(a) Operators of forklift and/or non-forklift fleets shall first determine the size of their fleets, using the equipment definitions in section 2775. Equipment meeting the boneyard and retired equipment definitions shall not be included in fleet size determinations. Except as provided in subsections (c), (d), (e), and (f), operators of medium and large forklift fleets and operators of non-forklift fleets with more than three pieces of equipment shall comply with the fleet average emission level (FAEL) standards in Table 2 by the specified compliance dates. Table 2: Fleet Average Emission Level Standards in grams per kilowatt-hour (brake-horsepower-hour) of hydrocarbons plus oxides of nitrogen
| Fleet Type | 1/1/2009 | Initial Compliance Date 1/1/2011 | 1/1/2013 |
| Large Forklift Fleet | 3.2 (2.4) | 2.3 (1.7) | 1.5 (1.1) |
| Medium Forklift Fleet | 3.5 (2.6) | 2.7 (2.0) | 1.9 (1.4) |
| Non-forklift Fleet | 4.0 (3.0) | 3.6 (2.7) | 3.4 (2.5) |
(1) Fleet operators subject to the fleet average provisions shall include in their fleet average calculations any piece of equipment that the operator has rented or leased or reasonably expects to rent or lease for a period of one year or more.(2) Fleet operators may exclude from the fleet average calculation uncontrolled 2003 and 2004 model year rental equipment (if the equipment is rented for a period of less than one year) until January 1, 2010.(3) In addition to the provisions of subsection (a)(2) above, fleet operators may exclude from the fleet average calculation rental or leased equipment if: (A) the rental or lease is for a period of less than one year;(B) the rental or lease component comprises no more than 20 percent of the operator's equipment at any time; and(C) the equipment rented or leased during the period from January 1, 2009, through December 31, 2010, is controlled to a 4.0 g/kW-hr (3.0 g/bhp-hr) standard or better and equipment rented or leased on or after January 1, 2011, is controlled to a 2.7 g/kW-hr (2.0 g/bhp-hr) standard or better.(4) Fleet operators shall comply with the applicable fleet average standard in Table 2 with the following exceptions:(A) if through business expansion, a fleet meets the definition of a larger size category, the fleet may continue to comply with the applicable fleet standard for the initial size category until the subsequent compliance date, at which time the fleet must meet the applicable fleet standard for the new fleet size category; or(B) if through retirement or other fleet size reduction mechanism the fleet would otherwise be required to comply with a less stringent fleet standard, then the less stringent fleet standard becomes effective immediately.(5) Beginning June 30, 2017, and until June 30, 2023, operators must maintain records for and report all equipment subject to a FAEL standard in accordance with section 2775.2, subsection (a).(6) Beginning June 30, 2017, and until June 30, 2023, operators must label each piece of equipment subject to a FAEL standard with its equipment identification number (EIN) in accordance with section 2775.2, subsection (b). For zero emission equipment, the operator is only required to label such equipment if the inclusion of the equipment in the operator's fleet average is necessary to comply with the applicable FAEL standard. That is, if a fleet complies with its FAEL standard without needing to account for one or more pieces of zero emission equipment, those pieces of equipment are not required to be labeled.(b) Operators of mixed fleets comprised of forklifts and non-forklift equipment shall determine fleet size individually for forklift fleets and non-forklift fleets; a mixed fleet with three or fewer forklifts and three or fewer non-forklift pieces of equipment shall be considered to be a small fleet.(c) Except as provided in subsections (d), (e), and (f), each operator of a forklift fleet used in agricultural crop preparation services shall address emissions from their owned forklifts with uncontrolled LSI engines as follows: (1) by January 1, 2009, identify that portion of the 1990 and newer LSI engine powered forklift fleet for which retrofit emission control systems have been verified and control 20 percent of that portion as prescribed in subsection (3) below; and(2) by January 1, 2012, control 100 percent of the 1990 and newer LSI engine powered forklift fleet for which retrofit emission control systems have been verified as prescribed in subsection (3) below; and(3) To comply with subsections (c)(1) and (c)(2) of this section, operators shall retrofit or repower the LSI engine powered forklift to a Level 2 or Level 3 verification level as described in Title 13, California Code of Regulations, section 2782 (f).(4) Operators of fleets used in agricultural crop preparation services may exclude from their LSI engine powered forklift fleet:(A) leased forklifts provided the forklifts meet a 4.0 g/kW-hr (3.0 g/bhp-hr) standard or better. Forklifts under a lease agreement that was initiated prior to May 25, 2006 may also be excluded from the 4.0 g/kW-hr standard for the life of the lease, or until January 1, 2010, whichever is earlier; and(B) rental forklifts rented on or after January 1, 2009, provided the forklifts meet a 4.0 g/kW-hr standard or better. Forklifts with an uncontrolled 2003 or 2004 model year engine may be excluded from the requirements of this subpart until January 1, 2010.(d)Limited Hours of Use Provisions.(1) Forklift and non-forklift equipment in medium and large fleets shall be exempted from the provisions of subsection (a) of this section provided that: (A) the equipment meets the limited hours of use equipment definition as defined in section 2775(d)(23);(B) the equipment is equipped with an operational non-resettable hours of use meter;(C) the operator maintains hours of use records for the piece of equipment at a facility;(D) beginning June 30, 2017, the operator maintains records and reports the equipment in accordance with section 2775.2, subsection (a); and(E) beginning June 30, 2017, the operator labels the equipment with its EIN in accordance with section 2775.2, subsection (b).(2) Forklifts used in agricultural crop preparation services fleets shall be exempted from the provisions of subsection (c) of this section provided that they are used, on average over any three year period, less than 251 hours per year and meet the requirements of subsections (d)(1)(B) and (d)(1)(C).(e)Specialty Equipment Exemption.(1) Forklift and non-forklift specialty equipment shall be exempt from the requirements of subsections (a) through (c) of this section provided that: (A) the replacement cost exceeds the replacement cost of a "typical" piece of equipment from that category by 50 percent or the retrofit cost exceeds the "typical" retrofit cost of a piece of equipment from that category by 100 percent;(B) they are used, on average over any three year period, less than 251 hours per year and meet the requirements of subsections (d)(1)(B) and (d)(1)(C);(C) the Executive Officer approves the listing of the piece of equipment as specialty equipment;(D) beginning June 30, 2017, the operator maintains records and reports the equipment in accordance with section 2775.2, subsection (a); and(E) beginning June 30, 2017, the operator labels the equipment with its EIN in accordance with section 2775.2, subsection (b).(f)Alternate Compliance Option for Operators of Fleets used in Agricultural Crop Preparation Services.(1) Operators of forklift fleets used in agricultural crop preparation services shall be exempted from the provisions of subsection (c) of this section provided that the forklift fleet complies with a 4.0 g/kW-hr (3.0 g/bhp-hr) fleet average emission level.(g)Use of Experimental Emission Control Strategies.(1) An operator may use an experimental emission control strategy provided by or operated by the manufacturer in no more than ten percent of the operator's total fleet for testing and evaluation purposes, provided that: (A) beginning June 30, 2017, the operator maintains records and reports each piece of equipment in the operator's fleet, including zero emission equipment, in accordance with the requirements set forth in section 2775.2, subsection (a); and(B) beginning June 30, 2017, for each piece of equipment in the operator's fleet that uses an experimental emission control strategy, the operator labels the equipment with its EIN in accordance with the requirements set forth in section 2775.2, subsection (b).(h)Severability. If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.Cal. Code Regs. Tit. 13, § 2775.1
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
2. Amendment of subsections (a), (c)-(c)(4) and (d)(1)(A)-(C), repealer of subsections (d)(1)(D)(i)-(ii) and amendment of subsections (d)(2) and (e)(1)(B) filed 12-14-2011; operative 12-14-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
3. Amendment of section and NOTE filed 6-20-2017; operative 6-20-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 25). Note: Authority cited: Sections 39001, 39002, 39003, 39500, 39600, 39601, 39602.5, 39607, 39658, 43000, 43011, 43013, 43018, 43101, 43102, 43104, 43150, 43151 and 43600, Health and Safety Code. Reference: Sections 39001, 39002, 39003, 39500, 39600, 39602.5, 39607, 39658, 43000.5, 43009, 43011, 43013, 43017, 43018, 43101, 43102, 43104 and 43151, Health and Safety Code.
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
2. Amendment of subsections (a), (c)-(c)(4) and (d)(1)(A)-(C), repealer of subsections (d)(1)(D)(i)-(ii) and amendment of subsections (d)(2) and (e)(1)(B) filed 12-14-2011; operative 12-14-2011 pursuant to Government Code section 11343.4(Register 2011, No. 50).
3. Amendment of section and Note filed 6-20-2017; operative 6/20/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 25).The amended version of this section by Register 2024, No. 39, effective 1/1/2025 is not yet available.