May 03, 2010

March 17, 2010

February, 26, 2010

The Air Resources (ARB) has issued an advisory providing clarification regarding enforcement of the In-Use Off-Road Diesel Vehicle Regulation.   In summary, because of the continuing effects of the economy on industries that use off-road diesel vehicles, in particular the construction industry, and because ARB currently lacks authorization from the United States Environmental Protection Agency (U.S. EPA) to enforce certain aspects of the regulation, effective immediately, no enforcement action will be taken for noncompliance with the March 1, 2010 emission performance provisions of the regulation, which include:

•  Requirements for vehicle retrofit and replacement
•  Limitations on adding higher emitting Tier 0 and Tier 1 vehicles
•  Requirements for new fleets to meet fleet average targets

During this enforcement delay, fleets will not be retroactively cited for non-compliance with these provisions.  This enforcement delay will remain in place until U.S. EPA grants authorization to California to enforce all provisions of the regulation.  At that time, ARB will provide fleets with up to an additional 6 months to comply with all requirements, as we’ve done previously with other regulations.

However, all other provisions of the regulation not requiring U.S. EPA authorization, including the labeling, reporting and idling limits, remain in effect and are enforceable.

More information and a copy of this enforcement advisory are available at http://www.arb.ca.gov/enf/advs/advs414.pdf

This advisory is being issued in coordination with ARB staff’s continuing evaluation of the emission impact of current economic conditions.  As part of that effort, in late summer 2010, the Board will consider additional amendments to both this regulation and the Truck and Bus Regulation that would be designed to provide additional regulatory relief to affected fleets while still achieving California’s clean air commitments.

Also, in support of this evaluation, a hearing will be held in Sacramento on March 11, 2010, before the ARB’s Executive Officer to take testimony and other relevant information on the need for further amendments to the regulation to address the economic recession confronting the State and the adverse impacts that the recession has caused the construction and other industries that operate off-road vehicles.  As the Board has already directed staff to provide an update on the regulation at its April 2010 meeting, any information and testimony collected at this hearing will be compiled and included as part of that update.  A public hearing notice for this meeting will be released shortly.

Legislators 'urge' the California Air Resources Board to "Back Off"

• 15-Day Notice of Public Availability of Modified Text (PDF- 97K)
• Attachment 1 ~ Staff's Suggested Modifications to the Proposed Regulation for In-Use On-Road Diesel Vehicles Presented at the December 2008 Board Hearing (PDF- 312K)
• Attachment 2 ~ Staff's Suggested Modifications to the Original Regulatory Proposal as Presented to the Board at the December 2008 Board Hearing  (PDF- 15K)