ATTACHMENT B

Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU GeneratorSets, and FacilitiesWhere TRUs Operate

Amend article 8, Off-Road Airborne Toxic Control Measures, and section 2477, within division 3, chapter 9, title 13, California Code of Regulations, to read as follows: (Note: Proposed amendments are shown in underline to indicate additions and strilmout to indicate deletions.)

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 GeneratorSets, and Facilities Where TRUs Operate. (a) Purpose. Diesel particulate matter (PM) was identified in 1998 as a toxic air contaminant. This regulation implements provisions ofthe Diesel Risk Reduction Plan, adopted bythe Air Resources Board in October, 2000, as mandated bythe Health and Safety Code Sections 39650-39675, to reduce emissions ofsubstances that have been determined to be toxic air contaminants. Specifically, this regulation will use a phased approach to reduce the diesel PM emissions from inuse transport refrigeration units (TRUs) and TRU generator (gen) set equipment used to power electrically driven refrigerated shipping containers and trailers that are operated in California. (b) Applicability. (1) Except as provided in subsection (c), this regulation applies to owners and operators ofdiesel-fueled TRUs and TRU gen sets (see definition ofoperator and owner in subsection (d) that operate in the state ofCalifornia. This specifically includes: (A) Operators and owners ofCalifornia-based TRUs and TRU gen sets that are installed on trucks, ortrailers, shipping containers, or railcars; and (B) Operators and owners of non-California-based TRUs and TRU gen sets that are installed on trucks, trailers, shipping containers, ortrailers. (2) This regulation applies to facilities located in California with 20 or more loading dock doors serving refrigerated areas where perishable goods are loaded or unloaded for distribution on trucks, trailers, shipping containers, or rail cars that are equipped with TRUs and TRU gen sets and that are owned, leased, or contracted for bythe facility, its parent company, affiliate, or subsidiary that are underfacility control (see definition).

A-1(3) Tothe extent not already covered under subsections (b)(1) and (b)(2), above, subsection (g) ofthis regulation shall applytoany person engaged in this State in the business ofselling to an ultimate purchaser, or renting or leasing new or used TRUs orTRU gen sets, including, but not limited to, manufacturers, distributors, and dealers. (4}TRU and TRU qen set original equipment manufacturers that directly or indirectly sell orofferforsale TRUs and TRU gen sets to the California market. {41(5) · Severability. Ifany subsection, paragraph, subparagraph, sentence, clause, phrase, or portion ofthis regulations is, forany reason, held invalid, unconstitutional, or unenforceable by any court ofcompetentjurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity ofthe remaining portions ofthe regulation. (c). Exemptions. This regulation does not apply to militarytactical support equipment. (d) Definitions. For purposes ofthis regulation, the following definitions apply: (1) "Affiliate orAffiliation" refers to a relationship ofdirect or indirect control or shared interests between the subject business and another business. (2) "Alternative Fuel" means natural gas, propane, ethanol, methanol, or advanced technologies thatdo not rely on diesel fuel, except as a pilot ignition source at an average ratio of less than 1 part diesel fuel to 10 parts total fuel on an energy equivalent basis. Alternative fuels also means any ofthese fuels used in combination with each otheror in combination with other non-diesel fuels. Alternative-fueled engines shall not have the capability of idling or operating solely on diesel fuel at any time. (3) "Alternative-Fueled Engine" means an engine that is fueled with a fuel meeting the definition ofalternative fuel. (4) "Alternative Diesel Fuel" means anyfuel used in diesel engines that is not commonly orcommercially known, sold or represented as diesel fuel No. 1- D or No. 2-D, pursuantto the specification for Diesel Fuel Oils 0975-81, and does not require engine orfuel system modificationsforthe engine to operate, although minor modifications (e.g. recalibration ofthe engine fuel control) may enhance performance. Examples ofalternative diesel fuels include, but are not limited to, biodiesel, FischerTropsch fuels, and emulsions ofwater in diesel fuel. Natural gas is not an alternative diesel fuel. An emission control strategy using a fuel additive will be treated as an alternative diesel fuel based strategy unless: (A) Theadditive is supplied to the vehicle orengine fuel by an on-board dosing mechanism, or(B) The additive is directly mixed into the base fuel inside thefuel tank ofthe vehicle or engine, or (C) The additive and base fuel are not mixed until vehicle or engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling ofa single engine orvehicle. (5) "ARB" means the California Air Resources Board. (6) "B100 Biodiesel Fuel" means 100% biodiesel fuel derived from vegetable oil oranimal fat and complying with ASTM D 6751-02 and commonly or commercially known, sold, or represented as "neat" biodiesel or B100. B1 00 biodiesel fuel is an alternative diesel fuel. (7) "B100 Biodiesei-Fueled" (compression-ignition engine) means a compression-ignition engine that is fueled by B100 biodiesel fuel. (8) "Business" means an entity organized for profit including, but not limited to, an individual, sole proprietorship, partnership, limited liability partnership, corporation, limited liability company, jointventure, association or cooperative; or solelyfor purposes ofthe Prompt PaymentAct (Government Code 927 et seq.), a dulyauthorized nonprofit corporation. (9) "California-Based TRUs and TRU Gen Sets" meansTRUs and TRU gen sets equipped on trucks, trailers, shipping containers, or railcars that a reasonable person would find to be regularly assigned to terminals within California. (10)"CARB Diesel Fuel" means any diesel fuel that is commonly or commercially known, sold or represented as diesel fuel No. 1-D or No. 2-D, pursuant to the specification for Diesel Fuel Oils D975-81 and meets the specifications defined in 13 CCR 2281, 13 CCR2282, and 13 CCR 2284. (11 )"Carbon Monoxide (CO)" means a colorless, odorless gas resulting from the incomplete combustion ofhydrocarbon fuels. (12)"Carrier" means any person, party, or entitywho undertakes the transport ofgoodsfrom one point to another. (13)"Certification" means the obtaining ofan Executive Orderfor a newoffroad compression-ignition engine family that complies with the off-road compression-ignition emission standards and requirements specified in the California Code of Regulations, Title 13, Section 2423. A "certifiedengine" is an engine that belongs to an engine family that has received a certification Executive Order.

A-3(14)"Certification Data" means the ARB Executive Order number and related exhaust emission data for each test cycle mode used to certifythe engine family and obtain the certification level shown in the certification Executive Order. Such dataincludes modal exhaust emissions datafor nitrogen oxides, nonmethane hydrocarbons, carbon monoxide, and particulate matter includes, as a minimum, torque, engine speed, weighting factor, power, mass emission rate (grams per hour), and certification testfuel. (15)"Compression Ignition (CI) Engine" means an internal combustion engine with operating characteristics significantly similarto the theoretical diesel combustion cycle. The regulation of power by controlling fuel supply in lieu ofa throttle is indicative ofa compression ignition engine. (16)"Consignee" (see receiver). (17)"Consignor" (see shipper). (18)"Cryogenic Temperature Control System" means a heating and cooling system that uses a cryogen, such as liquid carbon dioxide or liquid nitrogen that is routed through an evaporator coil that cools airblown overthe coil. The cryogenic system uses a vapor motorto drive a fan and alternator, and a propane-fired heatersuperheats the carbon dioxidefor heating and defrosting. Electricallydriven fans may be used instead ofa vapor motor · and heating and defrost needs may be met by using electric heaters and/or vehicle engine coolant. · (19)"Deterioration Factor (DF)" means a factorthat is applied to the certification emission test data to representemissions atthe end ofthe useful life ofthe engine. Separate DFs apply to each measured pollutant, exceptthat a combined NMHC+NOx DF applies to engines that do not use aftertreatment devices. Decreasing emissions overtime would not be allowed to offset increasing emissions ofthe other pollutant in this combined DF. (20)"Diesel Fuel" means anyfuel that is commonly orcommercially known, sold, or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons

- organic compounds consisting exclusively ofthe elements carbon and hydrogen -that is sold or represented as suitable for use in an internal combustion, compression-ignition engine. (21 )"Diesel-Fueled" meansfueled by diesel fuel orCARS diesel fuel if\ whole or in part, except as allowed for a pilot ignition source underthe definition for "alternative fuel".

A-4(22)"Diesel Oxidation Catalyst (DOC)" means the use ofa catalyst to promote the oxidation processes in diesel exhaust. Usually refers to an emission control device that includes a flow-through substrate where the surfaces that contact the exhaustflow have been catalyzed to reduce emissions of the organicfraction ofdiesel particulates, gas-phase hydrocarbons, and carbon monoxide. (23)"Diesel Particulate F"ilter (DPF)" means an emission control technology that reduces PM emissions by trapping the particles in a flow filter substrate. Periodically the collected particles are either physically removed oroxidized (burned off) in a process called regeneration. (24)"Diesel Particulate Matter" means the particles found in the exhaustof diesel-fueled Cl engines. Diesel PM may agglomerate and adsorb other species to form structures ofcomplex physical and chemical properties. (25)"Duai-Fuel Engine" means an engine designed to operate on a combination ofalternative fuel, such as compressed natural gas (CNG) or liquefied petroleum gas (LPG), and conventional fuel, such asdiesel or gasoline. These engines have two separate fuel systems, which either inject both fuels simultaneously into the engine combustion chamber orfumigate the gaseous fuel with the intake air and inject the liquid fuel into the combustion chamber. (26) "Effective model year" or "effective engine model year" is an alternative model-year designation (see definition of "model year") for a new replacement engine. rebuilt replacement engine. orflexibility engine when the engine does not meet, at the time ofmanufacture. the most stringent emission tier standard for a new engine in effectforthe horsepower rating ofthe engine. When an engine is manufactured to meet a less stringent prior-tier emissions standard than is currently in effect, the effective model year is the lastyearthat the prior-tier emission standard was in effect. Table 1 lists the tier standards that apply to TRUs and TRU gen sets and the corresponding effective model years. Table 1 Effective Model Year

>**F'ridr-!i~r** Enslne 

### > •_.··.··
..·.
· ..- ••.·.-·Emissions.Standard..•.-•••.•... > TiE!r.stalldard···•··.·.·•·•
->·. EffectiveYears

.. ·. Tier 1 25-50 Ho (trailer\ 1999-2003 Tier 1 under25 Ho (truck\ 2000-2004 Tier2 25-50 Ho (trailer\ 2004-2007 Tier2 under25 Ho (truck\ 2005-2007 Tier4i 25-50 ho (trailer) 2008-2012

---- •-··-Effective.·IVJodel .•..._•• ·. >Year ·· · ..· 2003 2004 2007· 2007 2012 11

11 Effective model yearappliesforthis tier only afterTier41 becomes effective in2013 for 25 to less than 50 hp engines.
A-5{291(27) "Emergency" means any ofthefollowing times: (A) A failure or loss ofnormal powerservice that is not part of an "interruptible service contract" (see definition in subsection (d)); (B) A failure of a facility's internal power distribution system, provided the failure is beyond the reasonable control ofthe operator; (C) When an affected facility is placed underan involuntary "rotating outage" (see definition in subsection (d)). f2-7-j(28) "Emission Control Strategy" means any device, system, or strategy employed with a diesel-fueled Cl engine that is intended to reduce emissions. Examples ofemission control strategies include, but are not limited to, particulate filters, diesel oxidation catalysts, selective catalytic reduction systems, alternative fuels, fuel additives used in combination with particulate filters, alternative diesel fuels, and combinations ofthe above.**~(29)** "Emissions Rate" meansthe weight ofa pollutant emitted per unit oftime (e.g., grams per second). f29j(30) "Executive Officer" means the Executive Officerofthe California Air Resources Board or his or herdelegate.**~tll)"Facility"** means anyfacility where TRU-equipped trucks, trailers, shipping containers or railcars are loaded or unloaded with perishable goods. This includes, but is not limited to, grocery distribution centers, food service distribution centers, cold storage warehouses, and intermodal facilities. Each business entity at a commercial development is a separate facility forthe purposes ofthis regulation, provided the businesses are "independently owned and operated" (see definition in subsection (d)).**~(32)** "Facility Control (ofTRUs orTRU Gen Sets)" means theTRUs orTRU gen sets located atthefacility are owned or leased bythe facility, its parent company, affiliate, ora subsidiary, or undercontractforthe purpose ofproviding carrier service to the facility, and the TRUs' orTRU gen sets' arrival, departure, loading, unloading, shipping and/or receiving ofcargo is determined bythe facility, parent company, affiliate, orsubsidiary (e.g scheduled receiving, dispatched shipments).**~(33)** "Fischer-Tropsch Diesel Fuel" See**"ultra-low~aromatic** synthetic diesel fuel".

· (34) "Flexibility engine" meansan engine installed in newequipment by an original equipment manufacturer underthe Transitional Program for Equipment Manufacturers in accordance with title 

### 40 Code of Federal Regulations 

### (40 CFR)

A-6sections 89.102 and 1039.625. and title 13 CCR section 2423ld). Such engines. shall use the "effective model year" designation for purposes ofcompliance with this subarticle. exceptas allowed undersubsection le\11\IB)5.a.**~135\"Fuel** Additive" means any substance designed to be added tofuel orfuel systems orotherengine-related engine systems such that it is present in-cylinder during combustion and has any of the following effects: decreased emissions, improved fuel economy, increased performance ofthe engine; orassists diesel emission control.strategies in decreasing emissions, orimproving fuel economy or increasing performance ofthe engine. f34j(36)"Generator Set (gen set)" means a Cl engine coupled to a generator used as a source ofelectricity.**~I37)"Hybrid** Cryogenic Temperature Control System" means a temperature control system that uses a cryogenic temperature control system in conjunction with a conventional TRU.**~138)** "Independently Owned and Operated" means a business concern that independently manages and controls the day-to-day operations of its own business through its ownership and management, without undue influence by an outside entity or person that may have an ownership and/orfinancial interest in the managementresponsibilities ofthe applicant business or small business. fd+jl39)"1ntermodal Facility" means a facility involved in the movement ofgoods in one and the same loading unit orvehicle which uses successively several modes oftransport without handling ofthe goods themselves in changing modes. Such a facility is typically involved in loading and unloading refrigerated shipping containers and trailers to and from railcars, trucks, and ocean-going ships.**~(40)"1nterruptible** Service Contract" means any arrangement in which a nonresidential electrical customer agrees to reduce or consider reducing its electrical consumption during periods of peak demand or at the request ofthe System Operator in exchange for compensation, orassurances notto be blacked out orother similar non-monetary assurances. f391.(11}"1n Use TRU, TRU gen set, orengine" means aTRU, TRU gen set, or engine that is not a "new" TRU, TRU gen set, or engine. (4Gjl42) "Low Emission TRU (LETRU or L)" means a TRU orTRU gen set that meets the performance standards described under paragraph (e)(1 )(A)1. or (e)(1)(A)2. t4+)143) "Manufacturer" means a business as defined in Government Code 

### § 14837(c).

A-7**~(44)** "Military tactical support equipment (TSE)" means equipmentthat meets military specifications, owned bythe U.S. Department of Defense and/orthe U.S. military services, and used in combat, combat support, combat service support, tactical or reliefoperations, ortraining for such operations.**~(45)** "Model Year (MY)" means the following: (A) The designation used forengines manufactured to meetthe emissionstier standard in effectfor newengines attime of manufacture (see alternative designation. ''effective model year. defined above); and (B) The diesel-fueled engine manufacturer's annual production period, which includes January 1stofa calendar year, or ifthe manufacturer has no annual production period, the calendaryear. f443(46) "NewTRU, TRU Gen Set, or Engine" means anyTRU, TRU gen set, or enginethat has never been subject to a retail sale or leaseto an "ultimate purchaser" (see definition in subsection (d)).**~(47)** "Nitrogen Oxide (NOx)" means compounds of nitric oxide (NO), nitrogen dioxide (N02), and other oxides of nitrogen. Nitrogen oxides are typically created during combustion processes and are major contributors to smog formation and acid deposition. {4&1(48)"Non-California-Based TRUs and TRU Gen Sets" means TRUs and TRU gen sets that are equipped on or used in trucks, trailers, shipping containers, or railcars that a reasonable person would find to be regularly assigned to terminals outside ofCalifornia and operate in California from time to time forthe purpose of transporting perishable goods into orout ofthe state. M(49) "Non-methane Hydrocarbons (NMHC)" meansthe sum ofall hydrocarbon air pollutants except methane. NMHCs are precursors to ozone formation. {4-IB(50) "Operate" meansto start, cause to function, program the temperature controller, selectan operating program orotherwise control, fuel, monitorto assure properoperation, or keep in operation.**~§1.)** "Operator" means any person, party or entity that operates a TRU orTRU gen setfor the purposes oftransporting perishable goods, excluding an employee driver and third party maintenance and repair service, and including but not limited to: (D) Manufacturer, producer, supplier, carrier, shipper, consignor, consignee, receiver, distribution center, orwarehouse of perishable goods;

A-8(E) An individual, trust, firm, jointstock company, business concern, partnership, limited liability company, association, or corporation including but not limited to, 

# agovernment corporation; (F) Any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government orany department or agencythereofto the extent permitted by law. {W'j(52) "Owner" means any person that legally holds the title (or its equivalent)

showing ownership ofa TRU orTRU gen set, excluding a bank or otherfinancial lending institution, and including but not limited to: (A) Manufacturer, producer, supplier, carrier, shipper, consignor, consignee, receiver, distribution center, warehouse; · (B) An individual, trust, firm,joint stock company, business concern, partnership, limited liability company, association, or corporation including but not limited to, a government corporation; (C) Any city, county, district, commission, thestate or any department, agency, or political subdivision thereof, any interstate body, and the federal government orany departmentor agency thereofto the extent permitted by law. {541(53) "Owner/Operator" means a requirement applies to the owner and/or operator ofa TRU orTRU gen set, as determined by agreement or contract between the parties ifthe two are separate business entities. {521(54) "Parent Company" means a company that has a controlling interest in another company, usually through ownership of more than one-halfthe voting stock.**~(55)** "Particulate Matter (PM)" meansthe particlesfound in the exhaust of Cl engines, which may agglomerate and adsorb other speciesto form structures of complex physical and chemical properties.**~(56)** "Rated Brake Horsepower" meansthe powerdelivered, according to the statement ofthe engine manufacturer, at the rated speed.**~(57)** "Real Emission Reductions" means that an action istaken that results in reductions in thePM emission rate ofan in-use engine (e.g. a VDECS is installed that reduced the PM emissions rate by more than 50%). f5€)(58)"Receiver" means the person, party, or entitythat receives shipped goods, cargo, or commodities.

A-9

## fe-B(59) "Refrig.erated Trailer" means a trailer

### van, railcar, orshipping container equipped with a TRU orTRU gen set. Pursuant to Health and Safety Code section 39618, refrigeratedtrailers are mobile sources and shall be regulated by the ARB on a statewide basis.**~(60)** "Rotating Outage" means a controlled involuntary curtailment ofelectrical power service to consumers as ordered bythe system operator- see definition in subsection (d). 

### f6-Bj{§jj "Shipper" means the person, party, or entitywho usually owns or supplies the commodities shipped by a carrier.**~(62)** "System Operator" means one ofthe several organizations that control energy in California. System operators include, but are not limited to, the

. California Independent System Operator, the Los Angeles Department ofWater

and Power, the Imperial Irrigation District, the Sacramento Municipal Utility District. f@-B(63) "Terminal" means any place where a TRU orTRU gen set equipped truck, trailer, shipping container, railcar orTRU gen set is regularly garaged, maintained, operated, ordispatched from, including a dispatch office, cross-dock facility, maintenance shop, business, or private residence. {@27(64)"Tier 4 Nonroad/Offroad Emission Standards" means the emission standards and associated procedures promulgated by U.S. Environmental Protection Agency in "Control of Emissions ofAir Pollution from Nonroad Diesel Engines and Fuel; Final Rule" (Vol. 69, No. 124 Fed.Reg

..pp. 38957-39273 (June 29, 2004).**~(65)** 'Transport Refrigeration Unit (TRU)" means refrigeration systems powered by integral internal combustion engines designed to control the environment of temperature sensitive products that are transported in trucks and refrigerated trailers. TRUs may be capable ofboth cooling and heating. t§41(66) "TRU Generator Set (TRU gen·set)" means a generatorsetthat is designed and used to provide electric powerto electrically driven refrigeration units ofany kind. This includes, but is not limited to gen sets that provide electricityto electrically powered refrigeration systems for semi-trailervans and shipping containers.**~(67)** "Ultimate Purchaser" means with respect to a newTRU, TRU gen set, or engine, the first person who in good faith purchases a newTRU, TRU gen set, or engine for purposes otherthan resale.

A-10{66)(68) "Ultra-Low-Aromatic Synthetic Diesel Fuel" means fuel produced from natural gas, coal, or biomass by the Fischer-Tropsch gas-to-liquid chemical conversion process, or similar process that meets the following properties:**~(69)** "Ultra-Low Emission TRU (ULETRU or U)" means aTRU orTRU genset that meetsthe performance standards described undersubparagraph (e)(1)(A)1. and (e)(1)(A)2. orthat uses a.n "alternative technology" in accordance with subparagraph (e)(1 )(A)3.**~(70)** "Verification Classification Level" meansthe classification assigned to a Diesel Emission Control Strategy bythe Executive Officer as defined in the · Verification Procedure, WarrantyandIn-Use Compliance Requirements forInUse Strategies to Control Emission from Diesel Engines 

### (13 CCR Sections 

### 2700

- 2710). PM reductions correspond as follows: Level1:**~25%;** Level 2: ::-_50%; Level 3: :::-_85% or0.01 g/hp-hr. 

### te-B}.{ID "Verified Diesel Emission Control Strategy" (VDECS) means an emission control strategy designed primarily for the reduction ofdiesel particulate matter emissions that has been verified per the Verification Procedure, WarrantyandInUse Compliance Requirements forIn-Use Strategies to Control Emissions from Diesel Engines 

### (13 CCR Sections 

### 2700- 2710). Examples of diesel retrofit systems that may be verified include, but are not limited to, diesel particulate filters, diesel oxidation catalysts, fuel additives (e.g. fuel-borne catalysts), alternativefuels (e.g. dual fuel), alternative diesel fuels, and combinations ofthe above. (e) Requirements. (1) In-Use Operation: (A) In-Use Performance Standards: In accordance with the schedule set forth below in paragraph (e)(1 )(B), no owner/operator shall operate a TRU or TRU gen set in California unless it meets the in-use emission category performance standards set forth below.
1. In-Use performance standard categories forTRU and TRU gen set engines with rated brake horsepower less than 25 horsepower (<25 hp) are shown in**Table~.:?_,** along with the engine certification standards or

A-11the level ofVerified Diesel Emission Control Strategy (VDECS) (see definition)that is necessaryto qualifyfor each category. · Table**2~** <25 HP TRU and TRU Gen Set In-Use PM Performance Standards

a. Compliance can be achieved by:
I. Using a certified engine meeting the applicable nonroad/offroad emissions standards for all regulated pollutants and the in-use PM performance standard. Only engines for which certification data and deterioration factors have been provided to ARB shall be considered when determining compliance. The Executive Officer will considersuch submittals, publish, and make available a list of qualifying engines.
II. Equipping the engine with the required Level ofVDECS.
2. In-Use performance standard categories forTRU and TRU gen set engines with rated brake horsepower greaterthan orequal to 25 horsepowert:25 hp) are shown in Table

### 3:!:, along with the engine certification standards orthe level ofVDECS that is necessary to qualify foreach category. · Table31 HP TRU and TRU Gen Set In-Use PM Performance Standards

12 The Engine Certification value forthe Low Emission TRU category corresponds to the "Interim" Tier4 Nonroad/Offroad Emission Standards that are to go into effect in 2008. 13 NotApplicable must choose anothercompliance option 1\RB ana U.S. EPA will perferm a tesl1nisal review in 2007te oval"ate DOC or!iller IJasea stanaara fer <2§ 11p sa!e§OP/nevi en§ines in 2013. Ifa mere strin§ent "len§ term" level fer ROWtier4 (as iaentiliea in lAO Tier4 Nenreaa,IOIImaa Emission Stan<lares) OR§iROS is aaoptea IJy U.S. EPAfertl1is 11ersepov

..er sale§ory, the Beare •tJill sonsiaer adopliR§ afl en§ine sertifisation in "so perfermanse stanaara fer ULETRU fer <2§ hp TRUs ana TRU §On sets.

. 14 The Engine Certification_value for Low Emission TRU category corresponds to the "Interim" Tier4 Nonroad/Offroad Emission Standards that are to go into effect in 2008.
A-12a. Compliance can be achieved by:
I. Using a certified engine meeting the applicable nonroad/offroad emissions standardsfor all regulated pollutants and the in-use PM performance standard. Only engines for which certification data and deterioration factors have been provided to ARB shall be considered when determining compliance. The Executive Officer will consider such submittals, publish, and make available a list of qualifying engines.
II. Equipping the engine with the required Level ofVDECS.
3. As an alternative to meeting the ULETRU in-use performance standards in subsections (e)(1 )(A)1. and 2., an owner/operator may operate a TRU orTRU gen set in California meeting one ofthe Alternative Technology options listed below. Alternative Technologies qualify to.meet the ULETRU in-use performance standard only ifthe TRU orTRU gen set is operated under the conditions included in the description listed below.

a. Electric standby, provided thatthe TRU is not operated under diesel engine powerwhile at a facility, except during an emergency. b. Cryogenic temperature control systems or hybrid cryogenic temperature control systems, provided that the TRU does not operate underdiesel engine power while at a facility, except during an emergency.

c. Alternative-fueled engines (see definition in subsection (d)). Ifthe engine is a Cl engine, a VDECS is required. Note: Ifthe engine is not a compression ignition diesel fueled engine, this regulation would not apply, but the engine may have to meet other emission standards (e.g. large spark-ignited engine standards if >25 hp). d. Fuel exclusivelywith an alternative diesel fuel (see definition in subsection (d)) that has been verified as a VDECS, provided it is

.used in accordance with the requirements ofsubsection ( e)(2)(A) and the alternative diesel fuel contains no conventional diesel orGARB diesel fuel.


## e: Power byfuel cells. Ifa reformer is used with diesel fuel as the source of hydrocarbons, then emissions must be evaluated and verified through the Verification Procedure Warrantyand In-Use

15 The Engine Certification value for the Ultra-Low Emission TRU category corresponds to the "Long Term"Tier 4 "final" Nonrqad/Offroad Emission Standards that will go into effect in 2012 or2013.
A-13Compliance Requirements forIn-Use Strategies to ControlEmissions from DieselEngines (13CCR section 2700- 2710). f. Equip with any other system approved bythe Executive Officerto not emit diesel PM or increase public health risk while ata facility. (B) In-Use Com.pliance Dateso: In-use compliance dates are based upon the engine MY oreffective MY. except as allowed undersubparagraph (e\(1)(8)5.a.
1. No owner/operator shall operate a 2001 ·and older model year (MY) TRU orTRU gen set engine in California unless it meets the in-use performance criteria set forth in paragraph (e)(1 

### )(A) for

a. LETRU on or before December 31, 2008, and b. ULETRU on or before December 31, 2015, as shown in Tables

### 4.Q and a§.
2. No owner/operator shall operate a 2002 MYTRU orTRU gen set engine in California unless it meets the in-use performance criteria setforth in paragraph (e)(1

### )(A) for

a. LETRU on or before December 31, 2009, and b. ULETRU on 

### or before December 31, 2016, as shown in Tables

### 4.Q and a§. 3. No owner/operatorshall operate a 2003 MYTRU orTRU gen set engine in California unless it meets the in-use performance criteria setforth in subsection (e)(1 )(A)for

a. LETRU on or before December 31, 2010, and b. ULETRU on orbefore December 31. 2017, as shown in Tables 5 and 6. LNoowner/operator shall operate a 2QQ.32004 MY and subsequent MY TRU orTRU gen set engine in California unless it meets the in-use performance criteria setforth in paragraph (e)(1 )(A)for ULETRU on or before December 31st ofthe seventh**~ear** past the lffiitengine's model year, as shown in Tables 

### 4.Q16 and a§_, with the following exception:o

16 Model years 2013 and subsequent (not shown in Table 5 and 6). shallmeet ULETRU by December31"ofthe seventh year afterthe engine model year oreffective model year. except as allowed undersubparagraph (e)(1)(Bl5.
A-14a. Less than 25 hp model year 2004 engines shall meetthe in-use performance criteria setforth in paragraph (e)(1 )(A). shown in Table 5, for: I. LETRU on or before December31, 2011, and
II. ULETRU by December 31, 2018.

Table 4§: <25 HP TRU and TRU Gen Set Engines In-Use Dates

17 Compliance date is December31'1ofthe compliance yearshown. "MY" means model year. Black shaded areas are years with no requirements since in-use compliance year**precede~** model year

. Darkshaded areas without lettercodes have no requirements, pending in-use compliance date. "L" means must meet LETRU in-use r,erformance standards. "U" means must meet ULETRU in-use performance standards. 8 TRUs and TRU gen sets with MY20W.Q engines and subsequent MY engines shall be required to complywith ULETRU requirements bythe end ofthe seventh year afterthe model yearor effective model year, except as allowed under subparagraph (e)(1)(8)5. Tf1e**e>Ese~tieA** te this is :>28 hp 291:J aAd**s"sse~"eAt** medal years, siAse these model years wo"le meet ULE:TRU iA "so perfermaAse staAEiards as ROW eAgiAes.
A-15Table 

### 6.§: ?::25 HP TRU and TRU Gen Set Engines In-Use Dates

5. Requirements forTRUs orTRU gen sets that are equipped with flexibility engines and operated in California.

a. Flexibilityengines installed in TRUs and TRU gen sets manufactured priorto [effective date ofarnendrnents], and operated in California shall meetthe in-use performance standards of subsection (e)(1 )(A) by December 31 51 ofthe seventh year afterthe TRU orTRU gen set engine's manufactureyear instead ofthe effective model year provided the TRU orTRU gen set owner registers the flexibility engine equipped TRU orTRU gen set in ARBER in accordance with subsection (e)(1)(E) by [60 days after the effective date ofthese amendments]. b. To allowTRU and TRU gen setowners to meetthe registration requirements ofsubparagraph (a) above

..the original equibment manufacturershall by [30 days afterthe effective date ofthese amendments]: L Provide the following unit and flexibility engine information to ARB in electronicformat:

19 Compliance date is December31"ofthe compliance year shown. "MY' means model year. Black shaded areas areyears with no requirements since in-use compliance year precedes model year

. Dark shaded areaswithout lettercodes have no requirements, pending in-use compliance date. "L" means must meet LETRU in-use**~erformance** standards. "U" means must meet ULETRU in-use performance standards. 0 TRUs and TRU gen sets with MY 20w:!engines and subsequentMY engines shall be required to comply with ULETRU requirements by the end ofthe seventh yearafterthe model yearoreffective model year, except as allowed undersubparagraph (e)(1)(8)5

.. The m<eeptioA to this is >29 hpTier4 final standards go into effect in 2013 aAEI s"eseq"eAt moEiel yeaFS, siAee these moEiel yeaFSwhich would meet ULETRU in-use performance standards as ROW OA§iAes in the 25 hp to less than 50 hp categorv. Ifengines installed byoriginal equipment ·manufacturers do not meet ULETRU in 2013, then subparagraph (e\(1\!IA\5. applies.
A-16i. TRU orTRU gen set manufacturer; ii. TRU orTRU model name; iii. TRU orTRU gen set serial number; iv. TRU manufacture date; v. Engine manufacturer vi. Engine Family; vii. Engine manufacture year; and viii. Engine serial number; · II. Notifythe TRU orTRU gen set owners in writing that: i. The unit they own is equipped with a flexibility orTPEM engine; and ii. The owner must register the TRU orTRU gen setthat is equipped with a flexibility engine in ARBER by [60 days after the effective date ofamendments];
Ill. Provide directly orthrough its dealers instructions and assistance on registration in ARBER to all owners ofTRUs and TRU gen sets equipped with flexibility engines that request such · help, which shall include specific instructions and assistance that ensures that information entered in ARBER is consistent with what appears on the unit label and engine emissions label. including the model year.

c. The following requirements shall apply to flexibility engines installed in TRUs and TRU gen sets manufactured after [the effective date of the amendments]. and operated in California:
I. The owner ofa TRU orTRU gen setthat is operated in California shall comply with the in-use performance standards setforth in subsection (e

### )(1 )(A) by December 

### 31st ofthe seventh yearafterthe engine's effective model year. II. The original equipment manufacturer shall provide the following. written disclosures to the interested ultimate purchaserofa TRU orTRU gen setthat is equipped with aflexibility engine priorto its sale: i. The TRU orTRU gen set has aflexibility engine that meets a less stringent emissions standard than was in effect atthe time the flexibility engine was manufactured; ii. The effective model year ofthe flexibility engine; iii. Ifthe owner registers the unit in ARBER, the owner must report the effective model year ofthe engine, notthe model year ofengine manufacture, and failure to doso may result in the owner being cited;iv. Ifthe TRU orTRU qen set is operated in California, the ownerwill be responsible ata future date forthe engine meeting the ULETRU in-use standard based on the effective model yearofthe engine, in accordance with subsection (e)(1 )(B). 

### (C) Replacements Due to Failures.

(D)

(E) 

### 1. Ifa VDECS fails within its warranty period, the owner/operatorofthe TRU orTRU gen set must replace it with the same VDECS ora higher verification classification level, ifavailable.
2. If aVDECS fails outside its warranty period and a higherverification classification level VDECS is available, then the owner/operator ofthe TRU orTRU gen set shall upgrade to the highest level VDECS required under paragraphs (e)(1 )(A)1. and (e)(1 )(A)2. that is determined to be cost-effective by the Executive Officer. In-Use Recordkeeping and Reporting. In-use recordkeeping and reporting shall be completed by the operator in accordance with the requirements of subsection (f)(1).
ARB Identification Numbering Requirements. Identification numbers will be issued to help expedite the inspection procedure and prevent shipping delays.
1. California-based TRUs and TRU gen sets:

a. On or before January 31, 2009, owner/operators ofall Californiabased TRUs and TRU gen sets subject to this regulation shall apply for an ARB identification numberfor all California-based TRUs or TRU gen sets operated by the operator by submitting an application that includes the information listed below. I. Operator name, address, and contact information forthe responsible official (e.g. phone number, email address, fax number). II. Owner name, address, and contact information (ifother than operator). 

### Ill. TRU orTRU gen set make, model, model year, and serial number. IV. TRU engine make, model, model year, and serial number.

A-18V. Terminal orterminals that the TRU-equipped truck ortrailer is assigned to, with address and contact information.
VI. Other associated identification numbers, which may include (as applicable):
i. Vehicle Identification Number (VIN) ofthe TRU-equipped truck ortrailer. ii. ·Vehicle license numberofthe TRU-equipped truck or trailer.
iii. Railcar recording mark and car number.
iv. Shipping container number (forTRU-equipped shipping containers only).



### v. Company equipment number (ifany).
VII. Compliance status with paragraph (e)(1 )(A) requirements. If compliance not as-yet required, mark N/A.
i. Date when compliance was achieved.
ii. What performance standard was met (e.g. LETRU or ULETRU).
iii. How compliance was achieved (e.g. new compliant TRU, TRU engine replacement, or description ofVDECS that was used).
iv. Identifywho did the installation work (if applicable). b. Applications shall be submitted by one ofthe following methods:
I. Mail ordelivera physical report to ARB atthe address listed immediately below: California Air Resources Board Stationary Source Division (TRU) 

### P.O. Box 2815 Sacramento, CA 95812
11. Electronically submitthrough ARB's web site. The web address will be identified in an advisory.

c. TRUs and TRU gen sets added to an operator's TRU operations after January 31, 2009 shall be brought into compliance with subsection

A-19(e)(1 )(E). An application shall be submitted to ARB within 30 days of the unit entering the operator's control: I. Requesting an ARB I.D. numberfora newTRU orTRU gen set· thatwas not previously numbered, or II. Requesting a change in owneroroperator (orother pertinent application information) for used equipment that already has an ARB I.D. number. d. Failure to applyorsubmittal offalse information is a violation ofstate law subject to civil penalty.

e. On or before February 1, 2009, the Executive Officer shall begin issuing identification numbersto TRU and TRU gen set operators for each unit based in California for which a complete application has been filed. The numberwill include a 2-digit prefixfor model year (e.g. 2001 model yearwould have a prefix 01); a 6-digit serial number; a check-digit, and a letter indicating compliance status with in-use performance standards (either "L" or"U"). In the eventthat an operator applies for an early compliance certificate in accordance with subsection (e)(1 )(F), ARB will also issue a certificate which acknowledges early compliance per (e)(1 )(F)3. f. Within 30 days of receipt ofthe ARB-issued identification number, owner/operators shall permanently affix or paint the identification numberon the TRU orTRU gen set chassis housing in clear view according to the following specification:
I. The ARB identification numbershall be preceded by the letters "ARB". II. Letters and numbers shall contrast sharply in colorwith the color ofthe background surface on which the letters are placed. · Ill. The location ofthe I.D. number shall be asfollows: i. Truck and trailerTRUs

- both sides ofTRU chassis housing. ii. Rail car and shipping containerTRUs- both sides ofthe TRU.
iii. TRU gen sets- both sides ofgen set housing. IV. Letters and numbers shall be readily legible during daylight hours, from a distance of50 feet (15.24 meters) while unit is stationary.

A-20V. Marking shall be kept maintained in a mannerthat retains the legibility required by the subparagraph immediately above. 

### 2. Non-California-based TRUs and TRU Gen Sets:

a. Operators of non-California-based TRUs and TRU gen sets may voluntarily apply forARB identification numbers forTRUs that are based outside ofCalifornia butoperate within California during the normal course 

### ofbusiness. Non-California-based operators may voluntarily submit the same application information listed above in subparagraph (e)(1)(E)1.a., above, using the same methods of submittal listed in subparagraph (e)(1)(e)1.b., above. Upon application approval, ARB would issue identification numbers to the operator in accordance with subparagraph (e)(1 )(E)1.e., above. The non-California-based operatorwould then permanently affix or paint the identification number on the TRU orTRU gen set chassis in clear view, in accordance with (e)(1 )(E)1.f., above.

·(F) Early Compliance with LETRU In-Use Performance Standards.
1. For 

### 2002 and older MYTRU and TRU gen set engines, operators or owners that meetthe LETRU in-use performance standard earlier than required in paragraP.h (e)(1)(B) mayapply to the Executive Officerfor a delay in the ULETRU in-use performance standard. Except as provided below, early compliance would be achieved through any ofthe options available in paragraph (e)(1)(A). a. This delaywould not be available to the operator or owner ifthe engine manufacturer ofthe replacement engine is using the early compliance with engine emissions standards in U.S. EPA's Averaging, Banking, and Trading Program (or California's equivalent program).
b. Earlycompliance is .conditioned upon real emission reductions (refer to definition in sub section (d)) occurring earlierthan the applicable compliance deadline.

c. This delay may not be available to the operator or owner if public funds were used for early compliance. The applicant shall disClose whether public funds were used for any portion ofearly compliance and what program the funding came from. 

### 2. Early LETRU compliance with real emission reductions would allow specific units to delay compliance with ULETRU in-use performance standards by up to three years, according to the rounding conventions and examples listed below.

A-21a. Each year ofearly compliance with the LETRU in-use performance standards would be rewarded with 1yeardelay in the ULETRU inuse performance standard. 

### I. One full year early compliance qualifies for one full year delay in meeting ULETRU compliance.
II. Two full years earlycompliance qualifiesfortwo full years delay in meeting ULETRU compliance. Ill. Three full years early compliance qualifies forthree full years delay in meeting ULETRU compliance. b. A partial year ofearly LETRU compliance would be rounded to the nearestfull yearforthe delayed ULETRU requirements.
I. Early LETRU compliance of 183 days or more in a calendaryear would count toward a one year ULETRU delay. II. Early LETRU compliance of 182 days or less in a calendaryear would not counttoward a ULETRU delay.
3. Upon receipt ofan application to delay ULETRU compliance, the Executive Officer shall determine ifthe application demonstrates early compliance with LETRU in-use performance standards in accordance with subsection (e)(1 )(F)1., and ifthe application is approved, shall delay the in-use ULETRU compliance date for specific TRUs and TRU gen sets operating in California in accordance with subparagraph (e)(1 )(F)2.
4. Upon approval ofthe application, ARB shall issue a certificate and ARB identification number in accordance with subsection (e)(1 )(E)1.e. which

. acknowledges early compliance with LETRU requirements and discloses the numberofyears delay granted, and resulting ULETRU compliance date.
5. The operatorshall maintain a legible copyofthe certificate in a watertight sleeve mounted inside the TRU orTRU gen set chassis housing. The operatorshall paint the identification number in clearview in accordance with subsection (e)(1 )(E)1.f. on the specific TRU orTRU gen setthatwas granted the compliance extension. (2) Fuel Requirements. (A) Operators Choosingto Use Alternative Diesel Fuels. Operators choosing to use alternative diesel fuels in compression ignition TRU and TRU gen set engines to meetthe requirements ofsubsection (e)(1) shall:

A-221. Maintain records in accordance with subsection (f)(1 )(B) ofthis regulation.
2. Use onlyfuel that is a VDECS alternative diesel fuel that contains no conventional diesel orGARB diesel fuel in TRUs orTRU gen sets operated in California.
3. Permanently affix a label in clearview nearthe fill spout that identifies the properfuel that is required to be in compliance.
4. In the event that the operator decides to revert to using conventional diesel or GARB diesel fuel, the operator shall complywith the requirements ofsubsection (e)(1) within 10 days ofdiscontinuation of alternative diesel fuel use. Within 10 days of discontinuation, the operator shall notify the Executive Officer in writing ofthis change in fuel use and shall include an update to any ARB 

### 1.0. number application or annual report submitted to complywith subsections (e)(1 )(E), (e)(1 )(F), or (f)(1). (B) Operators that RetrofitTRUs orTRU Gen Sets with aVDECS. Operators that retrofit TRUs orTRU gen sets with a VDECS that requires certain fuel properties to be met in orderto achieve the required PM reduction or PM emissions shall onlyfuel the subjectTRU orTRU gen set with fuel that meets these specifications when operating in the state of California. In addition, operators that choose a VDECS that requires certain fuel properties to be met in orderto prevent damage to the VDECS oran increase in toxic air contaminants, other harmful compounds, or in the nature ofthe emitted PM shall only fuel the subjectTRU orTRU gen setwith fuel that meets these specifications. (f) Monitoring, Recordkeeping, and Reporting Requirements. (1) TRU and TRU Gen SetOperator Recordkeeping and Reporting. (A) Operator Reporting. 1. All operators subject to this regulation shall submit an Operator Report to ARB by January 31, 2009 that shall include the following information:

a. Operator name, address, and contact information for the responsible official (phone number, email address, fax number). b. List ofall terminals owned or leased by the operator located within California, with address, phone number, and terminal contact name.

A-23c: TRU and TRU gen set inventory information for each TRUand TRU gen set based in California that is owned or leased bythe operator: 

### I. TRU orgen set make, model, model year, and serial number. 

### H. TRU owner, and ifotherthan operator, owner name, address, and contact. Ill. Engine make, model, model year, and serial number. IV. Terminal(s) that the TRU is assigned to. V. ARB TRU orTRU gen set identification number, ifalready issued. Ifthe ARB identification number has not been issued or there has been a change in the other identification numbers listed below since the prior annual report, then provide the following identification numbers (as applicable):
i. Vehicle Identification Number. ii. Vehicle license number. iii. Railcar recording mark and car number. iv. Shipping container number (forTRU-equipped shipping containers only).

v. Company equipment number. VI. Compliance status with**paragr;:~ph** (e)(1 )(A) requirements.
2. The Operator Reportshall be updated within 30 days when changes to any ofthe above operator information occur.

a. Operator Reports shall be submitted by one ofthe following methods: 

### I. Mail ordeliver a physical reportto ARB atthe address listed immediately below: · California Air Resources Board Stationary Source Division (TRU) P.O. Box 2815 Sacramento, CA 95812 

### II. Electronically submit through ARB's web site. The web address will be identified in an advisory

.

.A-243. Failure to report orsubmittal offalse information is a violation ofstate law subjectto civil penalty. 

### (B) Alternative Diesel Fuel Use and Fuel Additive Recordkeeping and Reporting.
1. Operators that choose a compliance pathway that involves the use of alternative diesel fuel in accordance with subparagraph (e)(1 )(A)3.d. (e.g. B100 biodiesel fuel or ultra-low-aromatic synthetic diesel fuel) and/or a VDECS that includes the use ofa fuel additive (e.g. fuel-borne catalyst) shall maintain records that document exclusive use ofthe chosenfuel or additive for each affected Cl engine.and hours of operation. Appropriate records would be copies of receipts or invoices of

. appropriate fuel and/orfuel additive and daily operating hour logs.
2. Records shall be kept availablefor a minimum ofthree (3) years and shall be compiled and made available to the ARB upon request 3. Failure to keep records or submittal offalse information is a violation of state law subject to civil penalty. (2) Facility Monitoring, Recordkeeping, and Reporting. (A) Facility Reporting. All facilities subject to this subsection shall submit a Facility Report to ARB by January 31; 2006, containing the following information, as of December31, 2005: 1.' Contact information for the facility's responsible officiaL
2. Provide all North American Industrial Classification System codes (NAICS) applicable to the facility.
3. The number ofloading dock doors serving refrigerated storage space. 4. The number ofsquare feet ofrefrigerated storage space. 5. The numberofTRUs orTRU gen sets underfacility control by model year and horsepower category. 6. The number of refrigerated trucks, trailers, shipping containers, or railcars leased or rented.
7. The total annual TRU engine operating hours for all TRUs orTRU gen sets underfacility control during 2005 (e.g. total TRU engine operating time for both on-road and off-road operations).

A-258. The average weekly numberof inbound refrigerated trucks, trailers, shipping containers, and railcars delivering goodsto the facility during 2005, calculated by dividing the annual total inbound refrigerated loads by 52.


### 9. The average weekly number ofoutbound refrigerated trucks, trailers, shipping containers and railcars delivering goodsfrom the facility during 2005, calculated by dividing the annual total outbound refrigerated loads by52.
10. The average total number of hours perweek that outbound TRU orTRU gen set engines operate while atthe facility during 2005. Average TRU orTRU gen set engine operating time atfacility foroutbound refrigerated loads may be used ifthe result is representative ofthe outbound TRU or TRU gen set operations atfacilities, as determined bythe Executive Officer. Average values would be determined for outbound loads based on recordkeeping, conducted in accordance with subparagraph (f)(2)(B)2., arid applied to the total annual number of refrigerated outbound loads, and then weekly averages calculated asfollows: Average TRU orTRU gen set engine operating time peroutbound refrigerated load multiplied bythe total annual numberofoutbound loads, divided by 52 weeks equals the average total number of hours per weekthat outbound TRU orTRU gen set engines operate while at the facility.
11. The average total number of hours perweek that inbound TRU orTRU gen set engines operate while atthe facility during 2005. Average TRU orTRU gen set engine operating time atfacility for inbound refrigerated loads may be used ifthe result is representative ofthe inbound TRU or TRU gen set operations atfacilities, as determined bythe Executive Officer. Average values would be determined for inbound loads based on recordkeeping, conducted in accordancewith subparagraph (f)(2)(B)2., and applied to the total annual numberof refrigerated inbound loads, and then weekly averages calculated as follows: Average TRU or TRU gen set engine operating time per inbound refrigerated load multiplied bythe total annual number of inbound loads, divided by 52 weeks equals the average total numberofhours perweek that inbound TRU orTRU gen set engines operate while atthe facility.
12. The number ofrefrigerated trailers (as defined) that are used atthe facility for cold storage, the total annual numberof hours ofTRU engine operation associated with these refrigerated trailers, and the total annual numberof hours ofoperation using electric standby associated with these refrigerated trailers.

A-26(B) Recordkeeping.
1. Recordkeeping that substantiates the information reported in the Facility Report shall be maintained and shall be compiled and made available to State inspectors upon requestfor a minimum ofthree (3) years. 2. The Executive Officer mayapprove alternative recordkeeping and calculation procedures for determining the average weekly hours ofTRU engine operation at a facility for inbound and outbound refrigerated loads, provided the Executive Officerfinds thatthe alternative procedures meet the intent ofsubparagraph (f)(2). (C) Facility Report Submittals. Facility Reports shall be submitted by one of the following methods:
1. Mail or deliver a physical reportto ARB.at the address listed immediately below: California Air Resources Board Stationary Source Division (TRU) P.O. Box 2815 Sacramento, CA 95812
2. Electronically submit through ARB's web site. The web address will be identified in an advisory. (D) Failureto report orsubmittal offalse information. Failure to report or submittaloffalse information is a violation ofstate law subjectto civil penalty. (3) Original Equipment Manufacturer Reporting (A)Current Production Reports: Beginning [30 days afterthe effective date ofthe

· amendment], and by Januarv 1st and June 30th ofeach calendaryear thereafter. TRU and TRU gen set original equipment manufacturers shall provide to ARB the information listed belowforall TRUs and TRU gen sets thatwill be manufactured and marketed for sale in the following markets: California, United States. Canada, and Mexico. The following data shall be provided forTRUs and TRU gen sets that will be produced during the six-month period following the report due datefor each market area: 1. TRU orTRU qenset manufacturerand model name. as it appears on the unitlabel; and
2. The following engine information for each TRU orTRU gen set model:

A-27a. Engine manufacturer; b. Engine model. as it appears on the engine emissions label; c. Engine model. as it appears on the serial number label. ifdifferent; d. Engine Family; e. Rated horsepowerand rated speed; f. Displacement (liters); g. Exhaust Emissions Control System h. Tierstandard met 

### i. ARB's Executive Orderthatthe engines are manufactured under 3. Current Production Reports shall be submitted by one ofthe following methods:

a. Mail or deliver a physical report in electronicformat to ARB at the address listed immediately below: California Air Resources Board Stationarv Source Division (TRU) 1

001 I Street Sacramento, CA 95814 · b. Electronically submit toARB's TRU Program via email at: tru@arb.ca.qov
4. Original equipment manufacturers that produce less than 100 TRUs or TRU qen sets per calendaryear may submit Current Production Year. Reports within ten days of installing the first engine in a production run of a new model. (B) Prior Production Reports:
1 . Prior unit and engine data. TRU and TRU qen set original equipment manufacturers shall:

a. By [30 days afterthe effective date ofthis amendment], provide a production report to ARB with the information listed below in subparagraph 3forthe previous five calendaryearsforeach TRU or TRU qen set produced for sale in California, North America, Canada. and Mexico; or b. Ifthe TRU orTRU qen set original equipment manufacturerelects not to provide the ·information in subparagraph (f)(3)(B)1.a

.. then within 30 days ofany requestfrom ARB, the TRU orTRU qen setoriginal equipment manufacturershall provide a production report to ARB with the information listed below in subparagraph 3 forthe unit and engine serial numbers provided in ARB's request.

A-282. Monthly production reports. TRU and TRU gen setoriginal equipment manufacturers shall either:

a. Beginning [30 days afterthe effective date ofthis amendment]. provide by the 15th ofeach calendar month, a monthly production report to ARB with the information listed below in subparagraph 3 for the previous calendar month for each TRU orTRU gen set produced for sale in California. North America. Canada. and Mexico; or b. As an alternative, the TRU orTRU gen set original equipment manufacturer may request reporting that is equivalent to and at least as effective as subparagraph (f)(3)(B)2.a., immediately above. subject to Executive Officer approval.
3. Original equipment manufacturers shall provide the following information for each TRU and TRU gen set: a. TRU orTRU gen set model name. as it appears on the unit label b. TRU orTRU gen set serial number c. Engine manufacturer d. Engine model, as it appears on the engine emissions label e. Engine model. as it appears on the serial number label, ifdifferent; f. Engine Family g. Engine serial number h. Rated horsepower and rated speed 

### i. Tier standard met
4. Prior Production Reports and Flexibility Engine Reports shall be submitted on CD or DVD to: California Air Resources Board Stationarv Source Division (TRU) 1001 I Street Sacramento. CA 95814 (C)Confidentiality ofcurrent and prior production reports. TRU and TRU gen set original equipment manufacturers may designate current and prior production report information as confidential ortrade secret. and such information will be handled in accordance with title 17. CCR, section 91000. 

### (g) Prohibitions. (1) No person who is engaged in this State in the business ofselling to an ultimate purchaser, or renting or leasing new or used TRUs orTRU gen sets, including, but not limited to, manufacturers, distributors, and dealers, shall intentionally or negligently import, deliver, purchase, receive, or otherwise acquire a new or

A-29used TRU orTRU gen set engine that does not meetthe performance requirements oralternatives setforth in section (e)(1) above. (2) No person who is engaged in this State in the business ofselling to an ultimate purchaser new or used TRU orTRU gen set engines, including, but not limited to, manufacturers, distributors, and dealers, shall sell, orofferto sell, to an ultimate purchaserwho is a residentofthis State ora person that could reasonably be expected to dobusiness in this State a new or used TRUorTRU gen set engine thatdoes not meet the performance requirements oralternatives setforth in section (e)(1) above. (3) No person who is engaged in this State in the business of renting or leasing newor used TRU orTRU gen set engines, including, but not limited to, manufacturers, distributors, and dealers, shall lease, offerto lease, rent, oroffer to rent, in this state any new or used TRU orTRU gen set engine that does not meet the performance requirements oralternatives setforth in section (e)(1) above. (4) Operators ofaffected facilities and operators ofaffected TRUs and TRU gen sets are prohibited from taking action to divert affected TRUs to alternative staging areas in orderto circumvent the requirements ofthis section. (h) Penalties. (1) All persons, as defined in section 19 ofthe Health and Safety Code, found to be in violation oftitle 13, CCR, section 2477 may be cited and subject to the penalty provisions setforth in Health and Safety Code sections 39674, 39675, 42400 etseq., 42402 etseq., and 42410.

NOTE: Authority cited: sections39600, 39601, 39618,39658,39659,39666, 39667, 39674, 39675, 42400 et seq."42400.1, 42400.2, 42400.3.5, 42402 et seq., 42402.2, 42410, 43013, 43018, California Health and Safety Code. Reference: sections 39618, 39650,39658,39659,39666,39667,39674,39675,42400"etseq.42400.1,42400.2, 42400.3.5, 42402 et seq., 42402.2, 42410, 40717.9, 43013, and 43018.

A-30