State of California 

AIR RESOURCES BOARD 

EXECUTIVE ORDER R-12-007 

Relating to Amendments to the Airborne Toxic Control Measure for In-Use DieselFueled Transport Refrigeration Units (TRUs) and TRU Generator Sets, and Facilities 

Where TRUs Operate 

WHEREAS, on October 20, 2011, the Air Resources Board (ARB or Board) 

conducted a public hearing to consider amendments to the airborne toxic control 

measure for in-use diesel-fueled transport refrigeration units (TRUs) and TRU 

generator sets, and facilities where TRUs operate, as set forth in Appendix A of the 

Initial Statement of Reasons released to the public on August 31, 2011; 

WHEREAS, the California Environmental Quality Act (CEQA) requires that no project 

which may have significant adverse environmental impacts may be adopted as 

originally proposed if feasible alternatives or mitigation measures are available to 

reduce or eliminate such impacts, unless specific overriding considerations are 

identified which outweigh the potential adverse consequences of any unmitigated 

impacts; 

WHEREAS, CEQA allows public agencies to prepare a plan or other written 

documentation in lieu of an environmental impact report or negative declaration (i.e., a 

functional equivalent environmental document), once the Secretary of the Resources 

Agency has certified an agency's regulatory program pursuant to section 21080.5 of the 

Public Resources Code; 

WHEREAS, pursuant to section 21080.5 of the Public Resources Code, the Secretary 

· of the Resources Agency has certified that portion of the ARB's regulatory program that 

involves the adoption, approval, amendment, or repeal of standards, rules, regulations, 

or plans; 

WHEREAS, ARB's certified regulatory program provides that when an action 

contemplated by the Board may have a significant effect on the environment, ARB staff 

shall prepare a staff report that shall contain a description of the proposed action, an 

assessment of anticipated significant long or short-term adverse and beneficial 

environmental impacts associated with the proposed action and a succinct analysis of 

those impacts, which shall include a discussion of feasible mitigation measures and 

alternatives to the proposed action; 

WHEREAS, concurrent with publication of the 45-Day Notice, ARB issued an Initial 

Statement of Reasons (Staff Report) that included an environmental analysis that 

addressed potential long and short-term environmental impacts related to the proposed 

amendments; · 
Executive Order R-12-007 -2-

WHEREAS, at the October 20, 2011 public hearing, the Board considered the 

proposed amendments and adopted Resolution 11-35 in which the Board directed 

the Executive Officer to: 

1. Determine if additional modifications to the proposed amendments, as set in 

Attachments A [set forth in Appendix A to the Initial Statement of Reasons] anq 

B [set forth in a document entitled "Staff's Suggested Modifications to the . 

Original Proposed Amendments" that was distributed at the October 20, 2011 

public hearing], along with any additional conforming modifications that may be 

appropriate, and any modifications that are necessary to ensure that all 

feasible mitigation measures or feasible alternatives that would substantially 

reduce any significant adverse environmental impacts have been incorporated 

into the final action, or to return the proposed amendments and findings to th~, 

Board for further consideration before taking final action, if he determines that 

this is warranted; 

2. If the Executive Officer determines that additional modifications are 

appropriate as specified above, to make the modified regulatory language for 

public comment for a period of 15 days prior to taking final action to adopt the 

amendments, provided that the Executive Officer shall consider such written 

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

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

shall present the regulation to the Board for further consideration if he 

determines that this is warranted. 

3. Evaluate all comments received during the public comment periods, including 

comments raising significant environmental issues, and prepare and approve 

written responses as required by Government Code section 11346.9, 

Public Resource Code section 21080.5(d)(2)(D), and title 17, California Code 

of Regulations (CCR), section 60007; 

4. Determine whether there are feasible alternatives or mitigation measures that 

could be implemented to reduce or eliminate any potential adverse 

environmental impacts; 

5. Make findings as required by Public Resources Code section 21081 if the 

proposed amendments would result in one or more significant adverse 

environmental effects; 

WHEREAS, on February 28, 2012, and June 15, 2012, the modified regulations, 

reflecting the amendments considered by the Board and other changes made to best 

reflect the intent of the Board at the hearing, were made available for public comment 

for a period of 15 days, with the changes to the originally proposed text clearly 

indicated, in accordance with the provisions of title 1, CCR, section 44; 
Executive Order R-12-007 -3-

WHEREAS, written comments were received during the initial 45-day comment period 

and during both of the 15-day comment periods, and oral comments were received as 

part of the testimony taken at the October 20, 2011 Board hearing; 

WHEREAS, in accordance with CEQA and ARB's certified regulatory program, ARB 

prepared an environmental analysis as part of the Staff Report: Initial Statement of 

Reasons for the proposed regulation; The Staff Report identified no significant adverse 

environmental effects; and 

WHEREAS, no comments were received identifying any significant environmental issues 

pertaining to this item, and therefore, no approval of such responses is required. 

NOW, THEREFORE, IT IS ORDERED, that the recitals and findings contained in 

Resolution 11-35 are incorporated herein. 

IT IS FURTHER ORDERED, the amendment of section 2477, and the 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 24/'7.21, California Code of Regulations (CCR), title 13, Division 

3, Chapter 9, Article 8, as set forth in Attachment 1 hereto, are adopted. 

IT IS FURTHER ORDERED that amendments to section 2299.3, title 13, CCR, and 

section 93118.3, title 17, CCR, and the incorporated documents, are approved and 

adopted as set forth in Attachment 1 hereto. 

IT IS FURTHER ORDERED that the adopted regulatory text may be further revised with 

nonsubstantive changes, which will be added to the rulemaking record and indicated as 

such. 

Executed this 31st day of August 2012, at Sacramento, California. 

Executive Officer 

Attachments