Resolution 10-45

ATTACHMENTS

December 17, 2010

Identification of Attachment to the Board Resolutio n

Attachment A: The Proposed Regulation Order to Cont rol Emissions from

In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Tru cks. (Cal. Code Regs., article 3, chapter 1, division 3, title 13, section 2027) as set forth in Appendix B to the Sta ff Report released October 28, 2010.A -2

Attachment A

PROPOSED REGULATION ORDER

REGULATION TO CONTROL EMISSIONS FROM IN-USE ON-ROAD

DIESEL-FUELED HEAVY-DUTY DRAYAGE TRUCKS

Note: Proposed amendments are shown in underline to indicate additions and

strikeout to indicate deletions, compared to the preexisting regulatory language.

Amend section 2027, title 13, California Code of Re gulations to read as follows.

§ 2027. In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Tru cks.

(a) Purpose. The purpose of this regulation is to reduce emissi ons and public exposure to diesel particulate matter (diesel PM), oxides of nitrogen (NOx), and other air contaminants by setting emission standards for in-u se, heavy-duty diesel-fueled vehicles that transport cargo to and from Californi a's ports and intermodal rail facilities.

(b) Applicability. This section shall apply to entities listed below t hrough December 31, 2016. Starting January 1, 2017, draya ge trucks are subject to the provisions of title 13, California Code of Regulati ons, section 2025, the Regulation to Reduce “Emissions of Diesel Particulate Matter, Oxi des of Nitrogen and Other Criteria Pollutants from In-Use Heavy Duty Diesel-Fueled Veh icles (Truck and Bus Regulation).”

(1) This regulation applies to owners and operators of on-road diesel-fueled, alternative diesel-fueled and dual-fueled heavy-dut y drayage trucks that operateed at in California, 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 yard s," and "rail yard and port authorities,"

(2) This regulation does not apply to:

(A) dedicated use vehicles;

(B) vehicles operating under an ARB authorized emer gency decree;

(C) authorized emergency vehicles;

(D) military tactical support vehicles;A -3

(E) vehicles that operate at port or intermodal rai l yard properties in which the ARB Executive Officer has granted an annual exe mption 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 H ealth and Safety Code section 39010 through 39060 apply except to the ext ent that such definitions may be modified by the following definitions that apply sp ecifically 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 228 1 and 2282 of title 13, of the California Code of Regulations, and does not requir e 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 a re not limited to, biodiesel, Fischer-Trosch fuels, and emulsions of water in die sel fuel. Natural gas is not an

alternative diesel fuel. An emission control strate gy using a fuel additive will be treated as an alternative diesel fuel based strateg y unless:

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

(B 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 com bination is mixed than required for a single fueling of a single engi ne or vehicle.

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

.

(3) "ARB Designees" are defined as those entities t hat ARB designates or contracts with to perform certain functions or prov ide specific services on its behalf under this regulation.

(4) "Authorized Emergency Vehicle" is as defined in Vehicle Code section 165.

(5) "Average Daily Drayage Truck Visits" is determi ned by dividing the total number of truck visits within a calendar month by t he 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 )A -4

Where:

(A) a 'truck visit' is defined as each occurrence o f a drayage truck transgressing from outside intermodal rail yard pro perty onto intermodal rail yard property; and,

(B) an 'open day' is defined as a calendar day in w hich 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 perso n to whom delivery is to be made, a shippers' association, or an ocean or rail transportation intermediary that accepts responsibility for payment of all applicabl e 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 receip t for goods.

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

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

(10) "Compression Ignition Engine" means an interna l 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.

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

tractor and trailers and include but are not limite d 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, incl uding any mixture of primarily liquid hydrocarbons (HC) - organic compounds consis ting exclusively of theA -5

elements carbon and hydrogen - that is sold or repr esented by the supplier as suitable for use in an internal combustion, compres sion - ignition (CI) engine.

(13) "Diesel-Fueled" means a CI engine fueled by di esel 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 engin es. Diesel PM may agglomerate and adsorb other species to form struct ures 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) greater than 33,000 pounds ope rating on or transgressing through port or intermodal rail yard property for t he purpose of loading, unloading or transporting cargo, such as containerized, bulk or break

- bulk goods.

(15) "Drayage Truck" means any in-use on-road vehic le with a gross vehicle weight rating (GVWR) greater than 26,000 pounds tha t pulls a trailer or chassis that is used for transporting cargo, such as contai nerized, 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 port or intermodal rail yard property trans porting cargo or empty containers or chassis that originated from or is de stined to a port or intermodal rail yard property .

Drayage trucks are not:

(C) Vehicles operating off of port or intermodal ra il yard properties that transport cargos that have originated from a port o r rail yard property but have been off-loaded from the equipment (e.g., a tr ailer or container) that transported the cargo from the originating port or rail yard

or

(D) Vehicles operating off of port or intermodal ra il yard properties that transport cargos destined for a port or rail yard b ut which the cargos are to be subsequently transferred into or onto different equipment (e.g., a trailer or container) before being delivered to a port or i ntermodal rail yard.A -6

(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 dr ayage truck's registration pursuant to Vehicle Code section 4453.5.

(17) "Drayage Truck Operator" means the driver of t he vehicle or any person, party or entity that controls the operation of a drayage truck at a port or intermodal rail yard facility

.

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

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

(19) "Drayage Truck Registry Number" is a unique id entifier 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 requi rements for the DTR and

emission standards.

(21) "Dual-Fuel Engine" means any compression ignit ion engine that is engineered and designed to operate on a combination of alternative fuels, such as compressed natural gas (CNG) or liquefied petrol eum gas (LPG) and diesel fuel or an alternative diesel fuel. These engines h ave two separate fuel systems, which inject both fuels simultaneously into the eng ine 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 eart hquake, flood, fire, or other acts of God, or other unforeseen events beyond the control of drayage truck owners and operators that threatens public health a nd safety or the reasonable flow of goods movement.

(23) "Emergency Decree" means a determination by th e Executive Officer that an emergency event has occurred that requires the imme diate temporary operation of drayage trucks at ports and intermodal rail yard facilities.

(24) "Executive Officer" is the Executive Officer o f ARB or his/her authorized representative.A -7

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

Section 350.

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

(27) "Intermodal Rail Yard" is any rail facility ow ned or operated by a Class I railroad where cargo is transferred from drayage tr uck 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 draya ge 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 b e considered an intermodal rail yard and will be subject to all provisions of this regulation regardless of the size of future average daily drayage truck visits. Inter modal rail yards include, but are not limited to, the following facilities: Union Pac ific (UP) Oakland, Burlington Northern Santa Fe (BNSF) Hobart, LATC Union Pacific , Commerce UP, Richmond BNSF, Commerce Eastern BNSF, ICTF UP, San Bernardino, Stockton Intermodal BNSF, Lathrop Intermodal UP, and BNSF Oa kland.

(28) "International Registration Plan" is a registr ation reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of total dista nce operated in all jurisdictions.

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

(30) "Liquid Natural Gas (LNG) Fueled Trucks" are d rayage trucks that utilize a heavy-duty pilot ignition engine that is designed t o operate using an alternative fuel, except that diesel fuel is used for pilot ign ition at an average ratio of no more than one part diesel fuel to ten parts total fuel o n any energy equivalent basis. An engine that can operate or idle solely on diesel fu el at any time does not meet

this definition.

(31) "Marine or Port Terminals" means wharves, bulk heads, quays, piers, docks and other berthing locations and adjacent storage o r adjacent areas and structures associated with the primary movement of cargo or materials from vessel to shore or shore to vessel including struct ures which are devoted to receiving, handling, holding, consolidating and loa ding or delivery of waterborne shipments or passengers, including areas devoted to the maintenance of theA -8

terminal or equipment. For the purposes of this reg ulation, the term includes but is not limited to production or manufacturing areas , warehouses, storage facilities, and private or public businesses or ent ities located on or surrounded by
port property.

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

1905.

(33) "Motor Carrier" is a business intermediary tha t contracts with beneficial cargo owners, ship companies, port terminals or Cla ss I railroads, and with drayage truck owners whom it dispatches for pick-up and delivery of goods and with drayage truck owners, who it dispatches to that are destined for or originated

from ports and/or intermodal rail yards to pick up and d eliver 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 o f 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 covered under ARB's In-Use Off-Road Regulation, title 13, CCR, section 2449 is not an o n-road vehicle.

(35) "Oxides of nitrogen (NOx)" means compounds of nitric oxide, nitrogen dioxide, and other oxides of nitrogen. Nitrogen oxi des 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 p ort terminals are typically located for the loading and unloading of water-born e commerce onto and from ocean-going vessels. For purposes of this regulatio n, port does not include port property that is not related to or primarily used t o 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 Hu mboldt Bay, Port of San Diego, Port of Hueneme, Port of Oakland, Port of Sa n Francisco, Port of Sacramento, Port of Stockton, Port of Redwood City, Port of Crockett, Port of Richmond, Port of Pittsburg, and the Port of Benici a.

(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 ow ned property where a port is located. It is the property that includes the physi cal boundaries, either contiguous or non-contiguous, of the port and may include othe r properties owned by the port. For the purposes of this regulation, port pro perty includes privately owned property located within a publicly or privately own ed port property's boundaries.A -9

(39) "Rail Yard Authority" means those entities, ei ther public or private, that are responsible for the operation of Class I rail yards

.

(40) "Rail Yard Property" means the property consti tuting the physical boundaries of intermodal rail yards. For the purposes of this regulation, rail yard property also includes privately owned property located with in intermodal rail yard

boundaries.

(41) "Uni-Body Vehicles" are vehicles that do not h ave 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.

(42) "Vehicle" is as defined in Vehicle Code Sectio n 670.

(43) "Verified Diesel Emission Control Strategy (VD ECS)" is an emission control strategy that has been verified pursuant to the "Ve rification Procedure, Warranty and In-Use Compliance Requirements for In-Use Strat egies to Control Emissions from Diesel Engines" in Title 13, California Code o f Regulations, commencing with section 2700, and incorporated by reference.

(44) "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 Califor nia or federal

emission standards and a level 3 VDECS for PM emiss ions;

or,

2. 2004 or newer model year engine certified to Cal ifornia or federal
emission standards;A -10

or,

3. a 1994 or newer model year engine that meets or exceeds 2007 model year California or federal emission standards

.

(B) After December 31, 2011, all drayage trucks wit h 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, all drayage trucks wit h 2005-2006 model year engines with a GVWR of greater than 33,000 pou nds must be equipped with a the highest level 3 VDECS for PM emissions.

(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 exce eds 2007 model year California or fed eral emission standards.

(3) Drayage Truck Owner Requirements

(A) Drayage truck owners shall:

1. meet all applicable requirements and deadlines s et 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 O rder for the VDECS;

b. use of the vehicle must be consistent with the c onditions of the Executive Order for the VDECS;

c. the VDECS is installed in a verified configurati on;

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

e. the VDECS label is visible;

f. the level 3 VDECS is mounted in a safe and secur e manner on the vehicle consistent with provisions in (3)(A)(2)(c) above, and the fixed position of the l evel 3A -11

VDECS does not obscure vehicle rear view or side mi rror visibility in any way.

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

h. in the event of a failure or damage of an afterm arket level 3 VDECS or an OEM equivalent diesel emissions contr ol system while the device is still under warranty, it has taken prompt action to repair or replace the device by th e manufacturer or authorized dealer with the same lev el of VDECS or OEM equivalent diesel emissions control sy stem 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 th e 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 a fter expiration of the warranty period, it has taken pro mpt action to personally repair or replace the failed or damag ed device with the same level VDECS or OEM equivalent diesel emissions control system available for the engine w ithin 90 days of first noticing or being notified of the fai lure or damage to the device.

k. it has not misused, dismantled, or tampered with any components of the level 3 VDECS or OEM equivalent d iesel 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 op erator has been informed about the information required under subse ction (d)(5)(A)(4) for the dispatching motor carrier and instructed to provide such information to any enforcement personn el listed in subsection (i), upon request.A -12

(B) Phase 1 compliance deadline extension:

1. Drayage truck owners may apply for a one-time, o ne-year, pertruck Phase 1 compliance deadline extension. The co mpliance 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 demo nstrate all of the following:

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

b. the truck was registered with the DTR prior to J une 1,
2009;

c. no Level 3 diesel emission control technology ve rified 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 submi tted 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 websi te; http:// www.arb.ca.gov/drayagetruck

3. If after the one-year extension ARB verified tec hnology is still unavailable, the truck owner must comply with the r egulation within 90 days of the expiration of the extension by repla cing the existing heavy duty truck and/or engine with a truck or engi ne 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 in formation as detailed in subsection (d)(5)(A)(4) to authorized e nforcement personnel as set forth in subsection (i). ;

2. identify and provide documentation on the origin and destination of the cargo, chassis, and intermodal equipment (co ntainer etc,) toA -13

authorized enforcement personnel as set forth in su bsection (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 o rigin 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 appr oved summarized version to each drayage truck owner that it contracts with for deliveries to ports and intermodal rail ya rds;

2. only dispatch drayage trucks to a port or interm odal rail yard that meet emission standards and compliance deadlines se t forth in Phases 1 and 2 in subsection (d);

3. only dispatch drayage trucks to ports and interm odal rail yards that are registered and in good standing with the D rayage 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 c arrier information listed below, upon request, to enforcem ent personnel, as listed in subsection (i).

a. the motor carrier's business name;

b. contact person's name;

c. motors carrier's street address, state, and zip code;

d. contact person's business phone number.

5. keep a record of all dispatched drayage trucks t o 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;A -14

c. truck license plate number and issuing state;

d. Drayage Truck Registry number.

(6) Marine or Port Terminals and Intermodal Rail Ya rd Requirements

(A) Starting September 30, 2009, marine or port ter minals 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 D rayage Truck Registry.

1. Dispatching motor carrier:

a. business name of dispatching motor carrier;

b. contact person's name;

c. street address, state, zip code of the dispatchi ng 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 o f
issuance;

f. drayage truck's vehicle identification number (V IN).

All information collected in subsection (d)(6) shal l 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.A -15

(B) Marine or port terminals and intermodal rail ya rds shall report the information collected in subsection (A) above to th eir respective authorities according to schedule (A) below and in a format acc eptable to their respective authority.

Schedule A: Terminal and Intermodal Rail Yard Repor ting Schedule

(7) Port Authorities and Rail Yard Authorities Requ irements

(A) Port and rail yard authorities shall respective ly 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 pr escribed by, ARB according to Schedule B below. ARB reporting parame ters are detailed on ARBs website http://www.arb.ca.gov/drayagetruck

Schedule B: Port and Rail Yard Authority Reporting Schedule

(B) Port and rail yard authorities shall ensure the ir respective terminals and/or intermodal rail yards abide by all Schedule A reporting deadlines.

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

The first quarterly verification report shall inclu de average daily drayage truck visits for each calendar month starting with the effective date of the regulation and submitted to ARB according to schedu les A and B above. 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 15A -16

Subsequent quarterly verification reports shall inc lude 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;

1 a . reporting rail yard authority contact information ;

2 b . rail yard name and address;

3 c . average daily drayage truck visits by calendar mo nth.

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 websi te; 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 c ontinue 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 register ed with the DTR database prior to commencing operations.

(C) Owners of all drayage trucks covered by the reg ulation and doing business at a port or intermodal rail yard must provide the following information to ARB or its designee by mail to the a ddress 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 informati on (e.g. phone number, email address, fax number);A -17

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 compli ed with the requirements of Phases 1 and 2, set forth in su bsection (d) above;

b. if so, how was compliance achieved (e.g. new com pliant truck or description of the level 3 VDECS that was used), who did the installation work, and when was it comp leted;

c. if not, identifying when the drayage truck is sc heduled to come into compliance under Phases 1 or 2.

(D) After filing the initial application, the draya ge truck owner shall within 30 days of bringing a truck into compliance with Ph ase 1 or Phase 2, update the DTR with the vehicle's compliance status information and any other changes to the vehicle's ownership, DMV regis tration status, or participation status in IRP.

(2) Mailing Address for Filing Initial Applications and Updates. Drayage truck owners shall submit DTR applications and any update d 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 submittal o f false information is a violation of state law and subject to civil or criminal penal ty.

(f) Annual Port or Rail Yard Exemption.

(1) Annual Exemption. An annual exemption may be gr anted, under limited circumstances, by the ARB Executive Officer to port s 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 t hat is able to demonstrate one or more of the following:A -18

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

function or location does not include or attract dr ayage trucks covered under this regulation (e.g. a shoreline animal sanc tuary);

(B) the overwhelming majority of trucks accessing t he port or rail yard are exempted under this regulation (e.g. a port where o nly dedicated auto transports are in service).

(2) The Exemption Request

(A) a port or rail yard requesting an exemption sha ll 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 ARB’s website http://www.arb.ca.gov/drayagetruck using the request form available on the site.

(B) the request must be completed and submitted ann ually (via the same website or address listed above) no later than Janu ary 1 of the year prior to the exemption year (e.g. a 2010 year exemption a pplication 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 exem ption year. The Executive Officer will then issue an exemption to be valid fo r the specified port or rail yard for the specified exemption year.

(g) Penalties. Any person who fails to comply with the performanc e requirements of this regulation, who fails to submit any information, re port, or statement required by this regulation, or who knowingly submits any false stat ement or representation in any application, report, statement, or other document f iled, 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. In assessing penalties, the Executive Officer will consider factors, including but not limited to the willfulne ss of the violation, the length of time of noncompliance, whether compliance was attempted, an d the magnitude of noncompliance.

(h) Right of Entry. For the purpose of inspecting on-road vehicles cov ered in this regulation, and their records to determine complian ce with these regulations, an agent or employee of ARB, upon presentation of proper cre dentials, has the right to enter anyA -19

facility (with any necessary safety clearances) whe re 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 authorit ies; peace officers as defined in California Penal Code, Title 3, chapter 4.5, sectio ns 830 et seq. and their respective law enforcement agencies; and authorized representative s of air pollution control or air quality management districts.

(j) Sunset. Provisions of section 2027 shall sunset on Decembe r 31, 2016. Starting January 1, 2017, drayage trucks are subject to the provisions of section 2025 (Regulation to Reduce Emissions of Diesel Particula te Matter, Oxides of Nitrogen and Other Criteria Pollutants, from In-Use Heavy-Duty D iesel-Fueled Vehicles).

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

(1) California Vehicle Code;

(2) California Health and Safety Code;

(3) division 3, title 13, California Code of Regula tions;

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

(k l) Severability. If any subsection, paragraph, subparagraph, senten ce, clause, phrase, or portion of this regulation is, for any r eason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdictio n, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the regulatio n.

Note: Authority cited: Sections 39002, 39003, 39500

, 39600, 39601, 39602, 39602.5,
39650, 39658, 39659, 39666, 39667, 39674, 39675, 41 511 , 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, 3950 0, 39600, 39601, 39602,
39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 41 511, 42400, 42400.1,
42400.2, 42402.2, 42410, 40717.9, 43000, 43000.5, 43013, 43016, 43018, 43023 and 43600, Health and Safety Code.