### State ofCalifornia AIR RESOURCES BOARD

EXECUTIVE ORDER R-12-007 

### Relating toAmendments to the Airborne Toxic ControlMeasure forIn-Use DieselFueled Transport Refrigeration Units (TRUs) and TRU GeneratorSets, andFacilities 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 generatorsets, and facilities where TRUs operate, as setforth in AppendixA ofthe Initial Statement of Reasons released to the public on August 31, 2011; WHEREAS, the California Environmental QualityAct (CEQA) requires that no project which may have significant adverse environmental impacts may be adopted as originally proposed iffeasible alternatives or mitigation measures are available to reduce or eliminate such impacts, unless specific overriding considerations are identified which outweigh the potential adverse consequences ofany unmitigated impacts; WHEREAS, CEQA allows public agencies to prepare a plan or otherwritten documentation in lieu of an environmental impact report or negative declaration (i.e., a functional equivalent environmental document), once the Secretary ofthe Resources Agency has certified an agency's regulatory program pursuantto section 21080.5 ofthe Public Resources Code; WHEREAS, pursuantto section 21080.5 ofthe Public Resources Code, the Secretary

· ofthe Resources Agency has certified that portion ofthe 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 bythe Board may have a significant effect on the environment, ARB staff shall prepare a staff report that shall contain a description ofthe proposed action, an assessment of anticipated significant long orshort-term adverse and beneficial environmental impacts associated with the proposed action and a succinct analysis of those impacts, which shall include a discussion offeasible mitigation measures and alternatives to the proposed action; WHEREAS, concurrent with publication ofthe 45-Day Notice, ARB issued an Initial Statementof 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, atthe October20, 2011 public hearing, the Board considered the proposed amendments and adopted Resolution 11-35 in which the Board directed the Executive Officerto:

1. Determine ifadditional modificationsto the proposed amendments, as set in Attachments A [setforth in AppendixA to the Initial Statement of Reasons] anq B [setforth in a documententitled "Staff's Suggested Modifications to the

. Original Proposed Amendments"that was distributed atthe October20, 2011 public hearing], along with any additional conforming modificationsthat may be appropriate, and any modificationsthat are necessaryto ensure that all feasible mitigation measures orfeasible alternativesthat would substantially reduce any significant adverse environmental impacts have been incorporated into the final action, orto return the proposed amendments and findings to**th~,** Board forfurther consideration before taking final action, if he determinesthat this is warranted;
2. Ifthe Executive Officer determinesthat additional modifications are appropriate as specified above, to make the modified regulatory languagefor public commentfor a period of 15days priorto taking final action to adoptthe amendments, provided thatthe Executive Officer shall consider such written comments as may be submitted during this period, shall make such modifications as may be appropriate in light ofthe comments received, and shall presentthe regulation to the Board forfurther considerationif 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. Determinewhetherthere are feasible alternatives or mitigation measures that could be implemented to reduce or eliminate any potential adverse environmental impacts;
5. Makefindings as required by Public Resources Code section 21081 ifthe proposed amendmentswould 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 ofthe 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 oftitle 1, CCR, section 44;Executive Order R-12-007 -3-

WHEREAS, written comments were receivedduring the initial 45-day comment period and during both ofthe 15-daycomment periods, and oral comments were received as part ofthe testimonytaken atthe October20, 2011 Board hearing; WHEREAS, in accordancewith CEQAand ARB's certified regulatory program, ARB prepared an environmental analysis as part ofthe Staff Report: Initial Statementof Reasons forthe proposed regulation; The Staff Report identified no significant adverse environmental effects; and WHEREAS, no commentswere received identifying any significant environmental issues pertaining tothis item, and therefore, no approval ofsuch responses is required. NOW, THEREFORE, IT IS ORDERED, thatthe recitals and findings contained in Resolution 11-35 are incorporated herein.
IT IS FURTHER ORDERED, the amendment ofsection 2477, andthe 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 setforth 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 setforth 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 dayofAugust 2012, at Sacramento, California.

Executive Officer

Attachments