California Construction Trucking Association (CCTA)

In last month’s magazine, we ran a CARB generated emailed news bulletin on this regulation which was reprinted on page 12 of this magazine. This is another reminder, the first deadlines for the California Air Resources Board (CARB) Truck and Bus Rule are here (actually passed for fleets of 4 or more subject diesel powered trucks). The rule “could” be stopped if we win our injunctive relief legal challenge, unfortunately in a 12-15-11 hearing, the judge indicated that he would not likely agree to our claim in his order. While there is no order yet, an important hearing date on our main summary judgment claim is scheduled for January 26.  

By now each CDTOA/CCTA member should be familiar with the rule’s impact on their truck or fleet, however, we have included below another brief overview of the rule and the 2012 deadlines.

No other industry Association has worked harder with CARB to modify and push-out the deadlines of these regulations. Since at least 1999 CCTA has published many warnings and educational information about all of the many regulations including this one that members are now subject to.

Note: All trucks must have engine control labels (ECLs) in conformance with CARB regulations. The information on these labels is crucial for the reporting requirements of this regulation. Secondly, the responsible party for the truck is the legal registered owner or lessee.

Light-Duty Trucks – For light duty trucks (GVWR 14,001-26,000 lbs.) mostly two axle commercial vehicles such as (some dually’s) service and specialized trucks, street sweepers etc. this is the portion of the rule that will affect many of you too. In previous versions of the rule most of these trucks had to be retrofitted beginning in 2011 and may have needed to be completely replaced beginning in 2013. Now, there are no requirements for these light-duty diesel powered trucks until January 1, 2015.  Also, no reporting is required for these trucks now.

Heavy-Duty Trucks – It’s important to note that these regulations are all based on the engine model year of your vehicle. Many trucks have engine models that are a year older than the vehicle. Commercial vehicles (trucks rated at a GVWR more than 26,000 lbs.) have requirements that began on January 1, 2012:

1996-1999 model year engines.  Engines manufactured in these years can be retrofitted with a DPF Particulate filters depending on your fleet size and compliance option if you report. There may be some problems with high horsepower engines (over 455hp). Note: that because of the age and value of these truck engines, if you have a fleet  of 4 or more, and you own newer non-DPF trucks (2000-2006) that you actually retrofit these later model trucks first as a prudent investment. Under the Phase-in Option, you choose which 30% to be in compliance first this year, 60% next, 90% next, 90% the next year and 100% by 1-1-16.

Heavy-duty trucks with pre-1996 model year engines cannot be retrofitted and therefore have been given “drop dead” dates of 1-1-15 for engines 1993 or older and 1-1-16 for engines 1994 and 1995. After these dates, the truck will not be allowed to be registered through the DMV in this state.

Reporting Requirements for Heavy-Duty Trucks

While reporting to CARB is not legally required for heavy-duty trucks (GVWR more than 26,000 lbs.) that are in compliance with the engine model year schedule and will not be using any of the following credits or extensions, it is still recommend that you in fact report your truck or trucks to CARB. Without reporting, the following “credits, extensions, low-mileage, and pre-purchases” noted below, will not be available to you and it is likely those that dispatch or broker to you will require the reporting information about your truck as they are a financially liable partly to the trucks compliance.

If you plan on using any of the following “credits, extensions, low-mileage, and pre-purchases” before 2017, ‘officially’ you should report your heavy-duty truck or fleet to CARB by January 31, 2012, although CARB unofficially is giving the industry an additionally 60 days to report until March 30:

• PM filter phase-in option – allows an incremental percentage of a heavy-duty fleet (4 or more trucks) to be in compliance (i.e. 30% in 2012, 60% in 2013, 90% in 2014, etc.).  This may be an attractive option for fleets with heavy-duty trucks. Note the CARB rounds up when determining fleet size.
• Downsizing credits – fleets (4 or more) that have eliminated heavy-duty vehicles since October 1, 2006 may claim credits toward the phase-in option. In this economy many companies have reduced their fleets, make sure if you downsized, take all the credits, but you must report your fleet.
• Low-use vehicles – vehicles that operate fewer than 1,000 miles in CA per year may be exempt, but reporting and record keeping requirements apply.
• Low-mileage dump truck vehicles – all dump truck vehicles as defined that operate fewer than 20,000 miles in CA per year may be exempt two additional years, but reporting and record keeping requirements are mandatory.
• Low-mileage construction vehicles – All construction related vehicles as defined that operate fewer than 15,000 miles in CA per year may be exempt two additional years, but reporting and record keeping requirements are mandatory.
• Small fleet compliance option – fleets with 3 or fewer trucks can delay compliance on a heavy-duty 1996-1999 engine model year truck until January 1, 2014.
• Early compliance credits – credits can be claimed for each vehicle greater than 14,000 GVWR that is was equipped with the highest level PM filter that was installed by July 1, 2011.
• Adding cleaner vehicles – credits can be claimed for the addition of certain heavy-duty hybrid, alternative-fueled, heavy-duty pilot ignition engines, and certain propulsion engines equipped with a PM device.
• PM filter extension for NOx exempt area operation – certain exemptions can be granted for vehicles operating exclusively in the following counties: Alpine, Colusa, Del Norte, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Monterey, Northern Sonoma, Plumas, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, Shasta, Sierra, Siskiyou, Trinity, Tehama, and Yuba.  

Additional credits and extensions may be available to you if you report as well; the full rule is available here: www.arb.ca.gov/msprog/onrdiesel/documents/TBFinalReg.pdf.  

Fines for non-compliance can run up to $10,000 per day. CARB utilizes your engine labels to verify compliance and for reporting purposes.  If your engine label is missing, damaged, or not otherwise legible you may be subject to additional fines.  

In order to report to CARB use their website: www.arb.ca.gov/msprog/onrdiesel/reportinginfo.htm;

CARB’s reporting guide can be found at: www.arb.ca.gov/msprog/onrdiesel/documents/tbuserguide.pdf. 

The above information is merely a summary of the regulation and is for purely educational purposes.

Make sure you visit our website, on the homepage, left side, for quick contact links to forms on CARB’s reporting site. Also contact CCTA representatives Betty in Northern California and Rudy in Southern California, Hank for concrete pumps and Greg for heavy-haul vehicles for recommendations or help if you’re a member.

One Last Note:

THE COUNTDOWN: Highway and transit policy runs out in 79 days, FAA in 19 days and DOT funding in 261 days. There are 298 days before the 2012 election. It’s been 835 days (and eight extensions) since SAFETEA-LU expired, and 1,566 days (and 22 extensions) since the last FAA bill.