State of California

AIR RESOURCES BOARD

Notice of Public Availability of Modified Text and

Availability of Additional Documents

PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE REGULATION 

FOR MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND 

INTERMODAL RAIL YARDS

Public Hearing Date: September 22, 2011

Public Availability of Modified Text Date: June 15, 2012

Deadline for Public Comment: July 2, 2012

At its September 22, 2011, public hearing, the Air Resources Board (Board or ARB)

considered proposed amendments to the “Regulation for Mobile Cargo Handling 

Equipment at Ports and Intermodal Rail Yards” (Cargo Handling Regulation or 

regulation), California Code of Regulations (CCR), title 13, section 2479. The Cargo 

Handling Regulation reduces the public’s exposure to air pollutants from the operation 

of mobile cargo handling equipment at ports and intermodal rail yards. Information 

regarding the initially proposed amendments to the Cargo Handling Regulation can be 

found in the Initial Statement of Reasons (ISOR) at the following link: 

http://www.arb.ca.gov/regact/2011/cargo11/cargo11.htm

The Board’s Action

At the September 22, 2011 hearing, the Board adopted Resolution 11-30. Consistent

with section 11346.8 of the Government Code, the Board delegated to the Executive 

Officer authority to take final action on the proposed amendments to title 13, CCR 

section 2479, with the modifications as described in Attachment B to Resolution 11-30, 

after making the modified text available to the public for comment for a period of at least 

15 days. The Board further provided that the Executive Officer shall consider such 

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

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

present the regulations to the Board for further consideration if warranted. The 

modifications had been suggested by ARB staff in a document entitled “Staff’s 

Suggested Modifications to the Proposed Amendments to the Regulation for Mobile 

Cargo Handling Equipment at Ports and Intermodal Rail Yards” that was made available 

at the hearing as Attachment B to the Resolution. These suggested modifications were 

made in response to comments on staff’s initial proposal that were received before the 

Board hearing. 

Resolution 11-30 and all other regulatory documents for this rulemaking are available 

online at the following ARB website: 

http://www.arb.ca.gov/regact/2011/cargo11/cargo11.htm
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Summary of Proposed Modifications

A summary of the modifications and the rationale for the modifications to the originally 

proposed regulatory amendments are set forth below. For a complete account of all 

modifications to the regulation, please refer to the underline and strikeout text in

Attachment 1. 

The proposed modifications have been made to encourage introduction and use of ultra 

clean technologies such as electric and hybrid equipment; ensure fleets are brought into 

compliance prior to granting low-use compliance extensions; provide access to the 

Alternative Compliance Plan provisions for both yard truck equipment and non-yard 

truck equipment; revise the opacity-based monitoring program requirements to exempt 

newer equipment; and require additional disclosure by the sellers of equipment and 

engines subject to this regulation. The following sections were either modified or 

added.

Section 2479(c)(3)(A) and (e)(5)(B): The initially proposed amendment that would 

allow an engine that has failed during its warranty period to be replaced with an engine 

meeting the emission standards of the warranted engine rather than those dictated by 

the standards required for newly purchased, leased, or rented equipment was moved

from section 2479(c)(3)(a) to section 2479(e)(5)(B). 

Section 2479(d)(29): A definition for “Hybrid” was added to support modifications to 

section 2479(f)(2).

Section 2479(e)(1)(A)1.b.iii. and (e)(2)(A)4.: These sections were added to allow 

alternative power systems to be used as a compliance option in newly purchased, 

leased, or rented yard trucks not registered as motor vehicles .

Section 2479(e)(1)(B)4. and (e)(3)(B)1.d., 2.d., and 3.d.: These sections were 

modified to clarify data requirements for demonstrating that an engine or power system 

meets the performance requirements and to clarify for which model year the engine or 

power system must meet the applicable standards. 

Sections 2479(e)(2)(A)5.j. and (e)(3)(A)3.k.: These sections were added to exempt 

equipment less than four years old from the initially proposed amendments to require 

opacity monitoring of in-use cargo handling equipment. 

Section 2479(e)(5)(A): This section was added to clarify that, except for the case 

provided for in section 2479(5)(B), equipment that is repowered with a replacement 

engine is considered to be newly purchased, leased, or rented equipment and as such 

must meet the requirements of section 2479(e)(1). 

Sections 2479(f)(2) and (f)(2)(D): These sections were further modified to require

owners or operators who request a compliance extension after the initial two annual 

compliance extensions to either elect to have the equipment subject to the extension 

request be replaced with electric or hybrid cargo handling equipment, if such equipment 
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is available and operationally feasible for the intended use, or to have a different piece 

of equipment or yard truck replaced with an electric or hybrid model. In addition, if a 

requesting owner or operator elects to replace the piece of equipment specifically 

subject to extension request, language was added that would require, in certain 

circumstances, for the owner or operator to install a safe and feasible Verified Diesel 

Emission Control Strategy (VDECS) if one becomes available. The owner or operator 

would not be required to install the VDECS if it is certain that the equipment will be 

replaced with electric or hybrid equipment at the end of the final extension period or if 

the owner or operator has replaced or will replace a secondary piece of equipment with 

electric or hybrid equipment.

Section 2479(f)(2)(B): Section 2479(f)(2)(B) has been further modified to specify that if 

during the first two years of a compliance extension a VDECS becomes commercially 

available for the engine that has been granted a compliance extension, then the owner 

or operator must install the VDECS or otherwise comply with subsection (e)(3). 

Section 2479 (f)(2)(C): Section 2470(f)(2)(C) was added to restrict equipment from 

qualifying for more than two compliance extension years if a VDECS cannot be applied 

solely because of high engine exhaust opacity. 

Section 2479(f)(3): This section was modified to allow the compliance extension for

the use of experimental diesel particulate matter emission control strategies to apply to 

yard truck, as well as non-yard truck, equipment. 

Section 2479(f)(6)(A): This section was modified to make Executive Officer approval of 

the low-use compliance extension contingent upon an owner or operator bringing into 

compliance all applicable non-yard truck equipment in its fleet for which compliance is 

feasible.

Section 2479(h): This section was modified to encourage the use of electric and hybrid 

yard trucks and non-yard truck equipment by allowing hybrid technology and 

electrification to be considered as alternative emission control strategies and by 

expanding the provision to allow cargo handling equipment owners and operators to 

include yard trucks, as well as non-yard truck equipment, in Alternative Compliance 

Plans. 

Section 2479(j)(3)(F): This section was modified to require an owner or operator to 

include information in their annual report about any electric or hybrid equipment 

purchased in response to extension requirements.

Section 2479(p): This section was added to require any person selling an engine 

certified to the alternate Tier 4 family particulate matter emission limits either as part of 

a piece of cargo handling equipment or as an independent engine that will be used in 

cargo handling equipment, to disclose to the buyer that the engine is subject to retrofit 

requirements of the Cargo Handling Regulation.
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Staff also made minor, non-substantive modifications throughout the regulation to 

provide additional clarity. Other non-substantive changes include correcting formatting 

and grammatical errors, and minor administrative changes and corrections.

Corrections to References and Additional Documents Added to the Record

Staff identified several typographical errors and other minor problems in some of the 

references that were listed in the ISOR. For clarity, the following is an identification of 

these errors and the necessary corrections.

1. In the Master Reference List for the Proposed Amendments to the Regulation for 

Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards, on page 6 

(Appendix B), reference 45. reads, ‘Port of Long Beach (POLB), “Port of Long 

Beach Container Statistics-2010,”’ should read, ‘Port of Long Beach (POLB, 

2011), “Container Trade in TEUs,” 2011.’

2. In the Master Reference List for the Proposed Amendments to the Regulation for 

Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards, on page 6 

(Appendix B), reference 48. is identified incorrectly as, ‘U.S. Environmental 

Protection Agency (USEPA), “NONROAD Model (nonroad engines, equipment, 

and vehicles)”, 2004.’ The correct reference is, ‘U.S. Environmental Protection 

Agency (USEPA), “Exhaust and Crankcase Emission Factors for Nonroad 

Engine Modeling – Compression-Ignition,” EPA420-P-04-009, NR-009, 

April 2004.’

3. In the Master Reference List for the Proposed Amendments to the Regulation for 

Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards, on page 8 

(Appendix C), reference 58., California Council on Diesel Education and 

Technology (CCDET, 2011) is dated June 2011. The actual date is July 2011.

4. In the Master Reference List for the Proposed Amendments to the Regulation for 

Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards, on page 8 

(Appendix C), reference 62., CARB Compliance Services, smoke Testing Pricing 

Information (CCS, 2011) is dated May 2011. The actual date is August 2011. 

5. In the Master Reference List for the Proposed Amendments to the Regulation for 

Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards, on page 8 

(Appendix C), reference 63., the reference is identified as “California Air 

Resources Board (ARB)” and should be identified as California Air Resources 

Board (ARB, 2011l).” 
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Supplemental Information Being Made Available

ARB is making the proposed modifications to regulatory text and supplemental 

economic analysis, “Attachment 2, Potential Economic Impacts of Modifications to the 

“No VDECS Available” Compliance Extension for Mobile Cargo Handling Equipment 

Operating at Ports and Intermodal Rail Yards” (Attachment 2) available for public 

comment prior to final action being taken by the Board’s Executive Officer. As noted 

above, the documents included in the attachment to this notice can be obtained from 

the ARB’s website at the following link: 

http://www.arb.ca.gov/regact/2011/cargo11/cargo11.htm, or from the Public Information 

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

1st Floor, Sacramento, California, 95814. If you would like a hard copy of the 

attachment sent to you through postal mail, please contact Mr. Kirk Rosenkranz at 

(916) 327-7843 and give your name, company name, if any, and mailing address. 

Public Comments 

Written comments will only be accepted on the modifications approved by the Board 

and may be submitted by postal mail or electronic mail submittal as follows:

Postal mail: Clerk of the Board, Air Resources Board

1001 I Street, Sacramento, California 95814

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

Please note that under the California Public Records Act (Gov. Code § 6250 et seq.), 

your written and oral comments, attachments, and associated contact information (e.g., 

your address, phone, email, etc.) become part of the public record and can be released 

to the public upon request.

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

in one of the two forms described above and received by ARB by 5:00 p.m., on the 

deadline date for public comment listed at the beginning of this notice. Only comments 

relating to the above-described modifications to the text of the regulations shall be 

considered by the Executive Officer.

If you need this document in an alternate format or another language, please contact 

the Clerk of the Board at (916) 322-5594 or by facsimile at (916) 322-3928 no later than 

five (5) business days from the release date of this notice. TTY/TDD/Speech to Speech 

users may dial 711 for the California Relay Service.

Si necesita este documento en un formato alterno u otro idioma, por favor llame a la 

oficina del Secretario del Consejo de Recursos Atmosféricos al (916) 322-5594 o envíe 

un fax al (916) 322-3928 no menos de cinco (5) días laborales a partir de la fecha del 

lanzamiento de este aviso. Para el Servicio Telefónico de California para Personas con 

Problemas Auditivos, ó de teléfonos TDD pueden marcar al 711. 
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Attachments