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

Introduction

The recently approved amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation (https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/froa-1.pdf) (Off-Road Regulation) which took effect October 1, 2023, provide a benefit to fleets that adopt zero‑emission technology.

Now, if a fleet adds a piece of zero-emission equipment, it can delay the phase-out of a similar piece of older equipment by two years. For example, if a fleet would have been required to phase out a Tier 1 piece of diesel-fueled equipment by January 1, 2026, it could add a piece of zero-emission equipment and delay that phase-out until January 1, 2028. This delay is intended to recognize fleets’ efforts voluntarily adding zero-emission equipment and to encourage fleets to consider zero-emission equipment.  

The remainder of this fact sheet provides a brief overview of the requirements and the process for utilizing this compliance flexibility option. For all option details, see the full regulatory text (https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/froa-1.pdf) (section title "Delay of Tier Phase-Outs for Addition of Zero-Emission Vehicles").

Requirements (2449.1(d) (https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/froa-1.pdf#page=81))

To be eligible for this two-year delay, the addition of the zero-emission equipment to the fleet must occur after January 1, 2024. In addition, the Tier 1 or Tier 2 equipment for which the phase-out delay is requested must have been reported by December 31 of the year prior to the year in which the Tier phase-out is required without the delay.

To remain eligible during the two years, all the following criteria must also be met:

1. The zero-emission equipment added to the fleet must be operated by the fleet, perform a function and work equivalent to that of a diesel equipment, and be used for a purpose for which diesel equipment are predominantly used in the fleet;
2. The zero-emission equipment added to the fleet must be used predominantly outdoors;
3. The zero-emission equipment added to the fleet must have a maximum power rating of 25 hp or greater;
4. The zero-emission equipment added to the fleet must be purchased and placed in service prior to the year in which the Tier phase-out for the equipment with a Tier 1 or Tier 2 engine takes effect, and must remain in the fleet for the two years that the Tier 1 or Tier 2 engine is receiving the delay of the Tier phase-out;
5. The zero-emission equipment must be labeled in accordance with section 2449(f);
6. The zero-emission equipment must be of similar max power rating to the equipment with a Tier 1 or Tier 2 engine to which the delay in Tier phase-out will apply, and must be within the following categories: 25-174 hp, 175-599 hp, 600 hp and above; and
7. For each zero-emission equipment, fleet must report the following information to CARB by December 31 of the year prior to the year in which the Tier phase-out for the fleet’s equipment with a Tier 1 or Tier 2 engine will take effect:
   • Equipment type;
   • Equipment manufacturer;
   • Equipment model;
   • Equipment model year;
   • Equipment serial number;
   • Motor manufacturer;
   • Motor model;
   • Motor model year;
   • Motor serial number;
   • Max power rating;
   • Purchase date; and
   • Equipment in-service date.

Fleets are also required to provide annual verification of items listed in point 7 above, report any changes to the operation of the zero-emission equipment, and comply with Off-Road Regulation annual reporting requirements.

Process

The fleet first confirms its compliance with the Off-Road Regulation. Then fleets include the applicable zero-emission equipment in their DOORS reporting and identify the associated eligible equipment that the delay will apply to. Reports must be submitted by December 31 of the year prior to the year in which the Tier phase-out is scheduled to take effect without the delay.

While this document is intended to assist fleets with their compliance efforts, it does not alter or modify the terms of any CARB regulation, nor does it constitute legal advice. It is the sole responsibility of fleets to ensure compliance with the Regulation for In-Use Off-Road Diesel‑Fueled Fleets.