Truck and Bus Regulation

Background

In December 2008, the California Air Resources Board approved the Truck and Bus regulation to substantially reduce particulate matter, or PM, and oxides of nitrogen emissions from existing diesel vehicles operating in California. There are a number of ways to comply with the Truck and Bus regulation. One of the several provisions designed to give flexibility is based on annual reported mileage of agricultural trucks. The following information describes the basic requirements of the agricultural mileage provision. Also provided below, is the key information on how to comply with the Truck and Bus regulation if you cannot meet the agricultural mileage thresholds or missed the reporting deadline.

What are the provisions for agricultural vehicles?
The agricultural vehicle provisions:

• Delay compliance for vehicles that operate less than specified mileage thresholds and for a limited number of specialized trucks.
• Apply to diesel trucks and buses with a manufacturer gross vehicle weight rating greater than 14,000 pounds, thus excluding pickups.
• Include agricultural vehicles such as trucks and buses owned by log harvest operations or farming businesses and certain trucks that are not farmer owned but are dedicated to supporting agricultural operations.
• Do not apply to truck tractors that enter ports or intermodal rail yards or transport marine cargo. These vehicles must comply with the Drayage Truck regulation.

I have a farming business. What types of vehicles can qualify for the limited mileage extensions?
A farming business is one that operates or manages a farm for profit but does not include farm support businesses such as farm labor companies, or businesses that provide other agricultural services such as farm management on a contract basis. Farming businesses include horticultural, viticultural, aquacultural, forestry, dairy, livestock or bee products and include the cutting or removing of timber, solid wood products and biomass from forestlands for commercial purposes.

Most trucks and buses owned by farming businesses or log harvest operations can qualify if they are used exclusively for growing or harvesting crops for the primary purpose of making a profit or to deliver the harvested crop. Examples include farm trucks used to pick up supplies, mend fences, move cattle, and handle other farming operations, but do not include vehicles that are part of a transportation business or vehicles leased to others for non-agricultural uses.

I am not a farmer. Can my trucks qualify for the mileage based extensions?
Trucks owned by non-farming businesses can qualify if used exclusively in one or more of the following ways:

• Deliver fertilizers or pesticides that require the display of a placard, between a distribution center and the farm.
• Perform work on a farm or forest and are specially designed for specific tasks. Examples include manure spreaders, feed mixers, silage harvest trucks, and bale processors, but do not include support vehicles used to service equipment or to transport workers, equipment or supplies.
• Serve as water trucks used solely on a farm or forest.
• Transport harvested agricultural products between the farm and the first point of processing. Examples include trucks transporting crops from the farm to a packing shed, cotton to a cotton gin, or logs from the forest to the saw mill.

What are the mileage thresholds that apply?
Starting in 2011, all eligible vehicles, except for trucks approved for the specialty agricultural vehicle designation, have to stay below the annual mileage limits to qualify for the extension.

Compliance is extended until 2023 if the vehicle travels less than 10,000 annually. If more mileage is needed, vehicles can be driven as shown in the chart below based on their engine model year until January 1, 2017. By January 1, 2017, these vehicles must comply with any applicable PM filter and replacement requirements like non agricultural vehicles. Starting January 1, 2017, only vehicles that operated less than 10,000 miles every year since January 1, 2011, can continue to have the extension until January 1, 2023, if they continue to operate less than 10,000 miles per year. Vehicles that exceed the mileage limits in any year must comply with the general requirements like other trucks.

What is a specialty agricultural vehicle?
A limited number of trucks were approved for the specialty agricultural vehicle extension that delays compliance with the general requirements until January 1, 2023, without a mileage restriction. No more than 1,100 trucks that operate in the San Joaquin Valley and no more than 2,200 trucks statewide were approved. All specialty vehicles reported by March 31, 2010, were approved for the exemption and additional vehicles were approved after the April 29, 2011, reporting period. The following list of eligible truck types was expanded to include feed trucks used at dairies and lettuce harvest trucks:

• trucks used to transport cotton modules
• farmer owned water trucks
• feed or mixer trucks specifically designed for dispensing feed to livestock
• trucks used exclusively to resupply airplanes or helicopters
• lettuce harvest trucks with self-loading beds

Will I lose the exemption if I need to replace a vehicle?
No, fleets reported to ARB by April 29, 2011 can retain the same number of qualifying vehicles if the engine in the replacement vehicle is at least one model year newer than the one being replaced and the annual mileage limits continue to be met after the replacement vehicle is placed in service.

Can I still take advantage of the agricultural vehicle provision?
The number of qualifying vehicles that were in the fleet on January 1, 2009 had to be reported to ARB by April 29, 2011. Fleets can update and report their information at www.arb.ca.gov/dieseltruck. If you did not report your agricultural fleet information to ARB by April 29, 2011 you can no longer qualify for the agricultural mileage provision and will need to comply with the Truck and Bus regulations explained in paragraphs further below.

What are the labeling requirements for agricultural mileage provision trucks?
Qualifying agricultural vehicles must be labeled with the letters "AG" on the left and right door. Fleet owners were required to permanently affix or paint the letters "AG" in white block lettering that are three inches high on a five inch by eight inch black background by June 1, 2011. The label is to be located on the left and right door of the vehicle and be in clear view at all times. ARB will not issue the label. Contact your local County Farm Bureau as many of them provided stickers for their members.

What do I do if I missed the April 29, 2011 deadline and did not register my agricultural vehicles with ARB?
You will no longer be eligible to sign up for the agricultural mileage provision. Instead, you will need to comply with the regular Truck and Bus rule. The regulation applies to nearly all diesel fueled trucks and buses with a gross vehicle weight rating (GVWR) greater than 14,000 pounds that are privately or federally owned. Other public fleets, solid waste collection trucks and transit buses are already subject to other regulations and are not part of the truck and bus regulation. Trucks that transport marine containers must comply with the drayage truck regulation.

The truck and bus regulation is divided into rules that apply to lighter weight (GVWR of 14,000-26,000 pounds) and heavier weight (GVWR over 26,001 pounds).

What are the compliance requirements for heavier (over 26,001 GVWR) trucks and buses?
Fleets can follow a compliance schedule based on engine model year or use a phase-in option that is more flexible. Starting January 1, 2012, heavier trucks would be required to meet the engine model year schedule shown below.

Fleets that comply with the above schedule would install the best available particulate matter (PM) filter on 1996 model year and newer engines and would replace the vehicle 8 years later. Trucks with 1995 model year and older engines would be replaced starting 2015. Replacements with a 2010 model year or newer engines meet the final requirements, but fleets could also replace with used trucks that would have a future compliance date on the schedule.

For example, a replacement with a 2007 model year engine complies until 2023. By 2023 all trucks and buses must have 2010 model year engines with few exceptions. No reporting would be required if complying with this schedule.

What is the Phase-In option for heavier trucks?
In addition, there is a phase-in option that allows fleets to decide which vehicles to retrofit or replace, regardless of engine model year. Fleets were to report information about all of their heavier trucks starting January 31, 2012, to use this option. Use the following link to determine if you are still eligible to use this option if you missed the January 31, 2012 deadline: www.arb.ca.gov (PDF)

Fleets could comply by demonstrating they have met the percentage requirement each year as shown in the table above. For example, by 2012 the fleet would have needed to have PM filters on 30 percent of the heavier trucks and buses in the fleet. This option counts 2007 model year and newer engines originally equipped with PM filters toward compliance and would reduce the overall number of retrofit PM filters needed. Any engine with a PM filter regardless of model year would be compliant until at least 2020. Beginning January 1, 2020, all heavier trucks and buses would need to meet the requirements specified in the compliance table for heavier trucks.

Are there any credits for fleets that install PM filters early?
Yes. Any vehicle that is equipped with a PM filter before January 1, 2014, could be compliant until 2020 regardless of engine model year. Fleets that install PM filters on all of their vehicles by January 1, 2014 can be exempt from any vehicle replacement requirements until January 1, 2023. Reporting is required to take advantage of these credits.

Are there any credits for adding cleaner engines to the fleet?
Fleet owners can earn credits for vehicle replacements that could delay compliance for other vehicles in the fleet until 2017. Fleets may receive credits if they added more vehicles with 2007 or newer engines than normal by January 1, 2012. Also, fleets that purchase fuel efficient hybrid vehicles, alternative fueled vehicles, or vehicles equipped with pilot ignition engines any time prior to 2017 can also earn credits to delay compliance for another vehicle in the fleet until 2017.

What are the compliance requirements for lighter trucks and buses (14,000-26,000 GVWR)?
Lighter trucks and buses with a GVWR of 14,001 to 26,000 pounds would not have compliance requirements until 2015. Below is the Engine Model Year Schedule for Lighter Trucks table that lists the compliance dates that would apply by engine model year for lighter trucks. Starting January 1, 2015, lighter trucks with engines that are 20 years or older would need to be replaced with newer trucks. Starting January 1, 2020, all remaining trucks and buses would need to be replaced so that they would all have 2010 model year engines or equivalent emissions by 2023. No reporting would be required.

Fleets would also have the option to install a PM filter retrofit on a lighter truck by 2014 to make the truck exempt from replacement until January 1, 2020, and any lighter truck equipped with a PM filter retrofit prior to July 2011 would receive credit toward the compliance requirements for a heavier truck or bus in the same fleet.

Are there other provisions in the regulation to address special cases?
The regulation also has a number of provisions or delays for low-use vehicles, agricultural vehicles (provided above), log trucks, small fleets, low mileage construction trucks, and vehicles operated in cleaner areas of the state. To determine which provisions you may still opt in to and what the reporting deadlines are, please see the applicable informational document at www.arb.ca.gov/msprog/onrdiesel/documents.php.

If I decide to sell my vehicle, do I have to notify the buyer of the requirements of this regulation?
Yes. Any person selling a vehicle subject to the Truck and Bus Regulation must provide a specific disclosure statement in writing to the buyer on the bill of sale, sales contract addendum, or invoice. See Regulatory Advisory 416 at www.arb.ca.gov/enf/advs/advs416.pdf (PDF).

Is incentive money available?
There are a number of incentive funding programs that provide grants, loans, or vouchers to help truck and diesel equipment owners with the purchase of cleaner trucks and equipment to achieve additional emissions reduction before required to comply with existing regulatory requirements. Since funding and qualification may be limited, equipment owners are encouraged to apply as early as possible to maximize potential funding options. Funding programs and availability vary by air district; however some air districts can obtain funding programs to pay a significant portion of retrofit costs or up to tens of thousands of dollars towards truck replacements. In addition, loan assistance for small businesses may be available to help purchase trucks, or install PM filters. For more information on incentive funding visit the TruckStop website at: www.arb.ca.gov/truckstop.

For More Information

Additional Fact sheets and information are available at www.arb.ca.gov/dieseltruck by calling (866) 6DIESEL (866-634-3735) or email 8666diesel@arb.ca.gov. A two page summary of the agricultural provisions as shown here can be downloaded and printed (PDF).