State of California AIR RESOURCES BOARD

Addendum to the Final Statemen t of Reasons for Rulemaking

Proposed Amendments To T he Airborne Toxic Control Measure For In-Use Diesel-Fueled Transport Refr igeration Units (TRU) And TRU Generator Sets, And Facilities Where TRUs Operate
Public Hearing Date: October 21, 2011 Agenda Item No.: 11-8-4 Addendum Prepared: October 15, 2012

I. Background
On August 31, 2012, the Air Resources Bo ard (ARB or Board) submitted the Final Statement of Reasons (FSOR) and th e Final Regulation Order for Amendments to the Airborne Toxic Control M easure for In-Use Diesel-Fuel ed Transport Refrigeration Units (TRU) and TRU generator sets, and Facilit ies Where TRUs Operate to the Office of Administrative Law (OAL) for its review and approval.

In the course of its review, OAL id entified several places in the Final Regulation Order where changes of a te chnical or grammatical nature would improve the clarity, consistency, or readability of the text. ARB also identified additional places where changes of a technical or gram matical nature would improve the clarity, consistency, or readability of the text, and has accordingly modified the Final Regulation Order and is submitting this Addendum to OAL to describe and provide reasons for these changes by ARB to t he Final Regulation Order.

II. Additional Non- Substantial Changes

ARB has identified and made additional modifications to improve the consistency and clarity of the regulation, as descri bed below. ARB has determined that such modifications are non-substantial, in that none of them materially alter the requirements, rights, re sponsibilities, conditions or prescriptions contained in the Final Regulation Or der filed with OAL.
Section 2477.2 Applicability
The Final Regulation Order i ndicates that the amendments del ete section (b)(4) of the current regulatory text:
“TRU and TRU gen set original equipment manufacturers that directly or indirectly sell or offer for sale TRUs and TRU gen sets to the California market.”2 ARB confirms that text was inadvertently omi tted from Appendix A of the “Staff Report: Initial Statement of Reasons for Proposed Ru lemaking,” which contained the proposed amendments. However, the am endments substitute (b)(4) of the current regulatory text with new section 2274.2(i), which was indi cated via underline. and therefore the omission constitutes a non-substantive modifica tion. Therefore, ARB has not modified this section of the Fi nal Regulation Order.

Section 2477.4 Definitions
(a)(4) “Alternative Diesel Fuel”
ARB proposed an amendment to the definition “Alternative Diesel Fuel”; however, OAL advised ARB that the proposed definition lacked clarity as the proposed amendment contained a term that does not expressly ap pear in either section 2281 or 2282 of title 13, California Code of Regulati ons. ARB is therefore not amending the definition and will revert back to the current definit ion of “Alternative Diesel Fuel”:
(4) “Alternative Diesel Fuel” means any f uel used in diesel engines that is not commonly or commercially known, sold or represented as diesel fuel No. 1-D or No. 2-D, pursuant to the specification for Diesel Fuel Oils D975-81, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e .g. recalibration of the engine fuel control) may enhance performance. Exampl es of alternative diesel fuels include, but are not limited to, bi odiesel, Fischer Tropsch fuels, and emulsions of water in diesel fuel. Na tural gas is not an alternative diesel fuel. An emission control strategy usi ng a fuel additive will be treated as an alternative diesel fuel based strategy unless:
(A) The additive is supplied to the vehi cle or engine fuel by an on-board dosing mechanism, or
(B) The additive is directly mixed into t he base fuel inside the fuel tank of the vehicle or engine, or
(C) The additive and base fuel are not mixed until vehicle or engine fueling commences, and no more additive plus bas e fuel combination is mixed than required for a single fueling of a single engine or vehicle.

(a)(70)(A) “Owner”
ARB deleted an extraneous space appearing between “agreement)” and the last period in the section .3 (a)(75) “Prior Tier Replacement Engine”
ARB confirms that “August 31, 2012” is the correct date for this definition. No change is necessary to this section of the Final Regulation Order.

Section 2477.5 Requirements for Owners or Owner Operators
(a)(3)(A)
An extra space between “following” and “conditions” was deleted.
(a)(3)(B)2.
An extra space ARB between “point” and “;” was deleted.
(b)
A comma was added to separate the superscri pt “6” and “7” appearing above (C) in the first sentence to prov ide greater clarity.
(b)(4)
ARB inadvertently failed to underline the su perscript “8” above “Table 5” and has corrected that oversight in t he Final Regulation Order.

ARB confirms that the text of footnotes 6 and 7 now appea r (below section 2477.5(b)).

Table 5: <25 HP TRU and TRU Gen Set Engines, In-Use Compliance Dates
ARB replaced preexisting footnote “6” appeari ng in the column for “MY ’13” with footnote “8” to clarify that 2013 and later model year engines, “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)5section 2477.5(b)(5).”

Table 6: > 25 HP TRU and TRU Gen Se t Engines, In-Use Compliance Dates

ARB deleted footnote “8” in the “MY” column fo r “’03”, to clarify that the provisions of that footnote do not apply to 2003 TRUs or TRU gen set engines.

ARB corrected the footnote for “MY ‘04” from 10 to 12, to clarify that the provisions contained in footnote 12 apply to model year 2004 TRUs or TRU gen set engines.4 ARB added footnote “8” to the “MY” column for “’13” to cl arify that the provisions of footnote 8 apply to 2013 and subsequent TRUs or TRU gen set engines.
ARB corrected the numbering of former footnote “10” to “ 12,” to clarify that the provisions of that footnote apply to TRUs and TRU gen sets with 2004 and subsequent model year engines.
(e)
ARB edited the formatting of t he text to ensure that the te xt associated with footnote 13 now appears section 2477.5(e).

(h)(1)(D)
ARB underlined “2477.5(e)” and “ 2477.5(f)” to clarify that this text was added by the amendments.

(j)(1)(E)
ARB substituted “(j)(1)(D)7.” fo r “(o)(1)(C)7”. in the last se ntence to correct an oversight because subsection “(o)(1)(C)7” does not exist.
Section 2477.12 Requirements for Lessors and Lessees
(b)(2)
ARB substituted section “2477.12(a)(1)(A)” fo r “section 2477.12(b)(1)(A ),” to correct an incorrect citation.

Section 2477.13 Requirements for TRU a nd TRU Gen Set Original Equipment Manufacturers
(b)(1)(C)1.
The Final Regulation Order subm itted to OAL indicated that the following text was being deleted by the propos ed amendments:

CALIFORNIA AIR RESOURCES BOARD STATIONARY SOURCE DIVISION (TRU) P.O. BOX 2815 SACRAMENTO, CA 958125 However, that text does not appear in the ex isting text, Appendix A of the Staff Report: Intial Statement of Reasons for Proposed Rulema king, or the first or second Notices of Public Availability of Modified Text, and has therefore been deleted to provide clarity and to eliminate potent ial confusion.
The Final Regulation Order subm itted to OAL further indica ted that the following text was being added by the proposed amendments:

California Air Resources Board Stationary Source Division (TRU) 1001 I Street Sacramento, CA 95814
That address already appears in the existing regulatory text, and ARB has accordingly deleted all underlining to clar ify that the ame ndments do not modify that text.

(b)(2)(D)
The Final Regulation Order subm itted to OAL indicated that the following text was being deleted by the propos ed amendments:

CALIFORNIA AIR RESOURCES BOARD STATIONARY SOURCE DIVISION (TRU) P.O. BOX 2815 SACRAMENTO, CA 95812
However, that text does not appear in the ex isting text, Appendix A of the Staff Report: Intial Statement of Reasons for Proposed Rule making, or the first or second Notices of Public Availability of Modified Text, and has therefore been deleted to provide clarity and to eliminate potent ial confusion.
The Final Regulation Order subm itted to OAL further indica ted that the following text was being added by the proposed amendments:

California Air Resources Board Stationary Source Division (TRU) 1001 I Street Sacramento, CA 95814
That address already appears in the existing regulatory text, and ARB has accordingly deleted all underlining to clar ify that the ame ndments do not modify that text.6 Authority Cited
To address issues raised by OAL regarding the inclusion of statutor y penalty provisions in the “Authority cited” por tions of the proposed amendments, ARB has deleted sections 39674, 39675, 42400, 42400.1, 42400.2, 42400.3.5, 42402, 42402.2, and 42410 from the “Authority Cited” citations for secti ons 2477.1, 2477.2, 2477. 3, 2477.4, 2477.5, 2477.6, 2477.7, 2477.8, 2477. 9, 2477.10, 2477.11, 247 7.12, 2477.13, 2477.14, 2477.15, 2477.16, 2477.17, 2477.18, 2477.20, and 2477.21.

Reference Cited
ARB inadvertently omitted “Health and Safe ty Code” from the citations in the “Reference” portions of the proposed am endments, ARB has therefore added “, California Health and Safety Code.” in the “Reference” citations for 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.