (when in a truck that is 14,000 lbs. GVWR or less, these engines are exempt from a new Smog Check requirement)
• There was no commitment by CARB to hold a hearing at a later date to decide when to enforce the Rule (other than the “Lower-Use Construction Trucks” definition expected by next month (March), the Rule is in effect and all fleets allowed credits or extensions under the Rule must report in 2012)
• There was no commitment by CARB that grant funds will pay for compliance (the funds for “goods movement” can only pay for early action and will dry up two to three years before your truck’s compliance date)

As a matter of the CARB legal process, the Board approved all of the weight limits and timelines summarized below with the exception of a new “two-year deferral for lower-use construction trucks” up to 15,000 miles per year.  The intention of the exemption is to allow an additional two years of life for dump trucks beyond the deadlines in the Small Fleet, BACT, or Phase-in timelines described below. The specific language will be the subject of a new public posting of language for public comment in February or March 2011. CDTOA will review the language when available and remains focused on delivering the maximum relief available to dump truckers. Your input is needed on whether a 15,000 mile per year cap is meaningful to our industry and whether it helps or not. We had lobbied for 20,000 miles per year.

Adopted Compliance Dates for Small Fleets

Small fleets may delay meeting the particulate matter (PM2.5) requirements until January 1, 2014, and for the 2010 engine or equivalent emissions requirement, until January 1, 2020 for trucks in their small fleet with a GVWR greater than 26,000 lbs., provided they follow the deadlines:

• January 31, 2012: Small fleets (one to three vehicles greater than 14,000 lbs. GVWR) with 1996-1999 model year engines that do not have diesel particulate filters (DPFs) by January 1, 2012, must comply with the reporting requirements to utilize the option to delay action until 2014.
• January 1, 2013: Small fleets with 2000-2004 model year engines that do not have diesel particulate filters (DPFs) to report by January 31, 2013 to utilize the option to delay action until 2014.
• January 1, 2014: Small fleets must have one vehicle comply with particulate matter (by adding a DPF on a 2006 or older engine, buying a 2007 or newer engine or retiring the engine).
• January 1, 2015: Small fleets with two and three trucks must have two trucks comply with particulate matter (by adding a DPF on a 2006 or older engine, buying a 2007 or newer engine or retiring the engine).
• January 1, 2016: Small fleets with three trucks must have the third truck comply with particulate matter (by adding a DPF on a 2006 or older engine, buying a 2007 or newer engine or retiring the engine).
• January 1, 2020: Small fleets that own 2009 and older engines must retire those engines and buy a 2010 engine. Perhaps at that time, a filter system could be available to make a 2009 or older engine equivalent to the 2010 engine emissions, however that is only speculation at this time.

“Lower-use Construction Trucks” Mileage Cap for Additional Delay

CDTOA and its industry allies continued to press CARB staff for an additional delay up to the hearing date. With conceptual language introduced by CARB staff the day prior to the hearing, the Board approved a 15,000-mile annual limit for construction trucks to be eligible for an additional two-year “deferral” of the upgrade requirement. CDTOA will have a role in crafting the final language, and no additional hearing by CARB is expected to finalize the language in February or March 2011. Again, we pushed for 20,000 miles.

Note: Small fleet owners using any of the delays must comply with the detailed truck and engine reporting and recordkeeping requirements listed in the Rule (available on the CDTOA website).

Adopted Compliance Dates for Fleets of Four or More

Fleets of four or more trucks greater than 14,000 lbs. GVWR must meet either the BACT schedule or the Phase-in option described in the charts on the page across.

The first date to demonstrate compliance is December 31, 2011. The BACT schedule requires that the specific engine model year be modified to meet the particulate matter filter requirement in the designated year.

Alternately, these fleets may apply a phased approach by the end of the year designated by retiring or selling the engine, adding DPFs to 2006 or older engines, buying 2007 or newer engines, or by taking downsizing or alternative fuel or hybrid truck credits.

Class 4 to 6 Trucks (i.e. a GVWR more than 14,000 lbs. and less than 26,001 lbs.)

The amended regulation exempts diesel trucks in this weight range from meeting particulate matter (PM) filter requirements starting in 2011. The first replacement deadline for trucks in these weight classes is 2015, when engines that are 1994 and older must be retired. Thereafter, no engine less than 20 years old would be replaced until January 1, 2020. Between 2020 and 2023, all 2001 to 2009 engines are retired, and all trucks in this weight range must have 2010 engines by 2023.

Conclusion

While the summary above is not intended to reflect every possible compliance scenario in the 75-page Rule text that was adopted on December 17, 2010, it is hoped that it provides clarity for the CDTOA members to whom it is directed. This has been an extremely complicated process in which construction trucks (with low miles up to 15,000/yr.) have been granted some additional delays.

Make no mistake that this is still an aggressive and costly rule, and CleanFleets.net is available immediately to begin the planning and reporting process as we have for more than 150 fleets over the past ten years.

Please contact Sean at (916) 718-7050 with any questions related to this article or the regulations.

Visit us on the web at: CleanFleets.net