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State of California 

AIR RESOURCES BOARD 

Notice of Public Availability of Modified Text and 

Availability of Additional Documents 

PUBLIC HEARING TO CONSIDER ADOPTING THE REGULATION FOR MOBILE 

CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS 

Public Hearing Date: December 8, 2005 

Public Availability of Modified Text Date: May 18, 2006 

 Deadline for Public Comment: June 2, 2006 

At its December 8, 2005, public hearing, the Air Resources Board (Board or ARB) 

approved the adoption of section 2479, title 13, California Code of Regulations (CCR). 

The approved section 2479 is a regulation for mobile cargo handling equipment at ports 

and intermodal rail yards. 

The proposed regulation for Mobile Cargo Handling Equipment at Ports and Intermodal 

Rail Yards is designed to use the best available control technology (BACT) to reduce 

the general public’s exposure to diesel particulate matter and oxides of nitrogen 

emissions from mobile cargo handling equipment at ports and intermodal rail yards. 

The regulation supports the Risk Reduction Plan to Reduce Particulate Matter 

Emissions from Diesel-Fueled Engines and Vehicles, which was approved by the Board 

on September 30, 2000. 

The Board’s Action

At the December 8, 2005, hearing, the Board adopted Resolution 05-62 (appended to 

this notice as Attachment 1), approving the adoption of the regulation with modifications. 

In the Resolution, the Board directed the Executive Officer to incorporate the approved 

modifications into the proposed regulatory text, along with such other conforming 

modifications as may be appropriate, and to make such modifications available for a 

supplemental comment period of at least 15 days. 

Modified Text Being Made Available

At the Board’s direction, staff worked with members of the affected industries and 

associations to develop the proposed modifications. A discussion of the proposed 

modifications is provided below. The proposed regulatory text, including staff’s 

proposed modifications, is appended to this notice as Attachment 2. Additions to the 

initially noticed regulatory text are denoted by underline and deletions by strikeout. 

Board Resolution 05-62 and the revised regulatory text, as provided in Attachment 2, 

may be downloaded from ARB’s Internet website at the following address: 

http://www.arb.ca.gov/regact/cargo2005/cargo2005.htm. If you would like a hardcopy of 
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Attachment 2 sent to you through postal mail, please call Ms. Linda Keifer at 

(916) 327-1505 and give your name, company name, if any, and mailing address. 

Summary of Proposed Modifications

As a result of public comments and testimony received prior to and during the 

December 8, 2005 hearing, the Board directed staff to propose changes to the 

regulation that would primarily allow for public comment during the Alternative 

Compliance Plan application process and address the Department of Defense’s 

concerns regarding military tactical support equipment. In addition, staff has proposed 

changes that would clarify specific provisions of the regulation and correct clerical 

errors. 

The following is a summary of the proposed substantive modifications and staff’s 

rationale for making them: 

Title 13, CCR, Section 2479(c) Exemptions 

Military Tactical Support Cargo Handling Equipment: At the Board’s direction, staff 

added an exemption for military tactical support cargo handing equipment. 

Title 13, CCR, Section 2479(d) Definitions 

Alternative Diesel Fuel: Staff modified this definition relative to the inclusion of 

biodiesel to be consistent with the treatment of certain biodiesel blends meeting the 

definition of CARB diesel fuel. 

California Air Resources Board (CARB) Diesel Fuel: Staff added this definition to 

support the existing fuel requirements of the regulation. 

Cargo Handling Equipment: Staff modified this definition to clarify the inclusion of 

maintenance equipment that is used routinely or for predictable process upsets. 

Contiguous Properties: Staff added this definition to support the revised definition for 

port. 

Intermodal Rail Yard: Staff modified the definition to include additional clarification, 

since the previous definition could have been interpreted to include intermodal 

distribution centers, which was not the intent. 

Military Tactical Support Cargo Handling Equipment: Staff added this definition as 

part of the new exemption for military tactical support cargo handling equipment (see 

above). 

Ocean-going Vessel: Staff added this definition as part of the revised definition for 

port. 
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Port: Staff revised this definition to clarify the inclusion of military terminals and docks 

that are part of, or on contiguous properties with, non-military terminals and docks. 

Terminal: Staff modified this definition to include facilities owned and/or operated by 

the Department of Defense. 

Top Handler or Top Pick: Staff modified this definition to correct a clerical error. 

Verification Procedure: Staff modified this definition to correct a clerical error. 

Title 13, CCR, Section 2479(e) Requirements 

In-Use Performance Standards for Yard Trucks: Compliance Schedules for In-Use 

Yard Trucks. Staff modified the date used to determine the percentage of yard trucks 

that must meet the requirements for each compliance deadline. The percentage will be 

determined based on the total population of yard trucks for a specific model year or 

model year group that exist in the owner’s or operator’s fleet as of January 1 of the first 

compliance deadline year for that model year or model year group. This change allows 

for early compliance without penalty and is consistent with staff’s original intent. 

In-Use Performance Standards for Non-Yard Truck Mobile Cargo Handling 

Equipment: Compliance Option for Basic Container Handling Equipment, Bulk 

Cargo Handling Equipment, and Rubber-tired Gantry Cranes. Staff modified the 

text for compliance option (c) for each equipment type to correct a clerical error, which 

had omitted pre-Tier 1 engines. 

In-Use Performance Standards for Non-Yard Truck Mobile Cargo Handling 

Equipment: Compliance Schedule for Non-Yard Truck Mobile Cargo Handling 

Equipment. Staff modified the date used to determine the percentage of equipment 

that must meet the requirements for each compliance deadline. The percentage will be 

determined based on the total population of non-yard truck equipment for a specific 

model year or model year group that exist in the owner’s or operator’s fleet as of 

January 1 of the first compliance deadline year for that model year or model year group. 

This change allows for early compliance without penalty and is consistent with staff’s 

original intent. 

Title 13, CCR, Section 2479(h) Alternative Compliance Plan for Non-Yard Truck 

Cargo Handling Equipment

Requirements. At the Board’s direction, staff modified the alternative compliance plan 

(ACP) language to make it clear that qualifying equipment must be located at the same 

port or intermodal rail yard to which the ACP applies and cannot be included in more 

than one ACP. 

Application Process. Numerous modifications were made to the ACP Application 

Process in the original proposal to address the Board’s directive to require the ACP to 
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include provisions for public comment. Under the proposed modifications, all 

documents pertaining to ACP applications will be made available for public review. In 

addition, two separate public comment periods will be provided during the application 

process. The first will be provided after the Executive Officer has deemed the 

application to be “complete.” The second will be provided after the Executive Officer 

proposes to approve or disapprove the application. This comment period will allow the 

public to comment on the proposed decision by the Executive Officer before final action 

is taken, as well as a second opportunity to comment on the application. 

Revocation or Modification of Approved ACPs. This provision was added to enable 

the Executive Officer to revoke or modify an ACP if there have been violations to the 

ACP, or if the Executive Officer has reason to believe that the applicant no longer meets 

the criteria for an ACP. 

Title 13, CCR, Sections 2479(j) Reporting Requirements 

Demonstration of Compliance. This paragraph was revised to clarify that the 

Demonstration of Compliance pertains to each in-use cargo handling equipment engine 

or vehicle subject to the requirements of subsection (e). 

Annual Reporting. This paragraph was revised to require annual reporting of the 

population (number) of equipment in each yard truck model year group and each nonyard truck model year group in order to determine compliance percentage requirements. 

Supporting Documents and Information. In accordance with Government Code 

section 11347.1, staff has added to the rulemaking record the following documents, 

which are incorporated by reference in the regulation: 

Diesel Particulate Matter Exposure Assessment Study for the Ports of Los Angeles 

and Long Beach 

The document cited above is the final version of the draft document included as 

Appendix C in the Initial Statement of Reasons (Staff Report). 

By this notice, the modified regulation and additional documents and information are 

being made available for public comment prior to the final action by the Board’s 

Executive Officer. All of the documents referenced above are available for public 

inspection at ARB’s Internet website at the following address: 

http://www.arb.ca.gov/regact/cargo2005/cargo2005.htm, or from the Public Information 

Office, Air Resources Board, 1001 I Street, Visitors and Environmental Services Center, 

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st Floor, Sacramento, California, 95814. 

Comments and Subsequent Action

In accordance with section 11346.8 of the Government Code, the Board directed the 

Executive Officer to adopt section 2479, title 13, CCR after making the modified 
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regulatory language available to the public for a supplemental written comment period 

of at least 15 days. The Board further provided that the Executive Officer shall consider 

such written comments as may be submitted during this period, shall make such 

modifications as may be appropriate in light of comments received, and shall present 

the regulations to the Board for further consideration if she determines that this is 

warranted. 

Written comments on the modifications approved by the Board must be submitted by 

postal mail, electronic mail, or facsimile as follows: 

 Postal mail is to be sent to: 

 Clerk of the Board 

 Air Resources Board 

 1001 “I” Street, 23rd Floor 

 Sacramento, California 95814 

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

 Facsimile submissions are to be transmitted to the Clerk of the Board at 

(916) 322-3928. 

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

ARB in one of the three 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 modifications to the text of the regulation and other information 

made available by this notice shall be considered by the Executive Officer. 

Attachments