State of California

Office of Administrative Law

In re:

Air Resources Board

NOTICE OF APPROVAL OF REGULATORY

ACTION

Regulatory Action: Government Code Section 11349.3

Title 13, California Code of Regulations OAL File No. 2011-1018-01 S

Adopt sections:

Amend sections: 2027

Repeal sections:

The Air Resources Board submitted this action to amend title 13, California Code of

Regulations, section 2027, which establishes emissions requirements for drayage

trucks. The proposed amendments prohibit "dray-offs," which is the practice of

exchanging cargo with non-compliant drayage trucks near port or intermodal rail yard

facilities, and include Class 7 trucks in the phased-in emissions schedule for drayage

trucks. Additionally, Class 7 trucks operating in the South Coast Air Basin will be

required to meet specified emissions criteria by January 1, 2012. The proposed

amendments sunset the drayage truck regulation on December 31,2022, at which time

drayage trucks will be subject to the emissions requirements for trucks and buses in title

13, California Code of Regulations, section 2025.

OAL approves this regulatory action pursuant to section 11349.3 of the Government

Code. This regulatory action becomes effective on 11/9/2011.

Date: 11/9/2011 ttk~J.~f

Richard L. Smith

Staff Counsel

For: DEBRA M. CORNEZ

Assistant Chief Counsell

Acting Director

Original: James Goldstene

Copy: Trini Balcazar
STATE OF CALlr,QHNIA...OffICE Of ADMINISTHATIVE LAW

NOTICE PUBLlCATION/REGUlATION,

tions on

e)

For use by Secretary of State only

STD 400 (I1EV 0109)

OAL FILE NOTICE FILE NUMBER

NUMBERS

EMERGENCY NUMBER

, \

i I

NOTICE REGULATIONS

AGENCY WITH RULEMAKING AUTHORITY

AIR RESOURCES BOARD

A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)

Other

Truck/Bus 2010: On-Road 2025 October 29, 2010

(916) 445-9564

NOTICE REGISTER NUMBER

(916) 322-3928

PUBLICATION DATE

Disapproved!

Withdrawn

o

B. SUBMISSION OF REGULATIONS (Complete when submitting regulations)

la SUBJECT OF REGULATION(S)

Part 1: Truck/Bus 2010: On-Road Drayage Trucks

lb. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBER(S)

2 SPECIY CALIfORNIA CODE Of REGULATIONS TITLE(S) AND SECTION(S) (Including titie 26, if to.its ,elated)

ADOPT

SECTION(S) AFFECTED

(list all section number(s)

individually. Attach

additional sheet if needed.)

AMEND

2027

REPEAL TITLE(S)

13

3. TYPE Of fiLING

Regular

Code §11346)

D Resubmittal of disapproved or withdrawn nonemergency

filing (Gov. Code §§ 11349.3,

11349.4)

D Emergency (Gov. Code, § 11346.1(b))

Certificate of Compliance: The agency officer named

below certifies that this agency complied with the

provisions of Gov. Code §§11346.2-11347.3 either

before the emergency regulation was adopted or

within the time period required by statute.

Emergency Readopt (Gov.

Code, § 11346.1 (h)) D

Changes Without Regulatory

Effect (CaL. Code Regs.. title

1, §100)

File & Print Print Only

Resubmittal of disapproved or withdrawn

emergency filing (Gov. Code, § 11346.1)

D Other (Specify)

4. ALL BEGINNING AND ENDING DATES Of AVAILABILITY Of MODIFIED REGULATIONS AND/OR MATEHIAL ADDED TO THE RULEMAKING fiLE (CaL. Code Regs. title 1,944 and Gov. Code 911347.11

May 19, 2011-June 3, 2011

5.

O Effective 30th day after filing with Secretary of State

1

MX Effective on filing with

L~ Secretary of State

§ 1 00 Changes Without

Regulatory Effect

Effective

other (Specify)

6 CHECK IF THESE REGULATIONS REQUIRE NOTICE TO. OR REVIEW CONSULTATION. APPROVAL OR CONCURRENCE BY. ANOTHER AGENCY OR ENTITY

~ Department of Finance (Form STD. 399) (SAM §6660) D Fair Political Practices Commission D State Fire Marshal

D Other (Specify)

7 CONTACT PERSON

Trini Balcazar, Regulations Coordinator i FAX NUMBER (Optional) E-MAIL ADDRESS (Oplional) (916) 322-3928 tbalcaza(9arb,ca,gov

For use by Office of Administrative Law (OAL) in1y ,

I certify that the attached copy of the regulation(s) is a true and correct copy

of the regulation(s) identified on this form, that the information specified on this form

is true and correct, and that i am the head of the agency taking this action, I

or a designee of the head of the agency, and am authorized to make this certification. I i

SiGNATURE OF ~GÉN1t HEAD OR DjSiNEE _, I DATE ,.'J /~, /

1./ ¿v-- C"¿"¿".t:'~_..~------""-'" /t/II/ / /¿ TYPED NAME Al!lÍ TITLE OF SIGNATORY . (/ i / J

'Ibn Cackette, Chief Deputy Executive Officer

I TELEPHONE NUMBER (916) 445-9564

8.
FINAL REGULATION ORDER

REGULATION TO CONTROL EMISSIONS FROM IN-USE ON-ROAD

DIESEL-FUELED HEAVY-DUTY DRAYAGE TRUCKS

Note: This document shows the modifications to the original In-Use On-Road

Diesel-Fueled Heavy-Duty Drayage Truck Regulation, which was adopted in

December 2008. The modifications to the original language are shown in

strikeout to indicate deletions and underline to indicate additions to the California

Code of Regulations.

Amend Article 4.5, Chapter 1, Division 3, title 13, section 2027, California Code

of Regulations, to read as follows:

§ 2027. In-Use On-Road Diesel-Fueled Heavy-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 standards for in-use, heavy-duty

diesel-fueled vehicles that transport cargo to and from California's ports and

intermodal rail facilities,

(b) Applicabílty. This section shall apply to entities listed below through

December 31, 2022. Starting January 1, 2023, drayage trucks are subject to the

provisions of title 13, California Code of Regulations, section 2025, the

Regulation to Reduce "Emissions of Diesel Particulate Matter, Oxides of Nitrogen

and Other Criteria Pollutants from In-Use Heavy Duty Diesel-Fueled Vehicles

(Truck and Bus Regulation)", which requires that all not otherwise 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-road dieselfueled, alternative diesel-fueled and dual-fueled heavy-duty drayage

trucks that operateG at loCalifornia ports and intermodal rail yard

facilities. This regulation also applies to "motor carriers-;" that dispatch

drayage 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:

(A) dedicated use vehicles;

(B) vehicles operating under an ARB authorized emergency

decree;

1
(C) authorized emergency vehicles;

(D) military tactical support vehicles;

(E) vehicles that operate at port or intermodal rail yard properties in

which the ARB Executive Officer has granted an annual exemption

under the provisions of subsection (f) to local 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 definitions that apply specifically to

this regulation.

(1) "Alternative Diesel Fuel" means any fuel 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 control) that may

enhance performance. Examples of alternative diesel fuels include, but

are not limited to, biodiesel, Fischer-Trosch fuels, and emulsions of water

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) 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 are 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 those entities that ARB designates or

contracts with to perform certain functions or provide specific services on

its behalf under this regulation.

(4) "Authorized Emergency Vehicle" is as defined in Vehicle Code section

165,

2
(5) "Average Daily Drayage Truck Visits" is determined by dividing the

total number of truck visits within 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 = Average daily truck count )

open days

Where:

(A) a 'truck visit' is defined as each occurrence of a drayage

truck transgressing from outside intermodal 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, the 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 states the terms of the contract

between a shipper and a transportation company. It serves 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 railway 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 similar to the theoretical diesel

combustion cycle. The regulation of power by controlling fuel supply in lieu

of a throttle is indicative of a compression ignition engine.

3
(11) "Dedicated Use Vehicles" are un i-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;

(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 compounds

consisting exclusively of the elements carbon and hydrogen - that is sold

or represented by the supplier as suitable for use in an internal

combustion, compression - ignition (Ci) engine.

(13) "Diesel-Fueled" means a Ci engine fueled 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 compression ignition engines. Diesel PM may

agglomerate and adsorb other species to form 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 'lleight rating (GV'NR) greater 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 containerized, bulk or

break bulk goods,

(15) "Drayage Truck" means any in-use on-road vehicle with a gross

vehicle weight rating (GVWR) greater than 26,000 pounds 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 transporting cargo,

including transporting empty containers and chassis;

or

4
(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 from the originating

port or rail yard

or

(D) Vehicles operating off of port or intermodal rail yard properties

that transport cargos that are destined for a port or rail yard but will

be subsequently transferred into or onto different equipment (e.g.! a

trailer or container) 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 International Registration Plan.

or

(B) the lessee of the truck, as indicated on the drayage truck's

registration pursuant to Vehicle Code section 4453.5.

(17) "Drayage Truck Operator" means the driver of the vehicle or any

person, party or entity that controls the operation of a drayage truck at

port or intermodal rail yard facility.

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

information on all trucks that conduct business 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 drayage truck is currently compliant

with the requirements of the regulation, including the requirements for the

DTR and emission standards.

5
(21) "Dual-Fuel Engine" means any compression ignition engine that is

engineered and designed to operate on a combination of alternative fuels,

such as compressed natural gas (CNG) or liquefied petroleum gas (LPG)

and diesel fuel or an alternative diesel fueL. These engines have two

separate fuel systems, which inject both fuels simultaneously into the

engine combustion chamber. A dual-fuel engine is not an alternative-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 events beyond the control of

drayage truck owners and operators that threatens public health and

safety or the reasonable flow of goods movement.

(23) "Emergency Decree" means a determination by the Executive Officer

that an emergency event has occurred that requires the immediate

temporary operation of drayage trucks at ports and intermodal rail yard

facilities.

(24) "Executive Officer" is the Executive Officer of ARB or hislher

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 33,00026,000 pounds.

(27) "Intermodal Rail Yard" is any rail facility owned or operated by a

Class i railroad where cargo is transferred from drayage truck to train or

vice-versa that:

(A) is within 80 miles of a port;

or,

(8) 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 anyone calendar month.

Once a rail yard, identified in (B) above, has 100 or more average daily

drayage truck visits in anyone month, the rail yard will be considered an

intermodal rail yard and will be subject to all provisions of this regulation

regardless of the number &i of future average daily drayage truck visits.

Intermodal rail yards include, but are not limited to, the following facilities:

Union Pacific (UP) Oakland, Burlington Northern Santa Fe (BNSF) Hobart,

6
LATC Union Pacific, Commerce UP, Richmond BNSF, Commerce Eastern

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 total 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 trucks 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 total 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.

(31) "Marine or Port Terminals" means wharves, bulkheads, quays, piers,

docks and other berthing locations and adjacent storage or adjacent areas

and structures associated with the primary movement of cargo or

materials from vessel to shore or shore to vessel including 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 manufacturing areas, warehouses, storage facilities, and

private or public businesses 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 intermediary that contracts with

beneficial cargo owners, ship companies, port terminals or Class i

railroads.i and with owners and operators of drayage trucks that it

dispatches for pick-up and delivery of goods and 'Nith drayage truck

owners, \iVho it dispatches to that are destined for or originated 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 Vehicles (DMV) under

Vehicle Code sections 4000 et seq. - or DMV's equivalent in another state,

province, or country; or the International Registration Plan. A vehicle

7
covered under ARB's In-Use Off-Road Regulation, title 13, CCR, section

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 contributors to smog

formation and acid deposition,

(36) "Port" is the port property where 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 regulation

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 Oakland, Port of San Francisco, Port of Sacramento, Port of Stockton,

Port of Redwood 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 operation of the ports.

(38) "Port Property" means publicly or privately owned property where a

port is located It is the property that includes the physical boundaries,

either contiguous or non-contiguous, of the port and may include other

properties owned by the port. For the purposes of this regulation, port

property includes privately owned property located within a publicly or

privately owned port property's boundaries.

(39) "Rail Yard Authority" means those entities, either public or private,

that are responsible for the operation of Class i rail yards.

(40) "Rail Yard Property" means the property 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 boundary as described in title 17,

California Code of Regulations, section 60104.

(4.f4) "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;

8
(C) on-road construction equipment.

(4;2~) "Vehicle" is as defined in Vehicle Code Section 670,

(41J) "Verified Diesel Emission 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-Use

Strategies to Control Emissions from Diesel Engines" in Title 13, California

Code of Regulations, commencing with section 2700, and incorporated by

reference.

(4§4) "Yard Truck" means an off-road mobile utility vehicle used to carry

cargo containers with or without chassis; also known 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 following requirements by the compliance deadlines

detailed in both Phase 1 AND Phase 2.

(1) Phase 1:

(A) By December 31,2009, all drayage trucks with a GVWR of

greater than 33,000 pounds must be equipped with:

1. 1994-2003 model year engine certified to California or

federal emission standards and a level 3 VDECS for PM

emissions;

or,

2.2004 or newer model year engine certified to California or

federal emission standards;

ef

3. a 1994 or ne'Jler model year engine that meets or exceeds

2007 model year California or federal 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 .ê the highest level ;2 VDECS for PM emissions.

(C) After December 31,2012, all drayage trucks with 2005-2006

model year engines with a GVWR of greater than 33,000 pounds

must be equipped with .ê the highest level ;2 VDECS for PM

emissions.

9
(0) 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 must be

equipped with a 1994 or newer model year engine that meets or exceeds

2007 model year California or federal emission standards.

(3) Drayage Truck Owner Requirements

(A) Drayage truck owners shall:

1. meet all applicable requirements 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;

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 mounted in a safe and secure

manner on the vehicle consistent with provisions in

(3)(A)(2)(c) above, and the fixed position of the level 3

VDECS does not obscure vehicle 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

10
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 diesel emìssions 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 failureor 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 replace the

failed or damaged device with the same level VDECS

or OEM equivalent diesel emissions control system

available 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, dismantled, or tampered with

any components of the level 3 VDECS or OEM

equivalent diesel emissions control system, except for

purposes of recommended periodical maintenance by

an authorized agent, or when it is necessary to detach

the device to service the vehicle.

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

4, be able to demonstrate that the drayage truck operator

has been informed about the information required under

subsection (d)(5)(A)(4) for the dispatching motor 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,

per-truck Phase 1 compliance deadline extension. The

compliance deadline application must be either 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:

11
a. the engine installed on hislher current truck is a

California or federally certified 1994 - 2003 model

year engine;

b. the truck was registered with the DTR prior to June

1,2009;

c: no Level 3 diesel emission control technology

verified by ARB for use on that combination of truck

and engine was available at the time the extension

was filed.

2. Compliance extension applications shall be submitted to

ARB at:

CALIFORNIA AIR RESOURCES 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 . govld rayagetruck

3. If after the one-year extension ARB verified technology is

still unavailable, the truck owner must comply with the

regulation within 90 days of the expiration of the extension

by replacing the existing heavy duty truck andlor engine with

a truck or engine that meets or exceeds the Phase 1

requirements.

(4) Drayage Truck Operator Requirements

ff Drayage truck operators shall, upon requesti~

.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 documentation on the origin and

destination of the cargo, chassis, and intermodal equipment

(container, etc.) to authorized enforcement personnel as set

forth in subsection 0). Documentation can include a Delivery

Receipt, Pick Up Receipt, Equipment Interchange Receipt

12
(J-1), Release Number, Bill of Lading or other documentation

that identifies the origin and destination of the cargo and pick

up I 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

ya that meet emission standards and compliance

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 address, 9!state, and zip

code;

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 official written

or oral request.

a. truck dispatch date and time;

b, bill of lading or tracking number;

13
c. truck license plate number and issuing state;

d. Drayage Truck Registry number.

(6) Marine or Port Terminals and Intermodal Rail Yard Requirements

(A) Starting September 30, 2009, marine or port terminals and

intermodal rail yards shall collect the following information for each

drayage truck subject to this regulation that enters the facility that 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, 9!state, zip code of the

dispatching motor carrier;

d. phone number of the dispatching 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;

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.

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(B) Marine or portterminals and interrTodal 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

Janua 1 - March 31

A ril 1 - June 30

Jul 1 - September 30

October 1 - December 31

(7) Port Authorities and Rail Yard Authorities Requirements

(A) Port and rail yard authorities shall respectively report the

information collected by the port terminals and intermodal rail

yards, as detailed in subsection (d)(6), to, and in a manor and

format prescribed by, ARB according to Schedule B below. ARB

reporting parameters are detailed on ARBs website

http://ww.arb.ca . gov Id rayagetruck

Schedule B: Port and Rail Yard Authority Reporting Schedule

(B) Port and rail yard authorities shall ensure their respective

terminals andlor intermodal rail yards abide by all Schedule A

reporting 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.

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The first quarterly verification report shall include average daily

drayage truck visits for each calendar month starting with the

effective date of the regulation and submitted to ARB according to

schedules A and B above. Subsequent quarterly verification reports

shall include average daily drayage truck visits for the three

calendar months prior to each reporting date. Quarterly verification

reports shall include, but are not limited to, the following

information;

1a. reporting rail yard authority contact information;

ia. rail yard name and address;

~e. average daily drayage truck visits by calendar month.

Quarterly verification applications 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 business at a port or

intermodal rail yard prior to September 30, 2009 and intending to

continue operations after that date must register with 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.

(C) Owners of all drayage trucks covered by the regulation and

doing business at a port or intermodal rail 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

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http://ww.arb.ca.gov/drayagetruck. The information 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 identification number (VIN);

4. vehicle license number and state of issuance;

5. compliance status, which shall include:

a. identifying whether the drayage 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 the drayage truck is

scheduled to come into compliance under Phases 1

or 2.

(D) After filing the initial application, the drayage truck owner shall

within 30 days of bringing a truck into compliance with Phase 1 or

Phase 2, update the DTR with the vehicle's compliance status

information and any other changes to the vehicle's ownership, DMV

registration status, or participation status in IRP.

(2) Mailing Address for Filing Initial Applications and Updates. Drayage

truck owners shall submit DTR applications and any updated information

to ARB at:

CALIFORNIA AIR RESOURCES BOARD

CIO DRAYAGE TRUCK REGISTRY, SSD

P.O. BOX 2815

SACRAMENTO, CA, 95812

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(3) Failure to register with the DTR or submittal of false information is a

violation of state law and subject to civil or criminal penalty. .

(f) Annual Port or Rail Yard Exemption.

(1) Annual Exemption. An annual exemption may be granted, under

limited circumstances, by the ARB Executive Officer to ports or rail yards.

An exemption may cover a clearly defined portion or the entirety of a port

or rail yard. The Executive Officer will exempt a port or rail yard that is

able to demonstrate one or more of the following:

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

primary function or location does not include or attract drayage

trucks covered under this regulation (e.g. a shoreline animal

sanctuary);

(B) the overwhelming majority of trucks 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 exemption shall mail the

request to:

CALIFORNIA AIR RESOURCES BOARD

PORT I RAIL YARD EXEMPTION, SSD

P.O. BOX 2815

SACRAMENTO, CA, 95812

or may send it electronically to ARBs' website

http://ww.arb.ca.gov/drayagetruck using the request form available on

the site.

(8) the request must be completed and submitted annually (via the

same website or address listed above) no later than January 1 of

the year prior to the exemption year (e.g. a 2010 year exemption

application must be completed and submitted by January 1,2009);

(C) the request will be approved or disapproved by the Executive

Officer no later than July 1, of the year prior to the exemption year.

The Executive Officer will then issue an exemption to be valid for

the specified port or rail yard for the specified exemption year.

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(g) Penalties. Any person who fails to comply with the performance requirements

of this regulation, who fails to submit any information, report, or statement

required by this regulation, or who knowingly submits any false statement or

representation in any application, report, statement, or other document filed,

maintained, or used for the purposes of compliance with this regulation may be

subject to civil or criminal penalties under sections 39674,39675,42400,

42400,1, 42400.2, 42402ï.2, and 43016 of the Health and Safety Code, In

assessing penalties, the Executive Officer will consider factors, including but not

limited to the willfulness of the violation, the length of time of 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 proper credentials, has the right

to enter any facility (with any necessary safety clearances) 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 authorized representatives of air

pollution control or air quality management districts.

(j Sunset. Provisions of section 2027 shall sunset on December 31. 2022.

Starting January 1, 2023, drayage trucks are subject to the provisions of section

2025 (Regulation to Reduce Emissions of Diesel Particulate Matter. Oxides of

Nitrogen and Other Criteria Pollutants. from In-Use Heavy-Duty Diesel-Fueled

Vehicles).

Ok) 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, California 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 regulation is, for any reason, held invalid,

unconstitutional, or unenforceable by any court of competent jurisdiction, such

portion shall be deemed as a separate, distinct, and independent provision, and

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such holding shall not affect the validity of the remaining portions of the

regulation.

Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39602, 39602.5, 39650,

39658, 39659, 39666, 39667, 39674, 39675, 41511,42400,_42400.1,42400,2,42402.27,42410,

43000,43000.5,43013,43016,43018,43023 and 43600, Health and Safety Code. Reference:

Sections 39002, 39003, 39500, 39600, 39601 i 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.

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