Approved - Proposed Amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation

The In-Use Off-Road Diesel-Fueled Fleets Regulation (Off-road Regulation) was initially adopted in 2007 and applies to essentially all off-road vehicle operation in the state except agricultural, military, and personal use. Despite resistance from Associations representing the construction and mining industries, on November 17, 2022 the California Air Resources Board (CARB) adopted sweeping amendments to the Off-road Diesel Regulation. These amendments are expected to further reduce emissions from the operation of off-road diesel vehicles mainly by phasing out the oldest and dirtiest vehicles, those that are Tier 0, Tier 1 and Tier 2.

Fleets subject to the regulation will be required to phase out the use of vehicles with certain tiered engines on January 1 of the year indicated in the following schedule:

Fleets subject to the regulation will also be banned from adding vehicles with certain tiered engines on January 1 of the year indicated in the following schedule:

The amended regulation also combines the permanent low use and year by year low use exemptions into one low use provision. This updated provision is a permanent designation allowing a 200 operating hours per year rolling average over three (3) years.

In addition, the amendments to the Off-road Diesel Regulation mandates the use of renewable diesel (R99) in all diesel vehicles for most fleets in the state on January 1, 2024.

Government agencies and prime contractors also get additional reporting and record keeping requirements for the vehicles their subcontractors bring onto projects.

Like the original Off-road Diesel Regulation, portions of these amendments, the phase-outs and the bans, will require a waiver from the US Environmental Protection Agency (USEPA) to become enforceable by CARB. Last time it took the USEPA more than two years to issue the waiver.

For more information: https://ww2.arb.ca.gov/rulemaking/2022/off-roaddiesel.