1 FINAL REGULATION ORDER

REGULATION TO CONTROL EMISSIONS FROM IN

- USE ON

- ROAD

DIESEL

- FUELED HEAVY

- DUTY DRAYAGE TRUCKS

Amend Article 4.5, Chapter 1, Division 3, t itle 13, section 2027

, California Code of Regulations, to read as follows:

§ 2027. In

- Use On

- Ro ad 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) Applicability

. 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 o perators of on

- road diesel

fueled, alternative diesel

- fueled and dual

- fueled heavy

- duty drayage

trucks that operate in California "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;

(C) authorized emergency vehicles;

(D) military tactical support vehicle s;

(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; and2 (F) yard trucks.

(c) Definiti

ons

. 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) "Alterna tive 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 diese l 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

mechan ism, or

( B ) 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 b ehalf under this regulation.

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

165.

(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:3 ( 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 e ach 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 p ayment 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

goo ds.

(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 ig nition 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;

(C) Concrete mixers;4 (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 alternati ve 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 physica l 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) greater than 26,000 pounds that is used for transporting cargo, such as con tainerized, 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,

(B) off po rt 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 prop erties 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 o ff 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., a5 trailer or container) before being delivered to a port or intermod al 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.

o r

(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

.

(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 stand ards.

(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 d iesel 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

r easonably 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 movemen t.

(23) "Emergency Decree" means a determination by the Executive Officer that an emergency event has occurred that requires the immediate6 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 GVWR of greater than 26,000 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,

(B) is located more than 80 miles from the nearest port and having,

on or after J anuary 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 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 of future average daily drayage truck visits. Intermodal rail yards include, but are not limited to, the following facilities: Union Pacific (UP) Oakland, Burlington Norther n Santa Fe (BNSF) Hobart, 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 reci procity 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) "Liqui d 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 die sel fuel to ten parts total fuel on7 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 be rthing 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, warehous es, 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 c ontracts with beneficial cargo owners, ship companies, port terminals or Class I
railroads, and with owners and operators of drayage truck s that it dispatches for pick

- up and delivery of goods that are destined for or originated from ports and/or intermoda l rail yards.

(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 se q.

- or DMV's equivalent in another state, province, or country; or the International Registration Plan. A vehicle

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 a nd 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 wate r

- 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 S tockton,8 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 reg ulation, 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 boun daries.

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

(4 2 ) "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.

(4 3 ) "Vehicle" is as defined in Vehicle Code Section 670.

(4 4 ) "Verified Diesel Emission Control Strategy (VDECS)" is an emission control strategy that has been verifie d 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 5 ) "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.9

(d) Requirements and Compliance Deadline s

. 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;

(B) After Decembe r 31, 2011, all drayage trucks with 2004 model year engines with a GVWR of greater than 33,000 pounds must be equipped with a level 3 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 a 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 Coas t 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) Dra yage 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:10 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 manufactu rer'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 le vel 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 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 diese l 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 replace the failed or damaged device with the same level VDECS

or O EM equivalent diesel emissions control system available for the engine within 90 days of first noticing11 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 OE M 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 su bsection (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:

a. the engine installed on his/her 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.12 2. Complian ce 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 w ebsite; http:// www.arb.ca.gov/drayagetruck

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 and/or engine with a truck 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 documentation on the origin and destination of the cargo, chassis, and intermodal equipment (container etc,) to authorized e nforcement personnel 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 that identifies the origin and destination of th e 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 th at it contracts with for deliveries to ports and intermodal rail yards;13 2. only dispatch drayage trucks 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 inte rmodal 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 l isted 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, city, 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;

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 compli ant as determined by information contained within the Drayage Truck Registry.14 1. Dispatching motor carrier:

a. business name of dispatching motor carrier;

b. contact person's name;

c. street address, city, state, zip code of the dispatching motor carri er;

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 num ber 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 intermodal 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.15 Schedule A: Terminal and Intermodal Rail Yard Reporting Schedule

(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://www.a rb.ca.gov/drayagetruck

Schedule B: Port and Rail Yard Authority Reporting Schedule

(B) Port and rail yard authoriti es shall ensure their respective terminals and/or 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 drayag e 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 verification report shall include average daily drayage truc k 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 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 1516 reports shall include, but are not limited to, the following information;

1 . reporting rail yard authority contact information;

2 . rail yard name and address;

3 . average daily drayage truck vi sits 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

SACRAMEN TO, 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 po rt 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 i ts designee by mail to the address in subsection (e)(2) or electronically through ARB's DTR website http:// www.arb.ca.gov/drayagetruck. The information shall include but may not be limited to:

1. truck owner name, address, and contact information (e.g.

p hone number, email address, fax number);

2. engine make, model, and model year;17 3. vehicle identification number (VIN);

4. vehicle license number and state of issuance;

5. compliance status, which shall include:

a. identifying whether the drayage truc k 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 c ompleted;

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

P hase 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

tr uck owners shall submit DTR applications and any updated information

to ARB at:

CALIFORNIA AIR RESOURCES BOARD

C/O DRAYAGE TRUCK REGISTRY, SSD

P.O. BOX 2815 SACRAMENTO, CA, 95812

(3) Failure to register with the DTR or s ubmittal of false information is a violation of state law and subject to civil or criminal penalty.

(f) Annual Port or Rail Yard Exemption.18 (1) Annual Exemption . An annual exemption may be granted, under limited circumstances, by the ARB Executive Off icer 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 lan d 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 / 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 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.

(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, repo rt, 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, 42402

, .2, and 43016 of the Health and Safety Code. In19

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 facilit y (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 of ficers 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 se ction 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

- Us e Heavy

- Duty Diesel

- Fueled Vehicles).

(k) 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 Saf ety 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.

(l) Severability

. If any subsecti on, 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 inde pendent provision, and 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, 42402.2, 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, 43000, 43000.5, 43013, 43016, 43018, 43023 and 43600, Health and Safety Code.