State of California

AIR RESOURCES BOARD

Notice of Public Availability of Modified Text

PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE

AIRBORNE TOXIC CONTROL MEASURE FOR IN

- USE DIESEL

- FUELED TRANSPORT REFRIGERATION UNITS (TRU) AND TRU GENERATOR SETS, AND

FACILITIES WHERE TRUs OPERATE

Public Hearing Date: October 21, 2011 Public Availability Date: February 28, 2012

Deadline for Public Comment: March 14, 2012

At its October 21, 201 1

, public hearing, the Air Resources Board ( ARB or Board ) considered proposed amendments to the Airborne Toxic Control Measure (ATCM) for

In

- Use Diesel

- F ueled T ransport R efrigeration U nits (TRU) and TRU G enerator S ets

, and F acilities W here TRUs O perate (TRU ATCM)

, title 13

, California Code of Regulations section 2477 and adopted new sections 2477.1, 2477.2, 2477.3, 2477.4,

2477.5

, 2477.6, 2477.7, 2477.8, 2477.9, 2477.10, 2477.11, 2477.12, 2477.13, 2477.14,
2477.15, 2477.16, 2477.17, 2477.18, 2477. 19, 2477.20, and 2477.21 , which are designed to provide flexibility, improve enforceability, improve compliance rates, and clarify existing requirements. At the hearing, the Board adopted Resolution 11

- 35 that

covered the amendmen t to section 2477 and the proposed adoption of sections 2477.1
to 2477.21, that were initia lly proposed by staff and described in the Notice of Public Hearing (45

- Day Public Notice) and Staff Report, which w ere initially published on August 31, 2011. M odi fications were suggested by staff in a document entitled “Staff’s Suggested Modifications to the Original Proposal” that was distributed at the hearing

and that was Attachment B to the Resolutio n. 1

In accordance with Government Code section 11346.8, the B oard directed the

Executive Officer to adopt the amendment to the California Code o f Regulations, title17,

section 2477, and to adopt new sections 2477.1 to 2477.21, as proposed by staff, and

to determine if additional modifications to th e originally propo sed amendment and adoption of sections 2477.1 to 2477.21 are appropriate, and if the Executive Officer does so determine, to make the modified regulatory language available for public comment for a period of 15 days before taking final action to adopt the amendments. The Board further provided that the Executive Officer shall consider such written comments as may be submitted during this period, shall make modifications as may be appropriate in light of the comments received, and shall present the regulati ons to the

Board for further consideration if warranted.

1 This document was inadvertently identified as Attachment D to Resolution 11

- 35 at the October 21, 2011 public hearing, but the text of this document clearly indicates that it presents staff’s suggested modifications to the originally proposed amendments to the regulatory text set forth in Appendix A to the Staff Report: Initial Statement of Reasons ( released August 31, 2011 ).2 Resolution 11

- 35 further directed the Executive Officer to prepare and approve written responses to comments received, including comments raising significant environmental issues, as required by Government Code section 11346.9, Public Resource Code section 21080.5(d)(2)(D), and the California Code of Regulations , title 17, section 60007, to determine whether there are feasible alternatives or mitigation measures that

could be implemented to reduce or eliminate any potential adverse environmental impacts, to make findings as required by Public Resources Code section 21081 if the proposed amendments would result in one or more significant adverse environmental impacts, and to tak e final action to adopt the proposed amendment to, and proposed adoption of California Code of Regulations , title 13, sections 2477 to 2477.21, as modified in the publicly noticed 15

- day changes.

The regulatory documents for this rulemaking , including Res olution 11

- 35, are available online at the following ARB web site:

http://www.arb.ca.gov/regact/2011/tru2011/tru2011.htm

This notice is an announcement of the opening of a 15

- day comm ent period in which the public may provide comments on proposed modifications to the Transport Refrigeration Unit regulation.

Summary of Proposed Modifications

Attachment 1 to this notice contains the text of title 13, California Code of Regulations

sec tions 2477, 2477.1, 2477.2, 2477.3, 2477.4, 2477.5

, 2477.6, 2477.7, 2477.8, 2477.9,
2477.10, 2477.11, 2477.12, 2477.13, 2477.14, 2477.15, 2477.16, 2477.17, 2477.18,
2477.19, 2477.20, and 2477.21 that shows the proposed 15

- day modifications to the originally proposed amendments to section 2477 and the proposed adoption of sections

2477.1 to 2477.21 of the TRU ATCM.

I. Modifications to Regulatory Text of title 13, California Code of Re gulations (CCR) sections 2477 through 2477.21 Being Made Available for Comment

A. Requirements f or Owners or Operators [13 CCR s ection 2477.5]

1. In section 2477.5(g)(3), subparagraph (C) was added to provide an

addition al means to submit an application to the Executive Officer electronically through ARB’s ARBER website.

2. In section 2477.5 (j) (1) (C) , subparagraph 3. was added to provide

an addition al means to submit an application to the Executive Officer electronically through ARB’s ARBER website.3 3. In section 2477.5(k) (1)(A) 6., subparagraph c. was added to provide

an addition al means to submit an application to the Executive Officer electronically through ARB’s ARBER website.

4. In section 2477.5(k) (1)(A) , subparagraph 7

. was added to require TRUs and TRU gen sets to be registered in ARBER under section 2477.5(e) if the owner chooses to apply for a compliance extension

because there is no suitable compliance technology available

. Registration provides a way to track these units in ARBER while a compliance extension is in effect

, and provides a mechanism for an inspector to check ARBER and determine that a citation for noncompliance should not be issued if an extension is in effect . In addition, registration provid es for ve rification that compliance has

been achieved after the extension has expired.

5. In section 2477.5(l) (1)(C) 5., subparagraph c. was added to provide

an additional means to submit an application to the Executive Officer electronically through ARB’s ARBER website.

6. In section 2477.5(m)(1)(G), subparagraph 3. was added to provide

an additional means to submit an application to the Executive Officer electronically through ARB’s ARBER website.

7. In section 2477.5(n)(1)(E), subparagraph 3. was added to pro vide

an additional means to submit an application to the Executive Officer electronically through ARB’s ARBER website.

B. Requirements for TRU and TRU Gen Set Original E quipment Manufacturers [13 CCR s ection 2477.13]

1. Section 2477.13(a)(3) has been mod ified to require the original equipment manufacturer (OEM) to provide a written disclosure to be shipped with the TRU or TRU gen set if a TRU or TRU gen set is equipped with a flexibility engine

. The modification also requires

the OEM to instruct the deal er that sells the TRU or TRU gen set

that they are required by California law to notify the ultimate purchaser of this disclosure prior to sale

, and to pass th e OEM

- provided written disclosure to the ultimate purchaser at point

of sale. The originally proposed amendment required the OEM to provid e a written disclosure to the ultimate purchaser prior to sale of a TRU or TRU gen set that is equipped with a flexibility engine

. An OEM provided comments during the 45

- day public comment period that they do n ot sell TRUs and TRU gen sets directly to most ultimate purchaser s and therefore do not have an opportunity to directly provide a written disclosure to most ultimate purchaser s4 prior to sale . Instead, the OEM’s dealers sell TRUs and TRU gen

sets to most u ltimate purchaser s and would therefore have direct

contact with the se ultimate purchaser s and be able to provide the required notification. This modification therefore accommodates

OEMs such as the commenter.

2. New s ection s 2477.13(c)(2) (D) and 2477.13 (c)(3)(D) ha ve been

add ed , which allow TRU or TRU gen set OEM s to request Executive Officer approval of an alternative web

- based , on

- line

look

- up system to provide registration information to TRU and TRU
gen set owners . The Executive Officer must find the alternative to be at least as effective as the originally proposed amendment, which required the OEM to provid e a registration information

document with each new TRU or TRU gen set. An OEM suggested this approach during the 45

- day public comment period b ecause its system is not compatible with the originally proposed amendment.

C. Requirements for TRU, TRU Gen Set, and TRU

- Equipped Truck and Trailer Dealers [13 CCR s ection 2477.14]

1. Section 2477.14(a)(1) was modified to require dealers to provide a print

- out of the registration information from the OEM’s web

- based

look

- up for a new TRU or TRU gen set if the OEM does n o t provide the registration information document with the new TRU or TRU gen set and instead obtains approval from the Executive Officer for the alternative under section 2477.13(c)(2)(D) to provide registration information through a web

- based look

- up.

2. Section 2477.14(a)(2) was modified to require dealers to provide a print

- out of the registration information from the OEM’s web

- based

look

- up for a new replacement engine or rebuilt replacement engine

if the OEM does n o t provide the registration information document with the new replacement engine or rebuilt replacement engine and

instead obtains approval from the Executive Officer for the alternative under section 2477.13(c)(3)(D) to provide registration information through a web

- based look

- up.

3. New section 2477.14(a)(4) has been added to require TRU and TRU gen set d ealers to notify the ultimate purchaser, prior to sale,

of the OEM’s disclosure that a new TRU or TRU gen set is equipped with a flexibility engine

. The modification also requires

dealers to pass the OEM’s written disclosures , under section 2477.13(a)(3), that the TRU or TRU gen set is equipped with a flexibility engine , to the ultimate purchaser at point of sale. This requirement is related to and consistent with the modification5 described in B.1., above , and therefore meets the Board’s direction
to prop ose additional conforming modifications for comment and adoption

.

II. Other Minor Changes

ARB staff is also proposing the following minor changes.

A. Exemptions [13 CCR s ection 2477.3]

1. Subsection (d) included an incorrect reference to “subsection

2 477.5(o) ” and has been corrected to read “subsection 2477.5(j). ”

B. Requirements f or Owners or Operators [13 CCR s ection 2477.5]

1. In section 2477.5(a)(2), a double underline was added to the subparagraph outline heading “(A)” because the underline was omitted in the original version.

2. In section 2477.5(b)(3), a double underline was added to subparagraph outline headings “(A)” and “(B)” because the underline was omitted in the original version.

3. In section 2477.5(b)(4)(A), a double underline was added to subparagraph outline headings “1.” and “2.” because the underline was omitted in the original version.

4. In section 2477.5(b)(5)(B), a double underline was added to subparagraph outline heading “1.” because the underline was

omitted from the ori ginal version.

5. In section 2477.5(d)(3)(A), the subparagraph numbering was corrected by deleting the numerical outline headings “(1)” through “(6)” and replacing them with numerical outline headings “1.” through “6.” because the wrong outline hierarchy was used for this

list.

6. In section 2477.5(d)(3)(B), the subparagraph numbering was corrected by deleting the numerical outline headings “(1)” through “(7)” and replacing them with n umerical outline headings “1.”

t hrough “7.” because the wrong outline hierarchy was used for this

list.

7. In section 2477.5(e)(1)(B), a double underline was added to the subparagraph outline heading “1.” because the underline was6 omitted from the original version.

8. In section 2477.5(g)(2), the second instance of subpara graph (E) was corrected to be subparagraph (F).

9. In section 2477.5(h)(1), “Owner/Operator” was capitalized (lowercase letters “o” was replaced with uppercase letters “O”) to be consistent with section title formatting requirements.

10. In section 2477. 5(h)(1)(D), at the end of the last sentence, a comma and space were placed between “2477.5(e)” and “2477.5(f)”.

11. In section 2477.5 (j)(1)(G), the numbering of subparagraph 3. was corrected to be subparagraph 2.

C

. Requirements for Cal ifornia

- Based Shi ppers [13 CCR s ection 2477.10]

1. In section 2477.10(a), a duplicate “that” was deleted.

D. Requirements for Cali fornia

- Based Receivers [13 CCR s ection 2477.11]

1. In section 2477.11(a), a duplicate “that” was deleted.

E. Requirements for TRU and TRU Gen Set Original Equipment Manufacturers [13 CCR section 2477.13]

1. In section 2477.13(b)(1)(B), a double underline was added to the subparagraph outline heading “3.” because the underline was omitted from the original version.

2. In section 2477.13(b)( 2)(C), subparagraph heading number “9.” was added because it had been incorrectly struck out in the earlier

version.

3. In section 2477.13(d), change the word “disclose” to “disclosure.”7 Submittal of Comments

Written comments will only be accepted on the modifications describ ed in this notice

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 f or the California Relay Service.

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

oficina de l Secretario del Consejo de Recursos Atmosféricos a l (916) 322

- 5594 o envíe

un fax a l (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.

Attach ment

The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand an d cut your energy costs, see ARB’s w ebsite at www.arb.ca.gov

.ATTACHMENT 1

15

- Day Modifications to the Original Proposal

MODIFICATIONS TO THE PROPOSED AMENDMENTS TO TH E

AIRBORNE TOXIC CONTROL MEASURE FOR IN

- USE DIESEL

- FUELED

TRANSPORT REFRIGERATION UNITS (TRU) AND TRU GENERATOR SETS, AND

FACILITIES WHERE TRUs OPERATE

Shown on the following pages are the proposed modifications to the originally proposed regulatory te x t set forth in Appendix A of the Staff Report: Initial Statement of R easons, which was released August 31, 2011. All originally proposed regulatory language is

shown in underline to indicate additions and strikeout to indicate deletions. The proposed modifications to the original proposal are shown in double underlin e to

indicate additions and double strikeout to indicate deletions. Text that is both single underlined and double struck through is text that staff proposed during the 45

- day public notice period but later retracted as part of this 15

- day public notice p eriod.

Various portions of the regulation that are not modified by staff’s suggested modifications are omitted from the text shown and indicated by:

* **** *This page left intentionally blank3 Airborne Toxic Control Measure for In

- Use Diesel

- Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate

____________________________________________________________________

Amend article 8, Off

- Road Airborne Toxic Cont rol Measures, and s ection 2477 and adoption of sections 2477.1, 2477.2, 2477.3, 2477.4, 2477.5, 2477.6, 2477.7, 2477.8,
2477.9, 2477.10, 2477.11, 2477.12, 2477.13, 2477.14, 2477.15, 2477.16, 2477.17, 2477.18, 2477.19, 2477.20, and 2477.21, within division 3, chapter 9, title 13, California Code of Regulations (CCR) , to read as follows:

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 Ge nerator Sets, and Facilities Where TRUs Operate.

******

(c) 2477.3 Exemptions

.

******

(d) TRUs that are used during an emergency (as defined) are exempt from the in

- use performance standards of section 2477.5(a) of this subarticle, provided the requirements of subsection 2477.5( o j ) are met. This exemption expires on January 1, 2025. California

- based TRUs are not exempt from the ARBER registration requirements in section 2477.5(e).

******

(e) 2477.5 Requirements for Owners or Owner/Ope rators

.

* **** *

(A) (a) In

- Use Performance Standards:

******

2. (2) In

- Use performance standard categories for TRU and TRU gen set engines with rated brake horsepower greater than or equal to

25 horsepower ( > 25 hp) are shown in Table 4, along with the engine certification standards or the level of VDECS that is necessary to qualify for each category.

******4 a

. (A) Compliance with the in

- use performance standards can be achieved by:

******

(B) (b) In

- Use Compliance Dates :

******

3. (3) No owner or owner/operator shall operate a 2003 MY TRU or TRU gen set engine in California unless it meets the in

- use performance criteria

set forth in subsection (e)(1)(A) 2477.5(a) for

a. (A) LETRU on or before December 31, 2010, and

b. (B) ULETRU on or before Decemb er 31, 2017, as shown in Tables 5

and 6.

4. (4) No owner or owner/operator shall operate a 2004 MY and subsequent MY TRU or TRU gen set engine in California unless it meets

the in

- use performance criteria set forth in paragraph (e)(1)(A) subsection 2477.5( a) for ULETRU on or before December 31 st of the seventh year past the engine’s model year, as shown in Tables 5 1 and 6 6

, 6 8 with the following exception:

a. (A) Less than 25 hp model year 2004 engines shall meet the in

- use performance criteria set forth in paragraph (e)(1)(A) section 2477.5 (a), shown in Table 5, for:

I 1. LETRU on or before December 31, 2011, and

II 2. ULETRU by December 31, 2018.

******

5. (5) Requirements for TRUs or TRU gen sets that are equipped with flexibility engines and operated in California.

******

b. (B) To allow TRU and TRU gen set owners to meet the registration requirements of subparagraph (a) subsection (A) above, the original equipment manufacturer shall by April 6, 2011:

6 1 Model years 2013, and subsequent (not shown in tables 5 and 6), shall meet ULETRU by December 31 st of the seventh year after the engine model year or effective model year, except as allowed under (e)(1)(B)5 section 2477.5(b)((5)

.5 I 1. Provide the following unit and flexibility engine information to

ARB in electronic format:

******

(D) (d) In

- Use Recordkeeping and Reporting.

******

(3) An owner that has elected to comply by using a hybrid electric TRU or electric standby

- equipped TRU must meet the following recordkeeping, and reporting requirements for each unit.

(A) Beginning [30 days after the amendments become effective]

manual rec ordkeeping is required for all such units until automated monitoring, recordkeeping, and reporting is required under the phased compliance schedule in subparagraph (B), below. Manual records shall include the following, for each TRU that is equipped

with electric standby or hybrid electric: (1) 1. ARB Identification Number of the unit, issued under

section 2477.5(e); (2) 2. Date; (3) 3. Address of each stationary location lasting more than

5 minutes. This record may be a location code for each stationary location, provided the owner or operator also provides

a cross

- reference of location codes with the corresponding physical addresses; (4) 4. Time of arrival and departure, and the elapsed time calculated from those readings to show the duration of the

stati onary position; (5) 5. Engine hour meter readings taken at arrival and departure and the elapsed time calculated from those readings to show the TRU engine run time while the vehicle is at the stationary location; and (6) 6. Electric shore power driven elect ric motor hour meter readings taken at arrival and departure and the elapsed time that electric shore power drove the refrigeration system while the vehicle is at the stationary location.

(B) Automated monitoring, recordkeeping, and reporting is required for

at least 50 percent of an owner’s TRUs by December 31, 2012 and

100 percent of an owners TRUs by December 31, 2013. Automated monitoring, recordkeeping and reporting is required with an electronic tracking system (as defined in section 2477.4) and

sha ll include data that includes the following for each stationary location lasting more than 5 minutes (300 seconds):6 (1) 1. ARB Identification Number of the unit, issued under

section 2477.5(e); (2) 2. Date; (3) 3. Address of each stationary location lasting m ore than

5 minutes (300 seconds). This record may be the GPS coordinates and a location code for each stationary location, provided the owner or operator also provides a cross

- reference of location codes with the corresponding physical addresses; (4) 4. Ti me of arrival and departure, and the elapsed time calculated from those readings to show the duration of the stationary position; (5) 5. Engine hour meter readings taken at arrival and departure and the elapsed time calculated from those readings to show

th e TRU engine run time while the vehicle is at the stationary location; and (6) 6. Electric motor hour meter readings taken at arrival and departure and the elapsed time that electric shore power is powering the refrigeration system while the vehicle is at t he stationary location. (7) 7. The electronic tracking system shall generate a report that lists all stationary locations lasting more than 5 minutes where the TRU engine operated for more than 30 minutes, resulting in

a violation.

******

(E) (e) ARB Identification Numbering Requirements

.

******

1. (1) California

- based TRUs and TRU gen sets:

******

b. (B) Applications shall be submitted by one of the following methods:

I. 1. Mail or deliver a physical report to ARB at the address listed immediately below:

******

(g) ULETRU Extension for Compliance by Original Compliance Date

* **** * (2) Owner must apply for the ULETRU extension at least 90 days before the ULETRU compliance date by submitting an ARB application that includes the following informati on:7 ******

(E) In the case of a unit replacement, documentation on the old noncompliant unit that was replaced; and

( E F ) Owner’s or responsible official’s signature, after the statement: “I certify under penalty of perjury under the laws of the State of California that the information provided is true, accurate, and complete.”

(3) The owner or responsible official must submit an application for “ULETRU Extension for Compliance by the Original Compliance Date” to the Executive Officer by one of the fol lowing methods:

******

(C) Electronically submit through ARB’s ARBER website at: http://www.arb.ca.gov/arber/arber.htm

* **** *

(2) (h) Fuel Requirements.

(A) (1) O wners or o O wner/ o O perators Choosing to Use Alternative Diesel

Fuels.

******

4. (D) In the event that the owner or owner/ operator decides to revert to using conventional diesel or CARB diesel fuel, the owner or owner/ operator shall comply with the requirements of sub section (e)(1) 2477.5(a) within 10 days

of discontinuation of alternative diesel fuel use. Within 10 days of
discontinuation, the owner or owner/ operator shall notify the Executive Officer in writing of this change in fuel use and shall include an update to any ARB I.D. number application the compliance information submitted to

ARBER or annual report submitted to comply with

subsections (e)(1)(E), 2477.5(e)

, (e)(1)(F) 2477.5(f), or (f)(1) 2477.6

.

******

(j) Mobile Catering Company Exemption Requirements.

(1) The Executive Officer may grant a one year exemption to mobile catering companies for TRUs that are not compliant with the in

- use performance

standards under section 2477.5(a) if the following conditions are met:8 * **** *

(C) The mobile catering company must submit an application each year for a Mobile Catering Company Exemption to the Executive Officer by one of the following methods:

******

3. Electronically submit through ARB’s ARBER website at: http://www.arb.ca.gov/arber/arber.htm

* **** *

(G) During transit on California highways, the driver must, upon request:

******

3 2

. Allow the ARB inspector to inspect the TRU to confirm the Mobile Catering Service exemption applies to the equipment.

******

(k) Compliance Extension for In

- Use Performance Standards Based on Unavailability of Compliance Technology.

(1) If there is no compliance technology available for a specific TRU or TRU gen set within six months of a compliance date, the Executive Officer may grant a one year extension of the compliance deadline, provided the following conditions are

met:

(A) A person or applicant must submit a written application to the Executive Officer that demonstrates the absence of any suitable compliance option that can be used on the specific equipment and the owner cannot otherwi se meet the requirements of subsection 2477.5(a) by the compliance dates of

subsection 2477.5(b). The application for and issuance of any extension pursuant to this subsection shall be subject to the following requirements:

* **** *

6. The owner or respon sible official must submit an application for Compliance Extension to the Executive Officer by one of the following

methods:

******

c. Electronically submit through ARB’s ARBER website at:9 http://www.arb.ca.gov/arber/arber.htm

7. The TRU or TRU gen set shall be registered in ARBER under

section 2477.5(e).

* **** *

(l) Compliance Extension for In

- Use Performance Standards Based on Delays Due to Private Financing, Equipment Manufacture Delays, or Installer Delays.

(1) The Executive Officer may grant a one

- time, maximum four month extension to the normal compliance date set forth in subsection 2477.5(b) for meeting the in

use performance standards set forth in subsection 2477.5(a), provided certain

conditions are met:

* **** *

(C) An extension applicatio n is submitted before the compliance deadline that explains in detail why a compliance extension is needed and how much additional time to comply is needed, including:

******

5. The owner or responsible official must submit an application for Complianc e Extension to the Executive Officer by one of the following

methods:

******

c. Electronically submit by email to: arber@arb.ca.gov

(m) ULETRU Extension for Compliance with LETRU.

(1) The ULETRU compliance dates required under subparagraphs 2477.5(b)(1) through (4) may be extended one year for TRUs or TRU gen sets equipped with

MY 2003 or older engines if they complied by meeting the LETRU In

- Use Performance Standard by the compliance dates listed below and the following qualifi cations are met:

* **** *

(G) The owner or responsible official must submit an application for ULETRU Compliance Extension for Compliance with LETRU for TRU or TRU gen set replacement under subparagraph 2477.5(m)(1)(C), above, to the Executive Officer by o ne of the following methods:

******10 3. Electronically submit through ARB’s ARBER website at: http://www.arb.ca.gov/arber/arber.htm

(n) Safe Passage for Noncompliant Equipment Traveling in California.

(1) The Executive Officer may grant a safe passage permit to a TRU or TRU gen set owner to travel on California highways with a specific noncompliant TRU or TRU gen set, provided th e following conditions are met:

* **** *

(E) The owner shall submit an application for a safe passage permit to the

Executive Officer. Safe passage permit applications shall be submitted by one of the following methods:

******

3. Electronically submit through ARB’s ARBER website at: http://www.arb.ca.gov/arber/arber.htm

* **** *

2477.10 Requirements for California

- Based Shippers.

(a) Beginning January 1, 2013, California

- based shippers that that arrange, hire, contract for, or dispatch the transport of perishable goods in TRU

- equipped

tr ucks, trailers, shipping containers, or railcars, or TRU gen sets on California highways or railways must:

******

2477.11 Requirements for California

- Based Receivers.

(a) Beginning January 1, 2013, California

- based receivers that that arrange, hire, contract for, or dispatch the transport of perishable goods in TRU

- equipped

trucks , trailers, shipping containers, or railcars; or TRU gen sets on California highways or railways must:

******

2477.13 Requirements for TRU and TRU Gen Set Original Equipment

Manufacturers.

(a) TRU and TRU original equipment manufacturers that equip TRU s or TRU gen sets with flexibility engines, as defined in section 2477.4, shall do all of the following:11 ******

(3) Beginning [120 days after the effective date of the amendment] T t he original equipment manufacturer shall provide written disclosures to the ultimate purchaser, prior to sale of with new TRUs or TRU gen sets that are equipped with flexibility engines. These written disclosures may be included with documentation that is shipped with the TRU or TRU gen set and must include

instructions to dealers telling them they are required by California law to notify the ultimate purchaser of these disclosures prior to sale and to pass these written disclosures to the ultimate purchasers at point of sale. The following disclosures are required:

* **** *

(3) (b) Original Equipment Manufacturer Reporting

(A) (1) Current Production Reports:

******

2. (B) The following engine information for each TRU or TRU gen set

model:

******

c. 3. Engine model, as it appears on the serial number label, if different;

******

(B) (2) Prior Production Reports:

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3. (C) Original equipment manufacturers shall provide the following information for each TRU and TRU gen set:

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i.9. 9. Tier standard met

.

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(c) Beginning [120 days after the effective date of the amendment] TRU and TRU gen set original equipment manufacturers (OEM) that sell TRUs, TRU gen sets, or replacement engines in California shall:12 ******

(2) Provide a registration information document with each new TRU and TRU gen
set, that includes:

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(D) As an alternative to providing the registration information document, the TRU or TRU gen set original equipment manufacturer may provide a w eb

- based

, on

- line lookup system for registration information that is at least as effective

as section 24 77.13(c)(2)(A), (B), and (C) , subject to advance Executive Officer approval

. In determining whether a specific web

- based, on

- line lookup system for registration information is at least as effective as section 2477.13(c)(2)(A), (B), and (C), the Executive Officer shall consider information submitted by the manufacturer and shall exercise good scientific and engineering judgment. (3) Provide a registration information document with each new and rebuilt replacement engine supplied by the OEM that includes:

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(D) As an alternative to providing the registration document, the TRU or TRU gen set original equipment manufacturer may provide a w eb

- based

, on

- line lookup system for registration information that is at least as effective as section 2477.13(c)(3) (A), (B), and (C) , subject to advance Executive Officer approval

. In determining whether a specific web

- based, on

- line lookup system for registration information is at least as effective as section 2477.13(c)(2)(A), (B), and (C), the Executive Officer shall consider information submitted by the

manufacturer and shall e xercise good scientific and engineering judgment.

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2477.14 Requirements for TRU, TRU Gen Set, and TRU

- Equipped Truck and

Trailer Dealers.

(a) Beginning [120 days after amendment effective date], dealers that sell and/or install TRUs, TRU gen sets, or replacement engines in California shall:

(1) Pass the registration information document provided by the TRU or TRU gen set OEM (under section 2477.13) or print

- out from the OEM’s web

- based look

- up system (under secti on 2477.13(c)(2)(D) or 2477.13(c)(3)(D)) to the ultimate purchaser upon sale of a new TRU or TRU gen set that includes the TRU or TRU gen set unit information and the TRU engine information required for registration

under section 2477.5(e).13 (2) Pass the r egistration information document provided by the TRU or TRU gen set OEM under (section 2477.13) or print

- out from the OEM’s web

- based look

- up system (under section 2477.13(c)(2)(D) or 2477.13(c)(3)(D)), or engine rebuilder (under section 2477.16) to the ul timate purchaser upon sale of a new replacement engine, or rebuilt replacement engine that includes the engine information required for registration under section 2477.5(e).

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(4) If a new TRU or TRU gen set is equipped with a flexibility engine, th e dealer shall notify the ultimate purchaser of the written disclosures provided by the OEM under section 2477.13(a)(3) prior to sale and shall pass the se disclosures to the ultimate purchaser at point of sale of a new TRU or TRU gen set.

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