1 FINAL REGULATION ORDER

REGULATION FOR MOBILE CARGO HANDLING EQUIPMENT

AT PORTS AND INTERMODAL RAIL YARDS

Adopt new section 2479, title 13, California Code o f Regulations, to read as follows: (Note: The entire text of section 2479 set forth b elow is new language being added to the California Code of Regulations.)

Section 2479. Regulation for Mobile Cargo Handling Equipment at Ports and

Intermodal Rail Yards.

(a) Purpose

The purpose of this regulation is to reduce diesel particulate matter (PM) and criteria pollutant emissions from compression ignition (CI) mobile cargo handling equipment that operate at ports and intermodal rail yards in the state of California.

(b) Applicability

Except as provided in subsection (c), the regulatio n would apply to any person who conducts business in California who sells, offers f or sale, leases, rents, purchases, owns or operates any CI mobile cargo handling equip ment that operates at any California port or intermodal rail yard.

(c) Exemptions

(1) The requirements of this section do not apply t o mobile cargo handling equipment that do not operate at a port or intermod al rail yard;

(2) The requirements of this section do not apply t o portable CI engines;

(3) The requirements of subsections (e), (f), (g), (h), and (i) do not apply to mobile cargo handling equipment that are not used to handl e cargo at any time but are used for transporting personnel or fuel delivery. Examples include, but are not limited to, fuel delivery trucks operating solely a t the terminal to deliver fuel to terminal equipment and vans and buses used to trans port personnel; and

(4) The requirements of this section do not apply t o military tactical support cargo handling equipment.

(d) Definitions

For purposes of this section, the definitions of He alth and Safety Code section 39010 through 39060 shall apply except to extent that suc h definitions may be modified by the following definitions that apply specifically to th is regulation:2

(1) “Alternative Diesel Fuel” means any fuel used i n a CI engine that is not commonly or commercially known, sold, or represente d by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specificat ions in ASTM D975-81, “Standard Specification for Diesel Fuel Oils,” as m odified in May 1982, which is incorporated herein by reference, or an alternative fuel, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e.g., recalibration of the engine fu el control) may enhance performance. Examples of alternative diesel fuels include, but are not limited to,

biodiesel that does not meet the definition of CARB diesel fuel; Fischer-Tropsch fuels; emulsions of water in diesel fuel; and fuels with a fuel additive, unless:

(A) the additive is supplied to the engine fuel by an on-board dosing mechanism, or

(B) the additive is directly mixed into the base fu el inside the fuel tank of the engine, or

(C) the additive and base fuel are not mixed until engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine.

(2) “Alternative Fuel” means natural gas, propane, ethanol, methanol, gasoline (when used in hybrid electric mobile cargo handling equipment only), hydrogen, electricity, fuel cells, or advanced technologies t hat do not rely on diesel fuel. "Alternative fuel" also means any of these fuels us ed in combination with each

other or in combination with other non-diesel fuel.

(3) “Basic Container Handling Equipment” means mobi le cargo handling equipment, other than yard trucks, bulk cargo handling equipme nt, and RTG cranes, used to handle cargo containers. Basic Container Handling Equipment includes but is not limited to top handlers, side handlers, reach s tackers, straddle carriers, and

forklifts.

(4) “Bulk Cargo Handling Equipment” means mobile ca rgo handling equipment, other than yard trucks, basic container handling eq uipment, and RTG cranes, generally used to move non-containerized cargo, inc luding but not limited to dozers, excavators, loaders, tractors, mobile crane s (excluding rubber-tired gantry cranes), aerial lifts, and sweepers.

(5) “California Air Resources Board (CARB) Diesel F uel” means any diesel fuel that meets the specifications of vehicular diesel fuel, as defined in title 13 CCR, sections 2281, 2282, and 2284.

(6) “Carbon Monoxide (CO)” is a colorless, odorless gas resulting from the incomplete combustion of hydrocarbon fuels.

(7) “Cargo Handling Equipment” means any off-road, self-propelled vehicle or equipment used at a port or intermodal rail yard to lift or move container, bulk, or3

liquid cargo carried by ship, train, or another veh icle, or used to perform maintenance and repair activities that are routinel y scheduled or that are due to predictable process upsets. Equipment includes, bu t is not limited to, mobile cranes, rubber-tired gantry cranes, yard trucks, to p handlers, side handlers, reach stackers, forklifts, loaders, sweepers, aeria l lifts, excavators, and dozers.

(8) “Certified Off-road Diesel Engine” means an eng ine certified to California off-road engine emission standards under title 13 CCR, secti on 2423.

(9) “Certified On-road Diesel Engine” means an engi ne certified to California on-road diesel engine emission standards under title 13 CCR , section 1956.8.

(10) “Compression Ignition (CI) Engine” means an in ternal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The regulation of power by controlling fuel supply in lieu of a throttle is indicative of a compression ignition engine.

(11) “Contiguous Properties” means two or more parc els of land with a common boundary or separated solely by a public roadway or other public right-of-way.

(12) “Diesel Fuel” means any fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel, includi ng any mixture of primarily liquid hydrocarbons (HC) - organic compounds consisting ex clusively of the elements carbon and hydrogen - that is sold or represented b y the supplier as suitable for use in an internal combustion, compression-ignition engine.

(13) “Diesel-Fueled” means a CI engine fueled by di esel fuel, CARB diesel fuel, or jet fuel, in whole or part.

(14) “Diesel Oxidation Catalyst (DOC)” means a cata lyst promoting oxidation processes in diesel exhaust, and usually designed t o reduce emissions of the organic fraction of diesel particulates, gas-phase HC, and CO.

(15) “Diesel Particulate Filter (DPF)” means an emi ssion control technology that reduces PM emissions by trapping the particles in a flow filter substrate and periodically removes the collected particles by eit her physical action or by oxidizing (burning off) the particles in a process called regeneration.

(16) “Diesel Particulate Matter (Diesel PM)” means the particles found in the exhaust of diesel-fueled CI engines. Diesel PM may agglome rate and adsorb other species to form structures of complex physical and chemical properties.

(17) “Dozer” means an off-road tractor, either trac ked or wheeled, equipped with a

blade.

(18) “Emission Control Strategy” means any device, system, or strategy employed with a diesel engine that is intended to reduce emi ssions, including, but not limited to, diesel oxidation catalysts, selective c atalytic reduction systems, fuel4

additives, diesel particulate filters, alternative diesel fuels, water emulsified fuels, and any combination of the above.

(19) “Excavator” means an off-road vehicle consisti ng of a backhoe and cab mounted on a pivot atop an undercarriage with tracks or whe els.

(20) “Executive Officer” means the Executive Office r of the California Air Resources Board or his/her designee.

(21) “Fleet” means the total number of mobile cargo handling equipment vehicles owned, rented, or leased by an owner or operator at a specific terminal or intermodal yard location.

(22) “Forklift” means an off-road industrial truck used to hoist and transport materials by means of steel fork(s) under the load.

(23) “Fuel Additive” means any substance designed t o be added to fuel or fuel systems or other engine-related engine systems such that it is present in-cylinder during combustion and has any of the following effe cts: decreased emissions, improved fuel economy, increased performance of the engine; or assists diesel emission control strategies in decreasing emissions , or improving fuel economy or increasing performance of the engine.

(24) “Heavy-duty Pilot Ignition Engine” means an en gine designed to operate using an alternative fuel, except that diesel fuel is used f or pilot ignition at an average ratio of no more than one part diesel fuel to ten parts t otal fuel on any energy equivalent basis. An engine that can operate or id le solely on diesel fuel at any

time does not meet this definition.

(25) “Hydrocarbon (HC)” means the sum of all hydroc arbon air pollutants.

(26) “In-Use” means a CI engine that is not a “new” CI engine.

(27) “Intermodal Rail Yard” means any transportatio n facility primarily dedicated to the business of rail and/or intermodal rail operations where cargo is transferred to or from a train and any other form of conveyance, such as train to ship, ship to train, train to truck, or truck to train.

(28) “Lease” means a contract by which one conveys cargo handling equipment for a specified term and for a specified rent.

(29) “Level” means one of three categories of Air R esources Board-verified diesel emission control strategies as set forth in title 1 3, CCR, section 2701 et seq: Level 1 means the strategy reduces engine diesel pa rticulate matter emissions by between 25 and 49 percent, Level 2 means the str ategy reduces engine diesel particulate matter emissions by between 50 a nd 84 percent, and Level 3 means the strategy reduces engine diesel particulat e matter emissions by5

85 percent or greater, or reduces engine emissions to less than or equal to 0.01 grams diesel PM per brake horsepower-hour.

(30) “Loader” means any type of off-road tractor wi th either tracks or rubber tires that

uses a bucket on the end of movable arms to lift an d move material; can be also referred to as a front-end loader, front loader, sk id steer loader, backhoe, rubbertired loader, or wheeled loader.

(31) “Military Tactical Support Cargo Handling Equi pment” means cargo handling equipment that meets military specifications, owned by the U.S. Department of Defense and/or the U.S. military services, and used in combat, combat support, combat service support, tactical or relief operatio ns, or training for such operations.

(32) “Minimum Use Requirement” means an agreement, as part of state or local incentive funding programs or written agreement bet ween mobile cargo handling equipment owners or operators and the Ports of Long Beach, Los Angeles, or Oakland, to use an emission control device on mobil e cargo handling equipment for a specified minimum number of years and/or hour s.

(33) “Mobile Crane” means the propulsion engine of a crane other than a rubber-tired gantry crane.

(34) “Model Year” means the CI engine manufacturer’ s annual production period, which includes January 1st of a calendar year, or i f the manufacturer has no annual production period, the calendar year.

(35) “Newly Purchased, Leased, or Rented Cargo Hand ling Equipment” means mobile cargo handling equipment, or a diesel-fueled CI engine installed in mobile cargo handling equipment, that is newly purchased, rented, or leased by an owner or operator on or after January 1, 2007, and is operated at a port or intermodal rail yard in the state of California aft er January 1, 2007.

(36) “Nitrogen Oxides (NOx)” means compounds of nit ric oxide (NO), nitrogen dioxide (NO 2 ), and other oxides of nitrogen, which are typicall y created during combustion processes and are major contributors to smog formation and acid deposition.

(37) “Non-Methane Hydrocarbons (NMHC)” means the su m of all HC air pollutants except methane.

(38) “Non-Yard Truck Mobile Cargo Handling Equipmen t” means all mobile cargo handling equipment other than yard trucks.

(39) “Ocean-going Vessel” means a commercial, gover nment, or military vessel meeting any one of the following criteria:6

(A) a vessel with a “registry” (foreign trade) endo rsement on its United States Coast Guard certificate of documentation, or a vess el that is registered under the flag of a country other than the United S tates; (B) a vessel greater than or equal to 400 feet in l ength overall (LOA) as defined in 50 CFR § 679.2, as adopted June 19, 1996; (C) a vessel greater than or equal to 10,000 gross tons (GT ITC) per the convention measurement (international system) as de fined in 46 CFR 69.51-.61, as adopted September 12, 1989; or (D) a vessel propelled by a marine compression igni tion engine with a percylinder displacement of greater than or equal to 3 0 liters.

(40) “Off-Road Engine” means an engine used in an o ff-road vehicle, or piece of equipment, including a certified on-road diesel eng ine.

(41) “Off-Road Vehicle or Equipment” means any non- stationary device, including registered motor vehicles, powered by an internal c ombustion engine or motor, used primarily off the highways to propel, move, or transport persons or property.

(42) “Owner or Operator” means any person subject t o the requirements of this section, including but not limited to:

(A) an individual, trust, firm, joint stock company , business concern, partnership, limited liability company, association, or corporat ion including but not limited to, a government corporation; and

(B) any city, county, district, commission, the sta te or any department, agency, or political subdivision thereof, any interstate bo dy, and the federal government or any department or agency thereof to t he extent permitted by

law.

(43) “Particulate Matter (PM)” means the particles found in the exhaust of CI engines, which may agglomerate and adsorb other species to f orm structures of complex physical and chemical properties.

(44) “Port” means a place, which typically consists of different terminals, where cargo is loaded onto and unloaded from ocean-going vessel s primarily. A port includes military terminals that operate cargo handling equi pment when located as part of, or on contiguous properties with, non-military term inals.

(45) “Portable CI Engine” means a compression ignit ion (CI) engine designed and capable of being carried or moved from one location to another. Indicators of portability include, but are not limited to, wheels , skids, carrying handles, dolly, trailer, or platform. Portable engines are not sel f-propelled.

(46) “Purchased” means the date shown on the front of the cashed check, the date of the financial transaction, or the date on the engin e purchasing agreement,

whichever is earliest.7

(47) “Railcar Mover” means an off-road vehicle fitt ed with rail couplers and capable of traveling on both roads and rail tracks.

(48) “Reach Stacker” means an off-road truck-like c argo container handler that uses an overhead telescopic boom that can reach across t wo or more stacks of cargo containers and lift the containers from the top.

(49) “Registered Motor Vehicle” means a yard truck or other cargo handling vehicle that is registered as a motor vehicle under Vehicle Code section 4000, et seq.

(50) “Rent” means payment for the use of mobile car go handling equipment for a specified term.

(51) “Retirement” or “Retire” means an engine or ve hicle that will be taken out of service by an owner or operator and will not be ope rated at a port or intermodal rail yard in the State of California. The engine m ay be sold outside of California or scrapped.

(52) “Rubber-tired Gantry Crane or RTG Crane” means an off-road overhead cargo container crane with the lifting mechanism mounted on a cross-beam supported on vertical legs which run on rubber tires.

(53) “Side Handler or Side Pick” means an off-road truck-like cargo container handler that uses an overhead telescopic boom to lift empty or loaded cargo containers by grabbing either two top corners on the longest s ide of a container, both arms of one side of a container, or both top and bottom sides of a container.

(54) “Sweeper” means an off-road vehicle with attac hed brushes underneath that sweep the ground and pick up dirt and debris.

(55) “Terminal” means a facility, including one own ed or operated by the Department of Defense or the U.S. military services, that oper ates cargo handling equipment at a port or intermodal rail yard.

(56) “Tier 4 Off-road Emission Standards” means the emission standards promulgated by the United States Environmental Prot ection Agency in "Control of Emissions of Air Pollution from Nonroad Diesel Engi nes and Fuel; Final Rule" (Vol. 69, No. 124 Fed. Reg. pp. 38957-39273, June 2 9, 2004) which harmonize with the final amended emission standards for newly manufactured off-road engines approved by the Air Resources Board on Dece mber 12, 2004.

(57) “Top Handler or Top Pick” means an off-road tr uck-like cargo container handler that uses an overhead telescopic boom to lift empty or loaded cargo containers by grabbing the top of the containers.

(58) “Verification Procedure, Warranty and In-Use C ompliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (Verification Procedure)” means the Air Resources Board (ARB) reg ulatory procedure codified8

in title 13, CCR, sections 2700-2710

, which is incorporated herein by reference, that engine manufacturers, sellers, owners, or oper ators may use to verify the

reductions of diesel PM and/or NOx from in-use dies el engines using a particular emission control strategy.

(59) “Verified Diesel Emission Control Strategy (VD ECS)” means an emission control strategy, designed primarily for the reduction of d iesel PM emissions, which has been verified pursuant to the “Verification Procedu re for In-Use Strategies to Control Emissions from Diesel Engines” in title 13, California Code of Regulations, commencing with section 2700.

(60) “Yard truck” means an off-road mobile utility vehicle used to carry cargo containers with or without chassis; also known as u tility tractor rig (UTR), yard tractor, yard goat, yard hostler, yard hustler, or prime mover.

(e) Requirements

(1) Newly Purchased, Leased, or Rented Equipment Pe rformance Standards:

(A) Yard Trucks:

1. Except as provided in subsection (c), on or afte r January 1, 2007, no owner or operator shall operate any newly purchased , leased, or rented yard trucks unless they are equipped with the follo wing types of engines:

a. Yard trucks that are registered as motor vehicle s shall be equipped with engines that meet the on-road emission standar ds as specified in title 13, California Code of Regulations, sectio n 1956.8, for the model year in which the yard trucks and engines wer e newly purchased, leased, or rented.

b. Yard trucks that are not registered as motor vehicles shall be equipped with engines:

i. that are certified to the on-road emission stand ards set forth in title 13, CCR, section 1956.8; for the model year i n which the yard trucks and engines were newly purchased, leased, or rented; or

ii. that have been certified to meet the final Tier 4 off-road emission standards for the rated horsepower.

(B) Non-Yard Truck Cargo Handling Equipment:

1. Except as provided in subsection (c), on or afte r January 1, 2007, no owner or operator shall operate any newly purchased , leased, or rented non-yard truck vehicles or equipment unless they me et the following:

a. Non-yard truck mobile cargo handling equipment t hat are registered as motor vehicles shall be equipped with engines th at meet the9 on-road emission standards as specified in title 13 , California Code of Regulations, section 1956.8, for the model year in which the non-yard truck mobile cargo handling equipment and engines w ere newly purchased, leased, or rented.

b. Non-yard truck mobile cargo handling equipment t hat are not registered as motor vehicles shall be equipped with engines:

i. that have been certified to meet the on-road emi ssion standards as specified in title 13, California Code of Regula tions, section 1956.8 for the model year in which the non- yard truck mobile cargo handling equipment and engines were ne wly purchased, leased, or rented; or

ii. that have been certified to meet the Tier 4 off -road emission standards for the model year and rated horsepower o f the newly purchased, leased, or rented non-yard truck mobile cargo handling equipment engines; or

c. if (b) above is not available for the specific a pplication and equipment type, the non-yard truck mobile cargo handling equi pment shall be equipped with engines that have been certified to m eet the highest available level off-road diesel engine emission sta ndards as specified in title 13, California Code of Regulations, sectio n 2423 for the rated horsepower and model year in which the equipment we re newly purchased, leased, or rented, provided the owner or operator must install the highest level VDECS available within on e year after the purchase, lease, or rental of the equipment, or wit hin 6 months of when a VDECS becomes available, if that occurs afte r one year after the purchase, lease, or rental.

(2) In-Use Performance Standards for Yard Trucks

(A) In accordance with the schedule set forth below in paragraph (e)(2)(B), no owner or operator shall operate an in-use yard truc k at a port or intermodal rail yard unless the engine meets the performance s tandards set forth

below:

1. is certified to 2007 or later on-road emission s tandards for the model year of the year purchased as specified in title 13 , California Code of Regulations, section 1956.8; or

2. is certified to final Tier 4 off-road emission s tandards for the rated horsepower; or 3. is equipped with a VDECS that results in emissio ns less than or equal to

the diesel PM and NOx emission standards for a cert ified final Tier 4 off-road diesel engine of the same horsepower ratin g.10

(B) Compliance Schedules for In-Use Yard Trucks

1. All owners or operators of three or fewer yard t rucks shall comply with subsection (e)(2) according to the schedule in Tabl e 1:

Table 1: Compliance Schedule for In-Use Yard Truck Fleets of Three or Less

Off-road without VDECS Installed by December 31, 2006 Off-road with VDECS Installed by December 31, 2006

Model Year Compliance Deadline Model Year Compliance Deadline

Pre-2003 Dec. 31, 2007 Pre-2003 Dec. 31, 2008

2003 Dec. 31, 2010 2003 Dec. 31, 2011

2004 Dec. 31, 2011 2004 Dec. 31, 2012

2005 Dec. 31, 2012 2005 Dec. 31, 2013

2006 Dec. 31, 2013 2006 Dec. 31, 2014

On-road without VDECS Installed by December 31, 2006 On-road with VDECS Installed by December 31, 2006

Model Year Compliance Deadline Model Year Compliance Deadline

Pre-2000 Dec. 31, 2007 Pre-2000 Dec. 31, 2008

2000 Dec. 31, 2008 2000 Dec. 31, 2009

2001 Dec. 31, 2009 2001 Dec. 31, 2010

2002 Dec. 31, 2010 2002 Dec. 31, 2011

2003 Dec. 31, 2011 2003 Dec. 31, 2012

2004 Dec. 31, 2012 2004 Dec. 31, 2013

2005 Dec. 31, 2013 2005 Dec. 31, 2014

2006 Dec. 31, 2014 2006 Dec. 31, 2015

2. All owners or operators of four or more yard tru cks shall comply with subsection (e)(2) according to the schedule in Tabl e 2:11

Table 2: Compliance Schedule for In-Use Yard Truck Fleets of Four or More

Off-road without VDECS Installed by December 31, 2006 Off-road with VDECS Installed by December 31, 2006

Model

Year % of Model Year Compliance

Deadline Model

Year % of Model Year Compliance

Deadline

Greater of 3 or 50% Dec. 31, 2007 Greater of 3 or 50% Dec. 31, 2008 Pre-2003 100% Dec. 31, 2008 Pre-2003 100% Dec. 31, 2009

Greater of 3 or 25% Dec. 31, 2010 Greater of 3 or 25% Dec. 31, 2011

50% Dec. 31, 2011 50% Dec. 31, 2012 2003

100% Dec. 31, 2012 2003

100% Dec. 31, 2013

Greater of 3 or 25% Dec. 31, 2011 Greater of 3 or 25% Dec. 31, 2012

50% Dec. 31, 2012 50% Dec. 31, 2013 2004

100% Dec. 31, 2013 2004

100% Dec. 31, 2014

Greater of 3 or 25% Dec. 31, 2012 Greater of 3 or 25% Dec. 31, 2013

50% Dec. 31, 2013 50% Dec. 31, 2014 2005

100% Dec. 31, 2014 2005

100% Dec. 31, 2015

Greater of 3 or 25% Dec. 31, 2013 Greater of 3 or 25% Dec. 31, 2014

50% Dec. 31, 2014 50% Dec. 31, 2015 2006

100% Dec. 31, 2015 2006

100% Dec. 31, 2016

On-road without VDECS Installed by December 31, 2006 On-road with VDECS Installed by December 31, 2006

Model

Year % of Model Year Compliance

Deadline Model

Year % of Model Year Compliance

Deadline

Greater of 3 or 25% Dec. 31, 2007 Greater of 3 or 25% Dec. 31, 2008

50% Dec. 31, 2008 50% Dec. 31, 2009 Pre-2000

100% Dec. 31, 2009 Pre-2000

100% Dec. 31, 2010

Greater of 3 or 25% Dec. 31, 2008 Greater of 3 or 25% Dec. 31, 2009

50% Dec. 31, 2009 50% Dec. 31, 2010 2000

100% Dec. 31, 2010 2000

100% Dec. 31, 2011

Greater of 3 or 25% Dec. 31, 2009 Greater of 3 or 25% Dec. 31, 2010

50% Dec. 31, 2010 50% Dec. 31, 2011 2001

100% Dec. 31, 2011 2001

100% Dec. 31, 2012

Greater of 3 or 25% Dec. 31, 2010 Greater of 3 or 25% Dec. 31, 2011

50% Dec. 31, 2011 50% Dec. 31, 2012 2002

100% Dec. 31, 2012 2002

100% Dec. 31, 2013

Greater of 3 or 25% Dec. 31, 2011 Greater of 3 or 25% Dec. 31, 2012

50% Dec. 31, 2012 50% Dec. 31, 2013 2003

100% Dec. 31, 2013 2003

100% Dec. 31, 2014

Greater of 3 or 25% Dec. 31, 2012 Greater of 3 or 25% Dec. 31, 2013

50% Dec. 31, 2013 50% Dec. 31, 2014 2004

100% Dec. 31, 2014 2004

100% Dec. 31, 2015

Greater of 3 or 25% Dec. 31, 2013 Greater of 3 or 25% Dec. 31, 2014

50% Dec. 31, 2014 50% Dec. 31, 2015 2005

100% Dec. 31, 2015 2005

100% Dec. 31, 2016

Greater of 3 or 25% Dec. 31, 2014 Greater of 3 or 25% Dec. 31, 2015

50% Dec. 31, 2015 50% Dec. 31, 2016 2006

100% Dec. 31, 2016 2006

100% Dec. 31, 201712 a. for each compliance deadline, the percentage of yard trucks (25 percent, 50 percent, or 100 percent) that must meet the requirements of subsection (e)(2) is determined bas ed on the total population of yard trucks for a specific model year or model year group (i.e., pre-2000 or pre-2003, depending upon w hether the equipment is characterized as on- or off-road) that exist in the owner’s or operator’s yard truck fleet as of Janua ry 1 of the first compliance deadline year for that model year or mod el year group;

and b. if the number of yard trucks is not a whole numb er, conventional rounding practices apply (i.e., if less 0.5, round down; if 0.5 or greater, round up).

(3) In-Use Performance Standards for Non-Yard Truck Mobile Cargo Handling Equipment

(A) In accordance with the schedule set forth in su bsection (e)(3)(C), no owner or operator shall operate non-yard truck mobile car go handling equipment unless they meet all of the following:

1. Use one of the Compliance Options for each vehic le or equipment in the active fleet as specified in paragraph (e)(3)(B) pe r the compliance schedule listed in Table 3 in subsection (e)(3)(C); and

2. Adherence to any special circumstances that may apply when a diesel emission control strategy is used as a Compliance O ption as specified in subsection (g); and

3. Maintenance of all records as specified in subse ction (i); and

4. Continuous Compliance. An owner or operator is required to keep all mobile cargo handling equipment operating in Califo rnia in compliance with the requirements of this regulation at all tim es.

(B) Compliance Option. Each owner or operator shal l use one of the following Compliance Options on each engine or vehicle in his fleet as required by the implementation schedule listed in Table 3 in subsec tion (e)(3)(C):

1. Basic Container Handling Equipment:

a. An engine or power system, including a diesel, a lternative fuel, or heavy-duty pilot ignition engine, certified to eith er the 2007 or later model year on-road emission standards for the year manufactured as specified in title 13, CCR, section 1956.8, or the Tier 4 off-road emission standards for the rated horsepower and mod el year of the year manufactured; or13 b. An engine or power system certified to the on-ro ad emission standards for the year manufactured as specified in title 13, CCR, section 1956.8, or certified to the Tier 2 or Tier 3 off-road diesel engine standard for the rated horsepower and model year of the year manufactured, and used in conjunction with the high est level VDECS that is verified for a specific engine family and m odel year. If the highest level VDECS used is Level 1, the engine or power system
must meet the certified Tier 4 off-road emission st andards, or be equipped with a Level 3 VDECS by December 31, 2015; or

c. An engine or power system either certified to th e Tier 1 off-road diesel engine standard, as specified in title 13, C CR, section 2423, or manufactured prior to implementation of the Tier 1 off-road diesel engine standard, both of which must be used in conj unction with the highest level VDECS that is verified for the specif ic engine family and model year. If the highest level VDECS used is Lev el 1 or Level 2, the engine or power system must meet the certified Tier 4 off-road emission standards or be equipped with a Level 3 VD ECS by December 31, 2015.

2. Bulk Cargo Handling Equipment:

a. An engine or power system, including a diesel, a lternative fuel, or heavy-duty pilot ignition engine, certified to eith er the 2007 or later model year on-road emission standards for the year manufactured as specified in title 13, CCR, section 1956.8, or the Tier 4 off-road emission standards for the rated horsepower and mod el year of the year manufactured; or

b. An engine or power system certified to the on-ro ad emission standards for the year manufactured as specified in title 13, CCR, section 1956.8, or certified to the Tier 2 or Tier 3 off-road diesel engine standard for the rated horsepower and model year of the year manufactured, and used in conjunction with the high est level VDECS that is verified for a specific engine family and m odel year. If the highest level VDECS used is Level 1, the engine or power system
must meet the certified Tier 4 off-road emission st andards, or be equipped with a Level 3 VDECS by December 31, 2015; or

c. An engine or power system either certified to th e Tier 1 off-road diesel engine standard, as specified in title 13, C CR, section 2423, or manufactured prior to implementation of the Tier 1 off-road diesel engine standard, both of which must be used in conj unction with the highest level VDECS that is verified for the specif ic engine family and model year. If the highest level VDECS used is Lev el 1, the engine or power system must meet the certified Tier 4 off- road emission14 standards or be equipped with a Level 3 VDECS by December 31, 2015.

3. Rubber-Tired Gantry Cranes:

a. An engine or power system, including a diesel, a lternative fuel, or heavy-duty pilot ignition engine, certified to eith er the 2007 or later model year on-road emission standards for the year manufactured as specified in title 13, CCR, section 1956.8, or the Tier 4 off-road emission standards for the rated horsepower and mod el year of the year manufactured; or

b. An engine or power system certified to the on-ro ad emission standards for the year manufactured as specified in title 13, CCR, section 1956.8, or certified to the Tier 2 or Tier 3 off-road diesel engine standard for the rated horsepower and model year of the year manufactured, and used in conjunction with the high est level VDECS that is verified for a specific engine family and m odel year; or

c. An engine or power system either certified to th e Tier 1 off-road diesel engine standard, as specified in title 13, C CR, section 2423, or manufactured prior to implementation of the Tier 1 off-road diesel engine standard, both of which must be used in conj unction with the highest level VDECS that is verified for the specif ic engine family and model year. If the highest level VDECS used is Lev el 1 or Level 2, the engine or power system must meet the certified Tier 4 off-road emission standards or be equipped with a Level 3 VD ECS by the latter of model year plus 12 years or December 31, 2015.

(C) Compliance Schedule for Non-Yard Truck Mobile C argo Handling Equipment

1. All owners or operators of non-yard truck mobile cargo handling equipment shall comply with subsection (e)(3) accor ding to the schedule

in Table 3:15

Table 3: Compliance Option Compliance Schedule for Non-Yard Truck In-Use

Mobile Cargo Handling Equipment

a. for each compliance deadline, the percentage of non-yard truck equipment (25 percent, 50 percent, or 100 percent) that must meet the requirements of subsection (e)(3) is determined based on the total population of non-yard truck equipment for a specific model year group (i.e., pre-1988) that exist in the owner’s or operator’s non-yard truck fleet as of January 1 of the first complianc e deadline year for that model year group; and b. if the number of non-yard truck equipment is not a whole number, conventional rounding practices apply (i.e., if les s 0.5, round down; if 0.5 or greater, round up).

(4) Fuel Requirements

(A) Except as provided for in subsection (c), on or after January 1, 2007, no owner or operator of cargo handling equipment shall fuel the equipment with any fuel unless the fuel is one of the following:

1. CARB Diesel Fuel; or 2. An alternative diesel fuel that meets the requir ements of the Verification Procedure; or 3. An alternative fuel; or

4. CARB Diesel Fuel used with fuel additives that m eets the requirements of the Verification Procedure; or 5. Any combination of (e)(4)(A)1. through (e)(4)(A) 4. above.

(B) Owners or operators choosing to use alternative diesel fuels in mobile cargo handling equipment to meet the requirements of subs ections (e)(2) and (e)(3) shall:

1 Compliance date refers to December 31 st of the year indicated. Compliance Date 1

Non-Yard Truck Fleets of 4 or More

Engine Model

Years Non-Yard Truck

Fleets of 3 or Fewer First 3 or 25% (whichever is greater) 50% 75% 100%

pre-1988 2007 2007 2008 2009 2010

1988-1995 2008 2008 2009 2010 2011

1996-2002 2009 2009 2010 2011 2012

2003-2006 2010 2010 2011 2012 201316 1. Maintain records in accordance with subsection ( i); and 2. Use only fuel that is a VDECS alternative diesel fuel in mobile cargo handling equipment at ports or intermodal rail yard s in California; and 3. Permanently affix a label in clear view near the fill spout that identifies the proper fuel that is required to be in complianc e; and 4. In the event that the owner or operator decides to revert to using CARB diesel fuel, the operator shall comply with the req uirements of subsections (e)(2) and (e)(3) within 10 days of dis continuation of alternative diesel fuel use. Within 10 days of dis continuation, the owner or operator shall notify the Executive Officer in w riting of this change in fuel use and shall include an update to any annual report submitted to comply with subsections (j).

(C) Owners or operators that retrofit mobile cargo handling equipment with a VDECS that requires certain fuel properties to be m et in order to achieve the required PM reduction or PM emissions shall only fu el the subject mobile cargo handling equipment with fuel that meets these specifications. In addition, owners or operators that choose a VDECS t hat requires certain fuel properties to be met in order to prevent damag e to the VDECS or an increase in toxic air contaminants, other harmful c ompounds, or in the nature of the emitted PM, shall only fuel the subje ct mobile cargo handling equipment with fuel that meets these specifications

.

(f) Compliance Extensions

An owner or operator may be granted an extension to a compliance deadline specified in subsection (e) for one of the following reasons. If a compliance extension is granted by the Executive Officer, the owner or operator sha ll be deemed to be in compliance as specified by the Executive Officer’s authorization. Unless specifically stated, compliance extensions may not be combined or used c onsecutively, and only one compliance extension type may be granted per engine or vehicle.

(1) Compliance Extension for an Engine Near Retirement . If an owner or operator has applied a Compliance Option to its fleet pursua nt to the schedule set forth in Table 3 of subsection (e), and the next engine subj ect to the Compliance Options

is scheduled to be retired from the active fleet wi thin one year of the applicable compliance deadline, the owner or operator does not need to apply a Compliance Option to that engine for up to one year , provided the owner or operator maintains appropriate records and document ation, as specified in subparagraph (i)(1)(F), regarding the assigned reti rement date and the engine is retired on or before the assigned date. If upon in spection, ARB finds the aforementioned conditions to have not been met, the engine would be in noncompliance from the date that compliance would o therwise have been required under the schedule set forth in Table 3 of subsection (e).17

(2) Compliance Extension Based on No Verified Diesel Em ission Control Strategy for Non-Yard Truck Mobile Cargo Handling Equipment . If the Executive Officer has not verified a diesel emission control strategy or one is not commercially available for a particular engine and equipment com bination, an annual extension in compliance, up to a maximum of two years, may be granted by the Executive Officer. The Executive Officer shall grant the ext ension upon determining that the following circumstances have been met:

(A) The owner or operator has applied to the Execut ive Officer for a compliance extension for an engine six months prior to each co mpliance deadline specified in subsection (e)(3)(C) and provided suff icient documentation to

meet the conditions set forth below. The owner or operator may, six-months prior to the expiration of the extension, apply for an additional one-year extension. In such a case, the owner or operator s hall once again be required to show to the Executive Officer’s satisfa ction that the conditions

set forth below have been met: 1. Establish that it has applied a Compliance Optio n specified in subsection (e)(3) to all applicable engines in its fleet for which a Compliance Option is feasible pursuant to the sched ule set forth in Table 3 of subsection (e), 2. Identify each engine for which an extension is r equested by engine serial number; engine manufacturer, model year, fam ily, and series; and type of mobile cargo handling equipment, for which a specific diesel emission control strategy would jeopardize the orig inal engine warranty and a statement from the engine manufacturer or aut horized dealer stating the original engine warranty would be jeopa rdized; or 3. Identify each engine and equipment or vehicle co mbination for which an extension is requested by engine serial number; eng ine manufacturer, model year, family, and series; and type of mobile cargo handling equipment, for which no diesel emission control str ategy is commercially

available and a list of manufacturers that have bee n contacted with their responses to a request to purchase, and 4. Describe the reason(s) for the request for a com pliance extension for each engine or engine and equipment or vehicle comb ination.

(3) Use of Experimental Diesel Particulate Matter Emiss ion Control Strategies for Non-Yard Truck Mobile Cargo Handling Equipment . An annual compliance extension may be granted by the Executive Officer f or the use of an experimental, or non-verified, diesel PM emission c ontrol strategy if a VDECS is not available or if the owner or operator can demon strate that an existing VDECS is not feasible for their equipment or application. The owner or operator shall keep documentation of this use in records as specif ied in paragraph (i)(1)(G). Each mobile cargo handling equipment engine will be considered to be in compliance for the duration of the experiment, unti l the extension expires. The owner or operator must bring the mobile cargo handl ing equipment into compliance prior to the end of the annual complianc e extension. The Executive18

Officer may grant the extension upon determining th at the owner or operator has met the conditions specified below:

(A) The engine owner or operator has applied to the Executive Officer for a compliance extension six months prior to each compl iance deadline, including annually if the owner or operator wishes to continue with the experimental controls. The application must includ e emissions data demonstrating the experimental control achieves at least a Level 1 diesel PM emission reduction through: 1. off-road engine certification test data for the cargo handling equipment engine; 2. engine manufacturer test data; 3. emissions test data from a similar engine; 4. emissions test data used in meeting the requirem ents of the Verification Procedure for the emission control strategy impleme nted; or 5. emissions testing conducted under the following conditions: a. baseline testing may be conducted with the emiss ion control strategy in place, provided the test sample is taken upstrea m of the emission control strategy; b. control strategy testing shall be performed on t he cargo handling equipment engine with full implementation of the em ission control strategy; c. the percent change from baseline shall be calcul ated as the baseline emissions minus control strategy emissions, with th e difference being divided by the baseline emissions and the result ex pressed as a percentage;
d. the same test method shall be used for determini ng both baseline emissions and control strategy emissions; and e. diesel PM, NOx, CO, HC, NMHC, and CO 2 testing shall be done in accordance with one of the following methods: i. International Organization for Standardization ( ISO) 8178 Test procedures: ISO 8178-1: 1996(E) (“ISO 8178 Part 1” ); ISO 8178-2: 1996(E) (“ISO 8178 Part 2”); and ISO 81 78-4: 1996(E) (“ISO 8178 Part 4”), which are incorporated herein by reference; or ii. Title 13, California Code of Regulations, secti on 2423, “Exhaust

Emission Standards and Test Procedures – Off-Road Compression Ignition Engines,” which is incorporate d herein by

reference.

(B) The application for extension must include the following: explanation demonstrating that the highest level VDECS are not feasible for the specific equipment or application (if applicable), identific ation of each engine (serial number, engine manufacturer, model year, family, an d series), description of the emission control system to be demonstrated, emi ssions data required in (A) above, the contact information for the emission control system supplier,19 and a letter of intent from the supplier that they intend to apply for verification of the experimental system;

(C) The owner or operator must bring the mobile car go handling equipment into compliance prior to the end of the compliance exten sion period;

(D) If VDECS are available, or become available dur ing the extension period, and are determined to be feasible for the specific engine and equipment type, the owner or operator must demonstrate that t he experimental control achieves equivalent to or better than a Level 1 VDE CS; and

(E) No experimental diesel particulate matter emiss ion control strategy may be used on mobile cargo handling equipment after Decem ber 31, 2015.

(4) Compliance Extension for Equipment Manufacturer Del ays . An owner or operator who has purchased new equipment in order t o comply with subsection (e), including an owner or operator who has been granted a compliance extension per subsections (f)(2), (f)(3) , or (f)(5), will be considered to be in compliance if the new equipment has not been received due to manufacturing delays, as long as the following cond itions are met:

(A) The equipment was purchased, or the owner or op erator and seller had entered into contractual agreement for the purchase , at least six months prior to the required compliance date as specified in subsection (e); and

(B) Proof of purchase, such as a purchase order or signed contract for the sale, including engine specifications for each applicable equipment, must be maintained by the owner or operator and provided to an agent or employee of ARB upon request.

(5) Compliance Extension for Yard Trucks Having VDECS w ith Minimum Use Requirements . If VDECS were installed on a yard truck prior to December 31, 2005, and the minimum use requirements of the VDECS, as established under a public funding program, is late r than the compliance date as specified in subsection (e)(2)(B), an exemption fro m compliance may be extended to three years beyond the installation dat e of the VDECS if the following conditions are demonstrated by the owner or operator:

(A) The VDECS was installed using funding from a pu blic agency; and

(B) The funding program stipulated minimum use requ irements that would expire after the required compliance date as specif ied in subsection (e)(2)(B).20

(g) Diesel Emission Control Strategy Special Circum stances

An owner or operator shall maintain the original le vel of the elected Compliance Option for each engine once that engine is required to be in compliance, and is not required to upgrade to a higher level of Compliance Option, exc ept under specified special circumstances, as follows:

(1) In the event of a failure or damage of a diesel emission control strategy, the following conditions apply:

(A) Failure or Damage during the Warranty Period. If a diesel emission control strategy fails or is damaged within its warranty pe riod and the diesel emission control strategy manufacturer or authorize d dealer determines it cannot be repaired, the owner or operator shall rep lace the diesel emission control strategy with either the same level diesel emission control strategy or another approved Compliance Option as defined in su bsection (e)(3) within 90 days of diesel emission control strategy failure

.

(B) Failure or Damage Outside of Warranty Period. If a diesel emission control strategy fails or is damaged outside of its warrant y period, and it cannot be repaired, the owner or operator shall apply a Compl iance Option within 90 days, as defined in subsection (e)(3).

(h) Alternative Compliance Plan for Non-Yard Truck Cargo Handling Equipment

(1) Requirements

(A) The purpose of this subsection is to allow any person (“person” or “applicant”) subject to this regulation the option of complying with the requirements of this subsection (h) in lieu of the requirements of subsection (e)(3). Under this subsection (h), alternative emi ssion control strategies (AECS) can be implemented as an alternative complia nce plan (ACP), provided they result in no greater emissions, expre ssed in pounds, of diesel PM and NOx from the non-yard truck cargo handling e quipment, over the applicable calendar year, relative to the emissions that would have occurred under subsection (e)(3).

(B) An applicant wishing to participate in an ACP m ay include one or more nonyard truck cargo handling equipment in the ACP, but the applicant shall only include equipment that the person owns or operates under their direct control at the same port or intermodal rail yard.

(C) No cargo handling equipment shall be included i n more than one ACP.21

(D) AECS may include, but are not limited to:

1. equipment engine modifications, 2. exhaust treatment control, 3. engine repower, 4. equipment replacement, and

5. use of alternative fuels or fuel additives.

(E) The ACP application demonstrating compliance wi th this subsection shall contain, at a minimum, the following information:

1. the company name, address, and contact informati on; 2. the equipment subject to the ACP, including equi pment and engine make, model, and serial numbers, and other informat ion that uniquely identify the equipment; 3. documentation, calculations, emissions test data , or other information that establishes the diesel PM and NOx reductions, expressed in pounds, from non-yard truck cargo handling equipmen t will be equivalent to or greater than the emission reductio ns that would have been achieved upon compliance with subsection (e)(3 ); 4. the proposed recordkeeping, reporting, monitorin g, and testing procedures that the applicant plans to use to demon strate continued compliance with the ACP.

(F) Emission reduction calculations demonstrating e quivalence with the requirements of subsection (e)(3) shall only includ e diesel PM and NOx emissions from non-yard truck cargo handling equipm ent that operate at the California port or intermodal rail yard to which th e ACP applies.

(G) Any owner or operator subject to an approved AC P shall maintain operating records in a manner and form as specified by the Ex ecutive Officer in the approved ACP. Required records may include, but ar e not limited to, information on hours of operation, fuel usage, main tenance procedures, and emissions test results. Such records and reports s hall be retained for a period of not less than three (3) years and shall b e submitted to the Executive Officer in the manner specified in the ap proved ACP and upon request by the Executive Officer.

(H) Emission reductions included in an ACP shall no t include reductions that are otherwise required by any local, State, or federal rule, regulation, or statute, or that are achieved or estimated from equipment no t located at the specific port or intermodal rail yard to which the ACP appli es.

(I) No person may operate any non-yard truck cargo handling equipment under an ACP unless the applicant has first been notified in writing by the Executive Officer that the ACP application has been approved. Prior to such22 approval, applicants shall comply with the provisio ns of this section, including the requirements in subsection (e)(3).

(2) Application Process

(A) Applications for an ACP shall be submitted in w riting to the Executive Officer

for evaluation.

(B) The Executive Officer shall establish an Intern et site (“ACP Internet site”) in which all documents pertaining to an ACP applicatio n will be made available for public review. The Executive Officer shall als o provide a copy of all such documents to any person upon request (“interested p arty(ies)”). The Executive Officer shall provide two separate public comment periods during the ACP application process, as specified in this s ubsection (h)(2).

(C) Completeness Determination

Within 15 days after receiving an ACP application(s ), the Executive Officer shall notify the applicant whether the application is deemed sufficiently complete to proceed with further evaluation. If th e application is deemed incomplete, the notification shall identify the app lication’s deficiencies. The Executive Officer shall have an additional 15-day p eriod for reviewing each set of documents or information submitted in respon se to an incompleteness determination. Nothing in this subs ection prohibits the Executive Officer from requesting additional inform ation from the applicant, during any part of the ACP application process, whi ch the Executive Officer determines is necessary to evaluate the application

.

(D) Notice of Completeness and 30-Day First Public Comment Period

After an ACP application has been deemed complete, the Executive Officer shall provide a 30-day public comment period to rec eive comments on any element of the ACP application and whether the Exec utive Officer should approve or disapprove the ACP application based on the contents and merits of the application. The Executive Officer s hall notify all interested parties of the following:

1. the applicant(s); 2. the start and end dates for the 30-day first com ment period; and

3. the address of the ACP Internet site where the a pplication is posted.

The Executive Officer shall also make this notifica tion available for public

review on the ACP Internet site.23

(E) Proposed Action and 15-Day Second Public Commen t Period

Within 30 days after the first public comment perio d ends, the Executive Officer shall notify the applicant and all interest ed parties of ARB’s proposed approval or disapproval. This notification shall p ropose to approve the application as submitted, disapprove the applicatio n, or approve the ACP application with modifications as deemed necessary by the Executive Officer. The notification shall identify the start and end dates for the 15-day second public comment period. During the second pu blic comment period, any person may comment on the Executive Officer’s p roposed approval or disapproval of the ACP application and any element of the application. The

Executive Officer shall also make this notification available for public review

on the ACP Internet site.

(F) Final Action

Within 15 days after the second public comment peri od ends, the Executive Officer shall take final action to either approve o r deny an ACP application and shall notify the applicant accordingly. If the application is denied or modified, the Executive Officer shall state the rea sons for the denial or

modification in the notification. The notification to the applicant and approved ACP, if applicable, shall be made availabl e to the public on the ACP Internet site. In addition, the Executive Offi cer shall consider and address all comments received during the first and second public comment periods, and provide responses to each comment on t he ACP Internet site.

(G) Notification to the Executive Officer of Change s to an Approved ACP

The applicant shall notify the Executive Officer in writing within 30 days upon learning of any information that would alter t he emissions estimates submitted during any part of the ACP application pr ocess. If the Executive Officer has reason to believe that an approved ACP has been granted to a person that no longer meets the criteria for an ACP , the Executive Officer may, pursuant to subsection (h)(3) below, modify or revoke the ACP as necessary to assure that the applicant and subject non-yard truck cargo handling equipment will meet the emission reduction requirements in this

section.

(3) Revocation or Modification of Approved ACPs

With 30-days notice to the ACP holder, the Executiv e Officer may revoke or modify, as needed, an approved ACP if there have be en multiple violations of the ACP provisions or the requirements of the approved ACP; or if the Executive Officer has reason to believe that an approved ACP has been granted that no longer meets the criteria or requirements for an AC P or the applicant can no longer comply with the requirements of the approved ACP in its current form.24

Public notification of a revocation or modification of an approved ACP shall be

made available on the ACP Internet site.

(i) Recordkeeping Requirements

Beginning December 31, 2006, an owner or operator o f mobile cargo handling equipment shall maintain the following records or c opies of records at port and intermodal rail yard facilities where applicable. The owner or operator shall provide the following records for inspection to an agent or emp loyee of ARB upon request, including copies of these records at the department’s expense , for all mobile cargo handling equipment subject to compliance with the regulation :

(1) Records Kept at Terminal. The owner or operato r shall keep the following records accessible either in hard copy format or co mputer records at the terminal where the mobile cargo handling equipment normally resides:

(A) Owner or Operator Contact Information 1. Company name 2. Contact name, phone number, address, e-mail addr ess 3. Address of equipment

(B) Equipment and Engine Information 1. Make of equipment and engine 2. Model of equipment and engine 3. Engine family (if applicable) 4. Engine serial number 5. Year of manufacture of equipment and engine (if unable to determine, approximate age) 6. Rated brake horsepower 7. Control equipment (if applicable) a. Type of diesel emission control strategy

b. Serial number of installed diesel emission contr ol strategy

c. Manufacturer of installed diesel emission contro l strategy

d. Model of installed diesel emission control strat egy e. Installation date of installed diesel emission c ontrol strategy f. Level of control (1, 2, or 3); if using a Level 1 or 2, include the reason

for the choice g. Documentation for Minimum Use Requirement Compli ance Extension pursuant to paragraph (f)(5)

(C) Records of maintenance for each installed diese l emission control strategy

(D) Fuel(s) Used

1. CARB Diesel 2. Alternative diesel fuel (specify) 3. Alternative fuel (specify)25 4. Combination (dual fuel) (specify) 5. Other (specify)

(E) Operation Information 1. Describe general use of engine 2. Typical load (percent of maximum bhp rating) 3. Typical annual hours of operation 4. If seasonal, months of year operated and typical hours per month operated

(F) For each engine for which an owner or operator is claiming an exemption pursuant to paragraph (f)(1), the retirement date c orrelated to the information in paragraph (i)(1) above

(G) For each engine for which an owner or operator is claiming an extension pursuant to paragraph (f)(3), the records of the te st plan, including start and end dates of the experiment; diesel particulate mat ter emission control strategy manufacturer name and contact information (representative, address, and phone number); name and type of experi mental diesel particulate matter emission control strategy; and t argeted data to be generated by experiment, correlated to the informat ion in paragraph (i)(1)

above

(H) For each engine for which an owner or operator is claiming an extension pursuant to paragraph (f)(4), the purchase order or signed contract between the owner or operator and seller of the new equipme nt that has been purchased in order to comply with subsection (e)

(I) A statement of compliance, prepared beginning J anuary 1, 2007, and renewed each January 1 thereafter until January 1, 2016, certifying that the owner’s or operator’s engines are in compliance as required, including the following:

1. “The mobile cargo handling equipment at terminal (insert terminal name and name of port or intermodal rail yard) are in co mpliance with title 13, California Code of Regulations, section 2479;” and 2. The owner’s or operator’s name, business address , business telephone;

and 3. The signature of the owner or operator or its ag ent and date signed.

(2) Records Kept in Mobile Cargo Handling Equipment . For each mobile cargo handling equipment, the owner or operator shall kee p the following information affixed to the driver’s side door jamb, or another readily accessible location known by the owner or operator of each mobile cargo handling equipment, in the form of a legible and durable label or in an altern ative form approved by the26

Executive Officer or designee that is immediately a ccessible at the time of inspection by the enforcement agency:

(A) For each installed diesel emission control stra tegy, label information as specified in title 13, CCR, section 2706(g), and th e installation date; or

(B) For each mobile cargo handling equipment that h as installed a certified onroad or off-road engine in order to comply with sub section (e), the engine make, model, and installation date; or

(C) Engine model year and planned compliance date; or

(D) Engine model year and retirement date for an en gine for which an owner or operator is claiming an extension pursuant to parag raph (f)(1); or

(E) Engine model year and beginning and end date fo r which an owner or operator is claiming an extension pursuant to parag raph (f)(2): or

(F) Engine model year and beginning and ending date of the test plan for an engine for which an owner or operator is claiming a n extension pursuant to paragraph (f)(3); or

(G) Engine model year and date of purchase of repla cement engine or equipment for which an owner or operator is claimin g an extension pursuant to paragraph (f)(4); or

(H) Engine model year, date of installation of VDEC S, and supporting documentation for public funding program, for the e ngine and equipment for which an owner or operator is claiming an extension pursuant to paragraph (f)(5).

(3) Each owner or operator shall maintain these rec ords for each mobile cargo handling equipment until it is sold outside of the State of California or is no longer used at a port or intermodal rail yard in the State of California. If ownership is transferred, the seller shall convey the records to the buyer.

(j) Reporting Requirements

(1) Compliance Plan. By January 31, 2007, each own er or operator of in-use mobile cargo handling equipment subject to the requirement s of subsection (e) shall provide the following information to the Executive Officer:

(A) Information listed in paragraph (i)(1), and

(B) An identification of the planned control strate gy (Compliance Plan) for each mobile cargo handling equipment listed in paragraph (i)(1) that, when27 implemented, will result in compliance with subsect ion (e). If applicable, the

information should include the Executive Order numb er issued by the Executive Officer for a VDECS that has been approve d by the Executive Officer through the Verification Procedure. The Co mpliance Plan is not binding and can be changed by the owner or operator prior to the required compliance date(s).

(2) Demonstration of Compliance. By no later than the earliest applicable compliance date specified in subsections (e)(2)(B) or (e)(3)(C), for each in-use cargo handling equipment subject to the requirement s of subsection (e), the owner or operator shall provide the following infor mation to the Executive Officer:

(A) Information listed in (i)(1), and

(B) An identification of the control strategy imple mented for each mobile cargo handling equipment in accordance with the requireme nts of subsection (e) for purposes of demonstrating compliance.

(3) Annual Reporting. Each terminal owner or opera tor shall submit an annual report to the Executive Officer by January 31, 2007, and b y each January 31 annually, through 2016 as described below:

(A) Company name;

(B) Contact name, phone number, address, e-mail add ress;

(C) Address of equipment, including name of port or intermodal rail yard where equipment is operated;

(D) The population, as of January 1 of that year, o f equipment in each yard truck model year group and each non-yard truck model year group; and

(E) A signed affidavit stating the completeness and accuracy of the annual
report.

(4) Reporting for Off-Road Equipment that Does Not Handle Cargo at any Time. Each terminal owner or operator to whom subsection (c)(3) applies, shall submit a report to the Executive Officer by January 31, 20 07, as described below:

(A) Owner or Operator Contact Information 1. Company name 2. Contact name, phone number, address, e-mail addr ess 3. Address of equipment28

(B) Equipment and Engine Information 1. Make of equipment and engine 2. Model of equipment and engine 3. Engine family (if applicable) 4. Engine serial number 5. Year of manufacture of equipment and engine (if unable to determine, approximate age) 6. Rated brake horsepower 7. Control equipment (if applicable) a. Type of diesel emission control strategy

b. Serial number of installed diesel emission contr ol strategy

c. Manufacturer of installed diesel emission contro l strategy

d. Model of installed diesel emission control strat egy e. Installation date of installed diesel emission c ontrol strategy f. Level of control (1, 2, or 3)

(C) Fuel(s) Used

1. CARB Diesel 2. Alternative diesel fuel (specify) 3. Alternative fuel (specify) 4. Combination (dual fuel) (specify) 5. Other (specify)

(D) Operation Information 1. Describe general use of engine 2. Typical load (percent of maximum bhp rating) 3. Typical annual hours of operation 4. If seasonal, months of year operated and typical hours per month operated

(k) Right of Entry

An agent or employee of the Air Resources Board has the right of entry to port and intermodal rail yard cargo handling facilities for the purpose of inspecting on-road and off-road cargo handling equipment and their records to determine compliance to these regulations.

(l) Prohibitions

No person who is engaged in this State in the busin ess of selling to an ultimate purchaser, or renting or leasing new or used mobile cargo handling equipment, including, but not limited to, manufacturers, distr ibutors, and dealers, shall sell, offer for sell, import, deliver, purchase, receive, or otherw ise acquire a new or used mobile cargo handling equipment for the purpose of selling, rent ing, or leasing in California, that does not meet the performance requirements of this regul ation.29

(m) Severability

If any subsection, paragraph, subparagraph, sentenc e, clause, phrase, or portion of this regulation is, for any reason, held invalid, uncons titutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall n ot affect the validity of the remaining portions of the regulation.

(n) Submittal of Documents

(A) All documents required under this regulation to be submitted to the

Executive Officer shall be submitted as follows:

California Air Resources Board Stationary Source Division, Cargo Handling Equipme nt
P.O. Box 2815 Sacramento, California 95812-2815

(B) An alternative method, including electronic sub mittals, may be approved by

the Executive Officer.

NOTE: Authority cited: sections 39600, 39601, 3961 8, 39658, 39659, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, 42400.6, 42402, 42402.1, 42402.2, 42402.3, 42402.4, 42410, 43013, 43018, Cal ifornia Health and Safety Code. Reference: sections 39618, 39650, 39658, 39659, 39 667, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, 42400.6, 4240 2, 42402.1, 42402.2, 42402.3, 42402.4, 42410, 43013, and 43018.