1 ATTACHMENT 2

Proposed Modified Regulatory La nguage for 15-day Comment Period

REGULATION TO CONTROL EMI SSIONS FROM IN-USE ON-ROAD

DIESEL-FUELED HEAVY-DUTY DRAYAGE TRUCKS

Note: This document shows the modifications to the originally proposed modifications

for the In-Use On-Road Diesel-Fueled Heav y-Duty Drayage Truck Regulation, which was released to the public on October 28, 2010. The modifications to the Drayage Truck regulation made public dur ing the 45-day comment peri od are shown in strikeout to indicate proposed deletions and underline to indicate proposed additions to the California Code of Regulatio ns. All additions proposed for the 15-day comment period are shown by double underline a nd all deletions are shown by double strikethrough. Text that is both single underlined and double stru ck through is text t hat staff proposed during the 45 day comment period but la ter modified as part of these 15-Day

modifications.

Modified Regulation Order

§ 2027. In-Use On-Road Diesel-Fueled H eavy-Duty Drayage Trucks.

(a) Purpose. The purpose of this regulation is to reduce emissions and public exposure to diesel particulate matter (diesel PM), oxides of nitrogen (NOx), and other air contaminants by setting emission standar ds for in-use, heavy-duty diesel-fueled vehicles that transport cargo to and from Ca lifornia's ports and intermodal rail facilities.

(b) Applicability. This section shall apply to entities listed below through December 31, 2022 2016. Starting January 1, 2023 2017, drayage trucks are subject to the provisions of title 13, Ca lifornia Code of Regulations, section 2025, the Regulation to

Reduce “Emissions of Diesel Particulate Matte r, Oxides of Nitrogen and Other Criteria Pollutants from In-Use Heavy Duty Diesel-Fueled Vehicles (Truck and Bus Regulation).”, which requires that all not other wise exempt in-use on-road diesel vehicles, including drayage trucks, have a 2010 model year emissions equivalent engine by January 1, 2023.

(1) This regulation applies to owners and operators of on-r oad diesel-fueled,

alternative diesel-fueled and dual-f ueled heavy-duty drayage trucks that operateed at in California, ports and intermodal rail yard facilities. This regulation also applies to , "motor ca rriers” that dispatch dray age trucks that operate in California, "marine or port terminals," "intermodal rail yards," and "rail yard and port authorities,"

(2) This regulation does not apply to:2 (A) dedicated use vehicles;

(B) vehicles operating under an AR B authorized emergency decree;

(C) authorized emergency vehicles;

(D) military tactical support vehicles;

(E) vehicles that operate at port or in termodal rail yard properties in which the ARB Executive Officer has gr anted an annual exemption under the provisions of subsection (f) to lo cal port or rail yard authorities; and

(F) yard trucks.

(c) Definitions. For purposes of this section, the definitions of Health and Safety Code section 39010 through 39060 apply except to the extent that such definitions may be modified by the following defin itions that apply specifical ly to this regulation.

(1) "Alternative Diesel Fuel" means any f uel used in diesel engines that is not a

reformulated diesel fuel as defined in sections 2281 and 2282 of title 13, of the California Code of Regulations, and does not require engine or fuel system modifications for the engine to operate, other than minor modifications (e.g., recalibration of the engine fuel co ntrol) that may enhance performance. Examples of alternative diesel fuels in clude, but are not lim ited to, biodiesel, Fischer-Trosch fuels, and emulsions of water in diesel fuel. Natural gas is not an

alternative diesel fuel. An emission cont rol strategy using a fuel additive will be

treated as an alternative diesel fuel based strategy unless:

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

(Bb) the additive is directly mixed into the base fuel inside the fuel tank of the engine, or

(C) the additive and base fuel ar e not mixed until engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine or vehicle.

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

(3) "ARB Designees" are defined as t hose entities that ARB designates or contracts with to perform certain functi ons or provide specific services on its behalf under this regulation.

(4) "Authorized Emergency Vehicle" is as defined in Vehicle Code section 165.3 (5) "Average Daily Drayage Truck Visit s" is determined by dividing the total

number of truck visits withi n a calendar month by the total number of intermodal rail yard open days for that same calendar month as represented by the following equation:

( Total number of truck visits Total number of intermodal rail yard open days = Average daily truck count )

Where:

(A) a 'truck visit' is defined as each occurrence of a drayage truck transgressing from outside inte rmodal rail yard property onto intermodal rail yard property; and,

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

(6) "Beneficial Cargo Owner" is a cargo owner, the person for whose account the ocean or rail transportation is provided, t he person to whom delivery is to be made, a shippers' association, or an ocean or rail transportation intermediary that accepts responsibility for payment of all applicable charges.

(7) "Bill of Lading" is a document that stat es the terms of t he contract between a shipper and a transportation company. It se rves as a document of title of the goods shipped, a contract of carriage, and a receipt for goods.

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

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

(10) "Compression Ignition Engine" means an internal combustion engine with operating characteristics significantly sim ilar to the theoretical diesel combustion cycle. The regulation of power by controlling fuel supply in lieu of a throttle is indicative of a comp ression ignition engine.

(11) "Dedicated Use Vehicles" are uni-body vehicles that do not have separate

tractor and trailers and include but are not limited to:

(A) Dedicated auto transports;

(B) Dedicated fuel delivery vehicles;4 (C) Concrete mixers;

(D) On-road mobile cranes

(12) "Diesel Fuel" means any fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel, including any mixture of primarily liquid hydrocarbons (HC) - organic com pounds consisting exclusively of the elements carbon and hydrogen - that is sold or represented by the supplier as

suitable for use in an internal combusti on, compression - i gnition (CI) engine.

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

(14) "Diesel particulate matter (diesel PM)" means the particles found in the exhaust of diesel-fueled compressi on ignition engines. Diesel PM may agglomerate and adsorb other species to fo rm structures of complex physical and chemical properties. ARB has identified diesel PM as a toxic air contaminant.

(15) "Drayage Truck" means any in-use on-road vehicle with a gross vehicle weight rating (GVWR) gr eater than 33,000 pounds operating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloading or transporting cargo, such as cont ainerized, bulk or break-bulk goods.

(15) "Drayage Truck" means any in-use on-road vehicle with a gross vehicle weight rating (GVWR) great er than 26,000 pounds that pulls a trailer or chassis that is used for transporting cargo, such as containerized, bulk, or break-bulk goods, that operates:

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

or,

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

Drayage trucks are not:

(C) Vehicles operating off of port or intermodal rail yard properties that transport cargos that have originated from a port or rail yard property but have been off-loaded from the equipment (e .g., a trailer or container) that transported the cargo fr om the originating po rt or rail yard;

or5 (D) Vehicles operating off of port or intermodal rail yard properties that transport cargos that ar e destined for a port or rail yard but which the cargos are to will be subsequently tr ansferred into or onto different equipment (e.g., a trailer or containe r) before being delivered to a port or intermodal rail yard.

(16) "Drayage Truck Owner" means:

(A) the person registered as the owner of a drayage truck as shown by the Department of Motor Vehicles, or its equivalent in another state, province, or country; or the Inter national Registration Plan.

or

(B) the lessee of the truck, as indi cated on the drayage truck's registration pursuant to Vehicle Code section 4453.5.

(17) "Drayage Truck Operator" means the driver of the vehi cle or any person, party or entity that controls the operat ion of a drayage truck at a port or intermodal rail yard facility.

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

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

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

(20) "DTR Compliant" means that a dray age truck is currently compliant with the requirements of the regulation, incl uding the requirements for the DTR and

emission standards.

(21) "Dual-Fuel Engine" means any compression ignition engine that is engineered and designed to operat e on a combination of alternative fuels, such as compressed natural gas (CNG) or li quefied petroleum gas (LPG) and diesel

fuel or an alternative diesel fuel. T hese engines have two separate fuel systems, which inject both fuels simultaneously into the engine combustion chamber. A dual-fuel engine is not an al ternative-fuel engine.

(22) "Emergency Event" means any situation arising from sudden and reasonably unforeseen natural disaster such as earthquake, flood, fire, or other acts of God, or other unforeseen ev ents beyond the control of drayage truck owners and operators t hat threatens public health and safety or the reasonable flow of goods movement.6 (23) "Emergency Decree" means a determinat ion by the Executive Officer that an emergency event has occurred that requi res the immediate temporary operation of drayage trucks at ports and intermodal rail yard facilities.

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

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

Section 350.

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

(27) "Intermodal Rail Yard" is any rail facility owned or operated by a Class I railroad where cargo is transferred from dr ayage truck to train or vice-versa that:

(A) is within 80 miles of a port;

or,

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

one calendar month.

Once a rail yard, identified in (B) above, has 100 or more average daily drayage truck visits in any one m onth, the rail yard will be considered an intermodal rail yard and will be subject to all provisions of this regulation regardless of the size number of future average daily drayage tru ck visits. Intermodal rail yards include, but are not limited to, the following fa cilities: Union Pacific (UP) Oakland, Burlington Northern Santa Fe (BNSF) H obart, LATC Union Pacific, Commerce UP, Richmond BNSF, Commerce Easter n BNSF, ICTF UP, BNSF San Bernardino, Stockton Intermodal BNSF , Lathrop Intermodal UP, and BNSF

Oakland.

(28) "International Registration Plan" is a registration reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of tota l distance operated in all jurisdictions.

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

(30) "Liquid Natural Gas (LNG) Fueled Trucks" are drayage tr ucks that utilize a heavy-duty pilot ignition engine that is designed to operate using an alternative fuel, except that diesel fuel is used for pilot ignition at an average ratio of no more than one part diesel fuel to ten parts tota l fuel on any energy equivalent basis. An engine that can operate or idle solely on diesel fuel at any time does not meet

this definition.7 (31) "Marine or Port Terminals" means wharves, bulkheads, quays, piers, docks and other berthing locations and adjac ent storage or adjacent areas and

structures associated with the primary movement of cargo or materials from

vessel to shore or shore to vessel incl uding structures which are devoted to receiving, handling, holding, consolidating and loading or delivery of waterborne shipments or passengers, including areas devoted to the maintenance of the terminal or equipment. For the purposes of this regulation, the term includes but is not limited to production or manu facturing areas, warehouses, storage facilities, and private or public busine sses or entities located on or surrounded by port property.

(32) "Military Tactical Support Vehicles" is as defined in title 13, CCR, section

1905.

(33) "Motor Carrier" is a business inte rmediary that contra cts with beneficial cargo owners, ship companies, port terminals or Class I railroads, and with owners and operators of dray age trucks that owners whom it dispatches for pickup and delivery of goods and with drayage tr uck owners, who it dispatches to

that are destined for or or iginated from ports and/or intermodal rail yards to pick up and deliver such goods.

(34) "On-road" means a vehicle that is designed to be driven on public highways and roadways and that is registered or is capable of being registered by the California Department of Motor Vehicl es (DMV) under Vehicle Code sections 4000 et seq. - or DMV's equiva lent in another state, province, or country; or the International Registration Plan. A vehicl e covered under ARB's In-Use Off-Road Regulation, title 13, CCR, sect ion 2449 is not an on-road vehicle.

(35) "Oxides of nitrogen (NOx)" means compounds of nitric oxide, nitrogen dioxide, and other oxides of nitrogen. Nitrogen oxides are typically created during combustion processes and are major cont ributors to smog formation and acid deposition.

(36) "Port" is the port property wher e marine and port terminals are typically located for the loading and unloading of water-borne commerce onto and from ocean-going vessels. For purposes of this regulation, port does not include port property that is not related to or primarily used to engage in water-borne commerce. Ports covered by this regulat ion include, but are not limited to, the Port of Long Beach, Port of Los Angeles , Port of Humboldt Bay, Port of San Diego, Port of Hueneme, Port of Oakl and, Port of San Francisco, Port of Sacramento, Port of Stockton, Port of R edwood City, Port of Crockett, Port of Richmond, Port of Pittsburg, and the Port of Benicia.

(37) "Port Authority" means those entities, either public or private, that are responsible for the oper ation of the ports.8 (38) "Port Property" means pub licly or privately owned property where a port is located. It is the property that includes t he physical boundaries, either contiguous or non-contiguous, of the port and may in clude other properties owned by the port. For the purposes of this regulation, port property includes privately owned property located within a publicly or pr ivately owned port property's boundaries.

(39) "Rail Yard Authority" means those entitie s, either public or private, that are responsible for the operati on of Class I rail yards.

(40) "Rail Yard Property" means the pr operty constituting the physical boundaries of intermodal rail yards. For the purposes of this regulation, rail yard property also includes privately owned property located within intermodal rail yard

boundaries.

(41) “South Coast Air Basin” is the boundar y as described in title 17, California Code of Regulations , section 60104.

(421) "Uni-Body Vehicles" are vehicles that do not have a separate tractor and

trailer and include but are not limited to:

(A) concrete mixers;

(B) on-road mobile cranes;

(C) on-road construction equipment.

(432) "Vehicle" is as defined in Vehicle Code Section 670.

(443) "Verified Diesel Emi ssion Control Strategy (VDECS)" is an emission control strategy that has been verified pursuant to the "Verification Procedure, Warranty and In-Use Compliance Requirements for In-U se Strategies to Control Emissions from Diesel Engines" in Title 13, Cali fornia Code of Regulations, commencing with section 2700, and incor porated by reference.

(454) "Yard Truck" means an off-road mob ile utility vehicle used to carry cargo containers with or without chassis; also k nown as a utility tractor rig (UTR), yard tractor, yard goat, yard hustler, or prime mover.

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

in both Phase 1 AND Phase 2.

(1) Phase 1:

(A) By December 31, 2009, all dray age trucks with a GVWR of greater than 33,000 pounds must be equipped with:9 1. 1994-2003 model year engine certifi ed to California or federal emission standards and a level 3 VDECS for PM emissions;

or,

2. 2004 or newer model y ear engine certified to California or federal emission standards;

or,

3. a 1994 or newer model year en gine that meets or exceeds 2007 model year California or f ederal emission standards.

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

(C) After December 31, 2012, a ll drayage trucks with 2005-2006 model year engines with a GVWR of great er than 33,000 pounds must be equipped with a the highest level 3 VDECS for PM emissions.

(D) After December 31, 2011, all drayage trucks with a GVWR 26,001 to 33,000 pounds must be equipped with a level 3 VDECS for PM emissions while operating in the South Coast Air Basin.

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

that meets or exceeds 2007 m odel year California or federal emission standards.

(3) Drayage Truck Owner Requirements

(A) Drayage truck owners shall:

1. meet all applicable requirem ents and deadlines set forth in Phases 1 and 2 above;

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

demonstrate that:

a. the VDECS has been verified by ARB for use with the engine and vehicle, as described in the Executive Order for the VDECS;10 b. use of the vehicle must be consistent with the conditions of the Executive Order for the VDECS;

c. the VDECS is installed in a verified configuration;

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

e. the VDECS label is visible;

f. the level 3 VDECS is mount ed in a safe and secure

manner on the vehicle consis tent with provisions in (3)(A)(2)(c) above, and the fixed position of the level 3

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

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

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

manufacturer or authorized dealer with the same level of VDECS or OEM equivalent dies el emissions control system within 45 days of first noticing or being notified of the failure or damage to the device.

i. it has adhered to the terms and conditions in the

aftermarket manufacturer or OEM warranty governing the

use of the device.

j. if the failure or damage to the level 3 VDECS or OEM equivalent diesel emissions control system occurs after expiration of the warranty period, it has taken prompt action to personally repair or replac e the failed or damaged device with the same level VDECS or OEM equivalent diesel emissions control system availa ble for the engine within 90 days of first noticing or being notified of the failure or damage to the device.

k. it has not misused, dism antled, or tampered with any components of the level 3 VDECS or OEM equivalent diesel emissions control system, except for purposes of recommended periodical mainte nance by an authorized11 agent, or when it is necessary to detach the device to

service the vehicle.

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

4. be able to demonstrate that t he drayage truck operator has been informed about the information required under subsection (d)(5)(A)(4) for the dispatching mo tor carrier and instructed to provide such information to any enforcement personnel listed in subsection (i), upon request.

(B) Phase 1 compliance deadline extension:

1. Drayage truck owners may apply for a one-time, one-year, pertruck Phase 1 compliance deadlin e extension. The compliance deadline application must be eit her electronically filed or postmarked by June 1, 2009. To receive the Phase 1 compliance deadline extension, a drayage truck owner must demonstrate all of the following:

a. the engine installed on his/her current truck is a California or federally certified 1994 - 2003 model year engine;

b. the truck was r egistered with the DTR prior to June 1,
2009;

c. no Level 3 diesel emission control technology verified by

ARB for use on that combinat ion of truck and engine was

available at the time th e extension was filed.

2. Compliance extension applications shall be submitted to ARB at:

CALIFORNIA AIR RESOURC ES BOARD DRAYAGE TRUCK PHASE 1 EXTENSION, SSD

P.O. BOX 2815 SACRAMENTO, CA, 95812

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

3. If after the one-year extensi on ARB verified technology is still unavailable, the truck owner must comply with the regulation within 90 days of the expiration of the ext ension by replacing the existing12 heavy duty truck and/or engine with a tr uck or engine that meets or exceeds the Phase 1 requirements.

(4) Drayage Truck Operator Requirements

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

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

2. identify and provide documentat ion on the origin and destination of the cargo, chassis, and intermoda l equipment (conta iner etc,) to authorized enforcement per sonnel as set forth in subsection (i). Documentation can include a Delivery Receipt, Pick Up Receipt, Equipment Interchange Receipt (J-1), Release Number, Bill of Lading or other documentation t hat identifies the origin and destination of the cargo and pick up / termination destination of the chassis and intermodal equipment.

(5) Motor Carrier Requirements

(A) Each motor carrier shall:

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

2. only dispatch drayage trucks to a port or intermodal rail yard that meet emission standards and compli ance deadlines set forth in Phases 1 and 2 in subsection (d);

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

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

a. the motor carrier's business name;

b. contact person's name;

c. motors carrier's street addr ess, city, state, and zip code;13 d. contact person's business phone number.

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

a. truck dispatch date and time;

b. bill of lading or tracking number;

c. truck license plate num ber and issuing state;

d. Drayage Truck Registry number.

(6) Marine or Port Terminals a nd Intermodal Rail Yard Requirements

(A) Starting September 30, 2009, mari ne or port terminals and intermodal rail yards shall collect the following information for each drayage truck subject to this regulation that enters the facility t hat is not DTR compliant as determined by information contained within the Drayage Truck Registry.

1. Dispatching motor carrier:

a. business name of dispatching motor carrier;

b. contact person's name;

c. street address, city, stat e, zip code of the dispatching motor carrier;

d. phone number of the dis patching motor carrier;

e. bill of lading or tracking number.

2. Drayage truck:

a. entry date and time;

b. registered owner's name;

c. operator's name;

d. operator's license number;14 e. drayage truck's license plate number and state of issuance;

f. drayage truck's vehicle identification number (VIN).

All information collected in subsection (d)(6) shall be kept for a period of not less than five years from the truck entry date and is to be made

available to enforcement personnel within 72 hours of an official written or oral request.

(B) Marine or port terminals and inte rmodal rail yards shall report the information collected in subsection (A) above to their respective authorities according to schedule (A) below and in a format acceptable to their respective authority.

Schedule A: Terminal and Intermodal Rail Yard Reporting Schedule

(7) Port Authorities and Rail Yard Authorities Requirements

(A) Port and rail yard authorities sha ll respectively report the information collected by the port terminals and intermodal rail yards, as detailed in subsection (d)(6), to, and in a m anor and format prescribed by, ARB according to Schedule B below. ARB reporting parameters are detailed on ARBs website http://www.arb.ca.gov/drayagetruck

Schedule B: Port and Rail Yard Authority Reporting Schedule Date Truck Enters

Terminal or Intermodal

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

Date by which Information is to be Reported to the

California Air Resources Board May 15 August 15

November 15 February 1515 (B) Port and rail yard authorities sha ll ensure their respective terminals and/or intermodal rail yards abide by all Schedule A repo rting deadlines.

(C) Rail yard authorities operating rail yards located greater than 80 miles from the nearest port with less than 100 average daily drayage truck visits for each calendar month starting January 2008, must complete and submit quarterly verification reports according to Schedule B and in a format approved by ARB.

The first quarterly veri fication report shall include average daily drayage

truck visits for each calendar month st arting with the effective date of the regulation and submitted to ARB acco rding to schedules A and B above. Subsequent quarterly verification r eports shall include average daily drayage truck visits for the three cal endar months prior to each reporting date. Quarterly verification reports sha ll include, but are not limited to, the following information;

1a. reporting rail yard author ity contact information;

2b. rail yard name and address;

3c. average daily drayage truck visits by calendar month.

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

CALIFORNIA AIR RESOURCES BOARD RAIL YARD DAILY TRUCK VERIFICATION, SSD

P.O. BOX 2815 SACRAMENTO, CA, 95812

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

(e) Drayage Truck Registry Requirements.

(1) Truck Owner Requirements

(A) Owners of all drayage trucks doing bus iness at a port or intermodal rail yard prior to September 30, 2009 and intending to continue operations after that date must register wit h the DTR database by September 30,

2009.

(B) Drayage trucks intending to begin operations at a port or intermodal rail yard after September 30, 2009 must be registered with the DTR database prior to commencing operations.16 (C) Owners of all drayage trucks co vered by the regulation and doing business at a port or intermodal ra il yard must provide the following information to ARB or its designee by mail to the address in subsection (e)(2) or electronically through ARB's DTR website http:// www.arb.ca.gov/drayagetruck. The info rmation shall include but may not

be limited to:

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

2. engine make, model, and model year;

3. vehicle identific ation number (VIN);

4. vehicle license number and state of issuance;

5. compliance status, which shall include:

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

b. if so, how was compliance achieved (e.g. new compliant truck or description of the level 3 VDECS that was used),

who did the installation work , and when was it completed;

c. if not, identifying when t he drayage truck is scheduled to come into compliance under Phases 1 or 2.

(D) After filing the initia l application, the drayage truck owner shall within 30 days of bringing a truck into co mpliance with Phase 1 or Phase 2, update the DTR with the vehicle's comp liance status information and any other changes to the vehicle's owner ship, DMV registration status, or participation status in IRP.

(2) Mailing Address for Filing Initial A pplications and Updates. Drayage truck owners shall submit DTR applications and any updated information to ARB at:

CALIFORNIA AIR R ESOURCES BOARD C/O DRAYAGE TRUCK REGISTRY, SSD

P.O. BOX 2815 SACRAMENTO, CA, 95812

(3) Failure to register with the DTR or submittal of fals e information is a violation of state law and subject to civil or criminal penalty.17 (f) Annual Port or Rail Yard Exemption.

(1) Annual Exemption. An annual exem ption may be gran ted, under limited circumstances, by the ARB Executive Office r to ports or rail yards. An exemption may cover a clearly defined portion or t he entirety of a port or rail yard. The Executive Officer will exempt a port or rail ya rd that is able to demonstrate one or more of the following:

(A) port or rail yard land is not typica lly used for truck traffic and its primary

function or location does not inclu de or attract drayage trucks covered under this regulation (e.g. a shoreline animal sanctuary);

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

(2) The Exemption Request

(A) a port or rail yard requesting an ex emption shall mail the request to:

CALIFORNIA AIR R ESOURCES BOARD PORT / RAIL YARD EXEMPTION, SSD

P.O. BOX 2815 SACRAMENTO, CA, 95812

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

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

(C) the request will be approved or di sapproved by the Executive Officer no later than July 1, of the year prio r to the exemption year. The Executive Officer will then issue an exemption to be va lid for the specified port or rail yard for the specified exemption year.

(g) Penalties. Any person who fails to comply with the performance requirements of this regulation, who fails to submit any informati on, report, or statem ent required by this regulation, or who knowingly submits any false statement or r epresentation in any application, report, statement, or other docum ent filed, maintained, or used for the purposes of compliance with this regulation ma y be subject to civil or criminal penalties under sections 39674, 39675, 42400, 42400 .1, 42400.2, 42402,.2, and 43016 of the Health and Safety Code. In assessing pena lties, the Executive Officer will consider factors, including but not limited to the willfulness of the violation, the length of time of18 noncompliance, whether compliance was attempted, and the magnitude of noncompliance.

(h) Right of Entry. For the purpose of inspecting on-road vehicles covered in this regulation, and their records to determine compliance with these regulations, an agent or employee of ARB, upon presentation of pr oper credentials, has the right to enter any facility (with any necessary safety clearanc es) where on-road vehicles are located or on-road vehicle records are kept.

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

(j) Sunset. Provisions of sect ion 2027 shall sunset on December 31, 2022 2016. Starting January 1, 2023 2017, drayage trucks are subject to the provisions of section 2025 (Regulation to Reduce Emissions of Diese l Particulate Matter, Oxides of Nitrogen and Other Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled Vehicles).

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

(1) California Vehicle Code;

(2) California Health and Safety Code;

(3) division 3, title 13, Cali fornia Code of Regulations;

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

(kl) Severability. If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this r egulation is, for any reason, hel d invalid, unconstitutional, or unenforceable by any court of competent juri sdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining por tions of the regulation.

Note: Authority cited: Sections 3 9002, 39003, 39500, 39600, 39601, 39602, 39602.5, 39650, 39658, 39659, 39666, 396 67, 39674, 39675, 41511, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023 and 43600, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 39600, 39601, 39602, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 41511, 42400, 42400.1, 42400.2, 42402.2, 42410, 40717 .9, 43000, 43000.5, 43013, 43016, 43018, 43023 and 43600, Health and Safety Code.