California Construction Trucking Association (CCTA)

CCTA members were reminded in January to report to CARB in order to obtain their 2013 CARB certificate of reported compliance and maintain time extensions for low mileage construction trucks (LMCTs) or the “phase-in” compliance paths. If you are reading this and missed the January deadline, CleanFleets was informed in March that late reporting will be allowed and the fleet owner will be assessed a late reporting penalty (initially $500 we are told). Members needing assistance with late reporting should email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

By Sean Edgar, CleanFleets.net

California’s new clean air laws required CCTA members with 1996-2004 engines in heavy diesel trucks to have filters installed by the end of 2012 unless the fleet owner registered with CARB to “phase-in” or take other fleet credits or time extensions. A California-based manufacturer, Cleaire Emissions Controls was a market leader expected to supply the filters that CCTA members need to keep any 2006 or older engines on the road when their retrofit date hare arrived. If you have not heard, Cleaire has ceased operations and the next few months will determine the future landscape for fleet owners to comply with CARB.

Low-mileage construction trucks and off-road vehicles must be labeled

With both the California Air Resources Board (CARB) truck and bus regulation and the in-use off-road diesel vehicle regulation in effect, it’s compliance time, so let’s take a look at some easy and low cost strategies to help you meet the requirements this year.
The first strategy—after registration in the appropriate on-line database—is to label your equipment correctly.  These labeling requirements are designed to make life easier for CARB and local air district enforcers.  When they drive by your yard, or a job site, and see all the equipment labeled, they will likely just keep driving.  If they don’t see labels on equipment, you could be in for a very bad day.

Registration by January 31, 2012 is needed for truck owners seeking more time to comply

On November 10, 2011, CARB staff released the final Truck & Bus Rule language that is expected to clear the final legal hurdle by state lawyers by December 14. Until further notice CDTOA member truck owners should plan to comply with the initial deadline to register their diesel trucks by the end of January to secure more time to comply with the diesel particulate matter (PM) upgrade required by the Rule. This association linked with others to obtain delays for fleets of one to three trucks and those with dump trucks and other construction trucks. Until they are notified to the contrary, CARB indicates that it plans to fully implement the Rule so knowing what qualifies as a low-mileage construction truck and what records and reports are required will avoid surprises later.

There is a shared responsibility throughout the supply chain

CDTOA member truck owners and brokers alike must be aware of CARB requirements relating to reporting and complying with the CARB Truck & Bus Rule. Similar to the federal Superfund legislation that created “potentially responsible parties,” non-compliance with CARB requirements can lead to fines and penalties throughout the supply chain. Brokers, licensed motor carriers (LMCs), shippers, and those that regularly dispatch trucks (including contractors and material producers) may find themselves at odds with CARB enforcement if they are not careful to make sure the trucks they utilize are in compliance with environmental regulations. The language is very broad; it specifies that any California resident who operates or directs the operation of any vehicle subject to this regulation shall verify…“compliance”… with this and all other related regulations. Also see Section (x)(2) below.

To delay retrofit or replacing a single truck, the owner must report by January 31, 2012

CDTOA members have been informed that the CARB board approved major changes to the Rule in December 2010. Since that vote (which resulted in delays for certain construction trucks) months of waiting have yet to produce the fixed target that truck owners must meet – a final rule.

In late May, CARB staff released their final rule proposed language, took public comments, and is expected to have state lawyers review and release the final version of the Rule that diesel truck owners are required to implement very soon. This is the same legal process required of all regulations under the state Administrative Procedures Act. Following up on a March 2011 article encouraging “fleet” (4 or more trucks) truck owners to collect truck and engine data, this month I’m focusing on what single truck owners need to do to report by the January 31, 2012 deadline.

With the Rule now drawing a bright line at 26,000 lbs. gross vehicle weight rating (GWVR), all one truck owners greater than that weight rating need to report by January 31, 2012.  This includes dump trucks whether or not they meet the 20,000 mile per year cap to be considered a “low mileage construction truck.” I recite the Rule references below from the May 2011 “15-day” change language. There may be slight deviations from this language after state legal review (expected in the next few months).

This does not mean that truckers should sit and wait!

The amendments that the CARB board approved in December 2010 are winding their way through the construction industry concessions (specifically dump trucks) and the legal process required of all regulations under the state Administrative Procedures Act. As this legal process continues, we need to be aware that the existing law requires affected truck owners to collect truck and engine data and prepare to report if they are planning to use any extensions or credits under the Rule.
This month I am focusing on what information to collect and how to report it when it is due (January 31, 2012 for most fleets).
You should be able to access the following required information in your business records and by performing a physical inspection of your vehicle:

You can’t believe the misinformation swirling around nowadays

The answer to CARB’s “Final Jeopardy” show this week is: “Who was Tariq Aziz?” Many of you may recall that he was Saddam Hussein’s Minister of Disinformation (the term comes from false or inaccurate information that is deliberately disseminated in order to influence public opinion) who had the gift of twisting the facts around so elegantly for so many years that he became a celebrity of sorts. As one who attended the December 17, CARB hearing, I have fielded dozens of calls and emails reflecting misunderstandings of major changes to the Statewide Truck and Bus Rule. This article has been prepared to set the record straight and also to correct a last-minute change at the hearing that missed last month’s article (i.e. CARB staff accelerated the action date for 1996-1997 engines owned by fleets of four or more).

Board Approves a Four Year Delay of the Off-road Rule and Gives Dump Truckers Operating under 15,000 Miles per Year an Additional Two Years to Comply

Late on Friday, December 17 the California Air Resources Board (CARB) approved major changes for off-road equipment and diesel trucks covered under the Statewide Truck and Bus Rule. While rejecting calls from the construction industry to suspend the rules due to flawed science and the poor economy, CARB will adopt and maintain both rules, but at a slightly slower pace.

Stay tuned for a possible additional delay for construction trucking

CARB staff briefed its Board on November 18 about its continuing calculations of reducing emissions due to the current recession. These revisions to the inventory mean a relaxed Truck Rule when the Board meets on Friday, December 17 at its Sacramento headquarters. With CARB staff explaining that truck and bus emissions under the revised inventory have been reduced 35% in 2010 due primarily to the recession, there is obvious room to move compliance dates into the future.