1. (a) Good Operating Condition Criteria for U.S. EPA SmartWay Certified Tractor Aerodynamic Technologies.

   1. (1) An aerodynamic technology such as an aerodynamic mirror, a cab side extender, a fuel tank fairing, and an integrated sleeper cab roof fairing on a U.S. EPA Certified SmartWay Tractor must meet the following criteria:

      1. (A) Each must be installed in accordance with manufacturer's specifications;
      2. (B) Each must be securely fastened to the tractor; and
      3. (C) Each must not be used if it is damaged to such an extent as to compromise its aerodynamic effectiveness.

2. (b) Good Operating Condition Criteria for Trailer Aerodynamic Technologies.

   1. (1) An aerodynamic technology installed on a box-type trailer must meet the following criteria:

      1. (A) The aerodynamic technology must either be installed:

         1. 1. in accordance with the aerodynamic technology manufacturer's specifications such that the technology continues to maintain its verified status in accordance with the requirements of the U.S. EPA SmartWay Transport Partnership Program, or
         2. 2. in a configuration approved by the Executive Officer, or
         3. 3. in the configuration for which the technology manufacturer has obtained a preliminary approval for the measured performance of the device, in accordance with the provisions of 40 CFR 1037.211, as it existed on Oct. 25, 2016, which is incorporated by reference herein, or in section 95663(d) title 17, California Code of Regulations.
      2. (B) The aerodynamic technology must be securely fastened to the trailer;
      3. (C) The aerodynamic technology must not be used with missing sections; and
      4. (D) The aerodynamic technology must not be used if damaged to such an extent as to compromise its aerodynamic effectiveness.

3. (c) Requirements for Trailer Labels on Phase 2 Certified Trailers

   1. (1) A Phase 2 certified trailer must have a permanent and legible label that meets the requirements of 40 CFR 1037.135, as it existed on Oct. 25, 2016, which is incorporated by reference herein, or in section 95663(d) title 17, California Code of Regulations.

Unless and until a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, regulated parties may choose to follow either this section 95304 or section 95304.0.1.

However, if a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, the regulated parties are subject to the requirements of this section 95304 to the extent consistent with the court's final ruling. Notice of the court's ruling will be posted on CARB's website, https://arb.ca.gov.

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.

History

1. New section filed 12-9-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2009, No. 50).

2. Amendment filed 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).

3. Amendment of subsection (b)(1)(A)2. and new subsections (b)(1)(A)3. and (c)-(c)(1) filed 2-7-2019; operative 4-1-2019 (Register 2019, No. 6).

4. New first and second paragraphs filed 10-2-2025 as an emergency; operative 10-2-2025 (Register 2025, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-1-2026 or emergency language will be repealed by operation of law on the following day.

5. New first and second paragraphs refiled 3-26-2026 as an emergency; operative 4-1-2026 (Register 2026, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-30-2026 or emergency language will be repealed by operation of law on the following day.