State of California 

AIR RESOURCES BOARD 

Addendum to the Final Statement of Reasons for Rulemaking 

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 

Agenda Item No.: 11-8-4 

Addendum Prepared: October 15, 2012 

I. Background 

On August 31, 2012, the Air Resources Board (ARB or Board) submitted the 

Final Statement of Reasons (FSOR) and the Final Regulation Order for 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 to the Office 

of Administrative Law (OAL) for its review and approval. 

In the course of its review, OAL identified several places in the Final 

Regulation Order where changes of a technical or grammatical nature would 

improve the clarity, consistency, or readability of the text. ARB also identified additional 

places where changes of a technical or grammatical 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 the 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 described below. ARB has determined that such 

modifications are non-substantial, in that none of them materially alter 

the requirements, rights, responsibilities, conditions or prescriptions contained in 

the Final Regulation Order filed with OAL. 

Section 2477.2 Applicability 

The Final Regulation Order indicates that the amendments delete 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 omitted from Appendix A of the “Staff Report: 

Initial Statement of Reasons for Proposed Rulemaking,” which contained the proposed 

amendments. However, the amendments substitute (b)(4) of the current regulatory text 

with new section 2274.2(i), which was indicated via underline. and therefore the 

omission constitutes a non-substantive modification. Therefore, ARB has not modified 

this section of the Final 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 appear in either section 2281 or 2282 of title 

13, California Code of Regulations. ARB is therefore not amending the definition and 

will revert back to the current definition of “Alternative Diesel Fuel”: 

(4) “Alternative Diesel Fuel” means any fuel 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. Examples of alternative diesel fuels 

include, but are not limited to, biodiesel, Fischer Tropsch fuels, and 

emulsions of water in diesel fuel. Natural gas is not an alternative diesel 

fuel. An emission control strategy using a fuel additive will be treated as an 

alternative diesel fuel based strategy unless: 

(A) The additive is supplied to the vehicle or engine fuel by an on-board dosing 

mechanism, or 

(B) The additive is directly mixed into the 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 base 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 . 
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(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 superscript “6” and “7” appearing above (C) in the 

first sentence to provide greater clarity. 

(b)(4) 

ARB inadvertently failed to underline the superscript “8” above “Table 5” and has 

corrected that oversight in the Final Regulation Order. 

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

Table 5: <25 HP TRU and TRU Gen Set Engines, In-Use Compliance Dates 

ARB replaced preexisting footnote “6” appearing in the column for “MY ’13” with 

footnote “8” to clarify that 2013 and later model year engines, “shall meet ULETRU by 

December 31st 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 Set Engines, In-Use Compliance Dates 

ARB deleted footnote “8” in the “MY” column for “’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 clarify 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 the text to ensure that the text 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.” for “(o)(1)(C)7”. in the last sentence 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)” for “section 2477.12(b)(1)(A),” to correct an 

incorrect citation. 

Section 2477.13 Requirements for TRU and TRU Gen Set Original Equipment 

Manufacturers 

(b)(1)(C)1. 

The Final Regulation Order submitted to OAL indicated that the following text was being 

deleted by the proposed amendments: 

CALIFORNIA AIR RESOURCES BOARD 

 STATIONARY SOURCE DIVISION (TRU) 

 P.O. BOX 2815 

 SACRAMENTO, CA 95812 
5 

However, that text does not appear in the existing text, Appendix A of the Staff Report: 

Intial Statement of Reasons for Proposed Rulemaking, or the first or second Notices of 

Public Availability of Modified Text, and has therefore been deleted to provide clarity 

and to eliminate potential confusion. 

The Final Regulation Order submitted to OAL further indicated 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 clarify that the amendments do not modify that text. 

(b)(2)(D) 

The Final Regulation Order submitted to OAL indicated that the following text was being 

deleted by the proposed amendments: 

CALIFORNIA AIR RESOURCES BOARD 

 STATIONARY SOURCE DIVISION (TRU) 

 P.O. BOX 2815 

 SACRAMENTO, CA 95812 

However, that text does not appear in the existing text, Appendix A of the Staff Report: 

Intial Statement of Reasons for Proposed Rulemaking, or the first or second Notices of 

Public Availability of Modified Text, and has therefore been deleted to provide clarity 

and to eliminate potential confusion. 

The Final Regulation Order submitted to OAL further indicated 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 clarify that the amendments do not modify that text. 

 
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Authority Cited 

To address issues raised by OAL regarding the inclusion of statutory penalty provisions 

in the “Authority cited” portions 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 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, 2477.20, and 2477.21. 

Reference Cited 

ARB inadvertently omitted “Health and Safety Code” from the citations in the 

“Reference” portions of the proposed amendments, 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.