### **FINAL REGULATION ORDER** Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU GeneratorSets, and FacilitiesWhere TRUs Operate

Amend article 8, Off-Road Airborne Toxic Control Measures, and section 2477, within division 3, chapter 9, title 13, California Code of Regulations, to read as follows: (Note: Proposed amendments are shown in underline to indicate additions and strikeout to indicate deletions.)

Article 8. Off-Road Airborne Toxic Control Measures Section 2477. Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate. (a) Purpose. Diesel particulate matter (PM) was identified in 1998 as a toxic air contaminant. This regulation implements provisions ofthe Diesel Risk Reduction Plan, adopted by the Air Resources Board in October, 2000, as mandated by the Health andSafety Code Sections 39650-39675, to reduce emissions of substances that have been determined to be toxic air contaminants. Specifically, this regulation will use a phased approach to reduce the diesel PM emissions from inuse transport refrigeration units (TRUs) and TRU generator (gen) set equipment used to power electrically driven refrigerated shipping containers and trailers that are operated in California. (b) Applicability. (1) Except as provided in subsection (c), this regulation applies to owners and operators ofdiesel-fueled TRUs and TRU gen sets (see definition ofoperator and owner in subsection (d) that operate in the state ofCalifornia. This specifically includes: (A) Operators and owners ofCalifornia-based TRUs and TRU gen sets that are installed on trucks, ortrailers, shipping containers, or railcars; and (B) Operators and owners of non-California-based TRUs and TRU gen sets that are installed on trucks, trailers, shipping containers, ortrailers. (2) This regulation applies to facilities located in California with 20 or more loading dockdoors serving refrigerated areas where perishable goods are loaded or unloaded for distribution on trucks, trailers, shipping containers, or rail carsthat are equipped with TRUs and TRU gen sets and that are owned, leased, or

1contracted for bythe facility, its parent company, affiliate, or subsidiarythat are underfacility control (see definition). (3) Tothe extent not already covered under subsections (b)(1) and (b)(2), above,

·subsection (g) ofthis regulation shall applyto any person engaged in this State

in the business ofselling to an ultimate purchaser, or renting or leasing new or used TRUs orTRU gen sets, including, but not limited to, manufacturers, · distributors, and dealers. (4) TRU and TRU gen set original equipment manufacturers thatdirectly or indirectly sell or offerfor sale TRUs and TRU gen sets to the California market. f4j(5) Severability. If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion ofthis regulations is, for any reason, held invalid, unconstitutional, or unenforceable by any court ofcompetentjurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affectthe validity ofthe remaining portions ofthe regulation. (c) Exemptions. This regulation does not apply to militarytactical support equipment. (d) Definitions. For purposes ofthis regulation, the following definitions apply: (1) "Affiliate orAffiliation" refers to a relationship ofdirect or indirect control or shared interests between the subject business and another business. (2) "Alternative Fuel" means natural gas, propane, ethanol, methanol, or advanced technologies thatdo not rely on diesel fuel, except as a pilot ignition source at an average ratio of less than 1 part diesel fuel to 10 parts total fuel on an energy equivalent basis. Alternative fuels also means any ofthese fuels used in combination with each other or in combination with other non-diesel fuels. Alternative-fueled engines shall not have the capability of idling oroperating solely on diesel fuel at anytime. (3) "Alternative-Fueled Engine" means an engine that is fueled with a fuel meeting the definition ofalternative fuel. (4) "Alternative Diesel Fuel" means anyfuel used in diesel engines that is not commonly or commercially known, sold or represented as dieselfuel No. 1- D or No. 2-D, pursuantto the specification for Diesel Fuel Oils D975-81, and does not require engine orfuel system modifications forthe engine to operate, although minor modifications (e.g. recalibration ofthe engine fuel control) may enhance performance. Examples ofalternative diesel fuels include, but are not limited to, biodiesel, Fischer Tropsch fuels, and emulsions ofwater in diesel fuel. Natural gas is notan alternative diesel fuel. An emission control strategy using a fuel additive will be treated as an alternative diesel fuel based strategy unless:



### 2(A) The additive is supplied tothe vehicle orengine fuel by an on-board dosing mechanism, or (B) The additive is directly mixed into the base fuel inside the fuel tank ofthe vehicle or engine, or (C) The additive and base fuel are not mixed until vehicle or engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling ofa single engine orvehicle. (5) "ARB" means the California Air Resources Board. (6) "B100 Biodiesel Fuel" means 100% biodiesel fuel derived from vegetable oil or animal fat and complying with ASTM D 6751-02 and commonly or commercially known, sold, or represented as "neat" biodiesel or B100. B100 biodiesel fuel is an alternative diesel fuel. (7) "B1 00 Biodiesei-Fueled" (compression-ignition engine) means a compression-ignition engine that is fueled by B100 biodiesel fuel. (8) "Business" means an entity organized for profit including, but not.limited to, an individual, sole proprietorship, partnership, limited liability partnership, corporation, limited liability company, jointventure, association or cooperative; or solely for purposes ofthe Prompt Payment Act (Government Code 927 et seq.), a duly authorized nonprofit corporation. (9) "California-Based TRUs and TRU Gen Sets" means TRUs and TRU gen sets equipped on trucks, trailers, shipping containers, or railcars that a reasonable person would find to be regularly assigned to terminals within California. (10)"CARB Diesel Fuel" means anydiesel fuel that is commonly or commercially known, sold or represented as diesel fuel No. 1-D or No. 2-D, pursuanttothe specification for Diesel Fuel Oils D975-81 and meetsthe specifications defined in 13 CCR 2281, 13 CCR 2282, and 13 CCR2284. (11)"Carbon Monoxide (CO)" means a colorless, odorless gas resulting from the incomplete combustion of hydrocarbon fuels. (12)"Carrier" means any person, party, orentity who undertakesthe transport ofgoodsfrom one pointto another. (13)"Certification" means the obtaining ofan Executive Orderfor a new offroad compression-ignition engine familythat complies with the off-road compression-ignition emission standards and requirements specified in the California Code of Regulations, Title 13, Section 2423. A "certified engine"



### 3is an engine that belongs to an enginefamily that has received a certification Executive Order. (14)"Certification Data" means the ARB Executive Order number and related exhaust emission data for each test cycle mode used to certifythe engine family and obtain the certification level shown in the certification Executive Order. Such data includes modal exhaust emissions data for nitrogen oxides, nonmethane hydrocarbons, carbon monoxide, and particulate matter includes, as a minimum, torque, engine speed, weighting factor, power, mass emission rate (grams per hour), and certification testfuel. (15)"Compression Ignition (CI) 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 ofathrottle is indicative of a compression ignition engine. (16)"Consignee" (see receiver). (17)"Consignor" (see shipper). (18)"Cryogenic Temperature Control System" means a heating and cooling system that uses a cryogen, such as liquid carbon dioxide or liquid nitrogen that is routed through an evaporator coil that cools air blown over the coil. The cryogenic system uses avapor motorto drive a fan and alternator, and a propane-fired heater superheats the carbon dioxidefor heating and defrosting. Electrically driven fans may be used instead ofa vapor motor

. and heating and defrost needs may be met by using electric heaters and/or vehicle engine coolant. (19)"Deterioration Factor (OF)" means afactorthat is applied to the certification emission test data to represent emissions atthe end ofthe useful life ofthe engine. Separate DFs applyto each measured pollutant, except that a combined NMHC+NOx OF applies to engines that do not use aftertreatment devices. Decreasing emissions over time would not be allowed to offset increasing emissions ofthe other pollutant in this combined OF. (20)"Diesel Fuel" means any fuel that is commonly or commercially known, sold, orrepresented as diesel fuel, including any mixture of primarily liquid hydrocarbons

- organic compounds consisting exclusively ofthe elements carbon and hydrogen -that is sold or represented as suitable for use in an internal combustion,-compression-ignition engine. (21)"Diesel-Fueled" meansfueled by diesel fuel or GARB diesel fuel in whole or in part, except as allowed for a pilot ignition source underthe definition for "alternative fuel".



### 4(22)"Diesel Oxidation Catalyst (DOC)" means the use ofa catalystto promote the oxidationprocesses in diesel exhaust. Usually refers to an emission control devicethat includes a flow-through substrate where the surfaces that contact the exhaustflow have been catalyzed to reduce emissions of the organicfraction ofdiesel particulates, gas-phase hydrocarbons, and carbon monoxide. (23)"Diesel Particulate Filter (DPF)" means an emission control technologythat reduces PM emissions bytrapping the particles in aflowfilter substrate. Periodicallythe collected particles are either physically removed or oxidized (burned off) in a process called regeneration. (24)"Diesel Particulate Matter" means the particles found in the exhaust of diesel-fueled Cl engines. Diesel PM mayagglomerate and adsorb other species to form structures of complex physical and chemical properties. (25)"Duai-Fuel Engine" means an engine designed to operate on a combination ofalternative fuel, such as compressed natural gas (CNG) or liquefied petroleum gas (LPG), and conventional fuel, such as diesel or gasoline. These engines have two separate fuel systems, which either inject both fuels simultaneously into the engine combustion chamber orfumigate the gaseousfuel with the intake air and injectthe liquid fuel into the combustion chamber. (26) "Effective model year" or "effective engine model year" is an alternative model-year designation (see definitionof "model year") for a new replacement engine, rebuilt replacement engine, orflexibility engine when the engine does not meet. atthe time ofmanufacture, the most stringent emission tier standard for a new engine in effectforthe horsepower rating ofthe engine. When an engine is manufacturedto meet a less stringent prior-tier emissions standard than is currently in effect. the effective model year is the last yearthatthe prior-tieremission standard was in effect. Table 1 lists the tier standards that applyto TRUs and TRU gen sets and the corresponding effective model years. Table 1 Effective Model Year Prior-Tier Engine

.Tier Standard Emissions Standard Effective Years Tier 1 25-50 Ho {trailer)' 1999-2003 Tier 1 under25 Ho {truck\ 2000-2004 Tier2 25-50 Ho (trailer) 2004-2007 Tier2 under25 Ho {truck\ 2005-2007 Tier4i, 25-50 hp (trailer) 2008-2012 Effective Model Year 2003 2004 2007 2007 2012'

1 Effective model yearappliesforthis tier only afterTier4fbecomes effective in 2013 for25 to less than 50 hp engines.


### 5**~(27)** "Emergency" means any ofthefollowing times: (A) A failure or loss of normal power service that is not part of an "interruptible service contract" (see definition in subsection (d)); (B) A failure ofa facility's internal powerdistribution system, provided the failure is beyond the reasonable control ofthe operator; (C) When an affected facility is placed under an involuntary "rotating outage" (see definition in subsection (d)).**~(28)** "Emission Control Strategy" means any device, system, orstrategy employed with a diesel-fueled Cl engine that is intended to reduce emissions. Examples ofemission control strategies include, but are not limited to, particulate filters, diesel oxidation catalysts, selective catalytic reduction systems, alternative fuels, fuel additives used in combination with particulate filters, alternative diesel fuels, and combinations ofthe above.**~(29)** "Emissions Rate" means the weight of a pollutant emitted per unit oftime (e.g., grams per second).**~(30)** "Executive Officer" means the Executive Officer ofthe California Air Resources Board or his or her delegate.**~.@.1}.** "Facility" means any facility where TRU-equipped trucks, trailers, shipping containers or railcars are loaded or unloaded with perishable goods. This includes, but is not limited to, grocery distribution centers, food service distribution centers, cold storage warehouses, and intermodal facilities. Each business entity at a commercial development is a separate facility forthe purposes ofthis regulation, provided the businesses are "independently owned and operated" (see definition in subsection (d)).**~(32)** "Facility Control (ofTRUs orTRU Gen Sets)" means the TRUs orTRU gen sets located atthe facility are owned or leased bythe facility, its parent company, affiliate, or a subsidiary, or under contractforthe purpose ofproviding carrier service to the facility, and the TRUs' orTRU gen sets' arrival, departure, loading, unloading, shipping and/or receiving ofcargo is determined bythe facility, parent company, affiliate, or subsidiary (e.g scheduled receiving, dispatched shipments).**~(33)** "Fischer-Tropsch Diesel Fuel" See "ultra-low-aromatic synthetic dieselfuel". (34) "Flexibility engine" means an engine installed in new equipment by an original equipment manufacturer underthe Transitional Program for Equipment Manufacturers in accordance with title 40 Code of Federal Regulations (40 CFR) sections 89.102 and 1039.625, and title 13 CCR section 2423(d). Such engines



### 6shall usethe "effective model'year" designation for purposes ofcompliance with this subarticle. except as allowed under subsection (e)(1)(B)5.a

.

.**~(35)"Fuel** Additive" means anysubstance designed to be added to fuel orfuel

systems orother engine-related engine systems such that it is present in-cylinder during combustion and has any ofthe following effects: decreased emissions, improved fuel economy, increased performance ofthe engine; or assists diesel emission control strategies in decreasing emissions, or improving fuel economy or increasing performance ofthe engine. fd4}(36)"Generator Set (gen set)" means a Cl engine coupled to a generator used as a source ofelectricity.**~(37)"Hybrid** Cryogenic Temperature Control System" means a temperature control system that uses a cryogenictemperature control system in conjunction with a conventional TRU.**~(38)** "Independently Owned and Operated" means a business concern that independently manages and controls the day-to-day operations of its own business through its ownership and management, without undue influence by an outside entity or person that may have an ownership and/orfinancial interest in the management responsibilities ofthe applicant business or small business.**~(39)"1ntermodal** Facility" means a facility involved in the movement ofgoods in one and the same loading unit or vehicle which uses successively several modes oftransportwithout handling ofthe goods themselves in changing modes. Such

·a facility is typically involved in loading and unloading refrigerated shipping

containers and trailers to and from railcars, trucks, and ocean-going ships.**~(40)"1nterruptible** Service Contract" means any arrangement in which a nonresidential electrical customer agrees to reduce or consider reducing its electrical consumption during periods ofpeak demand or at the request ofthe System Operator in exchange for compensation, or assurances notto be blacked out or other similar non-monetary assurances.**~~"In** Use TRU, TRU gen set, or engine" means aTRU, TRU gen set, or enginethat is not a "new" TRU, TRU gen set, or engine.**~(42)** "Low Emission TRU (LETRU or L)" means aTRU orTRU gen setthat meets the performance standards described under paragraph (e)(1)(A)1. or (e)(1)(A)2. f4'4(43) "Manufacturer" means a business as defined in Government Code 

### § 14837(c).



### 7f42}(44) "Military tactical support equipment (TSE)" means equipmentthat meets military specifications, owned by the U.S. Department of Defense and/orthe U.S. military services, and used in combat, combatsupport, combat service support, tactical or relief operations, prtraining for such operations. 0-di(45) "Model Year (MY)" meansthe following: (A) The designation used for engines manufactured to meetthe emissions tier standard in effectfor new engines attime of manufacture (see alternative designation. "effective model year. defined above); and 1.0(8"-)'--__,_T_,_,h""e diesel-fueled engine manufacturer's annual production period, which includes January 1st ofa calendar year, or ifthe manufacturer has no annual production period, the calendar year. 0-41(46) "NewTRU, TRU Gen Set, or Engine" means any TRU, TRU gen set, or engine that has never been subject to a retail sale or lease to an "ultimate purchaser" (see definition in subsection (d)). {4af(47) "Nitrogen Oxide (NOx)" means compounds of nitric oxide (NO), nitrogen dioxide (NOz), and other oxides of nitrogen. Nitrogen oxides are typically created during combustion processes and are major contributors to smog formation and acid deposition.**~(48)"Non-California-Based** TRUs and TRU Gen Sets" meansTRUs and TRU gen sets that are equipped on or used in trucks, trailers, shipping containers, or railcars that a reasonable person would find to be regularly assigned to terminals outside ofCalifornia and operate in California from time to timeforthe purpose of transporting perishable goods into or out ofthe state. {471(49) "Non-methane Hydrocarbons (NMHC)" means the sum ofall hydrocarbon air pollutants except methane. NMHCs are precursors to ozone formation.**~(50)** "Operate" means to start, cause to function, program the temperature controller, select an operating program or otherwise control, fuel, monitorto assure proper operation, or keep in operation.**~.(§1}_** "Operator" means any person, partyorentity that operates a TRU orTRU gen setforthe purposes oftransporting perishable goods; excluding an employee driver and third party maintenance and repair service, and including but not limited to: (A) Manufacturer, producer, supplier, carrier, shipper, consignor, consignee, receiver, distribution center, orwarehouse ofperishable goods;



### 8(B) An individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation including but not limited to, a government corporation; (C) Any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any departmentor agency thereofto the extent permitted by law. {Wj(52) "Owner" means any person that legally holds the title (or its equivalent)

showing ownership of a TRU orTRU gen set, excluding a bank orotherfinancial lending institution, and including but not limited to: (A) Manufacturer, producer, supplier, carrier, shipper, consignor, consignee, receiver, distribution center, warehouse; (B) An individual, trust, firm, jointstock company, business concern, partnership, limited liability company, association, or corporation including but not limited to, a government corporation; · (C) Any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and thefederal government or any department or agency thereofto the extent permitted by law. f64}(53) "Owner/Operator" means a requirement applies to the owner and/or operator ofa TRU orTRU gen set, as determined by agreement or contract between the parties ifthe two are separate business entities.**~(54)** "Parent Company" means a company that has a controlling interest in

another company, usually through ownership of more than one-halfthe voting stock.**~(55)** "Particulate Matter (PM)" means the particles found in the exhaust ofCl engines, which may agglomerate and adsorb other speciesto form structures of complex physical and chemical properties.**~(56)** "Rated Brake Horsepower" means the power delivered, according to the statement ofthe engine manufacturer, atthe rated speed. (aB}(57) "Real Emission Reductions" meansthat an action is taken that results in reductions in the PM emission rate of an in-use engine (e.g. aVDECS is installed that reduced the PM emissions rate by morethan 50%). {9@1(58) "Receiver" meansthe person, party, or entitythat receives shipped goods, cargo, orcommodities.



### 9**~(59)** "Refrigerated Trailer" means a trailervan, railcar, or shipping container equipped with a TRU orTRU gen set. Pursuantto Health and Safety Code section 39618, refrigerated trailers are mobile sources and shall be regulated by the ARB on a statewide basis.**~(60)** "Rotating Outage" means a controlled involuntary curtailment ofelectrical power service to consumers as ordered by the system operator
- see definition in subsection (d). 

### {&9t@12 "Shipper" means the person, party, or entity who usually owns or supplies the commodities shipped by a carrier.**~(62)** "System Operator" means one ofthe several organizations that control energy in California. System operators include, but are not limited to, the California Independent System Operator, the Los Angeles Department ofWater and Power, the Imperial Irrigation District, the Sacramento Municipal Utility District.**~(63)** 'Terminal" means any place where a TRU orTRU gen set equipped truck, trailer, shipping container, railcar orTRU gen set is regularly garaged, maintained, operated, ordispatched from, including a dispatch office, cross-dock facility, maintenance shop, business, or private residence. fe2j(64)'Tier4 Nonroad/Offroad Emission Standards" means the emission standards and associated procedures promulgated by U.S. Environmental Protection Agency in "Control of Emissions ofAir Pollution from Nonroad Diesel Engines and Fuel; Final Rule" (Vol. 69, No. 124 Fed.Reg. pp. 38957-39273 (June 29, 2004).**~(65)** 'Transport Refrigeration Unit (TRU)" means refrigeration systems powered by integral internal combustion engines designed to control the environment of temperature sensitive products that are transported in trucks and refrigerated trailers. TRUs may be capable ofboth cooling and heating.**~(66)** "TRU Generator Set (TRU gen set)" means a generator setthat is designed and used to provide electric powerto electrically driven refrigeration units ofany

·kind. This includes, but is not limited to gen sets that provide electricityto

electrically powered refrigeration systems for semi-trailervans and shipping containers.**~(67)** "Ultimate Purchaser" means with respectto a newTRU, TRU gen set, or engine, the first personwho in good faith purchases a new TRU, TRU gen set, or engine for purposes otherthan resale.

10{Wi(68) "Ultra-Low-Aromatic Synthetic Diesel Fuel" means fuel produced from natural gas, coal, or biomass bythe Fischer-Tropsch gas-to-liquid chemical conversion process, or similar process that meets thefollowing properties: 

### Table 4-2

-- Property ASTM Value Sulfur Content (ppmw) D5453-93 <1 Total Aromatic Content (wt %) D5186-96 <1.5% PolynuclearAromatic Content (wt %) D5186-96 <0.5% Natural Cetane Number D613-84 >74 {@+1(69) "Ultra-Low Emission TRU (ULETRU or U)" means a TRU orTRU gen set that meetsthe performance standards described under subparagraph (e)(1)(A)1. ·and (e)(1)(A)2. or that uses an "alternative technology" in accordance with

subparagraph (e)(1)(A)3.**~(70)** "Verification Classification Level" meansthe classification assigned to a Diesel Emission Control Strategy by the Executive Officer as defined in the Verification Procedure, WarrantyandIn-Use Compliance Requirements forInUse Strategies to Control Emission from DieselEngines (13 CCR Sections 2700

- 2710). PM reductions correspond as follows: Level 1: ::::_25%; Level·2: :::_50%; Level 3: :::_85% or 0.01 g/hp-hr. 

## fe9tiZ1l "Verified Diesel Emission Control Strategy" (VDECS) means an emission control strategy designed primarily for the reduction ofdiesel particulate matter emissions that has been verified perthe Verification Procedure, Warranty andln-

. Use Compliance Requirements for In-Use Strategies to Control Emissions from

DieselEngines (13 CCR Sections 2700- 2710). Examples ofdiesel retrofit systems that may be verified include, but are not limited to, diesel particulate filters, diesel oxidation catalysts, fuel additives (e.g. fuel-borne catalysts), alternative fuels (e.g. dual fuel), alternative diesel fuels, and combinations ofthe above. (e) Requirements. (1) In-Use Operation: (A) In-Use Performance Standards: In accordance with the schedule setforth below in paragraph (e)(1)(B), no owner/operator shall operate aTRU or TRU gen set in California unless it meets the in-use emission category performance standards setforth below.
1. In-Use performance standard categories for TRU and TRU gen set engines with rated brake horsepower less than 25 horsepower (<25 hp) are shown in Table**-2~,** along with the engine certification standards or

11the level ofVerified Diesel Emission Control Strategy (VDECS) (see definition) that is necessary to qualifyfor each category.
Table**2~** <25 HP TRU and TRU Gen Set In-Use PM Performance Standards

.. Engine Level ofVDECS In-Use Emission Category Certification Equipped with (g/hp-hr) Low Emission TRU (LETRU or L) 0.30+,; Level2 Ultra-Low Emission TRU 

### NA'-'1 Level 3 (ULETRU or U)

a. Compliance can be achieved by:
I. Using a certified engine meeting the applicable nonroad/offroad emissions standards for all regulated pollutants and the in-use PM performance standard. Only enginesforwhich certification data and deterioration factors have been provided to ARB shall be considered when determining compliance. The Executive Officer will consider such submittals, publish, and make available a list of qualifying engines.
II. Equipping the engine with the required Level ofVDECS.
2. In-Use performance standard categories forTRU and TRU gen set engineswith rated brake horsepower greaterthan or equal to 25 horsepower (?:25 hp) are shown in Table

## J1, along with the engine certification standards orthe level ofVDECSthat is necessaryto qualify for each category. Table3,1 >25 HP TIW and TRU Gen Set In-Use PM Performance Standards

.. -"" . In-Use Emission Category Engine ·:· Level ofVDECS Certification Equipped with (g/hp-hr) Low EmissionTRU (LETRU or L) 0.22;;**~** Level2 Ultra-Low EmissionTRU 0.02 4 !1 Level 3 (ULETRU or U)

• l The Engine Certification value for the Low Emission TRU category corresponds to the "Interim" Tier4 Nonroad/Offroad Emission Standards that areto go into effect in 2008.

• 3 NotApplicable must choose another compliance optionARE! aRe U.S. EPAwill perlerm atesFmisal review iR 2007 to eval"ale DOC ermter**~see** s!aReare fer <2§ F!p sategery Re'A' eRgiRes iR 201g. Ifa mere striRgeRl "leRg teFm" level fer Rew tier 1 (as ideR!iliee iR the Tier 1 Neflroae/O#reae EmissieR SlaReares) eRgiRes is aeeptee lay U.S. EPAfertF!is F!ersepewer sategery, tF!e Beare will seRsieer adopliRg aR eRgiRe sertifisatieR iR "se perlenRaRse staReare fer UbETRU fer <2§ F!p TRUs aRe TRU geR sets. • 1The Engine Certification value for Low Emission TRU category corresponds to the "Interim" Tier4 Nonroad/Offroad Emission Standards that areto go into effect in 2008. ·


### 12a. Compliance can be achieved by:
I. Using a certified engine meeting the applicable nonroad/offroad emissions standards for all regulated pollutants and the in-use PM performance standard. Only enginesfor which certification data and deterioration factors have been provided to ARB shall be considered when determining compliance. The Executive Officer will consider such submittals, publish, and make available a list of qualifying engines.
II. Equipping the engine with the required Level ofVDECS.
3. As an alternative to meeting the ULETRU in-use performance standards in subsections (e)(1)(A)1. and 2., an owner/operator may operate a TRU orTRU gen set in California meeting one ofthe Alternative Technology options listed below. Alternative Technologies qualifyto meetthe ULETRU in-use performance standard only ifthe TRU orTRU gen set is operated underthe conditions included in the description listed below.

a. Electric standby, provided thatthe TRU is not operated underdiesel engine powerwhile at a facility, except during an emergency. b. Cryogenictemperature control systems or hybrid cryogenic temperature control systems, provided thattheTRU does not operate under diesel engine power while at afacility, except during an emergency.

c. Alternative-fueled engines (see definition in subsection (d)). Ifthe engine is a Cl engine, aVDECS is required. Note: Ifthe engine is nota compression ignition diesel fueled engine, this regulation would not apply, butthe engine may have to

. meet otheremission standards (e.g. large spark-ignited engine standards if>25 hp). d. Fuel exclusively With an alternative diesel fuel (see definition in subsection (d)) that has been verified as aVDECS, provided it is used in accordance with the requirements ofsubsection (e)(2)(A) and the alternative diesel fuel contains no conventional diesel or CARB dieselfuel.

e. Power by fuel cells. Ifa reformer is used with diesel fuel as the source of hydrocarbons, then emissions must be evaluated and verified through the Verification Procedure WarrantyandIn-Use

4 l.The Engine Certification value for the Ultra-Low EmissionTRU category corresponds to the "LoAg Term" Tier4 "final" Nonroad/Offroad Emission Standards thatwill go into effect in 2012 or 2013.


### 13Compliance Requirements forIn-Use Strategies to ControlEmissions from DieselEngines (13CCR section 2700- 2710).
f. Equip with any other system approved by the Executive Officerto not emitdiesel PM or increase public health risk while ata fadlity. (B) In-Use Compliance Dates": In-use compliance dates are based upon the engine MY oreffective MY. except as allowed undersubparagraph (e)(1)(B)5.a.
1. No owner/operator shall operate a 2001 and older model year (MY) TRU · orTRU gen set engine in California unless it meetsthe in-use performance criteria setforth in paragraph (e)(1)(A) for

a. LETRU on or before December 31, 2008, and
b. ULETRU on or before December 31,2015, as shown in Tables

### 4§. and a§.
2. No owner/operator shall operate a 2002 MYTRU orTRU gen setengine in California unless it meetsthe in-use performance criteria setforth in paragraph (e)(1)(A) for

a. LETRU on or before December 31, 2009, and
b. ULETRU on or before December 31, 2016, as shown in Tables

### 4§. and a§

. 

## .1. No owner/operator shall operate a 2003 MYTRU orTRU gen set engine in California unless it meets the in-use performance criteria setforth in subsection (e)(1)(A) for

a. LETRU on or before December 31, 2010, and
b. ULETRU on or before December 31, 2017, as shown in Tables 5 and 6. ;h 1.,_No owner/operator shall operate a**~2004** MY and subsequent MY TRU orTRU gen set engine in·California unless it meetsthe in-use performance criteria setforth in paragraph (e)(1)(A) for ULETRU on or before December 31 51 ofthe seventh year past the 

### YAWs engine's model year, as shown in Tables 4§.9 and a66

, with the following exception:7

6 Model years 2013 and subsequent (not shown in Table 5 and 6). shall meet ULETRU by December 31'1ofthe seventh year after the engine model year oreffective model year. exceptas allowed undersubparagraph (e)(1l(B)5.

14a. Less than 25 hp model year 2004 engines shall meetthe in-use performance criteria setforth in paragraph (e)(1)(A), shown in Table 5, for: 

### I. LETRU on or before December31 ,2011, and
II. ULETRU by December 31.2018.

Table 4§.: <25 HP TRU and TRU Gen Set Engines In-Use Dates

• .'_Compliance date is December 31'1ofthe compliance year shown. "MY" means model year. Black shaded areas areyearswith no requirements since in-use compliance year precedes model year

. Dark shaded areaswithout lettercodes have no requirements, pending in-use compliance date. "L" means must meet LETRU in-use performance standards. "U" means must meet ULETRU in-use performance standards. " K TRUs and TRU gen sets with MY 2003§ engines and subsequent MY engines shall be required to complywith ULETRU requirements bythe end ofthe seventh year afterthe model yearor effective model year, except as allowed undersubparagraph (e)(1)(B)5. The e><SeplieR te ihis is >2§ hp 2013**aR~ sYI:>se~YeRI**  rne<lel yeaFS, siRse these rne<lel years weYI<l rnee!IJLETRIJ iR Yse perferrnaAse**s!aA~ar<ls** as Aew**eA~iAes.** 15

### Table 5§.:**~25** 

### HP TRU and TRU Gen Set Engines In-Use Dates

5. Requirements forTRUs orTRU qen sets that are equipped with flexibility engines and operated in California.

a. Flexibility engines installed in TRUs and TRU gen sets manufactured rior to and o erated in California shall meetthe in-use performance standardsof subsection (e)(1)(A) by December 31st ofthe seventh year after the TRU orTRU qen set engine's manufacture year instead ofthe effective model year provided the TRU orTRU gen set owner registers theflexibility engine equipped TRU orTRU gen set in ARBER in accordance with subsection (e)(1}(E} byf60 davs !lfter 

### M 4

### y

### c;,,wll tl'le e#eGtive date 

### oftt.lese aFRenElmentsJ.

- · b. To allow TRU and TRU qen set owners to meetthe registration requirements ofsubparagraph (a) above, the original equipment manufacturershall by [30 

### ea•ts afterti'le e#eeti•<'e elate 

### efti'lese 

### 1-?,..,1 Go 1'1c II aFReAEIF19eAtsl:



### I. Provide the following unit and flexibility engine information to ARB in electronic format:

• 2Compliance date is December 31" ofthe compliance year shown. "MY" means model year. Black shaded areas are years with no requirements since in-use compliance year precedes model year

. Dark shaded areas without letter codes have no requirements, pending in-use compliance date. "L" means must meet LETRU in-use performance standards. "U" means must meet ULETRU in-use performance standards.

lQTRUs and TRU gen sets with MY**200~** engines and subsequent MY engines shall be required to comply with ULETRU requirements by the end ofthe seventh year after the model year or effective model year. except as allowed under subparagraPh (e)(1)(B)5

.. The e><septieA te this is =2§ hpTier4 final standards go into effect in 2013 aml**s"9se~"eAt** meael years, siAee these meEiel yearswhich would meet ULETRU in-use performance standards as Aew SA§iAes in the 25 hp to lessthan 50 hp category. Ifengines installed by original equipment manufacturers do not meet ULETRU in 2013. then subparagraph (e}(1)((A)5. applies.


### 16i. TRU orTRU gen set manufacturer; ii. TRU orTRU model name; iii. TRU orTRU gen set serial number; iv. TRU manufacture date; v. Engine manufacturer vi. Engine Family; vii. Engine manufactureyear; and viii.Engine serial number:
II. Notifythe TRU orTRU gen set owners in writing that 1. The unit they own is equipped with a flexibility orTPEM engine; and ii. The owner must register the TRU orTRU gen set that is equippedwith a flexibility engine in ARBER byfSO dave after**M~y**

### fe>,?<>J! the oUeotiwa d<e ofiill:r:lendr:PeRtsj;
Ill. Provide directly orthrough its dealers instructions and assistance on registration in ARBERto all owners ofTRUs and TRU gen sets equipped with flexibility engines that request such help. which shall include specific instructions and assistance that ensures that information entered in ARBER is consistent with what appears on the unitlabel and engine emissions label, including the model year. ·

c. Thefollowing requirements shall apply toflexibility engines installed in TRUs and TRU gen sets manufactured afterftl'le effeeti'Ve date ef 

### HClvcJ.-71"/loll tho ar:P€lr:Jdl:r:leRts.J, and operated in California: 

### I. The owner ofa TRU orTRU gen set that is operated in California shall complywith the in-use performance standards setforth in subsection (e)(1)(A) by December31st ofthe seventh year afterthe engine's effective model year. II. The original equipment manufacturershall provide the following, written disclosures to the interested ultimate purchaser ofa TRU orTRU gen setthat is equipped with a flexibility engine priorto its sale: i. The TRU orTRU gen set has a flexibility enginethat meets a less stringent emissions standard than was in effect atthe time the flexibility engine was manufactured; ii. The effective model year oftheflexibility engine; iii. Ifthe owner registers the unit in ARBER. the owner must report the effective model year ofthe engine, notthe model year ofengine manufacture, and failure to do so may result in the ownerbeing cited;

17iv. Ifthe TRU orTRU gen set is operated in California. the ownerwillbe responsible ata future dateforthe engine meeting the ULETRU in-use standard based on the effective model year ofthe engine. in accordancewith subsection (e)(1)(B). (C) Replacements Due to Failures.
1. Ifa VDECS fails within its warranty period, the owner/operator ofthe TRU orTRU gen set must replace itwith the same VDECS ora higher verification classification level, if available.
2. Ifa VDECS fails outside its warranty period and a higherverification classification level VDECS is available, then the owner/operator ofthe TRU orTRU gen set shall upgrade to the highest level VDECS required under paragraphs (e)(1)(A)1. and (e)(1)(A)2. that is determined to be cost-effective bythe Executive Officer. (D) In-Use Recordkeeping and Reporting. In-use recordkeeping and reporting shall be completed by the operator in accordance with the requirements of subsection (f)(1). (E) ARB Identification Numbering Requirements. Identification numbers will be issued to help expedite the inspection procedure and prevent shipping delays.
1. California-based TRUs and TRU gen sets:

a. On or before January 31, 2009, owner/operators ofall Californiabased TRUs and TRU gen sets subjecttothis regulation shall apply for an ARB identification numberfor all California-based TRUs or TRU gen sets operated bytheoperator by submitting an application that includesthe information listed below.
I. Operator name, address, and contact information forthe responsible official (e.g. phone number, email address, fax number).
II. Owner name, address, and contact information (ifotherthan operator).
Ill. TRU orTRU gen set make, model, model year, and serial number.
IV. TRU engine make, model, model year, and serial number.



### 18

### V. Terminal orterminals that the TRU-equipped truck ortrailer is assigned to, with address and contact information. VI. Other associated identification numbers, which may include (as applicable): i. Vehicle Identification Number (VIN) ofthe TRU-equipped truck ortrailer. ii. Vehicle license number ofthe TRU-equipped truck ortrailer. iii. Railcar recording mark and car number. iv. Shipping container number (for TRU-equipped shipping containers only).

v. Company equipment number (ifany);
VII. Compliance statuswith paragraph (e)(1)(A) requirements. If compliance notas-yet required, mark N/A.

1. 

### Date when compliance was achieved. ii. Whatperformance standard was met (e.g. LETRU or ULETRU). iii. How compliance was achieved (e.g. new compliantTRU, TRU engine replacement, or description ofVDECS thatwas used). iv. Identifywho did the installationwork (if applicable). b. Applications shall be submitted by one ofthe following methods: I. Mail ordeliver a physical reportto ARB atthe address listed immediately below: California Air Resources Board Stationary Source Division (TRU) · P.O. Box 2815 Sacramento, CA 95812 II. Electronically submitthrough ARB's web site. The web address will be identified in an advisory.

c. TRUs and TRU gen sets added to an operator's TRU operations after January 31, 2009 shall be brought into compliance with subsection

19(e)(1)(E). An application shall be submitted to ARB within 30 days of the unitentering the operator's control:
I. Requesting an ARB 

### 1.0. numberfor a newTRU orTRU gen set thatwas not previously numbered, or II. Requesting a change in owner or operator (or other pertinent application information) for used equipmentthat already has an ARB 

### 1.0. number. d. Failure to apply or submittal offalse information is a violation ofstate law subject to civil penalty.

e. On or before February 1, 2009, the Executive Officer shall begin issuing identification numbers to TRU and TRU gen set operators for each unit based in California for which a complete application has been filed. The numberwill include a 2-digit prefixfor model year (e.g. 2001 model yearwould have a prefix 01); a 6-digit serial number; a check-digit, and a letter indicating compliance status with in-use performance standards (either "L" or "U"). In the eventthat an operator applies for an early compliance certificate in accordance with subsection (e)(1)(F), ARB will also issue a certificate which acknowledges early compliance per (e)(1)(F)3.
f. Within 30 days of receipt ofthe ARB-issued identification number, owner/operators shall permanently affixor paintthe identification numberon the TRU orTRU gen set chassis housing in clear view according to the following specification:
I. The ARB identification number shall be preceded bythe letters 

### "ARB".
II. Letters and numbers shall contrast sharply in .colorwith the color ofthe background surface on which the letters are placed.


### Ill. The location ofthe 

### 1.0. number shall be as follows:

1. Truck and trailerTRUs- both sides ofTRU chassis housing.
ii. Rail car and shipping containerTRUs- both sides ofthe TRU.
iii. TRU gen sets
- both sides ofgen set housing.
IV. Letters and numbers shall be readily legible during daylight hours, from a distance of50 feet (15.24 meters) while unit is stationary.

20V. Marking shall be kept maintained in a mannerthat retains the legibility required by the subparagraph immediately above.
2. Non-California-based TRUs and TRU Gen Sets:

a. Operators of non-California-based TRUs and TRU gen sets may voluntarily applyfor ARB identification numbers forTRUsthat are based outside ofCalifornia but operate within California during the normal course of business. Non-California-based operators may voluntarily submitthe same application information listed above in subparagraph (e)(1)(E)1.a., above, using the same methods of submittal listed in subparagraph (e)(1)(e)1.b., above. Upon application approval, ARB would issue identification numbers to the operator in accordance with subparagraph (e)(1)(E)1.e., above. The non-California-based operatorwould then permanently affix or paint the identification number on the TRU or TRU gen set chassis in clear view, in accordance with (e)(1)(E)1.f., above. (F) Early Compliancewith LETRU In-Use Performance Standards.
1. For2002 and older MY TRU and TRU gen set engines, operators or owners that meetthe LETRU**in~use** performance standard earlierthan required in paragraph (e)(1)(B) may apply to the Executive Officerfora delay in the l,JLETRU in-use performance standard. Except as provided below, early compliance would be achieved through any ofthe options available in paragraph (e)(1)(A). a. This delay would not be available to the operator or owner ifthe engine manufacturer ofthe replacement engine is using the early compliancewith engine emissions standards in U.S. EPA's Averaging, Banking, and Trading Program (or California's equivalent program). b. Early compliance is conditioned upon real emission reductions (refer to definition in sub section (d)) occurring earlierthan the applicable compliance deadline. ·
c. This delay may not be available to the operator or owner ifpublic funds were used for early compliance. The applicant shall disclose whether publicfunds were used for any portion ofearly compliance and what program the funding came from.
2. Early LETRU compliance with real emission reductions would allow specific units to delay compliance with ULETRU in-use performance standards by up to three years, according to the rounding conventions and examples listed below.



### 21a. Each year ofearly compliance with the LETRU in-use performance standards would be rewarded with 1year delay in the ULETRU inuse performance standard. 

### I. One full year early compliance qualifiesfor onefull year delay in meeting ULETRU compliance.
II. Two full years early compliance qualifiesfortwo full years delay in meeting ULETRU compliance. 

### Ill. Three full years early compliance qualifiesforthree full years delayin meeting ULETRU compliance.
b. A partial year of early LETRU compliance would be rounded to the nearestfull yearforthe delayed ULETRU requirements. 

### I. Early LETRU compliance of 183 days or more in a calendaryear would counttoward a one year ULETRU delay. · II. Early LETRU compliance of 182 days or less in a calendar year would not counttoward a ULETRU delay.
3. Upon receipt ofan application to delay ULETRU compliance, the Executive Officer shall determine ifthe application demonstrates early compliance with LETRU in-use performance standards in accordance with subsection (e)(1 )(F)1., and ifthe application is approved, shall delay the in-use ULETRU compliance datefor specificTRUs and TRU gen sets operating in California in accordance with subparagraph (e)(1)(F)2. 

### 4. · Upon approval ofthe application, ARB shall issue a certificate and ARB identification number in accordance with subsection (e)(1)(E)1.e. which acknowledges early compliance with LETRU requirements and discloses the number ofyears delay granted, and resulting ULETRUcompliance date. 

### 5. The operatorshall maintain a legible copy ofthe certificate in a watertight sleevemounted insidethe TRU orTRU gen set chassis housing. The operator shall paintthe identification number in clear view in accordance with subsection (e)(1)(E)1.f. on the specificTRU orTRU gen setthatwas granted the compliance extension. (2) Fuel Requirements. (A) Operators Choosing to Use Alternative Diesel Fuels. Operators choosing to use alternative diesel fuels in compression ignition TRU and TRU gen set engines to meetthe requirements ofsubsection (e)(1) shall:

221. Maintain records in accordance with subsection (f)(1)(B) ofthis regulation.
2. Use only fuel that is aVDECS alternative diesel fuel that contains no conventional diesel or GARB diesel fuel in TRUs orTRU gen sets operated in California.
3. Permanently affix a label in clear view nearthe fill spoutthat identifies the properfuel that is required to be in compliance.
4. In the eventthatthe operatordecides to revert to using conventional diesel or GARB diesel fuel, the operator shall complywith the requirements ofsubsection (e)(1) within 10 days ofdiscontinuation of alternative diesel fuel use. Within 10 days ofdiscontinuation, the operator shall riotify the Executive Officer in writing ofthis change in fuel use and shall include an update to any ARB 

### I.D. number application or annual report submitted to comply with subsections (e)(1)(E), (e)(1)(F), or (f)(1). (B) Operatorsthat RetrofitTRUs orTRU Gen Setswith a VOECS. Operators that retrofitTRUs orTRU gen setswith aVDECS that requires certain fuel properties to be met in orderto achieve the required PM reduction or PM emissions shall onlyfuel the subjectTRU orTRU gen set with fuel that meets these specifications when operating in the state of California. In addition, operators that choose a VDECS that requires certain fuel properties to be met in order to prevent damageto the VDECS or an increase in toxic air contaminants, other harmful compounds, or in the nature ofthe emitted PM shall only fuel the subject TRU orTRU gen set with fuel that meetsthese specifications. (f) Monitoring, Recordkeeping, and Reporting Requirements. (1) TRU and TRU Gen SetOperator Recordkeeping and Reporting. (A) Operator Reporting. 1. All operators subject tothis regulation shall submit an Operator Report to ARB by January 31, 2009 that shall include the following information:

a. Operator name, address, and contact information forthe responsible official (phone number, email address, fax number).
b. List ofall terminals owned or leased by the operator located within California, with address, phone number, and terminal contact name.

c. TRU and TRU gen set inventory information for each TRU and TRU gen set based in California that is owned or leased bythe operator·

23

### I. TRU or gen set make, model, model year, and serial number. II. TRU owner, and ifotherthan operator, owner name, address, and contact. Ill. Engine make, model, model year, and serial number. IV. Terminal(s) thatthe TRU is assigned to. V. ARB TRU orTRU gen set identification number, ifalready issued. Ifthe ARB identification number has not been issued or there has been a change in the other identification numbers listed below since the prior annual report, then provide thefollowing identification numbers (as applicable):

1. 

### Vehicle Identification Number. ii. Vehicle license number. iii. Railcar recording mark and car number. iv. Shipping container number (for TRU-equipped shipping containers only).

v. Company equipment number. VI. Compliance status with paragraph (e)(1)(A) requirements.
2. The Operator Report shall be updated within 30 days when changes to any ofthe above operator information occur.

a. 

### Operator Reports shall be submitted by one ofthe following methods: I. Mail or deliver a physical report to ARB atthe address listed immediately below: · California Air Resources Board Stationary Source Division (TRU) P.O. Box 2815 Sacramento, CA 95812 II. Electronically submitthrough ARB's web site, The web a<:;ldress will be identified in an advisory. 3. Failure to report or submittal offalse information is aviolation ofstate law subjectto civil penalty.



### 24(B) Alternative Diesel Fuel Use and Fuel Additive Recordkeeping and Reporting.
1. Operatorsthat choose a compliance pathwaythat involves the use of alternative diesel fuel in accordance with subparagraph (e)(1)(A)3.d. (e.g. B100 biodiesel fuel or ultra-low-aromatic synthetic diesel fuel) and/or a VDECS that includesthe use ofa fuel additive (e.g. fuel-borne catalyst) shall maintain records that documentexclusive use ofthe chosen fuel or additive for each affected Cl engine and hours of operation. Appropriate records would be copies of receipts or invoices of appropriatefuel and/orfuel additive and daily operating hour logs.
2. Records shall be kept available for a minimum ofthree (3) years and shall be compiled and made available to the ARB upon request.
3. Failure to keep records orsubmittal offalse information is a violation of state law subjectto civil penalty._ (2) Facility Monitoring, Recordkeeping, and Reporting. (A) Facility Reporting. All facilities subjecttothis subsection shall submit a Facility Report to ARB byJanuary 31, 2006, containing the following information, as of December 31, 2005: 1. Contact information forthe facility's responsible official.
2. Provide all North American Industrial Classification System codes (NAICS) applicable tothe facility.
3. The numberofloading dockdoors serving refrigerated sto"rage space. 4. The numberofsquare feet of refrigerated storage space.
5. The numberofTRUs orTRU gen sets underfacility control by model year and horsepower category.
6. The numberofrefrigerated trucks, trailers, shipping containers, or railcars leased or rented.


### 7. Thetotal annual TRU engine operating hoursfor all TRUs orTRU gen sets underfacility control during 2005 (e.g. total TRU engine operating timefor both on-road and off-road operations). 

### 8. The average weekly number of inbound refrigerated trucks, trailers, shipping containers, and railcars delivering goodstothefacility during 2005, calculated by dividing the annual total inbound refrigerated loads by 52.

259. The average weekly number ofoutbound refrigerated trucks, trailers, shipping containers and railcars delivering goodsfrom the facility during 2005, calculated by dividing the annual total outbound refrigerated loads by 52.
10. The average total number of hours perweekthatoutbound TRU orTRU gen setengines operate while atthe facility during 2005. Average TRU orTRU gen setengine operating time atfacility for outbound refrigerated loads may be used ifthe result is representative ofthe outbound TRU or TRU gen set operations atfacilities, as determined by the Executive Officer. Average values would be determined for outbound loads based on recordkeeping, conducted in accordancewith subparagraph (f)(2)(B)2., and applied to the total annual number of refrigerated outbound loads, and then weekly averages calculated as follows: Average TRU orTRU gen set engine operating time per outbound refrigerated load multiplied bythetotal annual number of outbound loads, divided by 52 weeks equals the average total number of hours per week that outbound TRU orTRU gen set engines operate while atthe facility.
11. The average total number of hours perweek that inbound TRU orTRU gen set engines operate while atthe facility during 2005. Average TRU orTRU gen setengine operating time atfacility for inbound refrigerated loads may be used ifthe result is representative ofthe inbound TRU or TRU gen set operations atfacilities, as determined by the Executive Officer. Average values would be determined for inbound loads based on recordkeeping, conducted in accordancewith subparagraph (f)(2)(B)2., and applied to the total annual number of refrigerated .inbound loads, and then weekly averages calculated as follows: Average TRU or TRU gen set engine operating time per inbound refrigerated load multiplied by the total annual number of inbound loads, divided by 52 weeks equals the average total number of hours perweek that inbound TRU orTRU gen set engines operate while atthefacility.
12. The number of refrigerated trailers (as defined) that are used atthe facility for cold storage, thetotal annual number of hours ofTRU engine operation associated with these refrigerated trailers, and the total annual number of hours of operation using electric standby associated with these refrigerated trailers.
(B) Recordkeeping.
1. Recordkeeping that substantiates the information reported in the Facility Report shall be maintained and shall be compiled and made availableto State inspectors upon requestfor a minimum ofthree (3) years.



### 262. The Executive Officer may approve alternative recordkeeping and calculation procedures for determining the average weekly hours ofTRU engine operation at afacility for inbound and outbound refrigerated loads, provided the Executive Officerfinds that the alternative procedures meet the intent ofsubparagraph (f)(2). (C) Facility Report Submittals. Facility Reports shall be submitted by one of the following methods:
1. Mail or deliver a physical report to ARB atthe address listed immediately below: California Air Resources Board Stationary Source Division (TRU) P.O. Box 2815 Sacramento, CA 95812
2. Electronically submit through ARB's web site. The web address will be identified in an advisory. (D) Failureto report or submittal offalse information. Failure to report or submittal offalse information is a violation ofstate law subject to civil penalty. (3) Original Equipment Manufacturer Reporting (A) Current Production Reports: Beginning [30 elavs afterttcle**~cti~'€l** date 

### gfttcle**~~f·**\ 

### G. 1?-oll aRleAElRlentJ. and by January 

### 1st and June 

### 30th ofeach calendaryear thereafter, TRU and TRU gen set original equipment manufacturers shall provide to ARBthe information listed belowfor all TRUs and TRU gen sets that will be manufactured and marketed for sale inthe following markets: California, United States, Canada, and Mexico. The following data shall be provided for TRUs and TRU gen sets thatwill be produced duringthe six-month period following the report due date for each market area: 1. TRU orTRU genset manufacturerand model name, as it appears on the unit label; and
2. The following engine information for each TRU orTRU gen set model:

a. Engine manufacturer; b. Engine model, as it appears on the engine emissions label; c. Engine model, as it appears on the serial number label, ifdifferent; d. Engine Family; e. Rated horsepower and rated speed; f. Displacement (liters);



### 27g. Exhaust Emissions Control System h. Tier standard met i. ARB's Executive Orderthatthe engines are manufactured under
3. Current Production Reports shall be submitted by one ofthefollowing methods:

a. Mail ordelivera physical report in electronicformatto ARB atthe address listed immediately below: California Air Resources Board Stationary Source Division (TRU) 1001 I Street Sacramento, CA 95814 b. Electronically submitto ARB's TRU Program via email at: tru@arb.ca.gov
4. Original equipment manufacturersthat produce less than 100 TRUs or TRU gen sets per calendaryear may submit Current Production Year Reports within ten days of installing the first engine in a production run of a new model. (B) Prior Production Reports:
1. Prior unit and engine data. TRU and TRU gen set original equipment manufacturers shall: 

## A 'I ...,_ 1

. pr. 

## c,l....,,
a. By {30 eltH8 after tl 

### 1e effective

# ele~o efthis

# effieAEIFRel'l~vide a production report toARB with the information listed below in subparagraph 3Jorthe previous five calendar years for each TRU or TRU oen set oroduced for sale in California North America. Canada and Mexico; or b. Ifthe TRU orTRU gen set original equipment manufacturer elects not to providethe information in subparagraph (f)(3)(B)1.a., then within 30 days ofanyrequestfrom ARB, the TRU orTRU gen set original equipment manufacturer shall provide a production reportto ARB with the information listed below in subparagraph 3 forthe unit and engine serial numbers provided in ARB's request.
2. Monthly production reports. TRU and TRU gen set original equipment manufacturers shall either: A\'f•

### 1 t,. 1

### 1o

### rl

a. Beginning f30 ele'vs aftertile effective date 

### oftnis an•eJJdJii4. provide bythe .15th ofeach calendar month, a monthly production report to



### 28ARB with the information listed below in subparagraph 3 for the previous calendar month foreachTRU orTRU gen set produced for sale in California. North America. Canada. and Mexico; or b. As an alternative, the TRU orTRU gen set original equipment manufacturer may request reporting that is equivalentto and at least as effective as subparagraph (f)(3)(B)2.a

.. immediately above. subject to Executive Officerapproval.
3. Original equipment manufacturers shall provide the following information for each TRU and TRU gen set: a. TRU orTRU gen set model name, as it appears on the unit label b. TRU orTRU gen set serial number c. Engine manufacturer d. Engine model, as it appears on the engine emissions label e. Engine model, as it appears on the serial number label. ifdifferent; f. Engine Family g. Engine serial number h. Rated horsepower and rated speed i. Tier standard met
4. Prior Production Reports and Flexibility Engine Reports shall be submitted on CD or DVD to: California Air Resources Board Stationary Source Division (TRU) 1001 I Street Sacramento, CA 95814 (C)Confidentiality ofcurrent and priorproduction reports. TRU and TRU gen set original equipment manufacturers maydesignate current and prior production report information as confidential ortrade secret. and such information will be handled in accordance with title 17. CCR, section 91000. (g) 

### Prohibitions. (1) No person who is engaged in this State in the business ofselling to an ultimate purchaser, or renting or leasing new or used TRUs orTRU gen sets, including, but not limited to, manufacturers, distributors, and dealers, shall intentionally or negligently import, deliver, purchase, receive, or otherwise acquire a new or used TRU orTRU gen set engine that does not meetthe performance requirements oralternatives setforth in section (e)(1) above. (2) No person who is engaged in this State in the business ofselling to an ultimate purchaser new or used TRU orTRU gen set engines, including, but not limited to, manufacturers, distributors, and dealers, shall sell, orofferto sell, to an



### 29ultimate purchaser who is a resident ofthis State or a person that could reasonably be expected to do business in this State a new or used TRU orTRU gen set engine thatdoes not meetthe performance requirements or alternatives setforth in section (e)(1) above. (3) No person who is engaged in this State in the business of renting or leasing new or used TRU orTRU gen set engines, including, but not limited to, manufacturers, distributors, and dealers, shall lease, offerto lease, rent, or offer to rent, in this state any newor used TRU orTRU gen set engine that does not meetthe performance requirements or alternatives setforth in section (e)(1) above. (4) Operators of affected facilities and operators ofaffected TRUs and TRU gen sets are prohibited from taking actionto divert affected TRUs to alternative staging areas in orderto circumventthe requirements ofthis section. 

### (h) Penalties. (1) All persons, as defined in section 19 ofthe Health and Safety Code, found to be in violation oftitle 13, CCR, section 2477 may be cited and subjectto the penalty provisions set forth in Health and Safety Code sections 39674, 39675, 42400 et seq., 42402 et seq., and 42410.

NOTE: Authority cited: sections 39600, 39601, 39618, 39658, 39659, 39666, 39667, 39674, 39675, 42400 et seq.,42400.1, 42400.2, 42400.3.5, 42402 et seq., 42402.2. 42410, 43013 and 43018, Health and Safety Code. Reference: gsections 39618, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, etseq., 42400.1. 42400.2. 42400.3.5, 42402 et seq., 42402.2, 42410, 40717.9, 43013 and 43018, Health and Safety Code.

30