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CARB: There is NO Change to the Truck and Bus Regulation


The California Air Resources Board wants to make it clear that there is no change to the truck and bus regulation.  Some papers have reported that the rules were suspend because of the Hien Tran fraud but that is not true. There was an attempt to make a motion to suspend the truck rule by Dr. John Telles, and that was almost seconded by Ron Roberts--but it never happened. You can watch what took place by viewing the archive of the meeting at the CAL-SPAN website.  It is simply astounding to watch some of these board members trying to look intelligent.  

There was much discussion of the motion which Dr. Telles attempted, but Ellen Peter, Chief Legal Counsel for CARB pointed out that they had already finished the regulation, it passed legal and if they wanted to make changes they would have to start all over from the beginning with all new notices, hearings and workshops. Dr. Balmes thought there should be a redo of the Hien Tran report despite his belief that the 'science' of the report was sound.  His concern was that CARB's reputation was at stake.  Yeager, Kennard and Loveridge simply could not see any point in any delay of the regulation.

In the end, John Balms made a motion to redo the Hien Tran report which did not include a suspension of the rule while the report is redone. That motion was seconded and passed with two no votes. Mary Nichols made a motion to direct staff to prepare amendments to the "Heavy Duty Truck Rule" for a meeting in April and looks like a deer in the headlights as she tries to put her thoughts into words, and make the meandering run-on sentence that was to become the motion. It was seconded and passed. Staff, told her that the report could be redone within four months before the first enforcement even starts--there is no need for any suspension they said.  Most agreed that the new report would say the same thing as the old report so there would be no change to the regulation.

The e-mail below was sent through the California Air Resources Board's e-mail distribution system.


From: rding@arb.ca.gov <rding@arb.ca.gov>
Subject: onrdiesel -- Truck and Bus Regulation Email Correction
To: post-onrdiesel@listserv.arb.ca.gov
Date: Saturday, December 12, 2009, 5:18 PM

The note emailed on Thursday, December 10, 2009 misstated the
early reporting date for the Truck and Bus regulation.

The first reporting deadline will be in a few months from now on
March 31, 2010. Fleets that need to report by March 31, 2010
include the following:

fleets with qualifying agricultural vehicles

fleets that plan to take advantage of the vehicle retirement credits

fleets that install PM filters before January 1, 2010

fleets with two engine sweepers

The first clean-up deadline in the regulation is January 1,
2011.  Fleets that take advantage of the flexibility provisions
to comply with the regulation must report by January 31, 2011.

There has also been some confusion on whether the Truck and Bus
regulation has been amended or delayed.  The regulation is in
full effect and has not been delayed or postponed in any way.
However, on December 9, 2009 staff provided an informational
update to the Board and the Board asked staff to bring back
proposed amendments to the Truck and Bus Regulation that would
provide additional flexibility primarily for smaller fleets that
are adversely affected by the economy.  Staff is now preparing
its analysis and will hold public workshops in early 2010 to
obtain stakeholder input on proposed changes.  Staff plan to
publish a Staff Report in time for the amendments to be formally
considered at the April 22, 2010 Board Hearing.  No changes can
take effect until the Board formally amends the regulation.


For more information about the regulation and existing
requirements, please go to: http://www.arb.ca.gov/dieseltruck .