A-1 Attachment 1

MODIFIED REGULATORY LANGUAGE FOR PUBLIC COMMENT

REGULATION TO REDUCE GREENHOUSE GAS EMISSIONS

FROM HEAVY-DUTY VEHICLES

[Note: This document shows the modifications to the originally proposed regulation to reduce greenhouse gas emissions from heavy-duty veh icles, which was originally released to the public on October 24, 2008. All of the text shown below in California Code of Regulations, title 17, sections 95300-95311 is new language. The modifications to the originally proposed language a re shown in strike through to show proposed deletions, and underline to show proposed additions.]

Adopt new S subarticle 1, sections 95300 to 95312, 95311, title 17, California Code of Regulations, to read as follows:



### Subarticle 1: Heavy- Duty Vehicle Greenhouse Gas Emission Reduction

Measure

95300 Purpose.

The purpose of this subarticle is to reduce greenho use gas emissions from heavy-duty (HD) tractors and 53-foot or longer box-type semitr ailers (trailers) that transport freight on California highways.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95301. Applicability.

(a) This subarticle applies to owners and drivers o f the following equipment when driven on California highways, as well as motor car riers, California-based brokers, and California-based shippers that use, or cause to be used, the following equipment on California highways:

(1) HD tractors that pull 53-foot or longer box-typ e trailers; andA-2

(2) 53-foot or longer box-type trailers that are pu lled by HD tractors.

(b) The requirements in this subarticle do not appl y to the following vehicles:

(1) drop-frame trailers;

(2) chassis trailers;

(3) curtain-side trailers;

(4) livestock trailers;

(5) refuse trailers;

(4) (6) box-type trailers less than 53 feet in length;

(5) HD tractors or box

- type trailers that have been granted an exemption u nder the provisions of section 95305, Exemptions:

(6) (7) authorized emergency vehicles; and

(7) (8) military tactical support vehicles.

(c) In accordance with the provisions of section 95 305, Exemptions, specified requirements of this subarticle do not apply to:

(1) local-haul trailers and the tractors pulling lo cal-haul trailers,

(2) local-haul tractors and the trailers pulled by local-haul tractors,

(3) short-haul tractors and the trailers pulled by short-haul tractors, and

(4) drayage tractors and the trailers pulled by dra yage tractors.

(c) (d ) Disclosure of Regulation Applicability: Any pe rson residing in California selling a HD tractor or 53-foot or longer box-type trailer subject to this regulation must provide the following disclosure in writing to the buyer on the bill of sale, “A heavy-duty tractor and 53-foot or longer box-type t railer operated in California may be subject to the California Air Resources Boar d Heavy- Duty Vehicle

Greenhouse Gas Emission Reduction Measure. It ther efore could These vehicles may be required to use low-rolling resistance tires and meet aerodynamic equipment requirements to reduce greenh ouse gas emissions. For more information, please visit the California Air R esources Board website at http://www.arb.ca.gov/cc/hdghg/hdghg.htm.”A-3

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95302. Definitions.

(a) The following definitions apply to this subarti cle:

(1) “Aerodynamic technologies” means components designed to reduce wind resistance on the tractor or trailer resulting in i mproved overall tractor fuel economy and reduced carbon dioxide emissions. Ther e are two types of aerodynamic technologies: fairings and flow control devices.

(2) “Authorize d emergency vehicle” means a vehicle as defined in Vehicle Code

section 165.

(3) (2) “Box-type trailer” means a dry-van trailer or refrigerated-van traile r that is not a drop-frame trailer.

( 4 ) (3) “Broker”

means a person who functions as an intermedia ry between two or more shippers and receivers, dispatching vehicle s for the pick

- up and delivery of freight, but is not a motor carrier or tractor owner or trailer owner

, for compensation, arranges or offers to arrange the transportation of property by a motor carrier. A motor carrier, or pe rson who is an employee or bona fide agent of a carrier, is not a broker wi thin the meaning of this section when it arranges or offers to arrange the t ransportation of shipments which it is authorized to transport and which it ha s accepted and legally bound itself to transport

.

( 5 ) (4) “Cab side extender ” means a flow control device placed vertically on the rear side of the tractor that fans out slightly and that reduces the space

between the tractor and trailer.

(5) “California-based broker” means a broker that maintains a business location

in California.

(6) “California-based shipper” means a shipper that operates a facility in California where freight is located prior to its tr ansportation.

( 6 ) (7) “Chassis trailer” means a trailer composed of a simple chassis for t he mounting of a containerized load.

(8) “Compliance year” means the calendar year in which a fleet owner may bring trailers into compliance to meet the minimum fleet conformance threshold that takes effect on January 1 of the fol lowing year.A-4

(9) “Compliant trailer” means a trailer that complies with the equipment requirements set forth in subsection 95303(b). For the purposes of the optional trailer fleet compliance schedules, to bri ng a trailer into compliance

means to either retrofit the trailer with the neces sary equipment to comply with the equipment requirements set forth in subsec tion 95303(b), as applicable, or replace the trailer with another tra iler that meets the equipment requirements set forth in subsection 9530 3(b), as applicable.

(10) “ Conformance” means meeting or exceeding the minimum fleet conformance thresholds defined section 95307, Optio nal Trailer Fleet Compliance Schedules, Tables 1 and 2. A conforman ce threshold defines the percentage of trailers in a fleet that are requ ired to be compliant in accordance with a large fleet compliance schedule o r a small fleet compliance schedule.

(7 ) “Container”

means a simple, enclosed box of standardized sizes , used designed for intermo dal transport.

(8) (11) “Curtain-side trailer” means a flatbed trailer with tarp sides that can be loaded from the sides, top, or rear.

(12) “Delayed compliance trailer” means a trailer for which compliance may be delayed until January 1, 2017, pursuant to subsecti on 95307(b)(4).

(9) (13) “Dispatch” means to contact vehicle owners, coordinate delivery, pickup, and drop-off schedules of such vehicles; and monitor the delivery of freight

from such these vehicles.

(10) (14) “Dispatch driver ” means the driver of a HD tractor that has been dispatched by a motor carrier or broker.

(15) “ DOORS

” (Diesel On-road and Off-road Reporting System) is the on-line reporting tool for this subarticle. DOORS is also the reporting tool for the Regulation for In-Use On-Road Diesel Vehicles and t he Regulation for InUse Off-Road Diesel Vehicles.

(11) (16) “Drayage tractor” means any in-use on-road tractor with a G g ross
V v ehicle W w eight R r ating of 33,000 pounds or greater operating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloading or transporting cargo, such as c ontainerized, bulk or break-bulk goods.

(12) (17) “Driver”

means a person who physically operates a HD tracto r.A-5

(13) (18) “Drop-frame trailer” means an enclosed rectangular trailer with a

lowered deck that is lower to the ground in the area betw een the trailer hitch and the trailer wheels, starting just behind the bed plate to create more

cargo space.

(14) (19) “Dry-van trailer” means an enclosed rectangular non-climate controlled

trailer.

(20) “Early compliance trailer” means a trailer that has been brought into compliance with the equipment requirements set fort h in subsection 95303(b)(3) as applicable, before January 1, 2010, and for which the owner receives credit, in accordance with the early compliance option set forth in subsection 95307(b)(4), that may be used to delay t he compliance of delayed compliance trailers.

(21) “ Emergency vehicle” means a vehicle as defined in California Vehicle Code

Section 165.

(15) (22) “Fairing” means a structure with smoothly contoured solid sur faces that reduces the wind resistance of the objects they cov er.

(16 ) “Flatbed Trailer” means a trailer consisting of a completely open pla tform with no sides or railings.

(23) “Fleet”

means one or more trailers owned by a person, busi ness, or government agency. A fleet consists of the total n umber of 53-foot or longer box-type trailers under common ownership or control even if they are part of different subsidiaries, divisions, or other organiz ational structures of a

company or agency.

(17) (24) “Flow control device” means an object or a design element that manipulates the air flow around an object by changi ng the air flow characteristics in order to reduce the pressure for ce exerted on the vehicle.

(18) (25) “Front trailer fairing” means a curved fairing that attaches to the front facing surface of a trailer that covers all or part of the trailer’s front facing

surface.

(19) (26) “Fuel tank fairing” also known as a chassis skirt, means a fairing loc ated

at the base of the cab between the front wheel of t he tractor and the forward-most rear wheel, covering the open space an d streamlining the fuel

tank.

(20) (27) “Good operating condition”means the condition of a HD tractor or boxtype trailer that meets the applicable standards in section 95304 for continued aerodynamic efficiency.A-6

(21) (28) “Gross vehicle weight rating” or “GVWR”

means the GVWR as defined

in California Vehicle Code Section 350.

(22) (29) “Heavy-duty tractor” or “HD tractor” means a class 7 or class 8 motor vehicle designed to pull a semitrailer on a highway by means of a fifth wheel mounted over the rear axle(s).

(23) (30) “Highway”

means a “highway” as defined in California Vehicle Code

section 360.

(2 4) (31) “Integrated sleeper cab roof fairing” means a fairing located on the roof of a sleeper-cab-equipped tractor that extends from the front windshield of the tractor cab to the rear edge of the sleeper cab , with enclosed sides that line up with the sides of the sleeper cab.

(25) “Lessee”

means a “lessee”

as defined in section 371 of the Vehicle Code

.

(32) “Livestock trailer” means a semitrailer designed to transport live anim als.

(26) (33) “Local-

haul base” means the location where a short

- haul tractorlocalhaul tractor

or local-haul trailer is garaged, and maintained, and the location

from where a short

- haul trailer is routinely dispatched.

(34) “Local-haul tractor” means a HD tractor that travels exclusively within a 100

mile radius of its local-haul base.

(35) “Local-haul trailer” means a 53-foot or longer box-type trailer that tra vels exclusively within a 100 mile radius of its local-h aul base.

(27) (36) “Low-rolling-resistance tire” means a tire that is designed to 

### improve fuel efficiency of a tractor pulling a trailer by m inimizing its rolling resistance, which consists of the energy lost as heat within the rubber itself, as well as aerodynamic drag of the tire, an d friction between the tire

and the road and between the tire and the rim when the tire is rolling under load; rolling resistance is expressed as the energy consumed per unit

distance as the tire rolls under load.

(28) (37) “Military tactical support vehicle” means a “Military Tactical Support Vehicle” as defined in title 13, California Code of Regulations (CCR), section

1905.

(29) (38) “Motor carrier” means a “Motor carrier” as defined in California V ehicle

Code Section 408. person that contracts to pick up and deliver comme rcial freight, and hires tractor owners or employs drivers, who are dispatched to pick up and deliver commercial freight.A-7

(30) “Owner”

means any person except a bank or other financial lending institution that legally holds title (or its equiva lent) to a HD tractor or trailer showing ownership of the tractor or trailer. For purposes of this subarticle,

a lessee or lessor of a tractor or trailer is consi dered the owner of the tractor or trailer in accordance with the following criteri a:

(39) “Owner”

of a tractor or trailer means the person or person s registered as the owner of the tractor or trailer by the California D epartment of Motor Vehicles or its equivalent in another state, province, or co untry (presumed at the time of any citation to be the person or persons identif ied as the owner on the registration document or title carried on the vehic le), except in the following

circumstances:

(A) a person who is financially and contractually r esponsible for maintaining the tractor or trailer is the owner for purposes of this subarticle if the registered owner of the vehicle c learly demonstrates the person’s maintenance responsibilities include r esponsibility for installing and maintaining the tires and aerodynami c technologies required by this subarticle. Subsections (C), (D) a nd (E) and not this subsection apply to tractors or trailers that are l eased.

(B) for a tractor or trailer owned by the federal g overnment and not registered in any state or local jurisdiction, the owner means the branch, agency or other organization within the fed eral government that operates the tractor or trailer, that is requi red to maintain accountability for the vehicle, or that is shown by the accountable entity to be responsible for the tractor’s or trailer’s ma intenance.

(C) for a leased tractor, the person or persons re gistered as the owner of the tractor or trailer by the California Department of Motor Vehicles or its equivalent in another state, province, or count ry (usually the lessor) is the owner for purposes of this subarticle, excep t that the lessee of the tractor is the owner for purposes of this subar ticle if the lease includes the following statement:

“The lessee of this heavy-duty tractor understands that when using a heavy-duty tractor to pull a 53-foot or lon ger box-type trailer on a California highway, the heavy-duty tra ctor must be compliant with sections 95300 – 95311, title 17, Ca lifornia Code of Regulations, and that it is the responsibility o f the lessee to ensure this heavy-duty tractor is compliant. The re gulations may require this heavy-duty tractor to have low rolling resistance tires that are U.S. Environmental Protection Agency (EPA ) Verified SmartWay Technologies prior to current or future us e in California, or may entirely prohibit use of this tr actor in California ifA-8 it is a model year 2011 or later tractor and is not a U.S. EPA Certified SmartWay Tractor.”

(D) for a leased trailer that is leased prior to January 1, 2013, the person or persons registered as the owner of the tractor or t railer by the California Department of Motor Vehicles or its equi valent in another state, province, or country (usually the lessor) is the owner for purposes of this subarticle, except that the lessee of the trailer is the owner for purposes of this subarticle if both of th e following requirements are met:

1. The lessor demonstrates that the lessor provided the lessee with actual written notice that clearly informed the les see about the requirements of this subarticle and about the lesse e’s obligation under terms of the lease to ensure the trailer comp lies with those requirements prior to use of the trailer in Califor nia. This requirement may be satisfied by inclusion of the fo llowing statement in the lease agreement:

“The lessee of this box-type trailer understands th at when using a heavy-duty tractor to pull a 53-foot or longer bo x-type trailer on a California highway, the box-type trailer must be compliant with sections 95300 – 95311, title 17, California C ode of Regulations, and that it is the responsibility of t he lessee to ensure this box-type trailer is compliant. The regu lations may require this trailer to have low rolling resistance tires and aerodynamic technologies that are U.S. Environmenta l Protection Agency Verified SmartWay Technologies pr ior to

current or future use in California.”

2. The lessor demonstrates that either:

a. the lease agreement permits the lessee to modify the trailer to be compliant with the requirements of this subartic le; or

b. the lessor provides a reasonable method to excha nge the trailer for one that is compliant with this subarti cle.

(E) for a leased trailer that is leased on or after January 1, 2013, the person or persons registered as the owner of the tr actor or trailer by the California Department of Motor Vehicles or its equivalent in another state, province, or country (usually the lessor) is the owner for purposes of this subarticle, except that the lessee of the trailer is the owner for purposes of this subarticle if the lease agreement includes the following statement:A-9 “The lessee of this box-type trailer understands th at when using a heavy-duty tractor to pull a 53-foot or longer bo x-type trailer on a California highway, the box-type trailer must be compliant with sections 95300 – 95311, title 17, California C ode of Regulations,; and that it is the responsibility of the lessee to ensure this box-type trailer is compliant. The regu lations may require this trailer to have low rolling resistance tires and aerodynamic technologies that are U.S. Environmenta l Protection Agency Verified SmartWay Technologies pr ior to

current or future use in California.”

(F) For purposes of this subarticle, the terms “l ease,” “leased,” “lessor,” and “lessee” mean the same as “rental agreement,” “ rented,” “owner of the rented vehicle,” and “renter,” respectively

.

(A) The lessee of a tractor or trailer is considered th e owner if the following

conditions are met:

1. the lessee has leased the tractor or trailer for a period of at least

one year prior to the effective date of this subarticle, or

2. the lessee has leased the vehicle for a period of one year or more after the effective date of this subarticle, and th e written lease agreement or amendment to the agreement specificall y identifies

the lessee as the owner.

(B) The lessor of a tractor or trailer is consider ed the owner if the following

conditions are met:

1. neither of the conditions listed in subsection (a)( 30)(A) are met, or

2. a written agreement between the lessee and lessor prohibits the

lessee from modifying the leased or rented vehicle to comply wi th

this subarticle.

(31) (40) “ Person ” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association , joint venture, government, governmental subdivision, agency, or instrumentalit y, public corporation, or any other legal or commercial entity.

(32) (41) “Rear trailer fairing” means a fairing that attaches to the perimeter out er edges of the trailer’s rear-facing surface to provi de a continuous surface for the air passing over the side and top surfaces of t he trailer.

(33) “Refrigerated

- van trailer” means a trailer van that has a refrigeration or heating unit built into the trailer to maintain pre cise temperatures and isA-10

used to haul frozen food, fresh produce, hot or war m food, and other perishable i tems.

(34) “Receiver”

means a commercial operation to which freight will be or has been delivered that is intended for commercial, not priv ate use. This may include, but is not limited to, owners of freight distributi on centers, and temporary freight stora ge facilities

.

(42) “Refrigerated-van trailer” means a rectangular trailer van that has a refrigeration or heating unit built into the traile r to maintain precise temperatures and is used to haul frozen food, fresh produce, hot or warm food, and other perishable items.

(43) “Refuse trailer” means a trailer that is used to haul solid waste ma terial. Solid waste includes garbage, construction debris, commercial refuse, and

other discarded materials.

(35) (44) “Semitrailer”

means a “Semitrailer” as defined in section 550 of the

California Vehicle Code.

(36) (45) “Shipper”

means a person that has possession of freight prio r to its transportation. This may include, but is not limit ed to, owners of freight distribution centers, and temporary freight storage facilities.

(37) “Sleeper cab”

means a HD tractor body that has a compartment loc ated behind the driving compartment that contains a bed.

(38) (46) “Short-haul tractor” means a HD tractor that eithe r travels less than 50,000 miles in a calendar per year or travels exclusively within a 100 mile

radius of its local haul base

.

(39) “Short

- haul trailer” means a 53

- foot or longer box

- type trailer that travels exclusively within a 100 mile radius of its local h aul base.

(47 ) “Sleeper cab”

means a HD tractor body that has a compartment con taining a bed located behind the driving compartment.

(40) (48) “Tractor

” means a “Truck Tractor” as defined in section 655 of the

California Vehicle Code.

(49) “Trailer” means a semitrailer.

(41) (50) “ Trailer side skirt” means a fairing that extends down from the sides

bottom of the trailer to cover part of the open space betw een the trailer frame and the ground tractor and the rear wheels

.A-11

(42) (51) “Transport refrigeration unit” or “TRU” means a refrigeration system powered by an integral internal combustion engine d esigned to control the environment of temperature sensitive products that are transported in trucks and refrigerated trailers. TRUs may be capable of both cooling and heating.

(43) “U.S. EPA Approved Sma rtWay Technology” or “U.S. EPA Approved SmartWay Technologies” means one or more aerodynamic technologies or

low

- rolling resistance tire models that has been identi fied by the U.S. EPA as meeting the technical specifications and require ments of the U.S. EP A SmartWay Transport Partnership Program.

(44) (52) “U.S. EPA Certified SmartWay Tractor” means a tractor that has been certified by the United States Environmental Protec tion Agency ( U.S. EPA) to meet the technical specifications and requiremen ts of the U.S. EPA SmartWay Transport Partnership Program.

(45) (53) “U.S. EPA Certified SmartWay Trailer” means a 53-foot or longer boxtype trailer that has been certified by the U.S. EP A to meet the technical specifications and requirements of the U.S. EPA Sma rtWay Transport Partnership Program.

(46) (54) “U.S. EPA SmartWay Transport Partnership Program” means the U.S. EPA’s voluntary program that is a collaboration bet ween the U.S. EPA and the transportation industry to improve energy effic iency, reduce greenhouse gas and air pollutant emissions, and improve energy security. This program establishes requirements for improving incentives for improving freight movement efficiency and for improving the fuel efficiency of freight moving equipment. Information on the U.S. EPA SmartWay Tr ansport Partnership Program is available through the U.S. EPA Office of Transportation and Air Quality (OTAQ), USEPA Headquarters, 1200 Pennsylvan ia Avenue, N.W, Washington, DC 20460 from the SmartWay program office at 2000 Traverwood, Ann Arbor, Michigan 48105 ; and at the U.S. EPA SmartWay website at http://www.epa.gov/smartway/.

(55) “U.S. EPA Verified SmartWay Technology” or “U.S. EPA Verified SmartWay Technologies”

means one or more aerodynamic technologies or low- rolling resistance tire models that have been identified by the U.S. EPA as meeting the technical specifications and requirements of th e U.S. EPA SmartWay Transport Partnership Program.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95303 Requirements and Compliance Deadlines.

(a) Tractor RequirementsA-12

(1) Except as provided in subsection 95305, Exemptions, B b eginning January 1, 2010, no 2011 or subsequent model year sleeper-c ab HD tractor pulling a 53-foot or longer box-type trailer shall operate on a highway within California

unless such tractor is a U.S. EPA Certified SmartWa y Tractor.

(2) Except as provided in subsection 95305, Exemptions, B b eginning January 1, 2010, no 2011 or subsequent model year HD tracto r, including but not limited to sleeper-cab HD tractors, pulling a 53-fo ot or longer box-type trailer shall operate on a highway within California unless such tractor’s tires are U.S. EPA Approved Verified SmartWay Technologies.

(3) Except as provided in subsection 95305, Exemptions, B b eginning January 1, 2012, no 2010 or previous model year HD tractor, regardless of model

year, pulling a 53-foot or longer box-type trailer shall operate on a highway

within California unless such tractor’s tires are U .S. EPA Approved Verified SmartWay Technologies.

(b) Trailer Requirements

(1) 2011 and Subsequent Model Year Dry-Van Trailer Requirements

Except as provided in subsection 95305, Exemptions, B b eginning January 1, 2010, no 2011 or subsequent model-year 53-foot o r longer dry-van trailer shall travel on a highway within California unless such trailer is either:

(A) a U.S. EPA Certified SmartWay Trailer, or,

(B) equipped with one of the fol lowing two combinations of tires and aerodynamic technologies, installed in accordance w ith manufacturer’s

instructions:

1. tires that are U.S. EPA Approved SmartWay Technolog ies, and trailer side skirts that are U.S. EPA Approved Smar tWay Technologies, and either a front trailer fairing that is a U.S. E PA Approved SmartWay Technology or a rear trailer fair ing that is a U.S. EPA Approved SmartWay Technology for dry

- van trailers ; or

2. tires that are U.S. EPA Approved SmartWay Technolog ies, and any combi nation of dry

- van trailer aerodynamic technologies that

has been demonstrated to the U.S. EPA to meet or ex ceed a 5 percent fuel savings in accordance with the require ments defined by the U.S. EPA SmartWay Partnership Program.

(B) equipped with both:A-13 1. tires that are U.S. EPA Verified SmartWay Techno logies; and

2. any combination of dry-van trailer aerodynamic technologies that

has been demonstrated to the U.S. EPA to meet or ex ceed a 5 percent fuel savings in accordance with the require ments defined by the U.S. EPA SmartWay Partnership Program.

(2) 2011 and Subsequent Model Year Refrigerated-Va n Trailer Requirements

Except as provided in subsection 95305, Exemptions, B b eginning January 1, 2010, no 2011 or subsequent model year 53-foot o r longer refrigeratedvan trailer shall travel on a highway within Califo rnia unless such trailer is

either:

(A) a U.S. EPA Certified SmartWay Trailer, or,

(B) equipped with one of the following two combinations of tires and aerodynamic technologies, inst alled in accordance with manufacturer’s

instructions:

1. tires that are U.S. EPA Approved SmartWay Technolog ies, and trailer side skirts that are U.S. EPA Approved Smar tWay Technologies for dry

- van trailers, or

2. tires that are U.S. EPA Approved SmartW ay Technologies, and any combination of dry

- van trailer aerodynamic technologies that

has been demonstrated to the U.S. EPA to meet or ex ceed a 4 percent fuel savings in accordance with the require ments defined by the U.S. EPA SmartWay Partnership Program.

(B) equipped with both:

1. tires that are U.S. EPA Verified SmartWay Techn ologies; and

2. any combination of dry-van trailer aerodynamic technologies that

has been demonstrated to the U.S. EPA to meet or ex ceed a 4 percent fuel savings in accordance with the require ments defined by the U.S. EPA SmartWay Partnership Program

(3) 2010 or Previous Model Year Dry-Van and Refrige rated-Van Trailer Requirements

(A) A 2010 or previous model year 53-foot or longer box-type trailer may not travel on a highway within California after the compliance deadlines in subsection (b)(3)(B) unless such trailer is either a dry-van trailer th at meets the requirements of subsections (b)(1)(A) or (b)(1)(B), or aA-14 refrigerated-van trailer that meets the requirement s of subsections (b)(2)(A) or (b)(2)(B). These requirements must be met by January 1,
2013, or:

1. by the applicable compliance dates in section 95307, Optional Trailer Fleet Compliance Schedule

, if such trailer is included in the fleet of trailers participating in the Optional Trailer Fleet Compliance

Schedule, or;

2. by the applicable compliance dates in section 95308, Refrigerated Fleet Compliance Provision, if such trailer is included in the fleet of refrigerated

- van trailers participating in the Refrigerate d Fleet Compliance Provision

(B) Compliance deadlines: A 2010 or previous model year 53-foot or longer box-type trailer must meet the requirements in subsection (b)(3)(A) by the following applicable dates:

1 .For a dry-van trailer or refrigerated-van traile r not identified in subsection (b)(3)(B)2: before January 1, 2013, or by the applicable compliance dates in section 95307, Optional Trailer Fleet Compliance Schedules, if such trailer is included in the fleet of trailers participating in, and remains eligible to participate in, an optional trailer fleet compliance schedule.

2. For a refrigerated-van trailer that is a model y ear 2003 through 2008 trailer equipped with 2003 or subsequent model year transport refrigeration unit engine: either by

a. January 1, 2018 for a 2003 or 2004 model year tr ailer; or b. January 1, 2019 for a 2005 or 2006 model year tr ailer; or c. January 1, 2020 for a 2007 or 2008 model year tr ailer.

(c) Requirements for Drivers

(1) A driver cannot operate a HD tractor to pull a 53-foot or longer box-type trailer on a highway in California unless both the tractor and the trailer

(A) comply with the applicable requirements and compliance deadlines

defined set forth in subsections (a) and (b), and

(B) are in good operating condition as defined in s ection 95304

.

(2) A driver must, upon demand, provide the followi ng available information if

available to authorized enforcement personnel identified in section 95309 8 :A-15

(A) driver’s license;

(B) vehicle odometer reading, if applicable the tractor is an exempt shorthaul tractor ;

(C) tractor registration;

(D) trailer registration;

(E) origin of freight being transported, or to be t ransported ;

(F) destination of freight being transported, or to be transported ;

(G) if dispatched by a motor carrier, the motor car rier information set forth in subsection (g)(1)(B);

(H) if dispatched by a broker, the broker informati on set forth in subsection (f)(1)(B);

(3) A driver shall not operate a HD tractor to pull a 53-foot or longer box-type trailer on a highway in California if the trailer h as aerodynamic technologies that are not deployed or not in their operational c onfiguration.

(d) Requirements for Owners of HD Tractors

(1) An owner of a HD tractor cannot use or authori ze the use of a HD tractor to pull a 53-foot or longer box-type trailer on a high way in California unless both the HD tractor and the box-type trailer:

(A) comply with the applicable requirements and compliance deadlines set forth in subsections (a) and (b); and

(B) are in good operating condition as defined in section 95304.

(e) Requirements for Owners of Box-Type Trailers

(1) An owner of a 53-foot or longer box-type trail er must ensure that the 53-foot or longer box-type trailer will not be pulled by a HD tractor on a highway in California unless the 53-foot or longer box-type tr ailer:

(A) complies with the requirements and compliance d eadlines set forth in subsection (b);

(B) is in good operating condition as defined in se ction 95304.A-16

(2) An owner of one or more 2010 or previous model year 53-foot or longer box-type trailers that are subject to the requireme nts of subsection (b)(3) may elect to follow an alternative compliance sched ule, if applicable.

Owners that choose to follow an alternative compliance schedule must meet the requirements of section 95307, Optional Trailer Fleet Compliance

Schedules.

(3) An owner of one or more 2010 or previous model year 53

- foot or longer

box

- type trailers that are subject to the requirements of subsection (b)(3) may elect to follow the refrigerated

- van trailer provision, if applicable. Owners that follow the refrigerated

- van trailer compliance schedule must meet the requirements of section 95308, Refrigerated Fleet Compliance

Provision.

(f) Requirements for California-based Brokers

(1) A California-based broker must:

(A) only dispatch a HD tractors or a and 53-foot or longer box-type trailers for travel on a highway in California if the tracto r or trailer that comply ies with the operating requirements and compliance dea dlines set forth in subsections (a) and (b);

(B) provide the following information to the a dispatch dispatched driver who will be travelling on highways in California :

1. broker’s business name

2. broker’s street address, state, zip code

3. broker contact person’s name

4. broker contact person’s business phone number

(g) Requirements for Motor Carriers

(1) A motor carrier must:

(A) only dispatch a HD tractors or a and 53-foot or longer box-type trailers for travel on a highway in California if the tracto r or trailer that comply ies with the operating requirements and compliance dea dlines set forth in subsections (a) and (b);

(B) provide the following information to the a dispatch dispatched driver who will be travelling on highways in California :A-17 1. motor carrier’s business name

2. motor carrier’s street address, state, zip code

3. motor carrier contact person’s name

4. motor carrier contact person’s business phone number

(h) Requirements for California-Based based Shippers

(A) A California-based shipper must not ship freigh t from its California facility or facilities in a 53-foot or longer box-type trailer pulled by a HD tractor on a California highway unless the HD tract or and the 53-foot or longer box-type trailer comply with the operating r equirements and compliance deadlines set forth in subsections (a) a nd (b).

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95304 Good Operating Condition Requirements.

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

(1) An aerodynamic mirror, a cab side extender, a f uel tank fairing, and an integrated sleeper cab roof fairing on a U.S. EPA C ertified SmartWay Tractor must meet the following criteria:

(A) Each must be installed in accordance with manuf acturer’s specifications.

(B) Each must be securely fastened to the tractor.

(C) Each must not be used if it is damaged to such an extent as to compromise its aerodynamic effectiveness.

(b) Good Operating Condition Criteria for U.S. EPA Certified SmartWay Trailer Aerodynamic Technologies

(1) Aerodynamic technologies installed on a box-typ e trailer must meet the following criteria:

(A) The aerodynamic technologies must be installed in accordance with the manufacturer’s specifications.

(B) The aerodynamic technologies must be securely f astened to the trailer.A-18

(C) The aerodynamic technologies must not be used w ith missing

sections.

(D) The aerodynamic technologies must not be used i f damaged to such an extent as to compromise their aerodynamic effect iveness.

(E) The rear trailer aerodynamic technology must be capable of being folded back against the trailer sides or otherwise be readily compacted to allow normal functioning of doors.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95305 Exemptions.

(a) A short-haul tractor may , pursuant to section 95306, Short

- Haul Tractor and

Short

- Haul Trailer Exemption Requirements , be is exempted from the requirements of sub sections 95303 (a)(1), 95303 (a)(2), and 95303(a)(3) if its owner complies with the requirements in section 953 06, Short-Haul and LocalHaul Tractor and Local-Haul Trailer Exemption Requi rements

. provided it either:

(1) Travels no more than 50,000 miles per year; or

(2) Operates only within a 100

- mile radius of its local

- haul base.

(b) A local-haul tractor is exempt from the require ments of subsections 95303 (a)(1), but still must comply with the requirements of subs ections 95303 (a)(2) and 95303 (a)(3), if its owner complies with the requir ements of section 95306, ShortHaul and Local-Haul Tractor and Local-Haul Trailer Exemption Requirements

.

(b) (c) A short

- haul A local-haul trailer may , pursuant to section 95306, Short

- Haul

Tractor and Short

- Haul Trailer Exemption Requirements , is be exempted from the requirements of sections 95303(b)(1)(A), 95303( b)(1)(B)2, 95303(b)(2)(A), and 95303(b)(2)(B)2, but still must comply with the requirements of sections 95303 (b)(1)(B)1 and 95303 (b)(2)(B)1 if its owner complies with the requirements of section 95306, Short-Haul and Local-Haul Tractor and LocalHaul Trailer Exemption Requirements

. , provided it operates only within a 100

mile radius of its local

- haul base.

(c) (d) A 53-foot or longer box-type trailer is exempt from the requirements of subsection 95303(b) while it is being pulled by a s hort-haul HD tractor that is exempt under subsection 95305(a)

. pulled by a short

- haul tractor that has been exempted pursuant to section 95306, Short

- Haul Tractor and Short

- Haul TrailerA-19

Exemption Requirements

, is itself exempt from the requirements of 95303( b) while it is being pulled by the registered short

- haul tractor.

(e) A 53-foot or longer box-type trailer is exempt from the requirements of subsections 95303(b)(1)(A), 95303(b)(1)(B)2, 95303( b)(2)(A), and 95303(b)(2)(B)2, but still must comply with the req uirements of subsections 95303(b)(1)(B)1 and 95303(b)(2)(B)1, while it is be ing pulled by a local-haul tractor that is exempt under subsection 95305(b).

(f) A 2011 or subsequent model year sleeper cab HD tractor is exempt from the requirements of subsection 95303(a)(1), but still m ust comply with the requirements of subsection 95303 (a)(2), while it i s pulling a local-haul trailer that is exempt under subsection 95305(c) .

(d) (g) A drayage tractor pulling a 53-foot or longer box-t ype trailer within 100 miles of the port or intermodal rail yard property of origin or destination and the trailer it pulls are exempt from sections 95303(a) and (b).

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95306 Short-Haul and Local-Haul Tractor and Short

Local -Haul Trailer Exemption Requirements

(a) Application Requirements : To qualify for any exemptions in subsections 95305(a), 95305(b) or 95305(c), T t he owner of an HD tractor or the owner of a 53-foot or longer box-type trailer that wishes to o btain a short

- haul exemption as provided in section 95305(a) or (b) must submit to the Executive Officer all the

information and statements identified in subsections 95306 subsections (b) through (g f ) and must comply with subsections (g) through (o) . Applications will be reviewed by the Executive Officer as received. The Executive Officer may request additional information, or clarificat ion of submitted information, during review of the application. Applicants will be noti fied of the status of their applications by letter from the Executive Officer n o later than 30 days after receipt of their application. If approved, the exe mption stat us will be effective upon the date of the approval letter. If denied, t he reasons for denial will be identified, and the applicant can resubmit an amend ed application

.

(b) Owner Contact Information:

(1) Short-haul or local-haul tractor owner’s name, and if a business entity or governmental agency owns the tractor, the responsib le official and title (if applicable)

(2) S hort Local -haul trailer owner’s name, and if a business entit y or governmental agency owns the trailer, the responsib le official and title (ifA-20

applicable)

(3) Name of owner’s company, corporation, or govern mental agency (if applicable)

(4) Corporate parent (if applicable)

(5) Motor carrier identification number and type

(6) IRP registration number (if applicable)

(7) (6) Street address of owner or owner’s company includi ng city, state or province, zip code, colonia (Mexico only), and coun try

(7) Mailing address including city, state or provi nce, zip code, colonia (Mexico only), and country

(8) Physical address of location where records pert aining to the applicable compliance schedule will be maintained including ci ty, state or province, zip code, colonia (Mexico only), and country

(9) Name of contact person

(8) (10) Telephone number of owner or owner’s company

(9) (11) Email address of owner or owner’s company (if avai lable)

(1 0 ) (12) Company taxpayer identification number, (if applic able)

(13) DOORS identification number of corporate pare nt, if one has been obtained

(c) Local- Haul Base Information for Owners of Local-haul Trac tors or Trailers (an owner may have multiple local-haul bases) :

(1) Local- haul base contact’s name

(2) Contact’s title

(3) Street address of local- haul base including city, state, zip code, colonia (Mexico only), and country

(b) Telephone number of local- haul base

(d) Short-haul or Local-haul Tractor Fleet Information. For each tractor to be exempted, provide the following information:A-21

(1) Type of exemption applied for:

(A) Limit annual miles traveled to 50,000 (short-h aul) ; or

(B) Limit total area of operation to within a 100 m ile radius from its localhaul base. (local-haul).

(2) Tractor identification number (vehicle identifi cation number (VIN))

(3) Tractor make

(4) Tractor model

(5) Tractor model year

(6) State or province of registration

(7) Country of registration

(8) Registration type (state, IRP, temporary, seaso nal, monthly, or other)

(7 ) (9) License plate number

( 8 ) (10) For short-haul tractors: Odometer reading (if annual miles traveled is to be limited)

(11) For local-haul tractors: tractor’s local-haul base street address, including city, state, and zip code

(e) Local-haul Trailer Fleet Information. For each trailer to be exempted, provide the following information:

(1) Trailer type (dry van or refrigerated van)

(2) Trailer identification number (vehicle identifi cation number (VIN))

(3) Trailer make

(4) Trailer model

(5) Trailer model year

(6) State or province of registration

(7) Country of registrationA-22

(8) Registration type (State, IRP, Temporary, Seaso nal, Monthly, or Other)

(7) (9) License plate number

(10) Trailer’s local-haul base street address, inc luding city, state, and zip code

(f) For trailers and for all tractors limited in opera tion to a 100

- mile radius from their local haul base, provide a street map of the geographic area where tractors will be operating and the location (address) of the loca l haul base(s).

(g) (f) A dated written submittal by the owner with the information required by subsections (b) through (e) and Include one of the following statements at the

end of th e application, above the applicant’s signature and date :

(1) For all local-haul trailers and for trucks tractors limited in operation to a 100

- mile radius from their local

- haul base :

“I agree to strictly limit all use of this [or these] tractor[s] [or trailer[s]] to the area within a 100-mile radius of the local- haul base identified in this application if the exemption is approved by the Air

Resources Board Executive Officer submittal

. I understand that if the exemption is approved, operation of the equipment outside this area will be a violation of sections 95300-95312, 95311, title 17, California Code of Regulations, and know that I mus t submit an application for any extension of the exemption no m ore than 11 months after the date of the letter approving the exemption . I declare under penalty of perjury that the informati on provided in this application

is true, accurate and complete.”

(2) For trucks short-haul tractors that will be used no more than 50,000 miles

per year :

“I agree to limit use of this [or these] tractor[s] to 50,000 or fewer miles per year if the exemption is approved by the Air Resources

Board Executive Officer . I understand that if the exemption is approved, operation of the equipment for more than 50,000 miles

per year will be a violation of sections 95300-95312, 95311, title 17, California Code of Regulations, and know that I mus t submit an application for any extension of the exemption no m ore than 11 months after the date of the letter approving the e xemption . I declare under penalty of perjury that the informati on provided in this application

is true, accurate and complete.”

(g) A local-haul exemption obtained under subsecti ons 95305(b) or (c) will remain in effect as long as the owner and the exempt trailer or tractor are in compliance with the requirements of this section. The owner o f an exempt local-haul tractorA-23

or trailer must notify the Executive Officer if the information submitted in accordance with subsections (b) through (f) has cha nged, and must submit the updated information to the Executive Officer.

(h) An exemption approved under this section will be in effect for a period of one year from the date of the approval letter. To exte nd the exemption, an applicant must reapply for the extension at least one month p rio r to the expiration date of the exemption.

(h) For a local-haul tractor or trailer that is rem oved from an owner’s local-haul fleet or is otherwise no longer exempt under subsection 9 5305(b) or (c), the owner must notify the Executive Officer and update the lo cal-haul tractor or trailer

information submitted in accordance with subsection s (d) and (e) to reflect this change in status prior to change in ownership of th e tractor or trailer, or prior to the trailer travelling on California highways, whic hever occurs first.

(i) For a short-haul tractor that is removed from a n owner’s short-haul tractor fleet or is otherwise no longer exempt under subsection 9530 5(a), the owner must notify the Executive Officer and update the short-haul tra ctor information submitted in accordance with subsections (d) to reflect this cha nge in status prior to change in ownership of the tractor, or prior to the tractor t ravelling on California highways,

whichever occurs first. A tractor that is removed from the owner’s short-haul tractor fleet or that for any other reason loses it s exempt status under subsection 95305(a) is ineligible for the short-haul exemption under subsection 95305(a) for 36 months from the date its exempt status was lost.

(j) A short-haul exemption obtained under subsec tion 95305(a) will remain in effect for a period of 1 year from the date that the infor mation required in subsections 95306(b) through (f) is submitted to the Executive Officer if the owner and the exempt tractor are in continuing compliance with th e requirements of this section. To extend the exemption for an additional 1 year, t he owner must submit the tractor’s current odometer readings prior to, but n o more than 30 days before, the expiration date of the exemption

.

( i) (k) The driver of an exempt short-haul or local-haul H D tractor, or a HD tractor pulling an exempt local-haul trailer must, upon demand, provide the following information to authorized enforcement personnel ide ntified in section

95309 95308 :

(1) Driver’s license

(2) Odometer reading of tractor

(3) Tractor registration

(4) Origin of freight being transportedA-24

(5) Destination of freight being transported

(6) If dispatched by a motor carrier, the motor carrier information defined listed

in sub section 95303(g)(1)(B).

(7) If dispatched by a broker, the broker information defined listed in sub section 95303(f)(1)(B).

(8) Vehicle identification number

(l) The driver of an exempt short-haul HD tractor m ust, upon request, allow authorized enforcement personnel to directly view t he odometer of the HD

tractor.

(m) The use of a short-haul tractor that is exempt under subsection 95305(a) in excess of 50,000 miles in a year is a violation of this subarticle.

(n) The use of a local-haul tractor that is exempt under subsection 95305(b) in an

area farther than 100 miles from the vehicle’s loca l-haul base is a violation of this

subarticle.

(o) The use of a local-haul trailer that is exempt under subsection 95305(c) in an

area farther than 100 miles from the vehicle’s loca l-haul base is a violation of this

subarticle.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95307 Optional Trailer Fleet Compliance Schedules

.

In lieu of me eting the January 1, 2013 compliance deadline set f orth in section 95303(b)(3), an owner of one or more 2010 or previo us model year 53

- foot or longer

box

- type trailers may bring such trailers into complian ce in accordance with an applicable compliance sche dule set forth below.

For the purposes of the optional trailer fleet comp liance schedules in this section, bringing a trailer into “compliance” means retrofit ting such trailer with the necessary tires and aerodynamic technologies to meet the appl icable tr ailer requirements in sections 95303(b)(1) and 95303(b)(2) or retiring su ch trailer from California service. In addition, a “trailer” means a 53

- foot or longer box

- type trailer, and a “ nonconforming

trailer” means a trailer that is not U.S. EPA SmartWay C ertified nor is it yet equipped with the necessary technologies specified in sectio ns 95303(b)(1)(B) or 95303(b)(2)(B), as applicable.A-25

The two compliance schedules available are the larg e fleet compliance schedule for

fleets of 21 or more trailers and t he small fleet compliance schedule for fleets of 20 or fewer trailers. Fleets with 21 or more total trail ers may not participate in the small fleet compliance schedule. However, fleets with 20 or fe wer total trailers may participate in either the large f leet or small fleet compliance schedule

.

To determine fleet size, a trailer owner must accou nt for all 53

- foot or longer box

- type trailers (both dry

- van and refrigerated

- van trailers) within the fleet. A trailer owner

must list all these trailers on the trailer fleet list, as defined in subsection (c)(2) to be eligible to participate in an optional trailer flee t compliance schedule. The trailer fleet list must be submitted within the compliance plan, as defined in subsection (a)(2) or (b)(2), as applicab le, by the due date specified in the applicable com pliance schedule. Only trailers listed on the trailer fleet list are eligible to be brought into compliance in accordance with an applicable compliance schedule. Except as provided in subsection (a)(3), a compliance plan revision may only be made with th e approval of

the Executive Officer when the Executive Officer de termines that a company merger, acquisition, or split, or other changed circumstances affecting ope rations of the owner,

necessitate revisio ns in the compliance plan. Executive Officer appro val will not be granted to allow a new business to participate in a compliance schedule af ter the submission due date for the applicable compliance p lan has passed.

Refrigerated

- van trailers not brought into compliance in accordance with the refrigerated fleet compliance provision set forth i n section 95308 may either be brought into compliance in accordance with an appli cable large fleet or small fleet compliance schedule or before the January 1, 2013 c ompliance deadline.

Although a fleet ’s participation in an optional trailer fleet complia nce schedule does not require the Executive Officer’s specific approval, the Executive Officer may terminate

a fleet ’s participation in a compliance schedule if the fleet or any tractor or trailer within the fleet, is found in violation of this regulation . Should the Executive Officer terminate

a fleet ’s participation in a compliance schedule, the owner must bring all trailers into compliance within 90 days or by Dec ember 31, 2012, whichever is later, but in no case later than December 31 of the final compliance year of the applicable compliance

schedule

.

The Executive Officer may make information provided pursuant to an optional trailer fleet compliance schedule ava ilable to the public for the purpose of helping det ermine the compliance status of a trailer

. .

(a) Trailer Fleet Compliance Schedule Applicability

(1) As specified in section 95303(b)(3), an owner o f one or more 2010 or previous model year 53-foot or longer box-type trai lers may bring such trailers into compliance in accordance with an appl icable compliance

schedule set forth in this subsection.A-26

(2) Trailer fleet size determination. For purposes of this section, fleet size is the total of all 53-foot or longer box-type trailers wi thin the owner’s fleet, including:

(A) trailers that do not operate in California, and

(B) trailers that operate in California, including but not limited to:

1. existing compliant trailers,

2. non-compliant trailers,

3. trailers exempted in accordance with section 953 05, Exemptions

, and

4. refrigerated van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(B)2.

(3) Applicable Compliance Schedules.

(A)_ A fleet owner with a trailer fleet size of 21 or more trailers, as determined in accordance with subsection (a)(2) abo ve, may only participate in the large fleet compliance schedule, specified in subsection (b).

(B) A fleet owner with a trailer fleet size of 20 o r fewer trailers has the option of participating in either the large fleet o r small fleet compliance schedule, specified in subsections (b) and (c), res pectively.

(a) (b) Large Fleet Compliance Schedule

(1) Minimum fleet compliance conformance thresholds (Table 1): A trailer owner participating in the large fleet compliance schedul e must ensure that the percentage of compliant trailers on the compliance plan base list, as defined in subsection (c) (d) (3), is equal to or greater than:

(A) 5 percent by December 31, 2010 beginning January 1, 2011

,

(B) 15 percent by December 31, 2011 beginning January 1, 2012

,

(C) 30 percent by December 31, 2012 beginning January 1, 2013

,

(D) 50 percent by December 31, 2013 beginning January 1, 2014

,

(E) 75 percent by December 31, 2014 beginning January 1, 2015 , andA-27

(F) 100 percent by December 31, 2015 beginning January 1, 2016

.

Table 1: Minimum Fleet C ompliance Conformance Thresholds

for the Large Fleet Compliance Schedule

Compliance Year (Y) Minimum Fleet C ompliance Conformance Threshold (P Y ) Conformance Threshold

Deadline 2010 5% January 1, 2011 2011 15% January 1, 2012 2012 30% January 1, 2013 2013 50% January 1, 2014 2014 75% January 1, 2015 2015 100% January 1, 2016

(2) Large fleet compliance plan: To participate in the large fleet compliance schedule, a trailer owner must provide the followin g information to the Executive Officer, electronically or in a document package entitled “Large Fleet Compliance Plan,” by July 1, 2010. This docu ment submittal must include the following:

(A) Statement of intent, in accordance with subsect ion (c) (d) (1).

(B) Trailer fleet list, in accordance with subsecti on (c) (d) (2).

(C) Copy of registration for each trailer listed on the trailer fleet list.

(D) (C) Large fleet compliance plan base number, calculated in accordance with subsection ( d ) (e) (1).

(E) (D) Compliance plan base list, in accordance with subsection (c) (d) (3).

(F) (E) Annual compliance conformance number for each compliance year, calculated in accordance with subsection ( d ) (e) (5).

(G) (F) Annual complia nce conformance commitment list for each compliance year, in accordance with subsection (c) (d) (4).

(H) (G) Early compliance option reporting, if applicable: If a trailer owner elects to delay the compliance of trailers retrofits and retirements in accordance with subsection (a) (b) (4) , Early compliance option, such owner must submit the following trailer information within the compliance plan:

1. Early compliance trailer number: The number of e arly compliance trailers determined in accordance with subsection ( b)(4), that are

in compliance by December 31, 2009 and are used to delay theA-28 retrofit or retirement of delayed compliance trailers , as defined in subsection (a)(4)

.

2. Early compliance trailer list: A trailer owner p articipating in the early compliance option must clearly identify on the trailer fleet list all early compliance trailers.

3. Evidentiary documentation for early compliance trai lers: In order for the Executive Officer to recognize early compli ance trailers, a trailer owner must submit proper e videntiary documentation, such as purchase receipts, demonstrating that, by Decemb er 31, 2009, such trailers were already in compliance . In lieu of purchase receipts, other documentation may also be acceptabl e as determined by the Executive Officer.

4. 3. Delayed compliance trailer number, calculated in accordance with subsection ( d ) (e) (3).

5. 4. Delayed compliance trailer list: A trailer owner participating in the early compliance option must clearly identify on the trailer fleet list all delayed compliance trailers.

(3) Large fleet compliance plan revision: A trailer owner may make certain

revisions to retrofit and retirement the annual conformance commitments lists reported scheduled for compliance years 2013, 2014, and 2015 four, five, and six , electronically or by submitting a document titled, “Large Fleet Compliance Plan Revision,” by July 1, 2013. By sub mitting this document, Although this allows a trailer owner may re

- designate to redistribute trailers

retr ofit and retirement commitments among the final three annual conformance commitment lists, within compliance years four, five, and six, so long as the number of trailers the trailer owner may not alter the number

of trailers identified on each list that are brought into compliance each compliance year does not change . If participating in the early compliance option, a trailer owner may also redistribute trail ers amongst the annual conformance commitment list for compliance years 20 13, 2014, and 2015 and the list of delayed compliance trailers.

(4) Early compliance option: Under the early compli ance option Subject to the requirements and limitations set forth in this subs ection , for every one early compliance trailer in an owner’s fleet, a trailer owner may delay the retrofit

or retirement replacement of 1.5 nonconforming non-compliant trailers until December 31, 2016. for every one trailer that is in compliance by December 31, 2009. For the purposes of the early compliance option, an “early compliance trailer” means a trailer that is in compliance by December 31,

2009 and for which the fleet receives credit toward s delaying the retrofit orA-29

retirement of other trailers until 2016. In additi on, a “delayed compliance trailer” means a trailer for which compliance will be delayed until 2016.

(A) Maximum allowable number of early delayed compliance trailers, as calculated in accordance with subsection (e)(4) : A trailer owner participating in the early compliance option may no t delay the compliance of more trailers than The number of early compliance trailers within a fleet may not exceed the equivalent of 20 30 percent of

the sum of: 1) all trailers that the owner elects to bring into co mpliance under the large fleet compliance schedule within the compliance base and 2) the total number of early compliance trailers within the fleet that are in compliance before January 1, 2010 . For verification purposes,

the maximum allowable delayed compliance trailer number may be

calculated in accordance with subsection (d) (4).

(B) A trailer owner must bring all delayed complian ce trailers into compliance by December 31, 2016 before January 1, 2017

.

(C) Early compliance option report: To participate in the early compliance option, a trailer owner must submit all information required by subsection (a) (b) (2)(H G), Early comp liance option report , by July 1,
2010, as part of in the large fleet compliance plan by July 1, 2010.

(b) (c) Small F f leet C c ompliance S s chedule

(1) Minimum fleet compliance conformance thresholds (Table 2) : A trailer owner participating in the small fleet compliance schedul e must ensure that the percentage of compliant trailers on the compliance plan base list, as defined in subsection ( c ) (d) (3), is equal to or greater than:

(A) 25 percent by December 31, 2013 beginning January 1, 2014

,

(B) 50 percent by December 3 1, 2014 beginning January 1, 2015

,

(C) 75 percent by December 31, 2015 beginning January 1, 2016 , and

(D) 100 percent by December 31, 2016 beginning January 1, 2017

.A-30

Table 2: Minimum Fleet Compliance Conformance Thresholds for the Small Fleet Compliance

Schedule

Compliance Year (Y) Minimum Fleet

Compliance Conformance Threshold (P Y ) Conformance Threshold

Deadline

2013 25% January 1, 2014 2014 50% January 1, 2015 2015 75% January 1, 2016 2016 100% January 1, 2017

(2) Small fleet compliance plan: To participate in the small fleet compliance schedule, a trailer owner must provide the followin g information to the Executive Officer, electronically or in a document package entitled “Small Fleet Compliance Plan,” by July 1, 2012. This docu ment submittal must include the following:

(A) Statement of intent, in accordance with subsect ion ( c ) (d) (1).

(B) Trailer fleet list, in accordance with subsecti on ( c ) (d) (2).

(C) Copy of registration for each trailer listed on the trailer fleet list.

(D) (C) Small fleet compliance plan base number, calculated in accordance with subsection ( d ) (e) (2).

(E) (D) Compliance plan base list, in accordance with subsection( c ) (d) (3)

(F) (E) Annual compliance conformance number for each compliance year, calculated in accordance with subsection (d) (e) (5).

(G) (F) Annual compliance conformance commitment list for each compliance year, in accordance with ( c ) (d) (4).

(c) (d) General Compliance Plan Components

(1) Statement of intent: The statement of intent mu st be provided to the Executive Officer as part of the owner’s compliance plan by the applicable compliance plan due date specified in the applicable compliance sch edule

. The statement of intent must include the following:

(A) A statement indicating that the trailer owner e lects to participate in an optional trailer fleet compliance schedule.

(B) A statement identifying the compliance schedule in which the trailer owner elects to participate.A-31

(C) For trailer owners electing to participate in t he small fleet compliance schedule, a statement affirming that such the owner’s trailer fleet contains 20 or fewer 53-foot or longer box-type tra ilers.

(D) A statement affirming that, except for exempted trailers and trailers to be brought into compliance in accordance with the refrigerated fleet compl iance provision, the trailer owner will bring all nonconforming non-compliant trailers subject to the requirements of this regulation into compliance in accordance with the applicable compliance schedule.

(E) A statement affirming that the trailer owner un derstands that participation in an applicable compliance schedule may be terminated by the Executive Officer should the fleet owner, or any of the owner’s vehicles, be found in violation of this regulation.

(F) A statement affirming that the trailer owner un derstands that if participation in a compliance schedule is terminate d by the Executive Officer, the owner must bring all affected trailers into compliance within 90 days or by December 31, 2012, whichever is later , but in no case later than December 31, 2015 if participating in th e large fleet compliance schedule and December 31, 2016 if partic ipating in the small fleet compliance schedule. of the final compliance year of the applicable compliance schedule.

(G) A statement affirming that the trailer owner un derstands that if participation in an applicable trailer fleet compli ance schedule is withdrawn, such owner may will not be allowed to not operate a nonconforming non-compliant trailer on a California highway after
December 31, 2012, beginning January 1, 2013, except for refrigerated-van trailers that are eligible for the compliance deadlines

set forth in will be brought into compliance in accordance with the refrigerated fleet compliance provision. section 95303(b)(3)(B)2 and exempted trailers.

(H) A statement affirming that the trailer owner ag rees to allow the Executive Officer, or any person authorized by the Executive Officer, to conduct periodic audits of vehicles and records to ensure compliance with the applicable compliance schedule, this regul ation, and other air quality regulations.

(I) A signature, or electronic attestation, of the trailer owner or, where applicable, a corporate company or governmental official, affirming that all information contained within the compliance pla n, including

information contained within the statement of inten t and the trailer fleet list, is true and correct.A-32

(2) Trailer fleet list : The trailer fleet list, as defined in this subsecti on, must be provided to the Executive Officer as part of the ow ner’s compliance plan by the applicable compliance plan due date specified in the applicable compliance schedule . Except upon specific Executive Officer approval, the trailer owner may not change the number or identity of trailers included on

the trailer fleet list once the submission due date for the applicable compliance plan has passed. The trailer fleet list must include the following:

(A) Name of trailer fleet owner, or responsible off icial and title if the owner is a business entity or governmental agency Owner’s name

(B) Name of company, corporation, or governmental agency

(C) Corporate parent (if applicable ) Company’s motor carrier identification number and type, if applicable

(D) Physical Company address including city, state or province, zip cod e, colonia (Mexico only), and country

(E) Mailing address including city, state or provin ce, zip code, colonia (Mexico only), and country

(F) Physical address of location where records pert aining to the applicable compliance schedule will be maintained including ci ty, state or province, zip code, colonia (Mexico only), and coun try

(G) Name of contact person

(H) Telephone number

(I) Email address (if available)

(J) Company taxpayer identification number, if appl icable

(K) Name of corporate parent, if applicable

(L) DOORS identification number of corporate paren t, if applicable

(K) (M) List of all 2010 and previous model-year 53-foot or longer box-type trailers that are subject to the requirements of th is subarticle that operate in California while the owner is participating in an optional tr ailer fleet compliance schedule including compliant, nonconforming, and exempted trailers. :

,

1. For an owner who elects to participate in the l arge fleetA-33 compliance schedule, the trailer list must include all trailers that will operate in California including compliant trai lers, noncompliant trailers, exempted trailers, and refrigerated trail ers that are eligible for the compliance deadlines set forth in section 9 5303(b)(3)(B)2.

2. For an owner that elects to participate in the s mall fleet compliance schedule, the trailer list must include all trailer s in the owner’s fleet, including compliant trailers, noncompliant trailers , exempted trailers, and refrigerated trailers that are eligib le for the compliance deadlines set forth in section 95303(b)(3)(B)2. Fo r the sole purpose of documenting the owner’s eligibility for the small fleet compliance schedule, the trailer list for those sub mitting a small fleet compliance plan must also include trailers in the fleet that do not travel on California highways.

(N) For each trailer listed, provide the following:

1. Trailer type (dry van or refrigerated van)

2. Vehicle identification number (VIN)

2. 3. Trailer make

3. 4. Trailer model

4

. 5. Trailer model year

5

. 6. License plate number

6

. 7. State or province of registration

8. Registration type (state, IRP, temporary, season al, monthly, or other)

9. Country of registration

7. 10. Compliance status (compliant, nonconforming

, or noncompliant exempted )

11. Exemption Status (not exempt, local-haul exempt , dedicated to short-haul or local-haul tractors)

12. California operating status (indicate whether t he trailer will operate in California during the applicable optiona l compliance schedule)A-34 For each refrigerated

- van trailer list ed, also provide the following:

2. Transport refrigeration unit make

3. Transport refrigeration unit model

10. 13. Transport refrigeration unit model year (as applic able)

11. Transport refrigeration unit serial number

12. Transport refrigeration unit eng ine make

13. Transport refrigeration unit engine model

14. Transport refrigeration unit engine model year (as applicable)

15. Transport refrigeration unit engine serial number

(3) Compliance plan base list: The compliance plan base list is the list th e subset of nonconforming all non-compliant trailers identified in on the trailer fleet list, in accordance with subsection (c)(2)(K)

, as trailers that will be brought into compliance in accordance with the appl icable compliance schedule. Trailers that are not early compliance tr ailers but are in compliance before January 1, 2010, may also be incl uded on the compliance plan base list and used to meet minimum fleet conformance

thresholds. The compliance plan base list shall not include the following

trailers:

(A) Exempted trailers, including those local-haul t railers exempt under subsection 95305(c).

(B) Refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(B)2. to be brought into compliance in

accordance with the re frigerated fleet compliance provision

(C) Early compliance trailers used to delay the ret rofits and retirements of delayed compliance trailers , if applicable

(D) Delayed compliance trailers, if applicable

(E) Trailers that will not operate in California fo r the duration of the applicable trailer fleet compliance schedule

Trailers that are in compliance by December 31, 2009 and not used to delay

the retrofit or retirement of of delayed compliance trailers may also beA-35

included on the compliance base list and used to meet minimum fleet compliance thresholds

.

(4) Annual compliance conformance commitment list: The annual compliance conformance commitment list for a particular compliance year is

the list of the subset of trailers within on the compliance plan base list that the owner commits to bring into compliance to meet the minimum fleet

conformance threshold that will take effect on Janu ary 1 of the following

year by December 31 of that compliance year . For each compliance year’s annual compliance conformance commitment list, the trailer owner must list

a sufficient number of trailers to meet or exceed t he annual compliance conformance number for that same year. On the annual compliance commitment list, the trailer owner must list all t railers by their license plate number and state of registration, or by another met hod acceptable to the Executive Officer, which also all ows for the identification

of these trailers on the owner’s trailer fleet list

.

(d) (e) Calculation Methodology

(1) Large fleet compliance plan base number: The compliance plan base number for large fleets is the number of trailers that a trailer owner elects to bring into compliance in accordance with the large fleet compliance

schedule.

N B = N T – N 20 1 6 D – N E – N R – N X (Equation 1)

“N B ” = Large fleet compliance plan base number

“N T ” = Total number of trailers listed on the trailer fleet list

“N 2016 D ” = Number of D d elayed compliance trailers number , as determined in accordance with subsection ( d ) (e) (3), if applicable

“N E ” = Number of early compliance trailers, not to exc eed N E, max as determined in accordance with Equation 5 , if applicable

“N R ” = Number of nonconforming refrigerated-van trailers that are eligible for the compliance deadlines will be brought into compliance in ac cordance with the refrigerated fleet compliance provision set forth in section 95308, 95303 (b)(3)(B)2.a through (b)(3)(B)2.c, if applicable

“N X ” = Number of trailers with a compliance status trailer fleet list exemption status of “exempted” ”local-haul exempt,” “dedicated to short-haul tractors,” or “dedicated to local-haul t ractors” on the

trailer fleet list

, if applicableA-36

(2) Small fleet compliance plan base number: The compliance plan base

number for small fleets is the number of trailers t hat a trailer owner elects to bring into compliance in accordance with the small fleet compliance

schedule.

N CA = N T – N NC (Equation 2)

“N CA ” = Total number of trailers in California fleet

“N T ” = Total number of trailers listed on the trailer fleet list

“N NC ” = Number of trailers that will not operate in Cal ifornia for the duration of an applicable trailer fleet compliance schedule

N B = N T N CA – N R – N X

(Equation 2 3 )

“N B ” = Small fleet compliance plan base number

“N T ” = Total number of trailers listed on the trailer flee t list

“N CA ” = Total number of trailers in California fleet, a s determined in accordance with Equation 2.

“N R ” = Number of nonconforming refrigerated trailers that are eligible for the compliance deadlines will be brought into compliance in accordance with the refrigerated fleet compliance provision set forth in section 95308, 95303 (b)(3)(B)2.a through (b)(3)(B)2.c, if applicable

“N X ” = Number of trailers with a compliance status trailer fleet list exemption status of “exempted” “local-haul exempt,” “dedicated to short-hail tractors,” or “dedicated to local-hau l tractors,”on the

trailer fleet list

, if applicable

(3) Large flee t D delayed compliance trailer number: The delayed comp liance

trailer number is the number of trailers for which compliance may be delayed until 2016 , pursuant to subsection ( a ) (b) (4), Early Compliance Option

.

N 2016 D = N E x 1.5 (Equation 4)

“N 2016 D ” = Delayed compliance trailer number, if applicabl e. If

N 2016 D is not a whole number, round down to the next whol e number.A-37 “N E ” = Number of early compliance trailers, not to exc eed N E, max as determined in accordance with Equation 5.

(4) Large fleet M maximum allowable number of early compliance delayed compliance trailers number : The resultant number must be rounded down to

the nearest whole trailer

N 2016 E , max

= (N T – N R – N X N B + N E ) x 0.30 0.20 (Equation 3 5 )

“N 2016 E , max ” = Maximum allowable number of early compliance delayed compliance trailers number . If N 2016 E , max is not a whole number, round down to the next whole number.

“N B ” = Large fleet compliance plan base number, as determined in accordance with subsection (d)(1)

“N E ” = Number of early compliance trailers

“N T ” = Total number of trailers listed on the trailer fleet list

“N R ” = Number of refrigerated-van trailers that are el igible for the compliance deadlines set forth in section 95303 (b) (3)(B)2.a through (b)(3)(B)2.c, if applicable

“N X ” = Number of trailers with a trailer fleet list ex emption status of “local-haul exempt” “dedicated to short-haul tract ors,”, or ”dedicated to local-haul tractors,” if applicable.

(5) Annual compliance conformance number: The annual compliance

conformance number is the number of trailers that a trailer ow ner must bring into compliance by December 31 of a particular comp liance year to ensure that the percentage of compliant trailers within th e compliance plan base list meets or exceeds the applicable minimum fleet compliance conformance threshold that takes effect on January 1 of the fol lowing year for that year

.

N Y = (N B x P Y

/100 ) – N C, Y-1 (Equation 5 6 )

“N Y ” = Annual compliance conformance number for compliance year Y. If N Y is not a whole number, round up to the next whole number if the fractional part is equal to or greate r than 0.5, and

round down if less than 0.5.

“N B ” = Large fleet or small fleet compliance plan base number, as determined in accordance with subsection ( d ) (e) (1) for large fleets or ( d ) (e) (2) for small fleetsA-38 “P Y ” = Minimum fleet compl iance conformance threshold for compliance year Y, as defined in subsection ( a ) (b) (1) for large fleets and ( b ) (c) (1) for small fleets, expressed as a fraction (e.g

. 5% is entered into equation as 0.05).

“N C, Y-1 ” = Total number of trailers within the compliance base that would already be in compliance prior to January 1 o f compliance year Y. This number does must not include early compliance

trailers for which a fleet has received credit towa rds delaying the compliance of other trailers, pursuant to sub section (a)(4), Early Compliance Option.

( e ) (f) General R r equirements F f or A a ll C c ompliance S s chedules: To participate in an applicable trailer fleet compliance schedule, a trailer owner must comply with the following requirements.

(1) The trailer owner must ensure that, by December 31 of each compliance year, the percentage of compliant trailers within on the owner’s compliance plan base list is equal to or greater than the applicable minimum fleet compliance conformance threshold for that compliance year.

(2) The trailer owner must ensure that the number o f trailers listed on each compliance year’s annual compliance conformance commitment list is equal to or greater than the applicable annual compliance conformance number for that compliance same year.

(3) The trailer owner must bring into compliance al l trailers listed in each compliance year’s annual compliance conformance commitment list before January 1 of the following year by December 31 of that compliance year

.

(4) The trailer owner must allow ARB representative s the Executive Officer , or any other authorized enforcement personnel, to cond uct periodic audits of records and equipment to verify compliance with an applicable compliance schedule, the owner’s compliance plan, and other ap plicable air quality regulations.

(5) Should the Executive Officer terminate the trai ler owner’s participation in a trailer feet compliance schedule, such trailer owne r must bring all trailers into compliance within 90 days of such termination or by December 31, 2012, whichever is later, but no later than Decembe r 31, 2015 if participating in the large fleet compliance schedul e and December 31, 2016 if participating in the small fleet compliance sche dule. of the final compliance year of the applicable compliance schedu le.

(6) After December 31, 2012 Starting January 1, 2013 , except for eligible refrigerated-van trailers that the trailer owner el ects to bring into complianceA-39

in accordance with the refrigerated fleet complianc e provision section 95303(b)(3)(B)2 and exempted trailers, the a trailer owner may not allow the operation of a nonconforming non-compliant trailer on a California highway if such owner withdraws participation from an applicab le trailer fleet compliance schedule.

(7) The trailer owner must provide to the Executive Officer any documentation and information required by an applicable trailer f leet compliance schedule by the compliance plan due date specified in such compliance schedule.

(8) The trailer owner must ensure that all informat ion and documentation provided to the Executive Officer is accurate and t rue.

(9) The trailer owner must ensure that all required information and documentation is received by arrives at ARB the Executive Officer by the applicable due dates. The Executive Officer will n ot be responsible for

materials lost in transit.

(10) If participating in the large fleet compliance schedule, the trailer owner must continue bringing trailers into compliance in accor dance with the original compliance plan if a large fleet compliance plan re vision is not submitted.

(11) The trailer owner must maintain all documentat ion pertaining to an applicable compliance schedule at the location indi cated on the trailer fleet

list.

(12) Upon the request of an ARB representative the Executive Officer or other authorized enforcement personnel, the trailer owner must provide all information and documentation necessary to verify c ompliance with the applicable compliance schedule, such owner’s compli ance plan, this subarticle, including applicable compliance schedul es and the owner’s compliance plan, and information and documentation necessary to veri fy compliance with any other air quality regulation.

(13) A trailer owner who is participating in the sm all fleet compliance schedule may not allow a trailer subject to the requirements of this subarticle to operate on a California highway after July 1, 2012, unless

(A) the trailer is listed on the owner’s trailer f leet list, or

(B ) the trailer was acquired after July 1, 2012 and b oth of the following

criteria are met:

1. the owner provides documented proof to the Execu tive Officer of the trailer’s acquisition (purchase or transfer of ownership) date,

andA-40 2. the trailer is a compliant trailer, a refrigerat ed-van trailer that is eligible to be brought into compliance in accordanc e with the compliance deadlines set forth in section 95303(b)( 3)(B)2, or exempt under section 95305.. A trailer owner may not allow a nonconforming trailer that will be brought into compliance in accordance with an applicable trailer fleet complia nce schedule to operate on a California h ighway after December 31, 2012 unless

such trailer is listed on the owner’s trailer fleet list and the owner remains eligible to participate in the trailer flee t compliance

schedule.

(14) A trailer owner who is participating, or has participated, in a tra iler fleet compliance schedule may not allow a nonconforming trailer that will be brought into compliance in accordance with the refrigerated fleet compliance provision to operate on a California highway after December 31, 2012

unless such trailer is liste d on such owner’s trailer fleet list.

(15) (14) The A trailer owner may not allow the operation of a nonconforming non-compliant trailer on a California Highway after December 31 of the compliance year in which the trailer was is scheduled to be brought into compliance identified on the annual compliance commitment list

.

(15) With the Executive Officer’s specific approv al, a trailer owner may remove a trailer from a particular compliance year’s annua l conformance commitment list for the purpose of re-designating s uch trailer into local-haul or short-haul service, thereby relieving such owner from the obligation of bringing that trailer into compliance. However, su ch owner must fill the vacancy left on the affected annual conformance com mitment list with

another trailer from the owner’s final annual confo rmance commitment list

on which at least one trailer is still listed. If such owner is participating in the early compliance option, the replacement trailer mu st be a delayed conformance trailer, if one still exists.

(16) Except as provided in subsection (b)(3), a co mpliance plan revision may only be made with the approval of the Executive Off icer if the Executive Officer determines that a company merger, acquisiti on, split, or other changed circumstances affecting operations of the o wner, necessitate revisions to the compliance plan.

(17) Executive Officer approval will not be granted to allow a newly-formed business, or an existing business commencing operat ions in California, to participate in a compliance schedule after the subm ission due date for the applicable compliance plan has passed.A-41

(18) The Executive Officer may make non-confidentia l information provided pursuant to an optional trailer fleet compliance sc hedule available to the public for the purpose of helping determine the com pliance status of a trailer

or fleet

(19) Although participation in an optional trailer fleet compliance schedule does not require the Executive Officer’s specific approv al, the Executive Officer may terminate a fleet’s participation in a complian ce schedule if the fleet or any tractor or trailer within the fleet is found in violation of this subarticle. Should the Executive Officer terminate a fleet’s pa rticipation in a compliance schedule, the owner must bring all trailers into co mpliance within 90 days or by December 31, 2012, whichever is later, but in no case later than December 31, 2015, if participating in the large fl eet compliance schedule, and December 31, 2016, if participating in the smal l fleet compliance

schedule.

(20) A trailer owner who is participating in the la rge fleet compliance schedule may not allow a trailer subject to the requirements of this subarticle to operate on a California highway after July 1, 2010, unless

(A) the trailer is a compliant trailer, or

(B) the trailer is listed on the owner’s trailer f leet list and is in compliance with all requirements of the large fleet compliance schedule, or

(C) the trailer is a refrigerated-van trailer that is eligible to be brought into compliance in accordance with a compliance deadline set forth in section 95303 (b)(3)(B)2 and such deadline has not yet passed, or

(D) the trailer is exempt under section 95305.

(21) Any violation of the requirements of this subs ection constitutes a violation of

this subarticle.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95308 Refrigerated Fleet Compliance Provision

A trai ler owner may bring 2003 through 2008 model

- year 53

- foot or longer refrigerated

- van trailers equipped with 2003 and subsequent mode l

- year TRUs into compliance in accordance with the refrigerated flee t compliance provision in lieu of meeting the January 1, 2013 compliance deadline set forth in section 95303 (b)(3) or bringing such trailers into compliance in accordanc e with an applicable trailer fleet compliance schedule.A-42

For the purposes of this subsection, bringing a tra iler into “compliance” means

retrof itting such trailer with the necessary technologies to meet the trailer requirements set forth in section 95303(b)(2) of this article or retiring such trailer from California service. In addition, a “trailer” means a 53

- foot or longer box

- type trailer, an d a “nonconforming trailer” means a trailer that is not U.S. EPA SmartWay Certified nor is it yet equipped with the necessary technologies spe cified in section 95303(b)(2)(B).

If also participating in an optional trailer fleet compliance schedule, a trai ler owner may only bring a refrigerated

- van trailer into compliance in accordance with this provision if such trailer is included on the trailer fleet list, as submitted in the applicable compliance plan.

A nonconforming refrigerated

- van trailer may not operate on a California Highway after December 31, 2012 unless such trailer is bein g brought into compliance under an applicable trailer fleet compliance schedule or has been reported in accordance with the refrigerated fleet compliance provision and is e ligible to be brought into compliance in accordance with the refrigerated flee t compliance provision.

The Executive Officer may make information provided pursuant to the refrigerated fleet compliance provision available to the public for the purpose of he lping determine the compliance status of a trailer.

(a) Refrigerated trailer compliance deadlines: A traile r owner electing to bring refrigerated

- van trailers into compliance in accordance with the refrigerated fleet compliance provision must:

(1) Bring all 2003 and 2004 model year 53

- foot or longer refrigerated

- van trailers into compliance by December 31, 2017. A t railer owner subjected to this provision may not operate a nonconforming 2003 or 2004 model year refrigerated

- van trailer on a California hig hway after December 31, 2017.

(2) Bring all 2005 and 2006 model year 53

- foot or longer refrigerated

- van trailers into compliance by December 31, 2018. A t railer owner subjected to this provision may not operate a nonconforming 2005 or 2006 model year

ref rigerated

- van trailer on a California highway after December 31, 2018.

(3) Bring all 2007 and 2008 model year 53

- foot or longer refrigerated

- van trailers into compliance by December 31, 2019. A t railer owner subjected to this provision may not operate a nonconforming 2007 or 2008 model year refrigerated

- van trailer on a California highway after December 31, 2019.A-43 Table 3 : Refrigerated Fleet Compliance Deadlines

Compliance Deadlines Affected Trailer Model Years
December 31, 2017 2003, 2004

December

31, 2018 2005, 2006
December 31, 2019 2007, 2008

(b) Refrigerated fleet compliance report: To be eligibl e to bring trailers into compliance in accordance with the refrigerated flee t compliance provision, a trailer owner must provide the following infor mation, in a document entitled “Refrigerated Fleet Compliance Report,” by July 1, 2012. This document must

include:

(1) If participating in an optional trailer fleet compl iance schedule, the applicable trailer fleet list, prepared in accordance with sec t ion 95307 (c)(2), including

the identification of all trailers that the owner e lects to bring into compliance in accordance with the refrigerated fleet complianc e provision

(2) If not participating in an optional trailer fleet c ompliance schedule, a

refri gerated trailer fleet list, which must include the following information:

(A) List of all trailers that the trailer owner will br ing into compliance in accordance with the refrigerated fleet compliance p rovision.

(B) Owner’s name

(C) Name of company or agency

(D) Corporate parent (if applicable)

(E) Physical address

(F) Mailing address

(G) Physical address of location where records pertaini ng to the applicable compliance schedule will be maintained

(H) Name of contact person

(I) Telephone number

( J) Email address (if available)

(K) Company taxpayer identification number

(L) For each trailer listed:A-44 1. Trailer make

2. Trailer model

3. Trailer model year

4. License plate number

5. State of registration

6. Transport refrigeration unit make

7. Transport refrigeration unit model

8. Transport refrigeration unit model year

9. Transport refrigeration unit serial number

10. Transport refrigeration unit engine make

11. Transport refrigeration unit engine model

12. Transport refrigeration unit en gine model year

13. Transport refrigeration unit engine serial number

(3) Copy of registration for all trailers that the owne r will bring into compliance in accordance with the refrigerated fleet compliance p rovision.

(4) Statement of intent, which incl udes the following:

(A) A statement affirming that the owner elects to brin g applicable trailers into compliance in accordance with the refrigerated fleet compliance

schedule.

(B) A statement affirming that all trailers that the tr ailer owner elects to

b ring into compliance in accordance with the refrige rated fleet compliance provision are 2003 through 2008 model ye ar 53

- foot or longer refrigerated

- van trailers with 2003 and subsequent model year

TRUs.

(C) A statement affirming that all affected trailers will be brought into compliance by the applicable compliance deadlines s pecified in subsection (a), Refrigerated trailer compliance dea dlines.A-45

(D) A signature of the trailer owner or a corporate off icial affirming that all

information contained within th e refrigerated fleet compliance report, including information contained within the statemen t of intent and the trailer fleet list, is true and correct.

(c) Other Requirements

(1) Only refrigerated

- van trailers equipped with a functional TRU are eli gible to be brought into compliance in accordance with the r efrigerated fleet compliance provision.

(2) For applicable refrigerated fleets that begin servi ce in California after December 31, 2012, the refrigerated fleet complianc e report must be

submitted to th e Executive Officer prior to operating any nonconfo rming 2003 through 2008 model

- year 53

- foot or longer refrigerated

- van trailer equipped with 2003 and subsequent model

- year TRUs on a California highway.

(3) If the trailer owner elects to begin participat ion in the refrigerated fleet compliance provision after December 31, 2016, such fleet must ensure that all trailers subjected to previous deadlines, as ap plicable, are in compliance.

(4) Notwithstanding any other requirements of the refri gerated fleet co mpliance provision, a trailer owner may not allow any noncon forming refrigerated

- van trailer subjected to this regulation to operate on a California highway after
December 31, 2019.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95309 95308 Enforcement.

Enforcement of this subarticle may be carried out b y authorized representatives of the ARB, peace officers as defined in California Penal Code, title 3, chapter 4.5, sections 830 et seq. and their respective law enforcement ag encies; and authorized representatives of air pollution control or air qua lity management districts.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95310 95309 Right of Entry

For purposes of inspecting HD tractors and box-type trailers covered in the subarticle, and inspecting or auditing the records of drivers, owners of trailers and tractors, motor carriers, California-based brokers, and California- based shippers to determineA-46

compliance with this subarticle, an agent or employ ee of ARB, upon presentation of proper credentials, has the right to enter any faci lity (with any necessary safety clearances) where HD tractors and box-type trailers are located or HD tractor and boxtype trailer records, including dispatch records, a re kept.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95311 95310

Penalties.

As provided in Health and Safety Code section 38580 , any person who violates any requirement of this subarticle is subject to the p enalties set forth in Article 3 (commencing with section 42400) of Chapter 4 of Par t 4, Division 26 of the Health and Safety Code. Failure to comply with any requiremen t of this subarticle shall constitute a single, separate violation for each day during an y portion of which the person is not in compliance.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95312 95311 Severability.

If any subsection, paragraph, subparagraph, sentenc e, clause, phrase, or portion of the subarticle is, for any reason, held invalid, un constitutional, 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 this subarticle

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.