SWCV Frequently Asked Questions
This page last reviewed April 15, 2010
The Air Resources Board (ARB) adopted a new rule in 2003 to require that owners of collection vehicles significantly reduce the emissions from their vehicles over the next seven years. The new rule is found in Title 13, California Code of Regulations, Sections 2020, 2021, 2021.1, and 2021.2. The rule can be downloaded and other information viewed at:
For Owners of Waste Collection Vehicles
- We are a small part of the air pollution problem, so why are we being singled out?
- Who is an "owner" under this regulation?
- To which of my trucks does the rule apply?
- What about collection vehicles I only use occasionally?
- What if I'm going to retire a collection vehicle in a few years?
- How do I comply?
- What do you mean by "the highest level?"
- What is verified?
- Are NOx reductions required under the waste hauler rule?
- What is this going to cost?
- This is going to cost me a lot. How am I going to pay for this?
- How does the implementation schedule work?
- What do you mean by "active fleet?"
- How do I calculate the number of vehicles to implement each year?
- Can I get a compliance extension for some vehicles if I comply ahead of schedule for other vehicles?
- Do I have to get permission for early compliance extensions?
- What happens if there is no commercially available verified control strategy for a particular engine and vehicle combination?
- What if I want to volunteer to participate in demonstration projects of new technology to reduce diesel PM?
- How will enforcement be carried out and what are the penalties for non-compliance?
- Are there examples of the record keeping requirements?
- How do I receive information?
- Are PM-reducing technologies proven and reliable?
- Can ARB verified particulate filters damage truck engines?
- Do I have to replace a failed trap or catalyst?
- Do diesel emission control strategies come with a warranty?
- Can I sign a long-term contract with a dealer to provide me with DOCs for all my trucks?
- Can I use a verified Level 2 fuel on all of my vehicles to comply?
- If I install a diesel particulate filter, how do I manage the waste ash after I clean it?
- What about spent filters and catalysts?
- If a diesel particulate filter (DPF) is ARB verified for an engine family, how can I be sure it will work for a given model of engine and a truck's driving cycle?
- What is Datalogging?
- How many of my trucks have to be datalogged to find out if they can use a DPF / Level 3 device?
- How many manufacturers must I contact?
- How do I get Datalogging done?
- My vehicles operate under extreme conditions, such as very cold winter conditions. Can I opt out of using DPFs?
- If I sell a truck out of my fleet before it complies with the rule, can I still claim it as a retired truck for calculating the size of my fleet?
- Who is responsible for compliance with the regulation and who would receive a notice of violation (NOV)?
- What is the difference between my active and total fleet?
- What is the difference in how I determine the fleet if I choose early compliance versus normal implementation?
- How do I receive current information on retrofits and other technology?
Municipalities That Contract for Waste Collection Service
- What responsibilities fall on municipalities under the rule?
- Can ARB provide "ballpark" estimates of owners' implementation costs?
- Who should pay the costs of this regulation?
- How can municipalities be sure that owner-reported costs are accurate?
- What is the time frame for owners to come into compliance?
- Should municipalities expect to help pay costs before or after implementation is actually carried out?
We are a small part of the air pollution problem, so why are
we being singled out?
Waste haulers are not being singled out. Broad reductions in diesel particulate matter (PM) are part of the ARB's Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-fueled Engines and Vehicles (2000) and are aimed at virtually all diesel sources. ARB has already taken action to reduce diesel PM from transit buses, school buses, diesel-powered transport refrigeration units, and portable and stationary engines. Future regulations for PM reductions from other diesel engines are in the planning process. Solid waste collection vehicles were among the earliest heavy-duty engines selected for PM reductions because of their frequent trips through residential neighborhoods.
Who is an "owner" under this regulation?
The term "owner" is defined in Title 13, California Code of Regulations, Section 2180.1(21): "Owner means either (A) the person registered as the owner of a vehicle by the California Department of Motor Vehicles (DMV), or its equivalent in another state, province, or country; or (B) a person shown by the registered owner to be legally responsible for the vehicle's maintenance. The person identified as the owner on the registration document carried on the vehicle at the time a citation is issued shall be deemed the owner unless that person demonstrates that another person is the owner of the vehicle."
To which of my trucks does the rule apply?
The rule applies to solid waste collection vehicles starting with the 1960 model year. A "solid waste collection vehicle" is defined as an on-road heavy-duty vehicle (gross vehicle weight over 14,000 lbs.) used to collect residential and commercial solid waste for a fee. Roll-off vehicles, side loaders, rear loaders, and front loaders are all included, but transfer trucks are not.
What about collection vehicles I only use occasionally?
ARB has defined a back-up vehicle as a collection vehicle that is driven less than 1,000 miles annually. A back-up vehicle is exempt from meeting BACT (defined later). Each collection vehicle claimed as a back-up vehicle must be labeled as such and records must be kept documenting its annual mileage.
What if I'm going to retire a collection vehicle in a few years?
Only a collection vehicle that is planned to be retired within one year of its applicable compliance deadline is exempt. As with the back-up vehicle, each truck to be retired must be labeled with its retirement date (which can't be more than one year away) and records kept to verify that the vehicle was retired. A vehicle sold and used within the State of California does not qualify as a retired vehicle.
How do I comply?
Owners comply by applying best available control technology (BACT), as defined in the rule, to reduce PM emissions from the diesel engines of waste collection vehicles according to the implementation schedule and keeping required records. You must apply one of four BACT options to each engine, the appropriate option being determined by engine age, vehicle duty cycle, engine family and other factors. The owner will need to work closely with the engine distributor and / or the distributor of the selected BACT option. BACT options defined in the rule are:
- A new engine certified to 0.01 g/bhp-hr PM. (These will be available in 2007.)
- A repowered 1994 - 2006 MY engine certified to 0.1 g/bhp-hr PM plus the highest applicable CARB-verified diesel emission control system (installed when you do the repower).
- An Alternative-Fuel Engine or "Heavy-Duty Pilot Ignition Engine"
- Any diesel engine to which you have applied the highest level diesel emission control strategy that is verified by ARB and which can be used on a specific engine and vehicle combination without jeopardizing an existing original engine warranty.
What do you mean by "the highest level?"
ARB verifies diesel emission control strategies for PM and also NOx reduction and categorizes them into one of three levels. Level 1 means the product reduces PM by at least 25 percent, Level 2 reduces PM by at least 50 percent, and Level 3 reduces PM by at least 85 percent. If multiple options exist for an engine, owners must select the option bringing the greatest PM reduction.
What is verified?
To see a list of ARB verified strategies see Currently Verified Technologies.
9. Are NOx reductions required under the waste hauler rule?
No. NOx reductions are not required. However, a PM filter / NOx catalyst combination has been verified for some 1993 through 2002 Cummins and International / Navistar on-road engines. NOx reductions in some cases may qualify for incentive funding through the Carl Moyer Program. Check with your local air district by looking at "District Contacts" under "Program Information" near the bottom of the ARB's Carl Moyer Memorial Air Quality Standards Attainment Program web page.
What is this going to cost?
Owners will have a range of costs to implement BACT on their vehicles. ARB staff estimates that, generally, newer trucks and engines will be less expensive to implement while older ones will be more expensive. For example, you are most likely to comply by retrofitting a 1991-2006 MY engine with a passive diesel particulate filter or a diesel oxidation catalyst. The filter would cost approximately $5,000 to $8,000, which includes the filter and a backpressure monitor. The oxidation catalyst, which does not require a backpressure monitor, costs about $3,000 to $5,000. A PM filter / NOx catalyst combination verified for some 1993 through 2002 Cummins and International / Navistar on-road engines is also available at a reported cost of approximately $16,000 to $20,000. Several verified devices require use of low sulfur diesel fuel. Costs for this fuel are determined by the quantity purchased, the provider selected and the delivery distance, but low sulfur diesel will be mandated nation-wide by mid-July 2006.
A collection vehicle engine for which no retrofit device is verified may need to be repowered to bring it into compliance. You can either install a 2007 or newer MY engine (once they are available) or repower with a 1994 to 2006 MY engine and meet the PM requirement through installation of a catalyst or filter. We estimate that the average cost for a repower is about $45,000, with a range of $21,000 to $90,000, depending on engine manufacturer, model and model year. A catalyst or filter brings the total average cost to about $50,000. Waste haulers also have the option, at their discretion, to meet their obligations by purchasing an alternative fuel vehicle. A new alternative fuel engine meets BACT standards without the need for additional retrofitting, as does a new 2007 MY or beyond diesel engine.
This is going to cost me a lot. How am I going to pay for this?
Waste hauling is a fee-based activity, so ARB anticipates that you will raise your fees to pay for the cost of compliance. If you operate under contract to a municipality, you should contact them to find out about renegotiating your fees. ARB provides information to educate municipalities on the costs of this regulation. ARB cannot, however, become an arbitrator in individual cases where municipalities and their contractors are trying to resolve cost issues. In some areas of the state, you may qualify for incentive funding if you comply early and reduce NOx emissions. Contact your local air district representative who manages the Carl Moyer Program or other incentive programs in your area.
How does the implementation schedule work?
The implementation schedule is determined primarily by engine age and the size of your active fleet. The schedule is outlined in the schedule of page 2 of the SWCV fact sheet.
What do you mean by "active fleet?"
Your active fleet consists of the total, by terminal, of your collection vehicles, excluding backup collection vehicles. The terminal is the place where a vehicle is regularly garaged or maintained, or from which it is operated or dispatched, and which may include a private business or residence.
How do I calculate the number of vehicles to implement each year?
Here is an example of calculating the number of vehicles to comply each year (see following table):
1. Each January 1, starting in 2004, figure the size of your active fleet, by terminal, for the applicable model year group. For example, in 2004 you only have to comply with 1988-2002 MY engines. #SWCV = the number in the model year group plus the number of engines removed by retirement in the previous years, starting in 2004. You cannot count engines retired prior to 2004 as in compliance, but you can count engines retrofitted with ARB-verified diesel emission control systems prior to 2004 as these are still in your active fleet.
2. Then determine the total number of vehicles that need to comply as follows: TotVeh = Group % BACT times #SWCV. For example, if you have 100 trucks in Group 1 on 1/1/04, TotVeh = 0.10 X 100 = 10. This is the number of trucks you have to bring into compliance by 12/31/2004. For the example, the owner retired all 10 of these trucks by 12/31/04.
3. Each year after the first year, you calculate the additional vehicles: TotAddComp = the additional number to be brought into compliance, based on the equations: #SWCV = #Engines + TotRetire and TotAddComp = TotVeh - TotRetrofit - TotRetire. For example, for 2005: #SWCV = 90 + 10 = 100; TotVeh = 0.25 X 100 = 25; TotAddComp = 25 - 0 - 10 = 15. The owner must bring 15 additional trucks into compliance by 12/31/2005. In the example, they were all retired. For 2006: #SWCV = 75 + 25 = 100; TotVeh = 0.50 X 100 = 50; TotAddComp = 50 - 0 - 25 = 25. The owner must bring 25 more trucks into compliance; in this example the owner retrofits all 25 of these trucks. Finally, for 2007: #SWCV = 75 + 25 = 100; TotVeh = 1.0 X 100 = 100; TotAddComp = 100 - 25 - 25 = 50. The owner must bring the final 50 trucks into compliance.
4. Useful terms: TotRetire = the number in compliance because they were retired in a previous year, starting in 2004; TotRetrofit = the number in compliance because they were retrofitted in any previous year with an ARB-verified diesel emission control system.
Calulating Compliance for intermediate Compliance Deadlines
Example for an owner complying with all Group 1 (1988-2002) vehicles.
Year %BACT #SWCV as of Jan. 1 TotVeh TotRet TotRetrofi Totadd Cumalutive Add Total Ret to #SWCV 1 .10 100 10 0 0 10 10 All Retired (10)
2 .25 100 25 10 0 15 25 All Retired (15)
3 .50 100 50 25 0 25 50 All Retired (25)
4. 100 100 100 25 25 50 100 Retrofit or Retired
15. Can I get a compliance extension for some vehicles if I comply ahead of
schedule for other vehicles?
Yes. If you bring at least 50 percent of all of your vehicles (not just by terminal) into compliance far enough ahead of the mandatory deadline, you can delay compliance for other vehicles in your fleet after notifying ARB. Early implementation using BACT that also reduces NOx emissions may qualify you for funds from the Carl Moyer Program or other incentive programs. Check with your local air district regarding incentive funds.
Compliance Extensions Based on Early Implementation
|Model Year Group||
1988 - 2002
|July 1, 2005||December 31, 2009||If you implement 50% of your total Group 1 collection vehicles by 7/1/05, and half of those are your oldest Group 1 vehicles, then you may delay the final compliance deadline for the remaining Group 1 vehicles to 12/31/09.|
1960 - 1987
Total Fleet of 15 or
|December 31, 2005||December 31, 2010||If you implement 50% of your total Group 2a collection vehicles by 12/31/05, then you may delay the intermediate and final compliance deadlines for remaining Group 2a vehicles to 12/31/10.|
1960 - 1987
Total Fleet of 14 or
|December 31, 2006||December 31, 2011||If you implement 50% of your total Group 2b collection vehicles by 12/31/06, then you may delay the intermediate and final compliance deadlines for your remaining Group 2b vehicles to 12/31/11.|
2003 - 2006
Including All Dual-Fuel
and Bi-Fuel Engines
|There are no early implementation compliance options for Group 3 vehicles|
Do I have to get permission for early compliance extensions?
No, but you do have to notify the Executive Officer by the applicable 50 percent early compliance date stating your intent to comply with one or more of the early compliance options. If you notify ARB as required, then this information will be in our records when our inspectors check to see if you are in compliance. If you haven't notified us, then you will not be eligible for early compliance.
What happens if there is no commercially available verified control strategy for a particular engine and vehicle combination?
There are two types of extensions that may be granted in such cases. One is a blanket extension granted by ARB's Executive Officer when there is a large group or class of engines for which there is no verified control strategy. However, there are time limits on such extensions, after which the owner must apply one of the other BACT options. You also must apply diesel control strategies to all applicable engines before you apply for any extensions. (See Advisory on 2006 Compliance Extension for Group 2a Waste Collection Engines Mail-Out #MSC 06-05.) As per the following:
Compliance Extensions Based on No-Verified Control Strategy - Blanket Exemption
Group 1 (1988 -2002)
The EO will issue a blanket extension annually by March 1 each year through 2007, after which the owner must comply by December 31, 2008.
Group 2a (1960- 1987) Fleet of 15
or more vehicles
The EO will issue a blanket extension annually by March 1 each year through 2008, after which the owner must comply by December 31, 2009.
Group 2b (1960- 1987) Fleet of 14
or Fewer Vehicles
The EO will issue a blanket extension annually by March 1 each year through 2010, after which the owner must comply by December 31, 2011.
Group 3 (2003-2006)Dual-Fuel and Bi fuel
The EO will issue a blanket extension annually by March 1 each year through 2010, after which the owner must comply by December 31, 2011.
Compliance Extensions Based on No-Verified Control Strategy - Owner Application
Group 1 (1988 -2002)
The owner must apply by July 31 annually 2004 - 2007; after that the owner must comply through use of one of the other BACT options by December 31, 2008.
Group 2a (1960- 1987) Fleet of 15
or more vehicles
For Group 2a engines, apply by July 31, 2005 - 2008; after that the owner must comply no later than December 31, 2009. Group 2a engines will receive only one annual compliance extension for a vehicle.
Group 2b (1960- 1987) Fleet of 14
or Fewer Vehicles
For Group 2b engines, apply by July 31, 2007 - 2010; after that the owner must comply no later than December 31, 2011. Group 2b engines will receive only one annual compliance extension for a vehicle.
Group 3 (2003-2006) Dual-Fuel and Bi fuel
For Group 3 engines, apply by July 31, 2009 - 2010; after that the owner must comply by December 31, 2011
Fleets of 3 or
For fleets of three or fewer collection vehicles, the owner may delay any intermediate compliance deadlines to the engine's final compliance deadline.
Information Needed for Compliance Extension Application
While a fleet can receive multiple extensions, individual trucks with model year 1960 through 1987 engines can receive only one annual extension.
Prior to requesting an extension, the owner must apply BACT to all applicable engines in his fleet and submit an application to the Executive Officer as required in (f)(1)(H). The owner must submit his application at least six months prior to the compliance deadline for which he is requesting an extension, no later than July 31 annually. The application must include a description of the reasons for the request and:
For each engine for which no control strategy has been verified, the owner must submit in his application the vehicle identification number, engine manufacturer, model year, family and series, and type of collection vehicle, or
For an engine where a control strategy would jeopardize the original engine warranty, the same information as in (1) must be submitted, plus a statement from the engine manufacturer or authorized dealer stating the engine warranty would be jeopardized, or
For an engine where a control strategy is not commercially available, the same information as in (1) must be submitted, plus a list of manufacturers that have been contacted and their responses to a request to purchase.
What if I want to volunteer to participate in demonstration
projects of new technology to reduce diesel PM?
ARB encourages fleet owners to participate in approved demonstration projects. Demonstration devices may be installed on no more than 20 vehicles or ten percent of your total fleet, whichever is less, for testing and evaluating new technology. The owner must get the proper experimental permit and keep the required documentation of the test plan. Each test vehicle will be considered in compliance for the duration of the experiment or a maximum of two years. Test vehicles must be brought into compliance within six months of the end of the test and evaluation period. No experimental strategy may be used after December 31, 2010.
How will enforcement be carried out and what are the penalties
ARB will enforce this rule through roadside inspections and visits to waste hauler maintenance yards, or terminals. Penalties will depend on the specific violation or violations. Under "non-compliance", the regulation states: "Any violations of this section may carry civil penalties as specified in state law and regulations, including Health and Safety Code, section 44381." H&S, section 44381 outlines penalties that range from $500 per day to $25,000 per day, depending on the violation. Keep in mind, however, that, as stated above, potential penalties are not limited to those found in H&S section 44381. (See Advisory of Enforcement of the Solid Waste Collection Vehicle Rule Begins Number 331.)
Are there examples of the record keeping requirements?
Yes. Example recording keeping forms which may be appropriate for your fleet can be found at the SWCV Documents and Forms page.
How do I receive information?
To sign up for the mailing list to receive information and changes regarding the SWCV rule, follow the instructions on CARBIS List Serve and you will receive upcoming notices regarding the rule.
Are PM-reducing technologies proven and reliable?
Yes. Many of these technologies have been used for years in Europe and the United States. The City of Los Angeles reports excellent results after fitting hundreds of diesel waste collection trucks with PM-reducing technology. The ARB requires manufacturers to verify their products by proving emission reductions and durability and by providing a warranty.
Can ARB verified particulate filters damage truck engines?
In theory, yes but in actuality, this would be rare. Drivers must operate their vehicles in a way that conforms to the manufacturer's instructions for the retrofit device. Attention to proper use and maintenance details will help avoid the potential for engine damage. For example, ignoring a backpressure warning light may result in damage to the retrofit device and may stop the engine. As is true with the use of any new device or product, proper training for drivers and maintenance staff will help minimize problems.
Do I have to replace a failed trap or catalyst?
Yes. A failed device that is still in warranty must be replaced with the same level of device. Once the warranty has expired, the owner must review BACT to see if a more effective device is now available as a replacement.
Do diesel emission control strategies come with a warranty?
Yes. ARB's verification procedures for this hardware require a warranty of five years or 150,000 miles for most waste collection trucks. This is longer than the standard five-year, 100,000 mile-warranty required by ARB on emission control equipment that comes on new diesel engines. Retrofit strategies that would void the manufacturer's original engine warranty are not required.
Can I sign a long-term contract with a dealer to provide me with DOCs for all my trucks?
Probably not, but it depends on how many trucks you have, the model years of the engines, and the length of time the contract covers. ARB would allow up to a six-month contract for installation of Level 1 products on collection vehicles that are not otherwise capable of being retrofitted with Level 3 products. After that you would need to reevaluate to see if a higher level product had been verified.
Can I use a verified Level 2 fuel on all of my vehicles to comply?
Not unless all of your collection vehicles are incompatible with Level 3 technology. For any engines that have a verified DPF, for example, you would need to provide compelling reasons why some of those could not use a DPF. "Compelling reasons" would include too cool engine exhaust temperatures or other parameters that are not compatible with the use of a DPF.
If I install a diesel particulate filter, how do I manage the waste ash after I clean it?
First, keep in mind that California has stringent laws on managing hazardous waste. Most samples of filter ash have been high in zinc, which would make the ash a hazardous waste. Unless you have had your waste ash tested by a state-authorized testing facility and shown not to be a hazardous waste, you should assume it is a hazardous waste and dispose of it as such. You should contact the state Department of Toxic Substances Control (DTSC) at for more information. A good starting point for DTSC is the "Duty Officer" who serves your area. Find the appropriate Duty Officer by clicking on "D" in the alphabetical listings on the DTSC web page. Also, contact the company that supplied your filter and ask about the proper method for cleaning it in California. Be aware that cleaning methods acceptable in other states or countries may not be valid in California. For example, do not blow the ash into the air, throw it away in normal trash, or wash it into a sewer or other waterway.
What about spent filters and catalysts?
The ash inside a spent filter, and the catalyst material in a filter of catalyst, may make these devices hazardous waste. Once the ash and / or catalyst material is removed, these devices may be managed as scrap metal. The state DTSC regulates used auto catalytic converters as scrap metal if the catalyst material is left in the converter shell during collection and transportation to an approved recycling facility. Before you buy, ask your dealer if they will take back spent filters or catalysts for recycling. For more information contact an approved hazardous materials management company or the DTSC.
If a diesel particulate filter (DPF) is ARB verified for an engine family, how can I be sure it will work for a given model of engine and a truck's driving cycle?
The executive order (see ARB's Diesel Emission Control Strategies Verification) outlines the types of engines and certain other conditions under which the DPF is verified. In some instances, the filter manufacturer or dealer may need to outfit a truck with a temperature probe to see if the engine exhaust reaches the proper temperature for the proper amount of time to successfully use a specific ARB verified DPF. This is generally called "datalogging" and is not required by ARB but it is highly recommended as a way to tell if a DPF will work properly on a particular truck or group of trucks with similar engines and duty cycles. Datalogging is relatively simple and does not damage the truck in any way.
What is Datalogging?
Datalogging is a method of measuring key engine attributes (i.e., engine exhaust temperature, RPM, backpressure, load, speed, etc.) which can be used to characterize the duty cycle and normal operating parameters of the vehicle. This information can then be used to determine which BACT works best for the engine and application.
How many of my trucks have to be datalogged to find out if they can use a DPF / Level 3 device?
The regulation requires the use of BACT. You need to contact the Level 3 device manufacturers (see Currently Verified Technologies) to see if these technologies are appropriate for these vehicles. The number of vehicles needing to be datalogged will depend on your individual fleet composition and use, and must be a representative sample of your fleet. The engine specifications (make, model, size, age etc.), vehicle type, and duty cycle are all important factors when determining which, and how many, vehicles must be datalogged. The more similar the engine, vehicle, and duty cycle of each vehicle in the fleet, the better the chance that you will only need to datalog a few representative vehicles. However, the device manufacturers may have their own guidelines and / or requirements for choosing an appropriate datalogging strategy. You will need to consult with the manufacturers in order to determine their recommended guidelines. If datalogging shows that your fleet, or vehicles in the fleet, are not candidates for Level 3 technologies, you may consider Level 2 systems and, after that, Level 1 systems. Again, you will need to choose the BACT for your vehicles.
How many manufacturers must I contact?
The regulation requires the use of BACT. Therefore, you must evaluate all Level 3 strategies to see if any commercially available Level 3 strategy will work for any of your trucks. The same is true when you are checking to see if Level 2 or Level 1 strategies will work if a Level 3 is not indicated. It is also important to keep checking the ARB's Diesel Emission Control Strategies Verification website. Doing this will enable you to keep current on changes and upgrades that may allow wider use of existing retrofit strategies and to be informed about new strategies that have been verified and are available for retrofits.
How do I get Datalogging done?
You should contact the verified device manufacturers and / or installers to discuss datalogging options. They can provide datalogging services to determine if your vehicles are suitable for Level 3 systems. This service will need to be negotiated between you and the device manufacturer or installer. In some cases they might provide all service and support, while in others, you might conduct your own datalogging under their direction. It may be possible to conduct datalogging in a way that the results are applicable to a wide range of devices rather than just one device or strategy. This could eliminate the need for repeated datalogging in instances where results show that one particular device or strategy will not work for a particular truck, engine or dutycycle.
In general, your vehicle(s) will need to be equipped with a datalogger for a certain period of time. This will provide the information to determine if the engine and duty cycle support a Level 3 system. The length of time a vehicle must be datalogged depends on the use of the vehicle, manufacturers' recommendations, and other factors. One datalogging strategy may not be acceptable for all fleets and vehicles.
My vehicles operate under extreme conditions, such as very cold winter conditions. Can I opt out of using DPFs?
The regulation requires the use of BACT for all vehicles; it does not specifically mandate the use of DPFs. If a strategy is not appropriate for your vehicle(s), it is not BACT for that vehicle and you will need to use a different strategy. However, it is up to you to contact the Level 3 device manufacturers and work with them to determine if your vehicles are appropriate for the technologies.
DPFs have been successfully used in low temperature operations in fleets in New York City and in other areas of the United States and Europe. As with any strategy, you should contact the manufacturer to discuss your specific needs and the strategy's limitations. Datalogging and other pertinent information will allow the manufacturer(s) to determine whether a strategy is appropriate for your vehicles. In addition, the manufacturers may be able to provide other options (such as insulation) for their devices to work with your application(s).
If I sell a truck out of my fleet before it complies with the rule, can I still claim it as a retired truck for calculating the size of my fleet?
Compliance is defined relative to the active fleet and takes one of the forms specified in Section 2021.2 of the regulation. Retirement means an engine or vehicle will be withdrawn from an active fleet in California. The engine may be sold outside of California, scrapped, or used in a backup vehicle. Simply removing the vehicle from your fleet by selling it does not meet any of these requirements unless it is sold to an owner outside of California and is no longer used in California.
Who is responsible for compliance with the regulation and who would receive a notice of violation (NOV)?
The registered owner of the vehicle will receive any NOV. Any arrangements or contracts between the registered owner and other parties regarding maintenance, care, operation, and / or regulatory compliance is solely the responsibility of the registered owner of the vehicle and will not affect who receives the NOV.
What is the difference between my active and total fleet?
The active fleet refers to the total, by terminal, of an owner's collection vehicles, excluding backup vehicles. The total fleet refers to all the vehicles within a Group (1, 2a, 2b or 3), regardless of location, owned by the same entity.
What is the difference in how I determine the fleet if I choose early compliance versus normal implementation?
For early compliance, 50 percent of the total fleet must meet the early compliance regulatory deadlines. However, this applies only to those model year groups appropriate for early compliance. Group 3 vehicles are not candidates for early compliance. Group 1 vehicles must also still meet the December 31, 2004, deadline for 10 percent compliance of the active fleet (in other words, 10 percent per terminal for Group 1). For normal implementation you must comply with the deadlines set forth in the regulation which is discussed in full in the answer to "How does the implementation schedule work?".
How do I receive current information on retrofits and other technology?
To sign up for the mailing list to receive information and changes regarding the current technology, follow the instructions on CARBIS List Serve - Diesel Retrofit Program and you will receive upcoming notices regarding the program.
Municipalities that Contracts for Waste Collection Service
What responsibilities fall on municipalities under the rule?
A municipality that contracts out for waste collection service must submit an annual report to ARB including the municipality name and contact information. It must also supply similar information about the collection company it contracts with, including the business address, fax number, email address, and the address of each terminal in the jurisdiction that houses collection vehicles serving the municipality. Finally, any waste hauler contract with an effective date of December 31, 2004, or later must include the requirement that the contractor be in compliance with all applicable air pollution control laws. Failure to comply could result in penalties. Municipalities operating their own collection services must abide with all aspects of the regulation that apply to collection company owners.
Can ARB provide "ballpark" estimates of owners' implementation costs?
When ARB calculated the statewide costs of implementation and then averaged those costs out over every household in the state, we estimated that the cost would average about $1 per customer per year through 2012. This is an average, and the actual costs may be higher or lower in different communities depending on the age of the vehicles that serve the community. For example, if all the collection vehicles that serve a community already use alternative-fuel engines, then there would be no additional cost as these trucks already comply. On the other hand, if all collection vehicles are old, the owner may need to purchase new engines or vehicles to comply, which will be more expensive. For additional details, see the discussion of costs that starts on Page 3 of this document.
Who should pay the costs of this regulation?
Everyone benefits from the reduced air pollution resulting from this rule, and it is reasonable to expect everyone to pay a little more for those benefits. ARB expects that municipalities and collection vehicle owners that provide services under a contract will negotiate regarding the recovery of costs incurred to implement this regulation. Most importantly, this regulation brings clean air benefits to the heart of every community and every individual in our state. It is proper that our citizens help pay for these benefits.
How can municipalities be sure that owner-reported costs are accurate?
Many factors will determine costs and it is up to municipalities to work with their contractors to determine the costs of compliance. Costs will vary with the number of vehicles in the collection fleet, age of the trucks and their engines, engine types, the strategy used to achieve compliance, and other factors. Some guidelines for the costs of specific strategies are provided on Page 3 of this document. We should note that ARB will not become involved in mediating individual disputes between municipalities and fleet owners.
What is the time frame for owners to come into compliance?
The implementation schedule runs from 2004 through 2011. Various owners will be bringing segments of their fleets into compliance at various times throughout that period. The schedule is determined in most cases by engine age, size of fleet and whether owners operate dual-fuel or bi-fuel vehicles. The full compliance schedule is outlined on page 2 of the SWCV fact sheet.
Should municipalities expect to help pay costs before or after implementation is actually
This is a subject for negotiations between municipalities and fleet owners.