State of California 

AIR RESOURCES BOARD 

Second Notice of Public Availability of Modified Text

PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE 

AIRBORNE TOXIC CONTROL MEASURE FOR IN-USE DIESEL-FUELED 

TRANSPORT REFRIGERATION UNITS (TRU) AND TRU GENERATOR SETS, AND 

FACILITIES WHERE TRUs OPERATE 

Public Hearing Date: October 21, 2011 

First Public Availability Dates: February 28, 2012 – March 14, 2012 

Second Public Availability Date: June 15, 2012 

Deadline for Public Comment: July 2, 2012 

At its October 21, 2011, public hearing, the Air Resources Board (ARB or Board) 

considered proposed amendments to the Airborne Toxic Control Measure (ATCM) for 

In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets, 

and Facilities Where TRUs Operate (TRU ATCM), title 13, California Code of 

Regulations section 2477 and adopted new sections 2477.1, 2477.2, 2477.3, 2477.4, 

2477.5, 2477.6, 2477.7, 2477.8, 2477.9, 2477.10, 2477.11, 2477.12, 2477.13, 2477.14, 

2477.15, 2477.16, 2477.17, 2477.18, 2477.19, 2477.20, and 2477.21, which are 

designed to provide flexibility, improve enforceability, improve compliance rates, and 

clarify existing requirements. Information regarding the initially proposed amendments 

to the TRU ATCM can be found in the Initial Statement of Reasons (ISOR) at the 

following link: http://www.arb.ca.gov/regact/2011/tru2011/tru2011.htm

The Board’s Action 

At the October 21, 2011 hearing, the Board adopted Resolution 11-35 that covered the 

amendment to California Code of Regulations (CCR), title17, section 2477 and the 

proposed adoption of sections 2477.1 to 2477.21, that were initially proposed by staff 

and described in the Notice of Public Hearing (45-Day Public Notice) and Staff Report, 

which were initially published on August 31, 2011. Modifications were suggested by 

staff in a document entitled “Staff’s Suggested Modifications to the Original Proposal” 

that was distributed at the hearing and that was Attachment B to the Resolution.1

Consistent with Government Code section 11346.8, the Board delegated to the 

Executive Officer authority to take final action on the proposed amendment to the CCR, 

title17, section 2477, and to adopt new sections 2477.1 to 2477.21, as proposed by 

staff, and to determine if additional modifications to the originally proposed amendment 

 

1 This document was inadvertently identified as Attachment D to Resolution 11-35 at the 

October 21, 2011 public hearing, but the text of this document clearly indicates that it presents staff’s 

suggested modifications to the originally proposed amendments to the regulatory text set forth in 

Appendix A to the Staff Report: Initial Statement of Reasons (released August 31, 2011). 
2

and adoption of sections 2477.1 to 2477.21 are appropriate, and if the Executive Officer 

does so determine, to make the modified regulatory language available for public 

comment for a period of 15 days before taking final action to adopt the amendments. 

The Board further provided that the Executive Officer shall consider such written 

comments as may be submitted during this period, shall make modifications as may be 

appropriate in light of the comments received, and shall present the regulations to the 

Board for further consideration if warranted. 

Resolution 11-35 further directed the Executive Officer to prepare and approve written 

responses to comments received, including comments raising significant environmental 

issues, as required by Government Code section 11346.9, Public Resource Code 

section 21080.5(d)(2)(D), and the California Code of Regulations, title 17, section 

60007, to determine whether there are feasible alternatives or mitigation measures that 

could be implemented to reduce or eliminate any potential adverse environmental 

impacts, to make findings as required by Public Resources Code section 21081 if the 

proposed amendments would result in one or more significant adverse environmental 

impacts, and to take final action to adopt the proposed amendment to, and proposed 

adoption of California Code of Regulations, title 13, sections 2477 to 2477.21, as 

proposed for modification of any subsequent publicly noticed 15-day change notices. 

The regulatory documents for this rulemaking, including Resolution 11-35, are available 

online at the following ARB website: 

http://www.arb.ca.gov/regact/2011/tru2011/tru2011.htm

This notice is an announcement of the opening of a second 15-day comment period in 

which the public may provide comments on additional proposed modifications to the 

TRU ATCM. 

Summary of Additional Proposed Modifications 

Attachment 1 to this notice contains the text of title 13, California Code of Regulations 

sections 2477, 2477.1, 2477.2, 2477.3, 2477.4, 2477.5, 2477.6, 2477.7, 2477.8, 2477.9, 

2477.10, 2477.11, 2477.12, 2477.13, 2477.14, 2477.15, 2477.16, 2477.17, 2477.18, 

2477.19, 2477.20, and 2477.21 that shows the proposed second 15-day modifications 

to the originally proposed amendments to section 2477 and the proposed adoption of 

sections 2477.1 to 2477.21 of the TRU ATCM. 

I. Modifications to Regulatory Text of title 13, California Code of Regulations 

(CCR) sections 2477 through 2477.21 Being Made Available for Comment 

A. Exemption for Noncompliant, Non-Operating Refrigerated Railcar 

TRUs Passing Through California, if Certain Conditions and Criteria 

are Met [13 CCR section 2477.3]
3

Comments were received regarding noncompliant TRUs on refrigerated 

railcars that travel through California without operating. For example, 

railroads occasionally need to move such noncompliant TRUs on empty 

refrigerated railcars from Arizona to Oregon or Washington. Allowing such 

noncompliant TRUs to pass through California if they are not operated 

would avoid having to route them around California borders over a much 

longer and more costly route. These TRUs are already equipped with 

electronic tracking systems that can be used to monitor the TRU location, 

date and time using global positioning systems (GPS), and automated 

recorders to capture the engine run status (e.g. “engine on” or “engine 

off”). Existing trackside readers and data acquisition and storage systems 

can collect this data and use it to demonstrate that the TRU engines never 

operate while inside of California. 

Subsection (e) is proposed to be added to 13 CCR, section 2477.3 to 

provide an exemption for such TRUs, provided the Executive Officer has 

previously approved a written compliance plan, submitted by the railway 

carrier. The written compliance plan would clearly identify the monitoring, 

recordkeeping, and reporting procedures that the railway carrier would 

implement and utilize to ensure noncompliant TRUs on refrigerated 

railcars will not operate at any time while in California. The compliance 

plan would include, without limitation: the procedures for tracking and 

recording routes and dates of travel within California of each noncompliant 

TRU, information identifying each noncompliant TRU, a description of the 

automated monitoring and recordkeeping system for reporting the TRU 

“engine on” and “engine off” status, and the procedure for expeditiously 

reporting violations observed or discovered by the railway carrier to ARB. 

A statement would be required, signed by an authorized railroad 

representative, declaring that the railway carrier agrees to be bound by the 

compliance plan. Compliance verification records would be maintained for 

three years and would be provided to authorized enforcement personnel 

upon request. 

B. Add an Exemption for a Railway Carrier Exempting Them from the 

Owner or Owner/Operator Requirements of Section 2477.5 for Any 

TRU or TRU Gen Set that is Not Owned by the Railway Carrier 

[13 CCR section 2477.3(f)]

The TRU ATCM’s in-use performance standards in section 2477.5 apply 

to owners or operators of TRUs that operate a TRU or TRU gen set in 

California. The 2011 TRU Amendments added language to the definition 

of “operate” to make it clear that a TRU or TRU gen set that is operable 

(capable of being operated) shall be considered to operate if it is in 

California. 
4

Comments were received regarding railway carriers that move refrigerated 

railcars owned by third parties (any party other than the railroad). A 

railway carrier may be under contract to perform some activities that 

presently fall under the definition of “operate”, such as fuel, monitor, or 

keep in operation; and, may perform these activities on behalf of the 

owner to ensure safe transit of their customers’ perishable goods. For 

example, if there is a derailment, or other kind of delay in movement, the 

railway carrier may monitor the TRUs’ fuel levels and refuel them if 

necessary. But railway carriers do not load or unload perishable goods 

being transported and do not set the equipment operating programs of 

these third party TRUs. 

Staff is proposing to add section 2477.3(f), to exempt a railway carrier 

from the owner or owner/operator requirements of section 2477.5 for 

refrigerated railcar TRUs that are owned by third parties, where the 

railway carrier is only moving the refrigerated equipment for a customer. 

This exemption would not apply if the rail carrier is leasing the TRU, in 

which case the lessee requirements of section 2477.12 would apply to the 

rail carrier. This exemption would also only apply if the railway carrier or 

its agent is only fueling, monitoring to assure proper operation, keeping in 

operation, arranging repairs at the request of the owner, or restarting the 

TRU or TRU gen set engine after an unscheduled shut-down or repair, 

and is not performing any of the other activities listed under the definition 

of ‘operate.’ 

It is not staff’s intent to exempt rail carriers from the freight broker and 

freight forwarder requirements of section 2477.8 if the rail carrier is the 

business entity that hires, contracts for, or dispatches the transport of 

perishable goods in TRU-equipped or TRU gen set-equipped trucks, 

tractor-trailers, shipping containers, or railcars on California highways or 

railways. For example, if a rail carrier, its parent company, or subsidiary 

arranges drayage at the ends of the rail leg of perishable food transport, 

the freight broker or freight forwarder requirements of section 2477.8 

would apply to the rail carrier. 

Submittal of Comments 

Written comments will only be accepted on the modifications described in this notice 

and may be submitted by postal mail or electronic mail submittal as follows: 

Postal mail: Clerk of the Board 

Air Resources Board 

1001 I Street 

Sacramento, California 95814 
5

Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php 

Please note that under the California Public Records Act (Gov. Code § 6250 et seq.), 

your written and oral comments, attachments, and associated contact information (e.g., 

your address, phone, email, etc.) become part of the public record and can be released 

to the public upon request. 

In order to be considered by the Executive Officer, comments must be directed to ARB 

in one of the two forms described above and received by ARB by 5:00 p.m., on the 

deadline date for public comment listed at the beginning of this notice. Only comments 

relating to the above-described modifications to the text of the regulations shall be 

considered by the Executive Officer. 

If you need this document in an alternate format or another language, please contact 

the Clerk of the Board at (916) 322-5594 or by facsimile at (916) 322-3928 no later than 

five (5) business days from the release date of this notice. TTY/TDD/Speech to Speech 

users may dial 711 for the California Relay Service. 

Si necesita este documento en un formato alterno u otro idioma, por favor llame a la 

oficina del Secretario del Consejo de Recursos Atmosféricos al (916) 322-5594 o envíe 

un fax al (916) 322-3928 no menos de cinco (5) días laborales a partir de la fecha del 

lanzamiento de este aviso. Para el Servicio Telefónico de California para Personas con 

Problemas Auditivos, ó de teléfonos TDD pueden marcar al 711. 

Attachment 

The energy challenge facing California is real. Every Californian needs to take immediate action to 

reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy 

costs, see ARB’s website at www.arb.ca.gov.
ATTACHMENT 1 

Second 15-Day Modifications to the Original Proposal 

MODIFICATIONS TO THE PROPOSED AMENDMENTS TO THE 

AIRBORNE TOXIC CONTROL MEASURE FOR IN-USE DIESEL-FUELED 

TRANSPORT REFRIGERATION UNITS (TRU) AND TRU GENERATOR SETS, AND 

FACILITIES WHERE TRUs OPERATE 

Shown on the following pages are the proposed modifications to the originally proposed 

regulatory text set forth in Appendix A of the Staff Report: Initial Statement of Reasons, 

which was released August 31, 2011. All originally proposed regulatory language is 

shown in underline to indicate additions and strikeout to indicate deletions. 

The second 15 day modified language now proposed by staff is shown in bold italic 

double underline to indicate additions and bold italic double strikeout to indicate 

deletions. 

Staff is proposing modifications to limited portions of the original proposal; for 

some portions where no modifications are proposed the text has been omitted 

and the omission indicated by: 

****** 
This page left intentionally blank 
3

Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration 

Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate

____________________________________________________________________ 

Amend article 8, Off-Road Airborne Toxic Control Measures, and section 2477 and 

adoption of sections 2477.1, 2477.2, 2477.3, 2477.4, 2477.5, 2477.6, 2477.7, 2477.8, 

2477.9, 2477.10, 2477.11, 2477.12, 2477.13, 2477.14, 2477.15, 2477.16, 2477.17, 

2477.18, 2477.19, 2477.20, and 2477.21, within division 3, chapter 9, title 13, California 

Code of Regulations (CCR), to read as follows: 

Article 8. Off-Road Airborne Toxic Control Measures 

Section 2477. Airborne Toxic Control Measure for In-Use Diesel-Fueled 

Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities 

Where TRUs Operate. 

****** 

(c)2477.3 Exemptions. 

****** 

(e) (1) Noncompliant TRUs on refrigerated railcars that are not operated while 

traveling through California shall be exempted provided the Executive 

Officer has previously approved a written compliance plan submitted by 

the railway carrier. 

(2) The written compliance plan must clearly identify the monitoring, 

recordkeeping, and reporting procedures that the railway carrier will 

implement and utilize to ensure that noncompliant TRUs on refrigerated 

railcars will not operate while in California. 

(3) The compliance plan shall establish monitoring, recordkeeping, and 

reporting procedural requirements that the Executive Officer finds are 

sufficient to identify non-compliant TRUs being moved on railways in 

California and to ensure that such TRUs will not operate at any time while 

they are present within California. 

(A) The compliance plan must include, without limitation: the procedure 

for tracking and recording routes and dates of travel within California 

of each noncompliant TRU, information identifying each 

noncompliant TRU (e.g. the railway carrier’s reporting mark followed 

by the one-to-six-digit number which together uniquely identifies the 

railcar), a description of the automated monitoring and 

recordkeeping system for reporting the TRU “engine on” or “engine 
4

off” status, and the procedure for expeditiously reporting violations 

observed and/or discovered by the railway carrier. 

(B) A statement is required, signed by an authorized railroad 

representative, declaring that the railway carrier agrees to be bound 

by the compliance plan. 

(4) Within 30 days of the submission of a complete compliance plan, the 

Executive Officer shall approve or disapprove the compliance plan based 

on the information submitted by a railway carrier as specified in section 

2477.3(e)(2) and (3) above, and based on good engineering judgment. If the 

compliance plan is disapproved, the Executive Officer shall inform the 

railway carrier of the reasons for the disapproval. The railway carrier may 

revise the compliance plan to address the basis for disapproval and 

resubmit the compliance plan for EO approval or disapproval. 

(5) The railway carrier shall maintain records collected pursuant to the 

approved compliance plan for a period of at least three (3) years and make 

these records available to ARB upon request. 

(f) Railway carriers are exempt from the owner or owner/operator 

requirements of section 2477.5 for any TRU or TRU gen set that is not 

owned by the railway carrier, provided: 

(1) The TRU or TRU gen set is not leased by the railway carrier, in which 

case, section 2477.12 applies; or 

(2) The railway carrier or its agent is only fueling, monitoring to assure 

proper operation, keeping in operation, arranging repairs at the request 

of the owner, or restarting the TRU or TRU gen set engine after an 

unscheduled shut-down or repair, and is not performing any of the other 

activities listed under the definition of “operate”. 

******