Cal. Code Regs. tit. 17 § 95307

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 95307 - Optional Trailer Fleet Compliance Schedules

(a)Trailer Fleet Compliance Schedule Applicability.

(1) As specified in section 95303(b)(3), an owner of one or more 2010 or previous model year long box-type trailers may bring such trailers into compliance in accordance with an applicable compliance schedule set forth in this section.

(2) Trailers participating in Option 1 of the large fleet compliance schedule specified in section 95307(b)(1) must be acquired by the fleet owner prior to July 1, 2010.

(3) Trailers participating in Option 2 of the large fleet compliance schedule specified in section 95307(b)(2) must be acquired by the fleet owner prior to July 1, 2011.

(4) Trailers participating in the small fleet compliance schedule specified in section 95307(c) must be acquired by the fleet owner prior to July, 1, 2012.

(5) Trailer fleet size determination. For purposes of this section, fleet size is the total of all long box-type trailers within the owner's fleet, including:

(A) trailers that do not operate in California; and

(B) trailers that operate in California, including but not limited to:

1. existing compliant trailers;

2. non-compliant trailers;

3. trailers exempted in accordance with section 95305, Exemptions; and

4. refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(F).

(6)Applicable Compliance Schedules.

(A) A fleet owner with a trailer fleet size of 21 or more trailers, as determined in accordance with section 95307(a)(5) above, may elect to participate in either of the following two compliance schedule options. A large fleet owner who does not register for one of these options must bring all trailers in the fleet into compliance as specified in section 95303(b)(3)(B) or section 95303(b)(3)(F).

1. Option 1 of the large fleet compliance schedule specified in section 95307(b)(1), or

2. Option 2 of the large fleet compliance schedule specified in section 95307(b)(2).

(B) A fleet owner with a trailer fleet size of 20 or fewer trailers may elect to participate in either of the large fleet compliance schedule options in section 95307(b), or in the small fleet compliance schedule in section 95307(c).

(b)Large Fleet Compliance Schedule.

(1) Option 1 of the large fleet compliance schedule:

(A) Minimum fleet conformance thresholds (Table 1): A trailer owner participating in this large fleet compliance schedule option must ensure that the percentage of compliant trailers on the compliance plan base list, as described in section 95307(d)(3), is equal to or greater than:

1. 5 percent by January 1, 2011;

2. 15 percent by January 1, 2012;

3. 30 percent by January 1, 2013;

4. 50 percent by January 1, 2014;

5. 75 percent by January 1, 2015; and

6. 100 percent by January 1, 2016.

Table 1: Minimum Fleet Conformance Thresholds for the Large Fleet Compliance Schedule (Option 1)

*Compliance Year (Y)*	*Minimum Fleet Conformance Threshold (Py)*	*Conformance Threshold Deadline*

2010	5%	January 1, 2011
2011	15%	January 1, 2012
2012	30%	January 1, 2013
2013	50%	January 1, 2014
2014	75%	January 1, 2015
2015	100%	January 1, 2016

(2) Option 2 of the large fleet compliance schedule:

(A) Minimum fleet conformance thresholds (Table 2): A trailer owner participating in this large fleet compliance schedule option must ensure that the percentage of compliant trailers on the compliance plan base list, as described in section 95307(d)(3), is equal to or greater than:

1. 20 percent by January 1, 2012;

2. 40 percent by January 1, 2013;

3. 60 percent by January 1, 2014;

4. 80 percent by January 1, 2015; and

5. 100 percent by January 1, 2016.

Table 2: Minimum Fleet Conformance Thresholds for the Large Fleet Compliance Schedule (Option 2)

Compliance Year (Y)	Minimum Fleet Conformance Threshold (Py)	Conformance Threshold Deadline

2010	-	-
2011	20%	January 1, 2012
2012	40%	January 1, 2013
2013	60%	January 1, 2014
2014	80%	January 1, 2015
2015	100%	January 1, 2016

(3) To participate in either Option 1 or Option 2, a trailer owner must provide the following information to the Executive Officer, electronically or in a document package entitled "Large Fleet Compliance Plan," by July 1, 2010 for Option 1, and by July 1, 2011 for Option 2. This submittal must include the following:

(A) Statement of intent, in accordance with section 95307(d)(1);

(B) Trailer fleet list, in accordance with section 95307(d)(2);

(C) Large fleet compliance plan base number, calculated in accordance with section 95307(e)(1);

(D) Compliance plan base list, in accordance with section 95307(d)(3);

(E) Annual conformance number for each compliance year, calculated in accordance with section 95307(e)(5); and

(F) Early compliance option reporting, if applicable: If a trailer owner elects to delay the compliance of trailers in accordance with section 95307(b)(4), such owner must submit the following trailer information within the compliance plan:

1. Early compliance trailer number: The number of early compliance trailers determined in accordance with section 95307(b)(4);

2. Early compliance trailer list: A trailer owner participating in the early compliance option must clearly identify on the trailer fleet list all early compliance trailers;

3. Delayed compliance trailer number, calculated in accordance with section 95307(e)(3); and

4. Delayed compliance trailer list: A trailer owner participating in the early compliance option must clearly identify on the trailer fleet list all delayed compliance trailers.

(4) Early compliance option: Subject to the requirements and limitations set forth in this section, for every one early compliance trailer in an owner's fleet, a trailer owner may delay the retrofit or replacement of 1.5 non-compliant trailers until December 31, 2016.

(A) Maximum allowable number of early compliance trailers, as calculated in accordance with section 95307(e)(4): The number of early compliance trailers within a fleet may not exceed the equivalent of 20 percent of the sum of:

1) all trailers that the owner elects to bring into compliance under the large fleet compliance schedule and

2) the total number of trailers within the fleet that are in compliance before January 1, 2010.

(B) A trailer owner must bring all delayed compliance trailers into compliance before January 1, 2017.

(C) Early compliance option report: To participate in the early compliance option, a trailer owner must submit all information required by section 95307(b)(3)(F), as part of the large fleet compliance plan by July 1, 2010 for Option 1, and by July 1, 2011 for Option 2.

(c)Small Fleet Compliance Schedule.

(1) Minimum fleet conformance thresholds (Table 3): A trailer owner participating in the small fleet compliance schedule must ensure that the percentage of compliant trailers on the compliance plan base list, as defined in section 95307(d)(3), is equal to or greater than:

(A) 25 percent by January 1, 2014;

(B) 50 percent by January 1, 2015;

(C) 75 percent by January 1, 2016; and

(D) 100 percent by January 1, 2017.

Table 3: Minimum Fleet Conformance Thresholds for the Small Fleet Compliance Schedule

Compliance Year (Y)	Minimum Fleet Conformance Threshold (Py)	Conformance Threshold Deadline

2013	25%	January 1, 2014
2014	50%	January 1, 2015
2015	75%	January 1, 2016
2016	100%	January 1, 2017

(2) Small fleet compliance plan: To participate in the small fleet compliance schedule, a trailer owner must provide the following information to the Executive Officer, electronically or in a document package entitled "Small Fleet Compliance Plan," by July 1, 2012. This submittal must include the following:

(A) Statement of intent, in accordance with section 95307(d)(1);

(B) Trailer fleet list, in accordance with section 95307(d)(2);

(C) Small fleet compliance plan base number, calculated in accordance with section 95307(e)(2);

(D) Compliance plan base list, in accordance with section 95307(d)(3); and

(E) Annual conformance number for each compliance year, calculated in accordance with section 95307(e)(5).

(d)General Compliance Plan Components.

(1) Statement of intent: The statement of intent must be provided to the Executive Officer as part of the owner's compliance plan by the applicable compliance plan due date. The statement of intent must include the following:

(A) A statement indicating that the trailer owner elects to participate in an optional trailer fleet compliance schedule;

(B) A statement identifying the compliance schedule in which the trailer owner elects to participate;

(C) For trailer owners electing to participate in the small fleet compliance schedule, a statement affirming that the owner's trailer fleet contains 20 or fewer long box-type trailers;

(D) A statement affirming that the trailer owner will bring all non-compliant trailers subject to the requirements of this regulation into compliance in accordance with the applicable compliance schedule;

(E) A statement affirming that the trailer owner understands that participation in an applicable compliance schedule may be terminated by the Executive Officer should the fleet owner, or any of the owner's vehicles, be found in violation of this regulation;

(F) A statement affirming that the trailer owner understands that if participation in a compliance schedule is terminated by the Executive Officer, the owner must bring all affected trailers into compliance within 90 days or by December 31, 2012, whichever is later, but in no case later than December 31, 2015 if participating in the large fleet compliance schedule and December 31, 2016 if participating in the small fleet compliance schedule;

(G) A statement affirming that the trailer owner understands that if participation in an applicable trailer fleet compliance schedule is withdrawn, such owner will not be allowed to operate a non-compliant trailer on a highway within California beginning January 1, 2013, except for refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(F) and exempted trailers;

(H) A statement affirming that the trailer owner agrees to allow the Executive Officer, or any person authorized by the Executive Officer, to conduct periodic audits of vehicles and records to ensure compliance with the applicable compliance schedule, this regulation, and other air quality regulations; and

(I) A signature, or electronic attestation, of the trailer owner or, where applicable, a company or governmental official, affirming that all information contained within the compliance plan, including information contained within the statement of intent and the trailer fleet list, is true and correct.

(2) Trailer fleet list: The trailer fleet list, as defined in this section, must be provided to the Executive Officer as part of the owner's compliance plan by the applicable compliance plan due date. Except upon specific Executive Officer approval, the trailer owner may not change the number or identity of trailers included on the trailer fleet list once the submission due date for the applicable compliance plan has passed. The trailer fleet list must include the following:

(A) Name of trailer fleet owner, or responsible official and title if the owner is a business entity or governmental agency;

(B) Name of company, corporation, or governmental agency;

(C) Company's motor carrier identification number and type, if applicable;

(D) Company address including city, state or province, zip code, colonia (Mexico only), and country;

(E) Mailing address including city, state or province, zip code, colonia (Mexico only), and country;

(F) Physical address of location where records pertaining to the applicable compliance schedule will be maintained including city, state or province, zip code, colonia (Mexico only), and country;

(G) Contact person's name;

(H) Telephone number;

(I) Email address (if available);

(J) Company taxpayer identification number (if applicable);

(K) Name of corporate parent (if applicable);

(L) TRUCRS identification number of corporate parent (if applicable);

(M) List of all 2010 and previous model-year long box-type trailers that are subject to the requirements of this subarticle while the owner is participating in an optional trailer fleet compliance schedule:

1. For an owner who elects to participate in one of the large fleet compliance schedules, the trailer list must include all trailers that will operate in California including compliant trailers, non-compliant trailers, exempted trailers, and refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(F);

2. For an owner that elects to participate in the small fleet compliance schedule, the trailer list must include all trailers in the owner's fleet, including compliant trailers, non-compliant trailers, exempted trailers, and refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(F). For the sole purpose of documenting the owner's eligibility for the small fleet compliance schedule, the trailer list for those submitting a small fleet compliance plan must also include trailers in the fleet that do not travel on a highway within California;

(N) For each trailer listed, provide the following:

1. Trailer type (dry van or refrigerated van);

2. Vehicle identification number (VIN);

3. Trailer make;

4. Trailer model;

5. Trailer model year;

6. License plate number;

7. State or province of registration;

8. Registration type;

9. Country of registration;

10. Compliance status (compliant or non-compliant);

11. Exemption Status (not exempt, exempt local-haul, exempt storage, dedicated to short-haul or local-haul tractors);

12. California operating status (indicate whether the trailer will operate in California during the applicable optional compliance schedule);

13. Transport refrigeration unit model year (as applicable); and

14. Transport refrigeration unit engine model year (as applicable).

(3) Compliance plan base list: The compliance plan base list is the list of all non-compliant trailers identified on the trailer fleet list as trailers that will be brought into compliance in accordance with the applicable compliance schedule. Trailers that are not early compliance trailers but are in compliance before January 1, 2010, may also be included on the compliance plan base list and used to meet minimum fleet conformance thresholds. The compliance plan base list shall not include the following trailers:

(A) Exempted trailers, including those local-haul trailers and storage trailers exempt under sections 95305(c) and 95305(e);

(B) Refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(F);

(C) Early compliance trailers, if applicable;

(D) Delayed compliance trailers, if applicable; and

(E) Trailers that will not operate in California for the duration of the applicable trailer fleet compliance schedule.

(e)Calculation Methodology.

(1) Large fleet compliance plan base number: The compliance plan base number for large fleets is the number of trailers that a trailer owner elects to bring into compliance in accordance with the large fleet compliance schedule.

N_LB = N_T - N_D - N_E - N_R - N_X (Equation 1)

"N_LB" = Large fleet compliance plan base number.

"N_T" = Total number of trailers listed on the trailer fleet list.

"N_D" = Number of delayed compliance trailers, as determined in accordance with section 95307(e)(3), if applicable.

"N_E" = Number of early compliance trailers, not to exceed N_E, _max as determined in accordance with Equation 5, if applicable.

"N_R" = Number of refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(F), if applicable.

"N_X" = Number of trailers with a trailer fleet list exemption status of "exempt local-haul," "exempt storage," "dedicated to short-haul tractors," or "dedicated to local-haul tractors," if applicable.

(2) Small fleet compliance plan base number: The compliance plan base number for small fleets is the number of trailers that a trailer owner elects to bring into compliance in accordance with the small fleet compliance schedule.

N_CA = N_T - N_NC (Equation 2)

"N_CA" = Total number of trailers in California fleet.

"N_T" = Total number of trailers listed on the trailer fleet list.

"N_NC" = Number of trailers that will not operate in California for the duration of an applicable trailer fleet compliance schedule

N_SB = N_CA - N_R - N_X (Equation 3)

"N_SB" = Small fleet compliance plan base number.

"N_CA" = Total number of trailers in California fleet, as determined in accordance with Equation 2.

"N_R" = Number of refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(F), if applicable.

(3) Large fleet delayed compliance trailer number: The delayed compliance trailer number is the number of trailers for which compliance may be delayed, pursuant to section 95307(b)(4), Early Compliance Option.

N_D = N_E x 1.5 (Equation 4)

"N_D" = Number of delayed compliance trailers, if applicable. If N_D is not a whole number, round down to the next whole number.

"N_E" = Number of early compliance trailers, not to exceed N_E, _max as determined in accordance with Equation 5, if applicable.

(4) Large fleet maximum allowable number of early compliance trailers:

The resultant number must be rounded down to the nearest whole trailer.

N_{E, max} = (N_T - N_R - N_X) x 0.20 (Equation 5).

"N_{E, max}" = Maximum allowable number of early compliance trailers. If N_{E, max} is not a whole number, round down to the next whole number.

"N_T" = Total number of trailers listed on the trailer fleet list.

"N_R" = Number of refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(F), if applicable.

(5) Annual conformance number: The annual conformance number is the number of trailers that a trailer owner must bring into compliance by December 31st of a particular compliance year to ensure that the percentage of compliant trailers within the compliance plan base list meets or exceeds the applicable minimum fleet conformance threshold that takes effect on January 1 of the following year.

N_Y = (N_B x P_Y) - N_{C, Y-1} (Equation 6)

"N_Y" = Annual conformance number for compliance year Y. If N_Y is not a whole number, round up to the next whole number if the fractional part is equal to or greater than 0.5, and round down if less than 0.5.

"N_B" = The compliance plan base number, either N_LB as calculated in section 95307(e)(1) for a large fleet or N_SB as calculated in section 95307(e)(2) for a small fleet.

"P_Y" = Minimum fleet conformance threshold for compliance year Y, as defined in section 95307(b)(1) for large fleets and 95307(c)(1) for small fleets, expressed as a decimal (e.g. 5 percent is entered into equation as 0.05).

"N_{C, Y-1}" = Total number of trailers within the compliance base that would already be in compliance prior to January 1 of compliance year Y. This number must not include early compliance trailers.

(f) Reporting Requirements

(1) For each trailer listed in the compliance plan base list that is brought into compliance in order to meet the conformance threshold of a particular year, the owner must provide the trailer identification number (vehicle identification number (VIN)) and the applicable compliance method for the trailer as defined in (A), (B), or (C) below, to the Executive Officer by no later than December 31st of that year.

(A) Install on the trailer aerodynamic devices that meet the requirements defined in section 95303(b)(3), or

(B) Remove the trailer from the owner's fleet, or

(C) Restrict the trailer from traveling on California highways.

(2) For each trailer listed in the compliance plan base list that is re-designated into local-haul or storage trailer service in a specific compliance year, the owner must provide the trailer identification number (vehicle identification number (VIN)) to the Executive Officer by no later than December 31st of that year, and meet all applicable requirements specified in sections 95305, Exemptions, and 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements. Trailers re-designated into local-haul or storage trailer service do not count toward meeting an annual conformance number.

(g) General Requirements for All Compliance Schedules: To participate in a trailer fleet compliance schedule, a trailer owner must comply with the following requirements:

(1) The trailer owner must ensure that, by December 31st of each compliance year, the percentage of compliant trailers on the owner's compliance plan base list is equal to or greater than the applicable minimum fleet conformance threshold for that compliance year;

(2) The trailer owner must ensure that the actual number of trailers brought into compliance each compliance year is equal to or greater than the annual conformance number for that same year;

(3) The trailer owner must allow the Executive Officer, or any other authorized enforcement personnel, to conduct periodic audits of records and equipment to verify compliance with an applicable compliance schedule, the owner's compliance plan, and other applicable air quality regulations;

(4) Should the Executive Officer terminate the trailer owner's participation in a trailer feet compliance schedule, such trailer owner must bring all trailers into compliance within 90 days of such termination or by December 31, 2012, whichever is later, but no later than December 31, 2015 if participating in the large fleet compliance schedule and December 31, 2016 if participating in the small fleet compliance schedule;

(5) Starting January 1, 2013, except for eligible refrigerated-van trailers that the trailer owner elects to bring into compliance in accordance with section 95303(b)(3)(F) and exempted trailers, a trailer owner may not allow the operation of a non-compliant trailer on a highway within California if such owner withdraws participation from an applicable trailer fleet compliance schedule;

(6) The trailer owner must provide to the Executive Officer any documentation and information required by an applicable trailer fleet compliance schedule by the compliance plan due date specified in such compliance schedule;

(7) The trailer owner must ensure that all information and documentation provided to the Executive Officer is accurate and true;

(8) The trailer owner must ensure that all required information and documentation is received by the Executive Officer by the applicable due dates; the Executive Officer will not be responsible for materials lost in transit;

(9) The trailer owner must maintain all documentation pertaining to an applicable compliance schedule at the location indicated on the trailer fleet list;

(10) Upon the request of the Executive Officer or other authorized enforcement personnel, the trailer owner must provide all information and documentation necessary to verify compliance with this subarticle, including applicable compliance schedules and the owner's compliance plan, and information and documentation necessary to verify compliance with any other air quality regulation;

(11) A trailer owner who is participating in the small fleet compliance schedule may not allow a 2010 or previous model year trailer subject to the requirements of this subarticle to operate on a highway within California after July 1, 2012, unless:

(A) the trailer is listed on the owner's trailer fleet list; or

(B) the trailer was acquired after July 1, 2012 and both of the following criteria are met:

1. the owner provides documented proof to the Executive Officer of the trailer's acquisition (purchase or transfer of ownership) date; and

2. the trailer is a compliant trailer, a refrigerated-van trailer that is eligible to be brought into compliance in accordance with the compliance deadlines set forth in section 95303(b)(3)(F), or exempt under section 95305;

(12) A trailer owner may not allow the operation of a non-compliant trailer on a highway within California after December 31st of the compliance year in which the trailer was reportedly brought into compliance;

(13) A compliance plan revision may only be made with the approval of the Executive Officer if the Executive Officer determines that a company merger, acquisition, split, or other changed circumstances affecting operations of the owner, necessitate revisions to the compliance plan;

(14) Executive Officer approval will not be granted to allow a newly-formed business, or an existing business commencing operations in California, to participate in a compliance schedule after the submission due date for the applicable compliance plan has passed;

(15) The Executive Officer may make non-confidential information provided pursuant to an optional trailer fleet compliance schedule available to the public for the purpose of helping determine the compliance status of a trailer or fleet;

(16) Although participation in an optional trailer fleet compliance schedule does not require the Executive Officer's specific approval, the Executive Officer may terminate a fleet's participation in a compliance schedule if the fleet or any tractor or trailer within the fleet is found in violation of this subarticle. Should the Executive Officer terminate a fleet's participation in a compliance schedule, the owner must bring all trailers into compliance within 90 days or by December 31, 2012, whichever is later, but in no case later than December 31, 2015, if participating in the large fleet compliance schedule, and December 31, 2016, if participating in the small fleet compliance schedule;

(17) A trailer owner who is participating in one of the large fleet compliance schedule options may not allow a trailer subject to the requirements of this subarticle to operate on a highway within California after July 1, 2010 if participating in Option 1, or July 1, 2011, if participating in Option 2, unless:

(A) the trailer is a compliant trailer; or

(B) the trailer is listed on the owner's compliance plan base list and is in compliance with all requirements of the large fleet compliance schedule; or

(C) the trailer is a refrigerated-van trailer that is eligible to be brought into compliance in accordance with a compliance deadline set forth in section 95303(b)(3)(F) and such deadline has not yet passed; or

(D) the trailer is exempt under section 95305;

(18) Any violation of the requirements of this subsection constitutes a violation of this subarticle;

(19) A trailer owner who has elected to participate in Option 1 and submitted information in accordance with section 95307(b)(3) may withdraw such participation and elect to participate in Option 2 instead. The notice to withdraw must be received by the Executive Officer no later than June 30, 2011;

(20) A trailer owner that has identified an exempt storage trailer or an exempt local-haul trailer in his or her trailer fleet list in accordance with section 95307(d)(2)(N) must register that trailer in accordance with the requirements of section 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements, by July 1, 2010, if participating in Option 1, by July 1, 2011, if participating in Option 2, and by July 1, 2011, if participating in the Small Fleet Compliance Schedule;

(21) A trailer owner that elects to withdraw participation in a trailer feet compliance schedule must notify the executive officer and bring all trailers on the compliance plan base list into compliance by January 1, 2013.

Cal. Code Regs. Tit. 17, § 95307

1. New section filed 12-9-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2009, No. 50).
2. Editorial correction of subsection (e)(2) (Register 2010, No. 2).
3. Amendment filed 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).
4. Amendment of subsections (b)(2)(A)1., (b)(2)(A)5. (Table 2), (b)(3), (b)(4)(C), (f)(1), (f)(2), (g)(1), (g)(12), (g)(17) and (g)(19)-(20) filed 3-12-2012 as an emergency; operative 3-12-2012 (Register 2012, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-10-2012 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 3-12-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2016, No. 23).
6. Amendment of subsections (a)(1), (a)(5), (d)(1)(B) and (d)(2)(M) filed 2-7-2019; operative 4-1-2019 (Register 2019, No. 6).

Note: Authority cited: Sections 39600, 39601, 38510, 38560 and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5 and 38580, Health and Safety Code.