California Air Resources Board (CARB)
Diesel Regulations
CMSA President
Stephen J. Weitekamp
October 15, 2013
I am not here to discuss ways to avoid the rule
or game the system.
Google’s Executive Chairman Eric Schmidt recently stated:
 “There were 5 exabytes of information created by the entire world between
the dawn of civilization through 2003 … Now that same amount is
created every two days … the growth rate, of course, is accelerating…”
My takeaway is that it’s getting ever easier for
regulators to find those not in compliance.
CARB Summary
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Thousands of HHG tractors will become illegal in California in
2.5 months and thousands of bobtails forced to phase out by 2015.
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Thousands of flat floor trailers are illegal now.
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Van lines and agents that fail to verify that compliant equipment is
being dispatched have exposure to retroactive penalties today as well
as every load dispatched going forward.
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There are severe consequences to our industry if we fail to confront
and overcome this problem.
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If you depend on revenue from California activity, then you need to
be part of the dialogue and solution.
CARB REGULATION OUTLINE
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CARB in the News
Diesel Rules
Vehicle Inspections
 Emission Control Labels
 Diesel Particulate Filter
 Excessive Smoke Inspection
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Idling Limitation Rule
On-Road Diesel Engine Requirements
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Compliance
Reporting
Sales Disclosure
Exemptions, Extensions & Credits
Fines and Penalties
CARB in the News
Left-Coast Gamble: CARB Forces Tough Yearend Decision
for Many Owner-Operators
Source: Overdrive Online from September 27, 2013
 “If staying out of California is your strategy, know that it’s
something of a gamble in terms of the rest of the country…”
 “As regards clean air laws, ‘what starts in California ends up
running across the United States,’ Bill McClusky, maintenance
consultant for business services provider.”
 "Given the large pre-buy of 2006 model-year engines, many of
which ended up in 2007 model-year trucks, Joe Rajkovacz,
government affairs director at the California Construction
Trucking Association, estimates somewhere between 70% and
90% percent of the diesel vehicle population will be exposed to
the regulation.”
Left-Coast Gamble: CARB Forces Tough Yearend Decision
for Many Owner-Operators
Source: Overdrive Online from September 27, 2013
Air Board has Allies in Diesel Pollution Crackdown: Truckers
Source: Los Angeles Times from September 15, 2013
 “As state air pollution officials step up inspections of diesel exhaust
from big rigs, some of their best allies are truckers themselves.”
 Michael Shaw, a spokesman for the California Trucking Assn, said:
“Companies have invested millions of dollars only to be undercut by
carriers that are choosing not to comply because they figure they
won't get caught…”
 "Truckers are also the No.1 tipsters, placing anonymous calls and
sending emails to finger competitors they say are gaining an unfair
advantage by not upgrading their engines or installing expensive filters
that capture harmful diesel particulates before they are released into
the air.”
California Air Resources Board Cracks Down on Big Rigs
Source: Sacramento Bee from September 18, 2013
 On Sept. 17, “two ARB inspectors were checking big rigs
southbound on Highway 99, just north of the split with
Interstate 5, to see if they were complying with the
agency’s requirements.”
 “For the 57 trucks pulled over at the spot [on Sept. 17],
eight citations were issued.”
 “For the first six months of 2013, the agency has conducted
about 3,100 inspections of trucks and buses in the state and
has issued about 390 citations.”
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Commercial Diesel Rules
What Diesel Rules Apply to You?
 How many diesel vehicles do you own?
 What is the fully loaded or gross vehicle weight rating of your
vehicle(s)?
 What is the engine model year(s)?
 Do you own any 53-foot box-type or longer trailers or tractors
that pull them? How many?
Gross Vehicle Weight Rating (GVWR)
The GVWR is assigned by the vehicle manufacturer and represents the
maximum weight of the vehicle and what it can carry when fully
loaded. The GVWR includes the weight of the vehicle itself plus fuel,
passengers, cargo, and trailer tongue weight. The label that identifies
the GVWR is typically located on
the driver's door post.
The GVWR is not the same as the
unladed weight, gross combined
weight rating, or registered
weight rating.
Commercial Vehicle Inspection
Roadside Inspections
Vehicle Inspections
Vehicles can be inspected anywhere and anytime in California,
such as:
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CHP scales or inspection facilities
Ports
AG inspection stations
Rail yards
Distribution centers
Truck stops
Rest areas
Random roadside locations
Place of business
Vehicle Inspections
The inspector will:
1. Ask driver for driver’s license and proof of vehicle registration.
2. Verify that the vehicle has no outstanding violations.
3. Conduct a visual snap test for excessive smoke. (If vehicle does not
pass visual opacity test, inspector will conduct another test using a
smoke opacity meter.)
4. Instruct driver to open the hood of the vehicle to review the Emission
Control Label and evidence of emission control system tampering.
Vehicle Inspections (continued)
5. Determine if vehicle meets applicable regulations and meets
reporting requirements for Truck and Bus Rule.
6. Check for a Diesel Particulate Filter (if required). The inspector will
see if the filter is properly installed and labeled.
7. Check the warning lights on the vehicle’s dashboard.
8. Inspect for illegal diesel fuel and will check the fuel tanks.
Emission Control Labels
ECL must be:
Installed by dealer or manufacturer
 Legible
 Correct for the engine (correct engine family)
 Label must show engine was certified to U.S. EPA emissions
standards
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Emission Control Labels
Emission Control Labels
Correcting a Missing/Illegible ECL
Violation
•
Contact the dealer to order a replacement label.
•
Dealer will affix ECL to engine in a location specified by the
engine manufacturer. (Vehicle owner cannot affix replacement
labels.)
•
Keep invoice in vehicle until replacement label is installed.
Diesel Particulate Filter Labeling
The Diesel Particulate Filter (DFP) Label contains:
 Mfr name, address, phone number
 DECS family name
 Serial number
 Month/year Mfr
Visual Inspection – Excessive Smoke
Visual Snap Acceleration Test:
The inspector will visually check spoke opacity with the driver
0.10
accelerating the engine rapidly in the neutral position with the
wheels blocked.
0.07
0.06
0.05
0.04
0.03
0.02
0.01
0.00
0.0
1.0
2.0
3.0
4.0
Periodic Smoke Inspection Program
(PSIP) Applicability
• Fleets of 2 or more California-based diesel vehicles with a GVWR
more than 6,000 lbs.
• Vehicles with engines more than 4 years old.
GWVR (lbs.)
Mfr. Year
6,00014,000
1998 and
newer
6,00014,000
1998 and
newer
6.00014,000
1997 and
older
> 14,000
Any MY
>4
Years
Old
NonAttainment
Biennial
Attainment
Smog
Check
X
Annual
PSIP
X
X
X
Biennial
PSIP
X
X
X
X
X
X
X
Illegal Diesel Fuel
• Check for use of dyed fuel (off-road agricultural use diesel fuel) or
high sulfur fuel.
• Positive test – referred to Board of Equalization (BOE) and IRS.
Illegal Diesel Exhaust Fluid (DEF)
Check for appropriate DEF and proper use of DEF.
Commercial Vehicle Idling
Limitation
Idling Limitation
There is a 5-minute idling limit for diesel-fueled commercial vehicles
with a GVWR greater than 10,000 lbs.
Exceptions:
 Testing, servicing, repair
 Queuing
 When operating a power take-off (PTO) device
 Certified clean idle vehicles with clean idle label
Idling Reduction Technologies
Available
• Certified clean idle engine –Truck meets optional NOx idling
emission standard
• Battery-powered auxiliary power systems
• Diesel-fueled auxiliary power unit
• Fuel-fired heaters
• Truck stop infrastructures that provide heating, cooling and
electricity
On-Road Diesel Engine
Requirements
On-Road Diesel Engine Regulation
The vehicle owner shall comply with all applicable requirements and
compliance schedules set forth in this regulation.
Any in-state or out-of-state motor carrier, California broker, or any
California resident who operates or directs the operation of any
vehicle subject to this regulation shall verify that each hired or
dispatched vehicle is in compliance with the regulation and comply
with the recordkeeping requirements.
Compliance may be accomplished by keeping at the business
location, a copy of the Certificate of Reported Compliance with the
In-Use On-Road Diesel Vehicle Regulation for each fleet or in the
vehicle.
Truck and Bus Regulation
Applies to Private and Federal Fleets
Diesel trucks and buses with a GVWR over 14,000 lbs. that
operate in California, including:
 Any person, business or government agency who owns,
leases, rents or sells a vehicle in California
 California-based brokers and dispatchers
Exclusions:
 Emergency vehicles, military tactical vehicles, personal-use
motor homes, personal-use pickup trucks with a GVWR
19,500 lbs. or less, historic wheels
 Most vehicles subject to other in-use regulations
 Two-engine vehicles greater than or equal to 50 hp (except
two-engine street sweepers)
On-Road Diesel Engine Regulation
• Engines must be upgraded to 2010 MY engine technology or
removed from fleet by 2023.
• Heavier trucks (26,001 lbs. GVWR and greater) are required to
have a PM filter installed to comply.
Compliance: Terminology
What is a PM Filter?
A PM Filter is the highest level retrofit (greater than or equal to 85% PM
reduction). It’s originally equipped on most 2007 MY and newer engines.
What does the term “2010 model year (MY) engine*” mean?
The 2010 model year engine is an engine certified to 2010 MY emission
standards.
*or equivalent
Weight Classes
Engine Model Year Compliance
Schedule for Lighter Vehicles
Starting January 2015, 1995 and
older MY engines must meet
2010 MY engine requirement.
Schedule for Lighter Trucks and Buses
Engine Year
2010 MY Engine
1995 and older
January 1, 2015
• No reporting required.
1996
January 1, 2016
• There are limited flexibility
1997
January 1, 2017
1998
January 1, 2018
1999
January 1, 2019
2003 and older
January 1, 2020
2004-2006
January 1, 2021
2007-2009
January 1, 2023
options.
Engine Model Year Compliance
Schedule for Heavier Vehicles
CARB inspectors will check for compliance
with the engine MY schedule!
Schedule for Heavier Trucks and Buses
Engine Year
PM Filter
2010 MY Engine
Pre-1994
Not required
January 1, 2015
1994-1995
Not required
January 1, 2016
1996-1999
January 1, 2012
January 1, 2020
2000-2004
January 1, 2013
January 1, 2021
2005 or newer
January 1, 2014
January 1, 2022
2007-2009
Already equipped
January 1, 2023
No reporting required.
Compliance:
Exemptions, Extensions & Credits
If your fleet does not meet the requirements of the engine model year
schedule, CARB inspectors and staff conducting fleet audits will verify
the fleet has reported to use flexibility options, which include:
 Phase-In Schedule
 Small Fleet Option
 Low Use Vehicles
 NOx Exempt Areas
 Three Day Pass
 PM filter extension
Compliance: Phase-In Option
Vehicles with a GVWR greater than 26,000 lbs.
Credits (opt-in period closed):
Downsizing
 Age Reduction
 Hybrid/Alternative Fuel
 Off-Road retrofits
 Early PM retrofit
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Phase-In Option for Heavier Trucks
Compliance Date
Vehicles with PM
Filters
January 1, 2012
30%
January 1, 2013
60%
January 1, 2014
90%
January 1, 2015
90%
January 1, 2016
100%
Reporting is required to use this option
(opt-in period closed).
Compliance:
Phase-In Option Checklist
• Report fleet information to CARB by January 31 annually.
• Meet requirements of the Phase-In Schedule.
 60% of fleet must have PM filter installed by January 1, 2013,
unless using credits or other extensions.
• Update records annually.
• Make records available to CARB upon request.
Small Fleet Provision
“Fleet Size” means the total number of diesel vehicles with a GVWR
greater than 14,000 lbs in a fleet, regardless of whether the vehicles
operate in California, that are under common ownership or control
even if they are part of different subsidiaries, divisions, or other
organizational structures of a company or agency.
Small Fleet Provision
3 or fewer trucks >
14K GVWR
Delays PM filters for
heavier trucks
2014 - 2016
Must report
Must meet engine model
year schedule starting
January 1, 2020
Compliance: Small Fleet Option
for Heavier Trucks
This option applies to fleets with 3 or fewer trucks with a GVWR
greater than 14,000 lbs. The option delays PM filter requirements
until 2014 for heavier trucks and requires reporting.
Small Fleet Option Reporting Schedule for Heavier Trucks
Engine Year
Reporting Deadline
1996-1999
March 30, 2012
2000-2004
January 31, 2013
All other engine years
January 31, 2014
Compliance:
Small Fleet Option Checklist
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Verify fleet size as 3 or fewer vehicles under common ownership
and control.
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Report to CARB based on engine model year.
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Install first PM filter on one heavier truck by January 1, 2014.
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Meet engine model year schedule, starting January 1, 2020, or
later.
 Single vehicle owner operators have until 2023 if they report a
PM filter is installed by January 1, 2014.
Compliance:
Low Use Vehicle Exemption
 Vehicles must travel less than 1,000* miles per year in California.
 Report to CARB by January 31 of the compliance year the
provision is first used.
 Verify mileage is reported correctly.
 Report mileage annually.
 Install functioning odometer/hour meter.
 Hub odometer must be non-resettable with lock out feature and
serial number.
 Keep documents if deducting emergency support use to stay below
mileage limitations and/or operating a low-use vehicle out of state.
Compliance:
Reporting Requirements
• Reporting is required for all vehicles using regulatory flexibilities.
• Must be completed by January 31 annually.
 Changes to the fleet must be reported within 30 days.
• Report online using Truck Regulation Upload, Compliance, and
Reporting System (TRUCRS).
• What information should be reported?
 Basic vehicle information, engine information, company
information, contact, flexibility-based information
Online Reporting
Compliance:
Sales Disclosure Requirement
Sellers must provide disclosure in writing to the buyer on the bill
of sale, sales contract addendum or invoice that reads:
“An on-road heavy-duty diesel or alternative-diesel vehicle operated in California
may be subject to the California Air Resources Board Regulation to Reduce
Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty
DieselVehicles. It therefore could be subject to exhaust retrofit or accelerated
turnover requirements to reduce emissions of air pollutants. For more information,
please visit the California Air Resources Board website at
http://www.arb.ca.gov/dieseltruck.”
Compliance:
Recordkeeping Requirements
Fleets must submit records to CARB upon request, including:
 Verified PM retrofit filters
 Bill of sale with date of purchase, maintenance records
 Proof of ownership
 Title, registration or bill of sale
 Proof of operation
 IRP records, GPS tracking records, DMV or other law enforcement
permits, bill of lading or other documentation of dispatch
 Changes since last reporting
 Bill of sale, purchase orders, maintenance records or other
documentation
Compliance:
Broker/Dispatcher Checklist
• Must verify that each hired or dispatched vehicle is in
compliance with the regulation
 Check vehicle engine model year with engine model year
compliance schedule
— Ask for certificate of reported compliance
— Use lookup feature in TRUCRS
• Must keep records
 Bills of lading and other documentation identifying who
dispatched the vehicle and the vehicle that was dispatched
Non-Compliance:
Fines and Penalties
The purpose of CARB’s fines and penalties is to promote compliance
with the law, deter violators, and provide a fair and consistent playing
field. The fines and penalties include:
 $300-$10,000 per vehicle per day
 Collection proceedings
 Liens on real estate, personal property or assets
 DMV Vehicle License Title Stop (VLT)
 CHP impound
 State Controller – state agency payment offset
 Franchise Tax Board – tax offset
Non-Compliance: Fine Factors
Fines are determined by:
 Extent of harm caused by the violation
 Magnitude of non-compliance
 Compliance history – length of time of non-compliance
 Attempt to comply
 Willfulness of the violation
 Cooperation during the investigation and mitigating
circumstances
 Financial burden
Pacific Green Trucking, Inc. Case Settles for $31,800.00
Source: CARB website from September 2013
“An investigation by the California Air Resources Board (CARB)
showed that PACIFIC GREEN TRUCKING violated the Drayage
Truck Regulation by dispatching noncompliant trucks to railroads
and failed to properly self-inspect their diesel trucks to assure the
trucks met state smoke emission standards. ARB documented
violations as they related to the Periodic Smoke Inspection Program
(PSIP) and the Drayage Truck regulation. To settle the case, PACIFIC
GREEN TRUCKING agreed to the $31,800.00 penalty and to
comply with the PSIP Program and Drayage Truck Regulation.”
Pacific Green Trucking, Inc. Case Settles for $31,800.00
(Continued) – Drayage Violations
Source: CARB website from September 2013
“The per vehicle penalty for the drayage violations involved in this
case is a maximum of $1,000 per vehicle per day for strict liability
violations or $10,000 per vehicle per day for negligent or
intentional violations pursuant to HSC section 39674. The penalty
obtained for the drayage motor carrier violations involved in this
case is $20,800: $6,000 for operating 6 non-compliant trucks at
$1,000 per truck, $10,300 for dispatching non-compliant trucks
103 times at $100 per dispatch, $4,500 for dispatching 9 vehicles
not registered in the drayage truck registry for the years 2011 at
$500 per truck.”
Fight Non-Compliant Movers
by Informing the Public
In addition to reporting on non-compliant carriers as the “Air
Board has Allies” article has shown, compliant companies can also
inform customers about the issue.
Communications should include:
• A general description of the CARB regulations in effect.
• Inform consumers how to verify that moving companies are
CARB-compliant.
• Inform consumers on what steps your company has taken to
abide by the regulations.
About CARB
CARB’s authority includes:
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California Health and Safety Code
California Vehicle Code
Working in conjunction with the CHP
Agreements with various air districts and ports
Contact CARB
For more information about CARB regulations, truck owners can contact
the agency at:
CARB Diesel Hotline
(866) 6DIESEL or (866) 634-3735
CARB Diesel Hotline Email Address
8666diesel@arb.ca.gov
Smoking Vehicle Complaint Hotline
1-800-END-SMOG
Non-Compliant Carrier Complaint Hotline
1-800-EXHAUST
Truck owners can also visit CARB’s websites at:
Enforcement Program
www.arb.ca.gov
Truck Stop
www.arb.ca.gov/truckstop
Contact Information
Stephen J. Weitekamp, President
sweitekamp@thecmsa.org
California Moving & Storage Association
10900 E. 183rd Street, Suite 300
Cerritos, CA 90703-5370
Phone: (562) 865-2900,
(800) 672-1415 (State of California only)
Fax: (562) 865-2944
Visit us online at www.thecmsa.org!
CleanFleets.net
Sean Edgar, Director
sean@cleanfleets.net