CARB Releases Regulatory Update and Collects Substantial Amount of Fines
Recently, the California Air Resources Board (CARB) released a regulatory advisory outlining ways that CARB will recognize good faith efforts to comply and provide early access to expected regulatory changes. The advisory describes steps CARB is taking to assist vehicle owners with the transition to the upcoming January 1, 2014, particulate matter (PM) filter compliance deadline under the Truck and Bus regulation. The overall goal is to:
- Provide additional time for owners to complete their good faith compliance efforts; and
- Provide additional flexibility for many lower use vehicles that operate solely in certain areas of the State.
This advisory has a direct effect on California-based brokers (defined as a company domiciled in the State of California and could include a single agent), who are currently required to ensure the motor carriers that they hire for the arrangement of freight traveling within California are in full compliance.
*In the month of November CARB collected $415,175 in fines from shippers and trucking companies for violations of their air quality regulations.
To qualify and use the compliance options described in the advisory, truck owners must report specific information to CARB through the Truck Regulations Upload and Compliance Reporting System (TRUCRS) by January 31, 2014. While the January 1, 2014 compliance date remains unchanged for most fleets, those owners that register in the TRUCRS and complete one of the following options will not be subject to enforcement until July 1, 2014. The actions include:
- Entered into an agreement with an authorized retrofit installer for a PM filter retrofit;
- Signed a purchase contract and ordered a replacement truck that is equipped with a PM filter (2007 model year engine or newer); and
- Were approved or denied a loan or other financing for a retrofit PM filter or for a replacement truck that is equipped with a PM filter.
Additionally, for truck owners of one to three trucks, CARB has reopened the application process for Proposition 1B Grant funding to replace a truck with a new or newer trucking meeting 2010 or later emission standards. These owners are required to meet certain standards, which can be viewed within the advisory.
Because the proposed amendments to the regulation being developed by CARB staff will not be completed until after the January 1, 2014 deadline, owners are allowed to report into TRUCRS to take advantage of the following anticipated regulatory changes for all vehicles (except school buses) prior to the Board’s April 2014 public hearing. The following options that will be reopened are:
- For vehicles to newly register for the existing low mileage agricultural vehicle extension;
- For vehicles to newly register for the existing low mileage construction truck extension;
- For vehicles to newly register for the existing PM phase-in requirements; The definition of “NOx exempt” areas will be expanded; and
- For the low-use exemption which will be increased for all trucks that are operated a total of less than 5,000 miles per year.
