## Appendix B

Proposed Regulation Order Amendments to the Drayage Truck RegulationB-1 PROPOSED REGULATION ORDER

REGULATION TO CONTROL EMISSIONS FROM IN-USE ON-ROAD

DIESEL-FUELED HEAVY-DUTY DRAYAGE TRUCKS

Note: Proposed amendments are shown in underline to indicate additions

and strikeout to indicate deletions, compared to the preexisting regulatory language.

Amend section 2027, title 13, California Code of Re gulations to read as follows.

§ 2027. In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Tru cks.

(a) Purpose. The purpose of this regulation is to reduce emissi ons and public exposure to diesel particulate matter (diesel PM), oxides of nitrogen (NOx), and other air contaminants by setting emission standard s for in-use, heavy-duty diesel-fueled vehicles that transport cargo to and from California's ports and

intermodal rail facilities.

(b) Applicability. This section shall apply to entities listed below t hrough December 31, 2016. Starting January 1, 2017, draya ge trucks are subject to the provisions of title 13, California Code of Regulati ons, section 2025, the Regulation to Reduce “Emissions of Diesel Particula te Matter, Oxides of Nitrogen and Other Criteria Pollutants from In-Use Heavy Dut y Diesel-Fueled Vehicles (Truck and Bus Regulation).”

(1) This regulation applies to owners and operators of on-road dieselfueled, alternative diesel-fueled and dual-fueled h eavy-duty drayage

trucks that operateed at in California, ports and intermodal rail yard

facilities . This regulation also applies to

, "motor carriers” that dispatch drayage trucks that operate in California , "marine or port terminals," "intermodal rail yards," and "rail yard and port au thorities,"

(2) This regulation does not apply to:

(A) dedicated use vehicles;

(B) vehicles operating under an ARB authorized emer gency decree;

(C) authorized emergency vehicles;

(D) military tactical support vehicles;B-2 (E) vehicles that operate at port or intermodal rai l yard properties in which the ARB Executive Officer has granted an annu al exemption under the provisions of subsection (f) to local por t or rail yard authorities; and

(F) yard trucks.

(c) Definitions. For purposes of this section, the definitions of H ealth and Safety Code section 39010 through 39060 apply except to th e extent that such definitions may be modified by the following defini tions that apply specifically to this regulation.

(1) "Alternative Diesel Fuel" means any fuel used in diesel engines that is

not a reformulated diesel fuel as defined in sectio ns 2281 and 2282 of title 13, of the California Code of Regulations, and does not require engine or fuel system modifications for the engine to operate , other than minor modifications (e.g., recalibration of the engine fu el control) that may enhance performance. Examples of alternative diesel fuels include, but are not limited to, biodiesel, Fischer-Trosch fuels , and emulsions of water in diesel fuel. Natural gas is not an alternative d iesel fuel. An emission control strategy using a fuel additive will be trea ted as an alternative diesel fuel based strategy unless:

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

(B b ) the additive is directly mixed into the base fuel 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 com bination is mixed than required for a single fueling of a singl e engine or

vehicle.

(2) "ARB" means the California Air Resources Board

.

(3) "ARB Designees" are defined as those entities t hat ARB designates or contracts with to perform certain functions or prov ide specific services on its behalf under this regulation.

(4) "Authorized Emergency Vehicle" is as defined in Vehicle Code section

165.

(5) "Average Daily Drayage Truck Visits" is determi ned by dividing the

total number of truck visits within a calendar mont h by the total number ofB-3 intermodal rail yard open days for that same calend ar month as represented by the following equation:

( Total number of truck visits Total number of intermodal rail yard

open days = Average daily truck count )

Where:

(A) a 'truck visit' is defined as each occurrence o f a drayage truck transgressing from outside intermodal rail ya rd property onto intermodal rail yard property; and,

(B) an 'open day' is defined as a calendar day in w hich an intermodal rail yard has drayage truck traffic.

(6) "Beneficial Cargo Owner" is a cargo owner, the person for whose account the ocean or rail transportation is provide d, the person to whom delivery is to be made, a shippers' association, or an ocean or rail transportation intermediary that accepts responsibi lity for payment of all applicable charges.

(7) "Bill of Lading" is a document that states the terms of the contract between a shipper and a transportation company. It serves as a document of title of the goods shipped, a contract of carria ge, and a receipt for goods.

(8) "CARB Diesel Fuel" is diesel fuel certified by ARB as meeting the fuel specification standards set forth at title 13, Cali fornia Code of Regulations (CCR) section 2280 et seq.

(9) "Class I Railroad" is a freight railway based o n large revenues ($250 million or more) in comparison to the revenue s of Class II (which ranges from greater than $20 million but less than $250 million) and Class III (less than $20 million) railways, as defined by the Surface Transportation Board (STB).

(10) "Compression Ignition Engine" means an interna l combustion engine with operating characteristics significantly simila r to the theoretical diesel combustion cycle. The regulation of power by contro lling fuel supply in lieu of a throttle is indicative of a compression igniti on engine.

(11) "Dedicated Use Vehicles" are uni-body vehicles that do not have separate tractor and trailers and include but are n ot limited to:

(A) Dedicated auto transports;B-4

(B) Dedicated fuel delivery vehicles;

(C) Concrete mixers;

(D) On-road mobile cranes

(12) "Diesel Fuel" means any fuel that is commonly or commercially known, sold, or represented by the supplier as dies el fuel, including any mixture of primarily liquid hydrocarbons (HC) - org anic compounds consisting exclusively of the elements carbon and h ydrogen - that is sold or represented by the supplier as suitable for use in an internal combustion, compression - ignition (CI) engine.

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

(14) "Diesel particulate matter (diesel PM)" means the particles found in the exhaust of diesel-fueled compression ignition e ngines. Diesel PM may agglomerate and adsorb other species to form struct ures of complex physical and chemical properties. ARB has identifie d diesel PM as a toxic

air contaminant.

(15) "Drayage Truck" means any in

- use on

- road ve hicle with a gross vehicle weight rating (GVWR) greater than 33,000 po unds operating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloading or transporting cargo, such a s containerized, bulk or

break

- bulk go ods.

(15) "Drayage Truck" means any in-use on-road vehic le with a gross vehicle weight rating (GVWR) greater than 26,000 po unds that pulls a trailer or chassis that is used for transporting ca rgo, such as containerized, bulk, or break-bulk goods, that operates:

(A) on or transgresses through port or intermodal rail yard property for the purpose of loading, unloading or transporti ng cargo, including transporting empty containers and chassis ;

or,

(B) off port or intermodal rail yard property trans porting cargo or empty containers or chassis that originated from or is destined to a port or intermodal rail yard property .

Drayage trucks are not:B-5 (C) Vehicles operating off of port or intermodal ra il yard properties that transport cargos that have originated from a p ort or rail yard property but have been off-loaded from the equipmen t (e.g., a trailer or container) that transported the cargo fr om the originating port or rail yard

or

(D) Vehicles operating off of port or intermodal ra il yard properties that transport cargos destined for a port or rail y ard but which the cargos are to be subsequently transferred into or o nto different equipment (e.g., a trailer or container) before bei ng delivered to a port or intermodal rail yard.

(16) "Drayage Truck Owner" means:

(A) the person registered as the owner of a drayage truck as shown by the Department of Motor Vehicles, or its equival ent in another state, province, or country; or the International R egistration Plan.

or

(B) the lessee of the truck, as indicated on the dr ayage truck's registration pursuant to Vehicle Code section 4453. 5.

(17) "Drayage Truck Operator" means the driver of t he vehicle or any person, party or entity that controls the operation of a drayage truck at a port or intermodal rail y ard facility

.

(18) "Drayage Truck Registry (DTR)" is an ARB datab ase that contains

information on all trucks that conduct business at California ports and intermodal rail yards.

(19) "Drayage Truck Registry Number" is a unique id entifier issued to the owner of a drayage truck upon registering in the DT R and corresponds to the truck registered.

(20) "DTR Compliant" means that a drayage truck is currently compliant with the requirements of the regulation, including the requirements for the

DTR and emission standards.

(21) "Dual-Fuel Engine" means any compression ignit ion engine that is engineered and designed to operate on a combination of alternative fuels, such as compressed natural gas (CNG) or liquefied p etroleum gas (LPG)

and diesel fuel or an alternative diesel fuel. Thes e engines have two separate fuel systems, which inject both fuels simu ltaneously into theB-6 engine combustion chamber. A dual-fuel engine is no t an alternative-fuel engine.

(22) "Emergency Event" means any situation arising from sudden and reasonably unforeseen natural disaster such as eart hquake, flood, fire, or other acts of God, or other unforeseen events beyon d the control of drayage truck owners and operators that threatens p ublic health and safety or the reasonable flow of goods movement.

(23) "Emergency Decree" means a determination by th e Executive Officer that an emergency event has occurred that requires the immediate temporary operation of drayage trucks at ports and intermodal rail yard

facilities.

(24) "Executive Officer" is the Executive Officer o f ARB or his/her authorized representative.

(25) "Gross Vehicle Weight Rating (GVWR)" is as def ined in Vehicle Code

Section 350.

(26) "Heavy-Duty" is a manufacturer's gross vehicle weight rating GVWR of greater than 33,000 26,000 pounds.

(27) "Intermodal Rail Yard" is any rail facility ow ned or operated by a Class I railroad where cargo is transferred from dr ayage truck to train or

vice-versa that:

(A) is within 80 miles of a port;

or,

(B) is located more than 80 miles from the nearest port and having, on or after January 2008, 100 or more average daily drayage truck visits in any one calendar month.

Once a rail yard, identified in (B) above, has 100 or more average daily drayage truck visits in any one month, the rail yar d will be considered an intermodal rail yard and will be subject to all pro visions of this regulation regardless of the size of future average daily dray age truck visits. Intermodal rail yards include, but are not limited to, the following facilities: Union Pacific (UP) Oakland, Burlington Northern San ta Fe (BNSF) Hobart, LATC Union Pacific, Commerce UP, Richmond BNSF, Com merce Eastern BNSF, ICTF UP, San Bernardino, Stockton Intermodal BNSF, Lathrop Intermodal UP, and BNSF Oakland.B-7 (28) "International Registration Plan" is a registr ation reciprocity agreement among states of the United States and pro vinces of Canada providing for payment of license fees on the basis of total distance operated in all jurisdictions.

(29) "Lessee" has the same meaning as in Vehicle Co de section 371.

(30) "Liquid Natural Gas (LNG) Fueled Trucks" are d rayage trucks that utilize a heavy-duty pilot ignition engine that is designed to operate using an alternative fuel, except that diesel fuel is use d for pilot ignition at an average ratio of no more than one part diesel fuel to ten parts total fuel on any energy equivalent basis. An engine that can ope rate or idle solely on diesel fuel at any time does not meet this definiti on.

(31) "Marine or Port Terminals" means wharves, bulk heads, quays, piers, docks and other berthing locations and adjacent sto rage or adjacent areas and structures associated with the primary movement of cargo or

materials from vessel to shore or shore to vessel i ncluding structures which are devoted to receiving, handling, holding, consolidating and loading or delivery of waterborne shipments or pass engers, including

areas devoted to the maintenance of the terminal or equipment. For the purposes of this regulation, the term includes but is not limited to production or manufacturing areas, warehouses, stor age facilities, and private or public businesses or entities located on or surrounded by port
property.

(32) "Military Tactical Support Vehicles" is as def ined in title 13, CCR,

section 1905.

(33) "Motor Carrier" is a business intermediary tha t contracts with beneficial cargo owners, ship companies, port termi nals or Class I
railroads, and with drayage truck owners whom it dispatches for pick-up and delivery of goods and with drayage truck owners , who it dispatch es to that are destined for or originated from ports and/or intermodal rail yards to pick up and deliver such goods

.

(34) "On-road" means a vehicle that is designed to be driven on public highways and roadways and that is registered or is capable of being registered by the California Department of Motor Ve hicles (DMV) under Vehicle Code sections 4000 et seq. - or DMV's equiv alent in another state, province, or country; or the International Registra tion Plan. A vehicle covered under ARB's In-Use Off-Road Regulation, tit le 13, CCR, section

2449 is not an on-road vehicle.B-8 (35) "Oxides of nitrogen (NOx)" means compounds of nitric oxide, nitrogen dioxide, and other oxides of nitrogen. Nitrogen oxi des are typically created during combustion processes and are major contribut ors to smog formation and acid deposition.

(36) "Port" is the port property where marine and p ort terminals are typically located for the loading and unloading of water-borne commerce onto and from ocean-going vessels. For purposes of this regulation, port does not include port property that is not related to or primarily used to engage in water-borne commerce. Ports covered by th is regulation include, but are not limited to, the Port of Long B each, Port of Los Angeles, Port of Humboldt Bay, Port of San Diego, P ort of Hueneme, Port of Oakland, Port of San Francisco, Port of Sacramen to, Port of Stockton, Port of Redwood City, Port of Crockett, Port of Ric hmond, Port of Pittsburg, and the Port of Benicia.

(37) "Port Authority" means those entities, either public or private, that are responsible for the operation of the ports.

(38) "Port Property" means publicly or privately ow ned property where a port is located. It is the property that includes t he physical boundaries, either contiguous or non-contiguous, of the port an d may include other properties owned by the port. For the purposes of t his regulation, port property includes privately owned property located within a publicly or privately owned port property's boundaries.

(39) "Rail Yard Authority" means those entities, ei ther public or private, that are responsible for the operation of Class I r ail yards.

(40) "Rail Yard Property" means the property consti tuting the physical boundaries of intermodal rail yards. For the purpos es of this regulation, rail yard property also includes privately owned propert y located within intermodal rail yard boundaries.

(41) "Uni-Body Vehicles" are vehicles that do not h ave a separate tractor

and trailer and include but are not limited to:

(A) concrete mixers;

(B) on-road mobile cranes;

(C) on-road construction equipment.

(42) "Vehicle" is as defined in Vehicle Code Sectio n 670.B-9 (43) "Verified Diesel Emission Control Strategy (VD ECS)" is an emission control strategy that has been verified pursuant to the "Verification Procedure, Warranty and In-Use Compliance Requireme nts for In-Use Strategies to Control Emissions from Diesel Engines " in Title 13, California Code of Regulations, commencing with section 2700, and incorporated by

reference.

(44) "Yard Truck" means an off-road mobile utility vehicle used to carry cargo containers with or without chassis; also know n as a utility tractor rig (UTR), yard tractor, yard goat, yard hustler, or pr ime mover.

(d) Requirements and Compliance Deadlines. Drayage trucks subject to this regulation must meet the following requirements by the compliance deadlines

detailed in both Phase 1 AND Phase 2.

(1) Phase 1:

(A) By December 31, 2009, all drayage trucks with a GVWR of greater than 33,000 pounds must be equipped with:

1. 1994-2003 model year engine certified to Califor nia or

federal emission standards and a level 3 VDECS for PM emissions;

or,

2. 2004 or newer model year engine certified to Cal ifornia or federal emission standards;

or,

3. a 1994 or newer model ye ar engine that meets or exceeds 2007 model year California or federal emission stan dards.

(B) After December 31, 2011, all drayage trucks wit h 2004 model year engines with a GVWR of greater than 33,000 pou nds must be equipped with a the highest level 3 VDECS for PM emissions.

(C) After December 31, 2012, all drayage trucks wit h 2005-2006 model year engines with a GVWR of greater than 33,0 00 pounds must be equipped with a the highest level 3 VDECS for PM

emissions.

(2) Phase 2: After December 31, 2013, all drayage trucks with a GVWR of greater than 26,000 pounds, must be equipped with a level 3 VDECS forB-10 PM emissions. 1994 or newer model year engine that meets or exce eds 2007 model year California or federal emission stan dards.

(3) Drayage Truck Owner Requirements

(A) Drayage truck owners shall:

1. meet all applicable requirements and deadlines s et forth in Phases 1 and 2 above;

2. if an aftermarket level 3 VDECS is installed, be able to

demonstrate that:

a. the VDECS has been verified by ARB for use with the engine and vehicle, as described in the Executi ve Order for the VDECS;

b. use of the vehicle must be consistent with the conditions of the Executive Order for the VDECS;

c. the VDECS is installed in a verified configurati on;

d. the engine met the engine manufacturer's operational specifications prior to the VDECS
installation;

e. the VDECS label is visible;

f. the level 3 VDECS is mounted in a safe and secur e manner on the vehicle consistent with provisions in (3)(A)(2)(c) above, and the fixed position of the l evel 3

VDECS does not obscure vehicle rear view or side mirror visibility in any way.

g. all emission control devices are functioning properly and maintained per manufacturer's specifications;

h. in the event of a failure or damage of an aftermarket level 3 VDECS or an OEM equivalent diesel emissions control system while the device is still under warranty, it has taken prompt action to repair or replace the device by the manufacturer or

authorized dealer with the same level of VDECS or OEM equivalent diesel emissions control systemB-11 within 45 days of first noticing or being notified of the failure or damage to the device.

i. it has adhered to the terms and conditions in th e aftermarket manufacturer or OEM warranty governing

the use of the device.

j. if the failure or damage to the level 3 VDECS or OEM equivalent diesel emissions control system occurs after expiration of the warranty period, it has taken prompt action to personally repair or replace the failed or damaged device with the same level VDECS or OEM equivalent diesel emissions control system available for the engine within 90 days of first no ticing or being notified of the failure or damage to the

device.

k. it has not misused, dismantled, or tampered with any components of the level 3 VDECS or OEM equivalent diesel emissions control system, except for purposes of recommended periodical maintenance by an authorized agent, or when it is necessary to det ach

the device to service the vehicle.

3. register with the DTR, according to subsection ( e);

4. be able to demonstrate that the drayage truck op erator has been informed about the information required un der subsection (d)(5)(A)(4) for the dispatching motor c arrier and instructed to provide such information to any enfor cement personnel listed in subsection (i), upon request.

(B) Phase 1 compliance deadline extension:

1. Drayage truck owners may apply for a one-time, o ne-year, per-truck Phase 1 compliance deadline extension. Th e compliance deadline application must be either elec tronically filed or postmarked by June 1, 2009. To receive the Phase 1 compliance deadline extension, a drayage truck owne r must demonstrate all of the following:

a. the engine installed on his/her current truck is a California or federally certified 1994 - 2003 model year engine;B-12 b. the truck was registered with the DTR prior to J une 1, 2009;

c. no Level 3 diesel emission control technology verified by ARB for use on that combination of truc k and engine was available at the time the extension

was filed.

2. Compliance extension applications shall be submi tted to

ARB at:

CALIFORNIA AIR RESOURCES BOARD DRAYAGE TRUCK PHASE 1 EXTENSION, SSD

P.O. BOX 2815 SACRAMENTO, CA, 95812

or electronically through ARB's drayage truck websi te; http:// www.arb.ca.gov/drayagetruck

3. If after the one-year extension ARB verified tec hnology is still unavailable, the truck owner must comply with the regulation within 90 days of the expiration of the extension by replacing the existing heavy duty truck and/or e ngine with a truck or engine that meets or exceeds the Phase 1 requirements.

(4) Drayage Truck Operator Requirements

(A) Drayage truck operators shall, upon request, :

1. provide the dispatching motor carrier's contact in formation as detailed in subsection (d)(5)(A)(4) to authorize d enforcement personnel as set forth in subsection ( i). ;

2. identify and provide documentation on the origin and destination of the cargo, chassis, and intermodal e quipment (container etc,) to authorized enforcement personne l as set forth in subsection (i). Documentation can include a Delivery Receipt, Pick Up Receipt, Equipment Interchange Rec eipt (J-1), Release Number, Bill of Lading or other docu mentationB-13 that identifies the origin and destination of the c argo and pick up / termination destination of the chassis and int ermodal equipment.

(5) Motor Carrier Requirements

(A) Each motor carrier shall:

1. provide a copy of this regulation or an ARB appr oved summarized version to each drayage truck owner that it contracts with for deliveries to ports and intermod al rail yards;

2. only dispatch drayage trucks to a port or interm odal rail yard that meet emission standards and compliance

deadlines set forth in Phases 1 and 2 in subsection (d);

3. only dispatch drayage trucks to ports and interm odal rail yards that are registered and in good standing with the Drayage Truck Registry (DTR) and are DTR compliant;

4. demonstrate that it has only dispatched drayage trucks whose operators have been informed to provide the m otor carrier information listed below, upon request, to enforcement personnel, as listed in subsection (i).

a. the motor carrier's business name;

b. contact person's name;

c. motors carrier's street address, state, and zip code;

d. contact person's business phone number.

5. keep a record of all dispatched drayage trucks t o a port or intermodal rail yard containing the information set forth in (a) through (d) below for a minimum of five years from the dispatch date. Dispatch records are to be made avai lable to enforcement personnel within 72 hours of an officia l written or oral request.

a. truck dispatch date and time;

b. bill of lading or tracking number;

c. truck license plate number and issuing state;B-14 d. Drayage Truck Registry number.

(6) Marine or Port Terminals and Intermodal Rail Ya rd Requirements

(A) Starting September 30, 2009, marine or port ter minals and intermodal rail yards shall collect the following i nformation for each drayage truck subject to this regulation that enter s the facility that is not DTR compliant as determined by information cont ained within the Drayage Truck Registry.

1. Dispatching motor carrier:

a. business name of dispatching motor carrier;

b. contact person's name;

c. street address, state, zip code of the dispatchi ng motor carrier;

d. phone number of the dispatching motor carrier;

e. bill of lading or tracking number.

2. Drayage truck:

a. entry date and time;

b. registered owner's name;

c. operator's name;

d. operator's license number;

e. drayage truck's license plate number and state o f issuance;

f. drayage truck's vehicle identification number (V IN).

All information collected in subsection (d)(6) shal l be kept for a period of not less than five years from the truck e ntry date and is to be made available to enforcement personnel within 7 2 hours of an official written or oral request.B-15 (B) Marine or port terminals and intermodal rail ya rds shall report the information collected in subsection (A) above t o their respective authorities according to schedule (A) below and in a format acceptable to their respective authority.

Schedule A: Terminal and Intermodal Rail Yard Repor ting Schedule

(7) Port Authorities and Rail Yard Authorities Requ irements

(A) Port and rail yard authorities shall respective ly report the information collected by the port terminals and int ermodal rail yards, as detailed in subsection (d)(6), to, and in a manor and format prescribed by, ARB according to Schedule B b elow. ARB reporting parameters are detailed on ARBs website http://www.arb.ca.gov/drayagetruck

Schedule B: Port and Rail Yard Authority Reporting Schedule

(B) Port and rail yard authorities shall ensure the ir respective terminals and/or intermodal rail yards abide by all Schedule A reporting deadlines. Date Truck Enters

Terminal or Intermodal

Rail Yard Date by which Information is to be Reported to Port or Rail Authority January 1 – March 31 April 15 April 1 – June 30 July 15 July 1 – September 30 October 15

October 1 – December 31 January 15

Date by which Information is to be Reported to the

California Air Resources Board

May 15 August 15

November 15 February 15B-16 (C) Rail yard authorities operating rail yards loca ted greater than 80 miles from the nearest port with less than 100 aver age daily drayage truck visits for each calendar month starti ng January 2008, must complete and submit quarterly verification rep orts according to Schedule B and in a format approved by ARB.

The first quarterly verification report shall inclu de average daily drayage truck visits for each calendar month starti ng with the effective date of the regulation and submitted to A RB according to schedules A and B above. Subsequent quarterly verif ication reports shall include average daily drayage truck visits fo r the three calendar months prior to each reporting date. Quart erly verification reports shall include, but are not limited to, the following information;

1 a . reporting rail yard authority contact information ;

2 b . rail yard name and address;

3 c . average daily drayage truck visits by calendar mo nth.

Quarterly verification applications and additional guidelines can be obtained by contacting ARB at:

CALIFORNIA AIR RESOURCES BOARD RAIL YARD DAILY TRUCK VERIFICATION, SSD

P.O. BOX 2815 SACRAMENTO, CA, 95812

or electronically through ARB's drayage truck websi te; http:// www.arb.ca.gov/drayagetruck

(e) Drayage Truck Registry Requirements.

(1) Truck Owner Requirements

(A) Owners of all drayage trucks doing business at a port or intermodal rail yard prior to September 30, 2009 an d intending to continue operations after that date must register w ith the DTR database by September 30, 2009.B-17 (B) Drayage trucks intending to begin operations at a port or intermodal rail yard after September 30, 2009 must be registered with the DTR database prior to commencing operation s.

(C) Owners of all drayage trucks covered by the reg ulation and doing business at a port or intermodal rail yard must provide the following information to ARB or its designee by mai l to the address in subsection (e)(2) or electronically through ARB' s DTR website http:// www.arb.ca.gov/drayagetruck. The informatio n shall include but may not be limited to:

1. truck owner name, address, and contact informati on (e.g. phone number, email address, fax number);

2. engine make, model, and model year;

3. vehicle identification number (VIN);

4. vehicle license number and state of issuance;

5. compliance status, which shall include:

a. identifying whether the drayage truck has compli ed with the requirements of Phases 1 and 2, set forth in subsection (d) above;

b. if so, how was compliance achieved (e.g. new compliant truck or description of the level 3 VDECS that was used), who did the installation work, and when was it completed;

c. if not, identifying when the drayage truck is scheduled to come into compliance under Phases 1

or 2.

(D) After filing the initial application, the draya ge truck owner shall within 30 days of bringing a truck into compliance with Phase 1 or Phase 2, update the DTR with the vehicle's complian ce status information and any other changes to the vehicle's ownership, DMV registration status, or participation status in IRP

.

(2) Mailing Address for Filing Initial Applications and Updates. Drayage truck owners shall submit DTR applications and any updated information

to ARB at:B-18 CALIFORNIA AIR RESOURCES BOARD C/O DRAYAGE TRUCK REGISTRY, SSD

P.O. BOX 2815 SACRAMENTO, CA, 95812

(3) Failure to register with the DTR or submittal o f false information is a violation of state law and subject to civil or crim inal penalty.

(f) Annual Port or Rail Yard Exemption.

(1) Annual Exemption. An annual exemption may be gr anted, under limited circumstances, by the ARB Executive Officer to ports or rail yards. An exemption may cover a clearly defined portion or the entirety of a port or rail yard. The Executive Officer will exempt a p ort or rail yard that is able to demonstrate one or more of the following:

(A) port or rail yard land is not typically used fo r truck traffic and its primary function or location does not include or at tract drayage trucks covered under this regulation (e.g. a shorel ine animal sanctuary);

(B) the overwhelming majority of trucks accessing t he port or rail yard are exempted under this regulation (e.g. a por t where only dedicated auto transports are in service).

(2) The Exemption Request

(A) a port or rail yard requesting an exemption sha ll mail the
request to:

CALIFORNIA AIR RESOURCES BOARD PORT / RAIL YARD EXEMPTION, SSD

P.O. BOX 2815 SACRAMENTO, CA, 95812

or may send it electronically to ARBs' website http :// www.arb.ca.gov/drayagetruck using the request form available on the site.

(B) the request must be completed and submitted ann ually (via the same website or address listed above) no later than January 1 of the year prior to the exemption year (e.g. a 2010 y ear exemption application must be completed and submitted by Janu ary 1, 2009);

(C) the request will be approved or disapproved by the Executive Officer no later than July 1, of the year prior to the exemption year.B-19 The Executive Officer will then issue an exemption to be valid for the specified port or rail yard for the specified e xemption year.

(g) Penalties. Any person who fails to comply with the performanc e requirements of this regulation, who fails to submi t any information, report, or statement required by this regulation, or who knowi ngly submits any false statement or representation in any application, rep ort, statement, or other document filed, maintained, or used for the purpose s of compliance with this regulation may be subject to civil or criminal pena lties under sections 39674, 39675, 42400, 42400.1, 42400.2, 42402,.2, and 43016 of the Health and Safety Code. In assessing penalties, the Executive Officer will consider factors, including but not limited to the willfulness of the violation, the length of time of noncompliance, whether compliance was attempted, an d the magnitude of noncompliance.

(h) Right of Entry. For the purpose of inspecting on-road vehicles cov ered in this regulation, and their records to determine com pliance with these regulations, an agent or employee of ARB, upon presentation of p roper credentials, has the right to enter any facility (with any necessary saf ety clearances) where on-road

vehicles are located or on-road vehicle records are kept.

(i) Enforcement. Enforcement of this section may be carried out by authorized representatives of ARB, port and rail yard authorit ies; peace officers as defined in California Penal Code, Title 3, chapter 4.5, sectio ns 830 et seq. and their respective law enforcement agencies; and authorized representatives of air pollution control or air quality management distric ts.

(j) Sunset. Provisions of section 2027 shall sunset on Decembe r 31, 2016. Starting January 1, 2017, drayage trucks are subjec t to the provisions of section 2025 (Regulation to Reduce Emissions of Diesel Part iculate Matter, Oxides of Nitrogen and Other Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled Vehicles).

(j k) Relationship to Other Law. Nothing in this section allows drayage trucks to operate in violation of other applicable law, inclu ding, but not limited to:

(1) California Vehicle Code;

(2) California Health and Safety Code;

(3) division 3, title 13, California Code of Regula tions;

(4) any applicable ordinance, rule, or requirement as stringent as, or more stringent than, than the requirements of subsection (d) of this regulation.B-20

(k l) Severability. If any subsection, paragraph, subparagraph, senten ce, clause, phrase, or portion of this regulation is, for any r eason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, an d independent provision, and such holding shall not affect the validity of the r emaining portions of the regulation.

Note: Authority cited: Sections 39002, 39003, 39500

, 39600, 39601, 39602,
39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 4 1511 , 42400,
42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023 and 43600, Health and Safety Code. Reference: Sections 39002, 39003,
39500, 39600, 39601, 39602, 39602.5, 39650, 39658, 39659, 39666, 39667,
39674, 39675, 41511, 42400, 42400.1, 42400.2, 42402.2, 42410, 40717.9,
43000, 43000.5, 43013, 43016, 43018, 43023 and 43600, Health and S afety

Code.