A-1 Attachment B to Resolution 08-44

Staff’s Suggested Modifications to the Originally Proposed Regulation Order Released October 24, 2008

REGULATION TO REDUCE GREENHOUSE GAS EMISSIONS

FROM HEAVY-DUTY VEHICLES

Note: This document contains the staff’s suggested modifications to the originally proposed regulation order set forth in Appendix A o f the Staff Report: Initial Statement of Reasons for Proposed Rulemaking, which was relea sed to the public on October 24, 2008. The originally proposed regulatory langu age is indicated in plain type. The suggested modifications are shown in underline to indicate proposed additions and strikethrough to indicate proposed deletions. All proposed modi fications will be made available to the public for a comment period of at least fifteen days before the Air Resources Board (ARB) takes final action to adopt t he proposed regulation.

Adopt new Subarticle 1, sections 95300 to 95312, 95311, title 17, California Code of Regulations, to read as follows:



### Subarticle 1: Heavy Duty Vehicle Greenhouse Gas Emi ssion Reduction

Measure

95300 Purpose.

The purpose of this subarticle is to reduce greenho use gas emissions from heavy-duty (HD) tractors and 53-foot or longer box-type semitr ailers (trailers) that transport freight on California highways.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.

95301. Applicability.

(a) This subarticle applies to owners and drivers o f the following equipment when driven on California highways, as well as motor car riers, California-based brokers, and California-based shippers that use, or caused to be used, the following equipment on California highways:

(1) HD tractors that pull 53-foot or longer box-typ e trailers; andA-2

(2) 53-foot or longer box-type trailers that are pu lled by HD tractors.

(b) The requirements in this subarticle do not appl y to the following vehicles:

(1) drop-frame trailers;

(2) chassis trailers;

(3) curtain-side trailers;

(4) livestock trailers;

(5) refuse trailers;

(4) (6) box-type trailers less than 53 feet in length;

(5) HD tractors or box

- type trailers that have been granted an exemption u nder the provisions of section 95305, Exemptions:

(6) (7) authorized emergency vehicles; and

(7) (8) military tactical support vehicles.

(c) In accordance with the provisions of section 95 305, Exemptions, specified requirements of this subarticle do not apply to sho rt-haul tractors, short-haul trailers, custom extended sleeper cab tractors, and drayage tractors.

(d ) Disclosure of Regulation Applicability: Any pers on residing in California selling a HD tractor or 53-foot or longer box-type trailer su bject to this regulation must provide the following disclosure in writing to the buyer on the bill of sale, “A heavy-duty tractor and 53-foot or longer box-type t railer operated in California may be subject to the California Air Resources Boar d Heavy Duty Vehicle

Greenhouse Gas Emission Reduction Measure. It ther efore could be required to use low-rolling resistance tires and meet aerodynam ic equipment requirements to reduce greenhouse gas emissions. For more infor mation, please visit the

California Air Resources Board website at http://www.arb.ca.gov/cc/hdghg/hdghg.htm.”

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.A-3

95302. Definitions.

(a) The following definitions apply to this subarti cle:

(1) “Aerodynamic technologies” means components designed to reduce wind resistance on the tractor or trailer resulting in i mproved overall tractor fuel economy and reduced carbon dioxide emissions. Ther e are two types of aerodynamic technologies: fairings and flow control devices.

(2) “Authorized emergency vehicle” means a vehicle as defined in Vehicle Code

section 165.

(3) “Box-type trailer”

means a dry-van trailer or refrigerated-van traile r that is not a drop-frame trailer.

(4) “Broker”

means a person who functions as an intermediary be tween two or more shippers and receivers, dispatching vehicles f or the pick-up and delivery of freight, but is not a motor carrier or tractor owner or trailer owner.

(5) “Cab side extender ” means a flow control device placed vertically on the rear side of the tractor that fans out slightly and reduces the space between

the tractor and trailer.

(6) “Chassis trailer”

means a trailer composed of a simple chassis for t he mounting of a containerized load.

(7) “Container”

means a simple, enclosed box of standardized sizes , used for intermodal transport.

(8) “Curtain-side trailer” means a flatbed trailer with tarp sides that can b e loaded from the sides, top, or rear.

(9) “Custom extended sleeper cab tractor” means a tractor installed with a custom-built sleeper cab that extends at least 80 i nches beyond the rear of the cab as produced by the original equipment manuf acturer.

(9) (10) “Dispatch” means to contact vehicle owners, coordinate delivery, pickup, and drop-off schedules of such vehicles; and monito r the delivery of freight

from such vehicles.

(10) (11) “Dispatch driver ” means the driver of a HD tractor that has been dispatched by a motor carrier or broker.

(11) (12) “Drayage tractor” means any in-use on-road tractor with a Gross Vehicle Weight Rating of 33,000 pounds or greater o perating on or transgressing through port or intermodal rail yard property for the purpose ofA-4

loading, unloading or transporting cargo, such as c ontainerized, bulk or break-bulk goods.

(12) (13) “Driver”

means a person who physically operates a HD tracto r.

(13) (14) “Drop-frame trailer” means an enclosed rectangular trailer with a lowered deck starting just behind the bed plate to create more cargo space.

(14) (15) “Dry-van trailer” means an enclosed rectangular non-climate controlled

trailer.

(15) (16) “Fairing” means a structure with smoothly contoured solid sur faces that reduces the wind resistance of the objects they cov er.

(16) (17) “Flatbed Trailer” means a trailer consisting of a completely open platform with no sides or railings.

(17) (18) “Flow control device” means an object or a design element that manipulates the air flow around an object by changi ng the air flow characteristics in order to reduce the pressure for ce exerted on the vehicle.

(18) (19) “Front trailer fairing” means a curved fairing that attaches to the front facing surface of a trailer that covers all or part of the trailer’s front facing

surface.

(19) (20) “Fuel tank fairing” also known as a chassis skirt, means a fairing loc ated

at the base of the cab between the front wheel of t he tractor and the forward-most rear wheel, covering the open space an d streamlining the fuel

tank.

(20) (21) “Good operating condition”means the condition of a HD tractor or boxtype trailer that meets the applicable standards in section 95304 for continued aerodynamic efficiency.

(21) (22) “Gross vehicle weight rating” or “GVWR”

means the GVWR as defined

in Vehicle Code Section 350.

(22) (23) “Heavy-duty tractor” or “HD tractor” means a class 7 or class 8 motor vehicle designed to pull a semitrailer on a highway by means of a fifth wheel mounted over the rear axle(s).

(23) (24) “Highway”

means a “highway” as defined in Vehicle Code secti on 360.

(24) (25) “Integrated sleeper cab roof fairing” means a fairing located on the roof of a sleeper-cab-equipped tractor that extends from the front windshield ofA-5

the tractor cab to the rear edge of the sleeper cab , with enclosed sides that line up with the sides of the sleeper cab.

(25) (26) “Lessee”

means the person registered as the owner of the tr actor or trailer by the California Department of Motor Vehic les or its equivalent in another state, province, or country, or a “lessee” as defined in California Uniform Commercial Code, section 10103(a)(14) section 37 1 of the Vehicle

Code

.

(27) “Lessor” means a “lessor” as defined in California Uniform C ommercial Code, section 10103(a)(16).

(28) “Livestock trailer” means a semitrailer designed to transport live anim als.

(26) (29) “Local haul base” means the location where a short-haul tractor is garaged and maintained, and the location from where a short-haul trailer is routinely dispatched.

(27) (30) “Low-rolling-resistance tire” means a tire that is designed to 

### improve fuel efficiency of a tractor pulling a trailer by m inimizing its rolling resistance, which consists of the energy lost as heat within the rubber itself, as well as aerodynamic drag of the tire, an d friction between the tire

and the road and between the tire and the rim when the tire is rolling under load; rolling resistance is expressed as the energy consumed per unit

distance as the tire rolls under load.

(28) (31) “Military tactical support vehicle” means a “Military Tactical Support Vehicle” as defined in title 13, CCR, section 1905.

(29) (32) “Motor carrier” means a person that contracts to pick up and deliv er commercial freight, and hires tractor owners or emp loys drivers, who are dispatched to pick up and deliver commercial freigh t.

(30) “Owner”

means any person except a bank or other financial lending institution that legally holds title (or its equiva lent) to a HD tractor or trailer showing ownership of the tractor or trailer. For purposes of this subarticle,

a lessee or lessor of a tractor or trailer is consi dered the owner o f the tractor or trailer in accordance with the following criteri a:

(33) “Owner”

means one of the following:

(A) Except as provided in (a)(33)(B), the person r egistered as the owner of the tractor or trailer by the California Department of Motor Vehicles, or its equivalent in another state, province, or count ry.A-6

(B) For a leased tractor or trailer, both the lessor a nd the lessee of the

vehicle.

(A) The lessee of a tractor or trailer is considered th e owner if the following

conditions are met:

1. th e lessee has leased the tractor or trailer for a period of at least

one year prior to the effective date of this subarticle, or

2. the lessee has leased the vehicle for a period of o ne year or more after the effective date of this subarticle, and th e writ ten lease agreement or amendment to the agreement specificall y identifies

the lessee as the owner.

(B) The lessor of a tractor or trailer is considered th e owner if the following

conditions are met:

1. neither of the conditions listed in subsection ( a)(30)(A) are met, or

2. a written agreement between the lessee and lessor prohibits the

lessee from modifying the leased or rented vehicle to comply with

this subarticle.

(31) (34) “ Person ” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association , joint venture, government, governmental subdivision, agency, or instrumentalit y, public corporation, or any other legal or commercial entity.

(32) (35) “Rear trailer fairing” means a fairing that attaches to the perimeter out er edges of the trailer’s rear-facing surface to provi de a continuous surface for the air passing over the side and top surfaces of t he trailer.

(33) “Refrigerated

- van trailer” means a trailer van that has a refrigeration or

hea ting unit built into the trailer to maintain precis e temperatures and is used to haul frozen food, fresh produce, hot or war m food, and other perishable items.

(34) (36) “Receiver”

means a commercial operation to which freight will be or has been delivered that is intended for commercial, not private use. This may include, but is not limited to, owners of freight d istribution centers, and temporary freight storage facilities.

(37) “Refrigerated-van trailer” means a rectangular trailer van that has a refrigeration or heating unit built into the traile r to maintain precise temperatures and is used to haul frozen food, fresh produce, hot or warm food, and other perishable items.A-7

(38) “Refuse Trailer” means a trailer that is used to haul solid waste ma terial. Solid waste includes garbage, construction debris, commercial refuse, and

other discarded materials.

(39) “Retired (trailer)” means a trailer that no longer performs long-haul o peration on California highways.

(35) (40) “Semitrailer”

means a “Semitrailer” as defined in section 550 of the

Vehicle Code.

(36) (41) “Shipper”

means a person that has possession of freight prio r to its transportation. This may include, but is not limit ed to, owners of freight distribution centers, and temporary freight storage facilities.

(37) “Sleeper cab”

means a HD tractor body that has a compartment loc ated behind the driving compartment that contains a bed.

(38) (42) “Short-haul tractor” means a HD tractor that either travels less than 50,000 miles in a calendar year, or travels exclusi vely within a 100 mile

radius of its local haul base.

(39) (43) “Short-haul trailer” means a 53-foot or longer box-type trailer that tra vels exclusively within a 100 mile radius of its local h aul base.

(44 ) “Sleeper cab”

means a HD tractor body that has a compartment loc ated behind the driving compartment that contains a bed.

(40) (45) “Tractor

” means a “Truck Tractor” as defined in section 655 of the

Vehicle Code.

(41) (46) “ Trailer side skirt” means a fairing that extends down from the bottom of the trailer to cover part of the open space between the tractor and the rear

wheels.

(42) (47) “Transport refrigeration unit” or “TRU” means a refrigeration system powered by an integral internal combustion engine d esigned to control the environment of temperature sensitive products that are transported in trucks and refrigerated trailers. TRUs may be capable of both cooling and heating.

(43) “U.S. EPA Approved SmartWay Technology” or “U.S. EPA Approved SmartWay Technologies” means one or more aerod ynamic technologies or

low

- rolling resistance tire models that has been identi fied by the U.S. EPA as meeting the technical specifications and require ments of the U.S. EPA SmartWay Transport Partnership Program.A-8

(44) (48) “U.S. EPA Certified SmartWay Tractor” means a tractor that has been certified by the U.S. EPA to meet the technical spe cifications and requirements of the U.S. EPA SmartWay Transport Par tnership Program.

(45) (49) “U.S. EPA Certified SmartWay Trailer” means a 53-foot or longer boxtype trailer that has been certified by the U.S. EP A to meet the technical specifications and requirements of the U.S. EPA Sma rtWay Transport Partnership Program.

(46) (50) “U.S. EPA SmartWay Partnership Program” means the U.S. EPA’s voluntary program that is a collaboration between t he U.S. EPA and the transportation industry to improve energy efficienc y, reduce greenhouse gas and air pollutant emissions, and improve energy sec urity. This program establishes requirements for improving incentives for improving freight movement efficiency and for improving the fuel efficiency of freight moving equipment. Information on the U.S. EPA SmartWay Pa rtnership Program is available through the U.S. EPA Office of Transporta tion and Air Quality (OTAQ), USEPA Headquarters, 1200 Pennsylvania Avenu e, N.W, Washington, DC 20460; and at the U.S. EPA SmartWay website at http://www.epa.gov/smartway/.

(51) “U.S. EPA Verified SmartWay Technology” or “U.S. EPA Verified SmartWay Technologies”

means one or more aerodynamic technologies or low- rolling resistance tire models that has been identified by the U.S. EPA as meeting the technical specifications and requirements of th e U.S. EPA SmartWay Transport Partnership Program.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.

95303 Requirements and Compliance Deadlines.

(a) Tractor Requirements

(1) Beginning January 1, 2010, no 2011 or subsequen t model year sleeper-cab HD tractor pulling a 53-foot or longer box-type tra iler shall operate on a highway within California unless such tractor is a U.S. EPA Certified SmartWay Tractor.

(2) Beginning January 1, 2010, no 2011 or subsequen t model year HD tractor, including but not limited to sleeper-cab HD tractor s, pulling a 53-foot or longer box-type trailer shall operate on a highway within California unless such tractor’s tires are U.S. EPA Approved Verified SmartWay Technologies.A-9

(3) Beginning January 1, 2012, no 2010 or previous model year HD tractor, regardless of model year, pulling a 53-foot or long er box-type trailer shall operate on a highway within California unless such tractor’s tires are U.S. EPA Approved Verified SmartWay Technologies.

(b) Trailer Requirements

(1) 2011 and Subsequent Model Year Dry-Van Trailer Requirements

Beginning January 1, 2010, no 2011 or subsequent mo del-year 53-foot or longer dry-van trailer shall travel on a highway within California unless such

trailer is either:

(A) a U.S. EPA Certified SmartWay Trailer, or,

(B) equipped with one of the following two combinat ions of tires and aerodynamic technologies, installed in accordance w ith manufacturer’s

instructions:

1. tires that are U.S. EPA Approved Verified SmartWay Technologies, and trailer side skirts that are U.S. EPA Approved Verified SmartWay Technologies, and either a front trailer fairing that is a U.S. EPA Approved Verified SmartWay Technology or a rear trailer fairing that is a U.S . EPA Approved Verified SmartWay Technology for dry-van trailers ; or

2. tires that are U.S. EPA Approved Verified SmartWay Technologies, and any combination of dry-van traile r aerodynamic technologies that has been demonstrated to the U.S. EPA to meet or exceed a 5 percent fuel savings in accordance wi th the requirements defined by the U.S. EPA SmartWay Partn ership Program.

(2) 2011 and Subsequent Model Year Refrigerated-Va n Trailer Requirements

Beginning January 1, 2010, no 2011 or subsequent mo del year 53-foot or longer refrigerated-van trailer shall travel on a h ighway within California

unless such trailer is either:

(A) a U.S. EPA Certified SmartWay Trailer, or,

(B) equipped with one of the following two combinat ions of tires and aerodynamic technologies, installed in accordance w ith manufacturer’s

instructions:A-10 1. tires that are U.S. EPA Approved Verified SmartWay Technologies, and trailer side skirts that are U.S. EPA Approved Verified SmartWay Technologies for dry-van trailers, or

2. tires that are U.S. EPA Approved Verified SmartWay Technologies, and any combination of dry-van traile r aerodynamic technologies that has been demonstrated to the U.S. EPA to meet or exceed a 4 percent fuel savings in accordance wi th the requirements defined by the U.S. EPA SmartWay Partn ership Program.

(3) 2010 or Previous Model Year Dry-Van and Refrige rated-Van Trailer Requirements

(A) A In accordance with the compliance deadlines defined in subsection (b)(3)(B), a 2010 or previous model year 53-foot or longer box- type

trailer may not travel on a highway within California unless such trailer is either a dry-van trailer that meets the requirem ents of subsections (b)(1)(A) or (b)(1)(B) or a refrigerated-van traile r that meets the requirements of subsections (b)(2)(A) or (b)(2)(B). These requirements must be m et by January 1, 2013, or:

(B) Compliance deadlines: A 2010 or previous model yea r 53-foot or longer box-type trailer must meet the requirements defined in subsection (b)(3)(A) by the following applicable d ates:

1. For a dry-van trailer or refrigerated-van trailer not identified in subsection (b)(3)(B)2: before January 1, 2013, or by the applicable compliance dates in section 95307, Optional Trailer Fleet Compliance Schedules, if such trailer is included in the fleet of trailers participating in, and remains eligible to participate in an optional trailer fleet compliance schedule.

2. For a refrigerated-van trailer that is a model yea r 2003 through 2008 trailer equipped with 2003 or subsequent model year TRU: either by

a. December 31, 2017 for a 2003 or 2004 model year tr ailer; or

b. December 31, 2018 for a 2005 or 2006 model year tr ailer; or

c. December 31, 2019 for a 2007 or 2008 model year tr ailer; or

d. 1. by the applicable compliance dates in section 95307

, Optional Trailer Fleet Compliance Schedule Schedules

, if such trailer is included in the fleet of trailers partic ipating in the Optional Trailer Fleet Compliance Schedule ; or , and remains eligible to participate in, an optional trailer fle et compliance

schedule.A-11 2. by the applicable compliance dates in section 95308

, Refrigerated Fleet Compliance Provision, if such trailer is included in the fleet of refrigerated

- van trailers participating in the Refrigerated Fleet Compliance Provision

(c) Requirements for Drivers

(1) A driver cannot operate a HD tractor to pull a 53-foot or longer box-type trailer on a highway in California unless both the tractor and the trailer

(A) comply with the applicable requirements and compliance deadlines defined in subsections (a) and (b), and

(B) are in good operating condition as defined in s ection 95304

.

(2) A driver must, upon demand, provide the followi ng information if available to authorized enforcement personnel identified in sect ion 95309:

(A) driver’s license;

(B) vehicle odometer reading, if applicable;

(C) tractor registration;

(D) trailer registration;

(E) origin of freight being transported;

(F) destination of freight being transported;

(G) if dispatched by a motor carrier, the motor car rier information set forth in subsection (g)(1)(B);

(H) if dispatched by a broker, the broker informati on set forth in subsection (f)(1)(B);

(3) A driver shall not operate a HD tractor to pull a 53-foot or longer box-type trailer on a highway in California if the trailer h as aerodynamic technologies that are not deployed or not in their operational c onfiguration.

(d) Requirements for Owners of HD Tractors

(1) An owner of a HD tractor cannot use or authori ze the use of a HD tractor to pull a 53-foot or longer box-type trailer on a high way in California unless both the HD tractor and the box-type trailer:A-12

(A) comply with the applicable requirements and compliance deadlines set forth in subsections (a) and (b); and

(B) are in good operating condition as defined in section 95304.

(e) Requirements for Owners of Box-Type Trailers

(1) An owner of a 53-foot or longer box-type trail er must ensure that the 53-foot or longer box-type trailer will not be pulled by a HD tractor on a highway in California unless the 53-foot or longer box-type tr ailer:

(A) complies with the requirements and compliance d eadlines set forth in subsection (b);

(B) is in good operating condition as defined in se ction 95304.

(2) An owner of one or more 2010 or previous model year 53-foot or longer box-type trailers that are subject to the requireme nts of subsection (b)(3) may elect to follow an alternative compliance sched ule, if applicable.

Owners that choose to follow an alternative compliance schedule must meet the requirements of section 95307, Optional Trailer Fleet Compliance

Schedules.

(3) An owner of one or more 2010 or previous model year 53

- foot or longer

box

- type trailers that are subject to the requirements of subsection (b)(3) may elect to follow the refrigerated

- van trailer provision, if applicable. Owners that follow the refrigerated

- van trailer compliance schedule must

m eet the requirements of section 95308, Refrigerated Fleet Compliance

Provision.

(f) Requirements for California-based Brokers

(1) A California-based broker must:

(A) only dispatch HD tractors and 53-foot or longer box-type trailers that comply with the operating requirements and complian ce deadlines set forth in subsections (a) and (b);

(B) provide the following information to the dispat ch dispatched driver :

1. broker’s business name

2. broker’s street address, state, zip code

3. broker contact person’s nameA-13 4. broker contact person’s business phone number

(g) Requirements for Motor Carriers

(1) A motor carrier must:

(A) only dispatch HD tractors and 53-foot or longer box-type trailers that comply with the operating requirements and complian ce deadlines set forth in subsections (a) and (b);

(B) provide the following information to the dispat ch dispatched driver :

1. motor carrier’s business name

2. motor carrier’s street address, state, zip code

3. motor carrier contact person’s name

4. motor carrier contact person’s business phone number

(h) Requirements for California-Based based Shippers

(A) A California-based shipper must not ship freigh t in a 53-foot or longer box-type trailer pulled by a HD tractor on a Califo rnia highway unless the HD tractor and the 53-foot or longer box-type trail er comply with the operating requirements and compliance deadlines set forth in subsections (a) and (b).

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.

95304 Good Operating Condition Requirements.

(a) Good Operating Condition Criteria for U.S. EPA Certified SmartWay Tractor Aerodynamic Technologies.

(1) An aerodynamic mirror, a cab side extender, a f uel tank fairing, and an integrated sleeper cab roof fairing on a U.S. EPA C ertified SmartWay Tractor must meet the following criteria:

(A) Each must be installed in accordance with manuf acturer’s specifications.A-14

(B) Each must be securely fastened to the tractor.

(C) Each must not be used if it is damaged to such an extent as to compromise its aerodynamic effectiveness.

(b) Good Operating Condition Criteria for U.S. EPA Certified SmartWay Trailer Aerodynamic Technologies

(1) Aerodynamic technologies installed on a box-typ e trailer must meet the following criteria:

(A) The aerodynamic technologies must be installed in accordance with the manufacturer’s specifications.

(B) The aerodynamic technologies must be securely f astened to the trailer.

(C) The aerodynamic technologies must not be used w ith missing

sections.

(D) The aerodynamic technologies must not be used i f damaged to such an extent as to compromise their aerodynamic effect iveness.

(E) The rear trailer aerodynamic technology must be capable of being folded back against the trailer sides or otherwise be readily compacted to allow normal functioning of doors.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.

95305 Exemptions.

(a) A short

- haul HD tractor may, pursuant to section 95306, Short-Haul Tractor and Short-Haul Trailer Exemption Requirements , be exempted from the requirements of section 95303 (a)(1) , provided it either:

(1) Travels no more than 50,000 miles per year; or

(2) Operates only within a 100-mile radius of its l ocal haul base.

(b) A HD tractor may, pursuant to section 95306, Short-Haul Tractor and Short-Haul Trailer Exemption Requirements , be exempted from the requirements of sections 95303 (a)(2) and 95303 (a)(3) provided it travels n o more than 50,000 miles per

year.A-15

(c) A custom extended sleeper cab tractor is exempt fr om the requirements set forth in section 95303(a)(1).

(b) A short

- haul (d) A 53-foot or longer box-type trailer may, pursuant to section
95306, Short-Haul Tractor and Short-Haul Trailer Exemption Requirements , be exempted from the requirements of section 95303(b), provided it operates only

within a 100 mile radius of its local haul base.

(c) (e) A 53-foot or longer box-type trailer pulled by a sh ort-haul tractor that has been exempted is exempt pursuant to section 95306, Short-Haul Tractor and ShortHaul Trailer Exemption Requirements , is itself exempt from the requirements of 95303(b) while it is being pulled by the registered short-haul tractor.

(d) (f) A drayage tractor pulling a 53-foot or longer box-t ype trailer within 100 miles of the port or intermodal rail yard property of origin or destination and the trailer it pulls are exempt from sections 95303(a) and (b).

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.

95306 Short-Haul Tractor and Short-Haul Trailer Ex emption Requirements

(a) Application Requirements: The To obtain a short-haul exemption as provided in sections 95305 (a), (b), and (d), the owner of an HD tractor or the owner of a 53- foot or longer box-type trailer that wishes to obta in a short-haul exemption as provided in section 95305(a) or (b) must submit to the Executive Officer the information identified in subsections (b) through ( g). Applications will be reviewed by the Executive Officer as received. Th e Executi ve Officer may request additional information, or clarification of submitted information, during review of the application. Applicants will be noti fied of the status of their applications by letter from the Executive Officer n o later than 30 days after

re ceipt of their application. If approved, the exemp tion status will be effective upon the date of the approval letter. If denied, t he reasons for denial will be identified, and the applicant can resubmit an amend ed application

.

(b) Owner Contact Information:

(1) Short-haul tractor owner’s name (if applicable )

(2) Short-haul trailer owner’s name (if applicable)

(3) Name of owner’s company (if applicable)A-16

(4) Corporate parent (if applicable)

(5) Motor carrier identification number

(6) IRP registration number (if applicable)

(7) Street address of owner or owner’s company

(8) Telephone number of owner or owner’s company

(9) Email address of owner or owner’s company (if a vailable)

(10) Company taxpayer identification number (if app licable)

(c) Local Haul Base Information:

(1) Local haul base contact’s name

(2) Contact’s title

(3) Street address of local haul base

(4) Telephone number of local haul base

(d) Tractor Information. For each tractor to be e xempted, the following information:

(1) Type of exemption applied for:

(A) Limit annual miles traveled to 50,000; or

(B) Limit total area of operation to within a 100 m ile radius from its local

base.

(2) Tractor identification number (vehicle identifi cation number (VIN))

(3) Tractor make

(4) Tractor model

(5) Tractor model year

(6) State of registration

(7) License plate number

(8) Odometer reading (if annual miles traveled is t o be limited)A-17

(e) Trailer Information. For each trailer to be exempted, the following info rmation:

(1) Trailer type (dry van or refrigerated van)

(2) Trailer identification number

(3) Trailer make

(4) Trailer model

(5) Trailer model year

(6) State of registration

(7) License plate number

(f) For trailers and for all tractors limited in op eration to a 100-mile radius from their local haul base, a street map of the geographic are a where tractors will be operating and the location (address) of the local h aul base(s).

(g) A letter signed and dated by the owner with the information required by subsections (b) through (f) and one of the following statements at the end of the appli cation, above the applicant’s signature and date :

(1) For all trailers and for trucks tractors limited in operation to a 100-mile radius

from their local haul base:

“I agree to strictly limit all use of this [or these] tractor[s] [or trailer[s]] to the area within a 100-mile radius of the local haul base identified in this application if the exemption is approved by the Air

Resources Board Executive Officer submittal

. I understand that if the exemption is approved, operation of the equipment outside this area will be a violation of sections 95300-95312, 95311, title 17, California Code of Regulations, and know that I mus t submit an application for any extension of the exemption no m ore than 11 months after the date of the letter approving the e xemption . I declare under penalty of perjury that the informati on provided in this application

is true, accurate and complete.”

(2) For trucks tractors that will be used no more than 50,000 miles per ye ar:

“I agree to limit use of this [or these] tractor[s] to 50,000 or fewer miles per year if the exemption is approved by the Air Resources

Board Executive Officer . I understand that if the exemption is approved, operation of the equipment more than 50,000 miles w illA-18 be a violation of sections 95300-95312, 95311, title 17, California Code of Regulations, and know that I must submit an application for any extension of the exemption no more than 11 mont hs after the date of the letter approving the exemption . I declare under penalty of perjury that the information provided in this ap plication is true, accurate and complete.”

(h) An exemption approved For owners of trailers or tractors limited in opera tion to a 100-mile radius from their local haul base an exemp tion provided under this section will be in effect as long as the exempted t railers and tractors are in compliance with the short-haul exemption criteria. Owners are required to notify

the Executive Officer if the information submitted in accordance with subsections (b) through (f) has changed, and to submit the upda ted information to the

Executive Officer.

(i) For owners of tractors limited in operation to 50,000 miles per year, an exemption provided under this section will be in effect for a period of one year from the date of the approval letter . To extend the exemption, an applicant must reapp ly for

the extension owners must submit the current odometer readings fo r each exempt

tractor at least one month prior to the expiration date of the exemption.

(i j ) The driver of an exempt short-haul HD tractor, or a HD tractor pulling an exempt

short-haul trailer

must, upon demand, provide the following informati on to authorized enforcement personnel identified in sect ion 95309 95308 :

(1) Driver’s license

(2) Odometer reading of tractor

(3) Tractor registration

(4) Origin of freight being transported

(5) Destination of freight being transported

(6) If dispatched by motor carrier, motor carrier i nformation defined in section 95303(g)(1)(B).

(7) If dispatched by broker, broker information def ined in section 95303(f)(1)(B).

(8) Trailer identification number

(k) The driver of an exempt short-haul HD tractor m ust, upon request, allow authorized enforcement personnel to directly view t he odometer of the HD

tractor.A-19

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.

95307 Optional Trailer Fleet Compliance Schedules

.

In lieu of meeting the January 1, 2013 compliance d eadline set forth As specified in section 95303(b)(3), an owner of one or more 2010 o r previous model year 53-foot or longer box-type trailers may bring such trailers in to compliance in accordance with an applicable compliance schedule set forth below.

For the purposes of the optional trailer fleet comp liance schedules in this section, bringing a trailer into “compliance” means retrofit ting such trailer with the necessary tires and aerodynamic technologies to meet the appl icable trailer requirements in sections 95303(b)(1) and 95303(b)(2) or retiring su ch trailer from California long-haul service. In addition, a “trailer” means a 53-foot or longer box-type trailer, and a “nonconforming conforming trailer” means a trailer that is not either U.S. EPA SmartWay Certified nor is it yet or equipped with the necessary technologies specified in sections 95303(b)(1)(B) or 95303(b)(2)(B), as ap plicable.

The two compliance schedules available are the larg e fleet compliance schedule for

fleets of 21 or more trailers and the small fleet c ompliance schedule for fleets of 20 or

fewer trailers. Fleets with 21 or more total trail ers may not participate in the small fleet compliance schedule. However, fleets with 20 or fe wer total trailers may participate in either the large fleet or small fleet compliance sc hedule.

To determine fleet size, a trailer owner must accou nt for all 53-foot or longer box-type trailers (both dry-van and refrigerated-van trailer s) within the fleet. A trailer owner

must list all these trailers on the trailer fleet l ist, as defined in subsection (c)(2) to be eligible to participate in an optional trailer flee t compliance schedule. The trailer fleet list must be submitted within the compliance plan, as defined in subsection (a)(2) or (b)(2), as applicable, by the due date specified in the applicable compliance schedule. Only trailers listed on the trailer fleet list are eligible to be brought into compliance in accordance with an applicable compliance schedule. Except as provided in subsection (a)(3), a compliance plan revision may o nly be made with the approval of

the Executive Officer when the Executive Officer de termines that a company merger, acquisition, or split, or other changed circumstances affecting ope rations of the owner, necessitate revisions in the compliance plan. Exec utive Officer approval will not be granted to allow a new business to participate in a compliance schedule after the submission due date for the applicable compliance p lan has passed.

Refrigerated

- van trailers not brought into compliance in accorda nce with the refrigerated flee t compliance provision set forth in section 95308 m ay either be brought into compliance in accordance with an appli cable large fleet or small fleet compliance schedule or before the January 1, 2013 c ompliance deadline.A-20

Although a fleet’s participation in an optional tra iler fleet compliance schedule does not require the Executive Officer’s specific approval, the Executive Officer may terminate a fleet’s participation in a compliance schedule if the fleet, or any tractor or trailer within the fleet, is found in violation of this reg ulation. Should the Executive Officer terminate a fleet’s participation in a compliance s chedule, the owner must bring all trailers into compliance within 90 days or by Decem ber 31, 2012, whichever is later,

but in no case later than December 31 of the final compliance year of the applicable compliance schedule.

The Executive Officer may make information provided pursuant to an optional trailer fleet compliance schedule available to the public f or the purpose of helping determine the compliance status of a trailer.

(a) Large Fleet Compliance Schedule

(1) Minimum fleet compliance thresholds: A trailer owner participating in the large fleet compliance schedule must ensure that th e percentage of compliant trailers on the compliance base list, as defined in subsection (c)(3), is equal to or greater than:

(A) 5 percent by December 31, 2010,

(B) 15 percent by December 31, 2011,

(C) 30 percent by December 31, 2012,

(D) 50 percent by December 31, 2013,

(E) 75 percent by December 31, 2014, and

(F) 100 percent by December 31, 2015.

Table 1: Minimum Fleet Compliance Thresholds

for the Large Fleet Compliance Schedule

Compliance Year (Y) Minimum Fleet Compliance Thresh old (P Y )

2010 5%

2011 15%

2012 30%

2013 50%

2014 75%

2015 100%

(2) Large fleet compliance plan: To participate in the large fleet compliance schedule, a trailer owner must provide the followin g information to theA-21

Executive Officer, in a document entitled “Large Fl eet Compliance Plan,” by July 1, 2010. This document must include the follo wing:

(A) Statement of intent, in accordance with subsect ion (c)(1).

(B) Trailer fleet list, in accordance with subsecti on (c)(2).

(C) Copy of registration for each trailer listed on the trailer fleet list.

(D) Large fleet compliance base number, calculated in accordance with subsection (d)(1).

(E) Compliance base list, in accordance with subsec tion (c)(3).

(F) Annual compliance number for each compliance ye ar, calculated in accordance with subsection (d)(5).

(G) Annual compliance commitment list for each comp liance year, in accordance with subsection (c)(4).

(H) Early compliance option reporting, if applicabl e: If a trailer owner elects to delay trailer retrofits and retirements in accor dance with subsection (a)(4) , Early compliance option, such owner must submit the following trailer information within the compliance plan:

1. Early compliance trailer number: The number of t railers that are in compliance conformance by December 31, 2009 and are used to delay the retrofit or retirement of delayed complia nce trailers, as defined in subsection (a)(4).

2. Early compliance trailer list: A trailer owner p articipating in the early compliance option must identify on the traile r fleet list all early compliance trailers.

3. Evidentiary documentation for early compliance t railers: In order for the Executive Officer to recognize early compli ance trailers, a trailer owner must submit proper evidentiary docume ntation, such as purchase receipts, demonstrating that, by Decemb er 31, 2009, such trailers were already in compliance conformance . In lieu of purchase receipts, other documentation may also be acceptable as determined by the Executive Officer.

4. Delayed compliance trailer number, calculated in accordance with subsection (d)(3).A-22 5. Delayed compliance trailer list: A trailer owner participating in the early compliance option must identify on the traile r fleet list all delayed compliance trailers.

(3) Large fleet compliance plan revision: A trailer owner may make certain

revisions to retrofit and retirement commitments sc heduled for compliance years four, five, and six, by submitting a document titled, “Large Fleet Compliance Plan Revision,” by July 1, 2013. By sub mitting this document, a trailer owner may re-designate trailer retrofit and retirement commitments within compliance years four, five, and six, so lon g as the number of trailers that are brought into compliance each compliance ye ar does not change.

(4) Early compliance option: Under the early compli ance option, a trailer owner may delay the retrofit or retirement of 1.5 nonconf orming trailers until 2016 for every one trailer that is in compliance by Dece mber 31, 2009. For the purposes of the early compliance option, an “early compliance trailer” means a trailer that is in compliance conformance by December 31, 2009

and for which the fleet receives credit towards del aying the retrofit or

retirement of other trailers until 2016. In additi on, a “delayed compliance trailer” means a trailer for which compliance will be delayed until 2016.

(A) Maximum allowable delayed compliance trailers: A trailer owner participating in the early compliance option may no t delay the compliance of more trailers than the equivalent of 30 percent of the sum of all trailers within the compliance base and the total number of early compliance trailers. For verification purpo ses, the maximum allowable delayed compliance trailer number may be calculated in accordance with subsection (d)(4).

(B) A trailer owner must bring all delayed complian ce trailers into compliance by December 31, 2016.

(C) Early compliance option report: To participate in the early compliance option, a trailer owner must submit all information required by subsection (a)(2)(H), Early compliance option report , by July 1, 2010, in the large fleet compliance plan.

(b) Small fleet compliance schedule

(1) Minimum fleet compliance thresholds: A trailer owner participating in the small fleet compliance schedule must ensure that th e percentage of compliant trailers on the compliance base list, as defined in subsection (c)(3), is equal to or greater than:

(A) 25 percent by December 31, 2013,A-23

(B) 50 percent by December 31, 2014,

(C) 75 percent by December 31, 2015, and

(D) 100 percent by December 31, 2016.

Table 2: Minimum Fleet Compliance Thresholds for th e Small Fleet Compliance Schedule

Compliance Year (Y) Minimum Fleet Compliance Thresh old (P Y )

2013 25%

2014 50%

2015 75%

2016 100%

(2) Small fleet compliance plan: To participate in the small fleet compliance schedule, a trailer owner must provide the followin g information to the Executive Officer, in a document entitled “Small Fl eet Compliance Plan,” by July 1, 2012. This document must include the follo wing:

(A) Statement of intent, in accordance with subsect ion (c)(1).

(B) Trailer fleet list, in accordance with subsecti on (c)(2).

(C) Copy of registration for each trailer listed on the trailer fleet list.

(D) Small fleet compliance base number, calculated in accordance with subsection (d)(2).

(E) Compliance base list, in accordance with subsec tion (c)(3)

(F) Annual compliance number for each compliance ye ar, calculated in accordance with subsection (d)(5).

(G) Annual compliance commitment list for each comp liance year, in accordance with (c)(4).

(c) General Compliance Plan Components

(1) Statement of intent: The statement of intent mu st be provided to the Executive Officer by the due date specified in the applicable compliance

schedule. The statement of intent must include the following:

(A) A statement indicating that the trailer owner e lects to participate in an optional trailer fleet compliance schedule.A-24

(B) A statement identifying the compliance schedule in which the trailer owner elects to participate.

(C) For trailer owners electing to participate in t he small fleet compliance schedule, a statement affirming that such owner’s t railer fleet contains 20 or fewer 53-foot or longer box-type trailers.

(D) A statement affirming that, except for exempted trailers and refrigerated trailers to be brought into compliance in accordanc e with the refrigerated fleet compliance provision, section 95303(b)(3)(B)2., the trailer owner will bring all nonconforming trai lers into compliance in accordance with the applicable compliance schedule.

(E) A statement affirming that the trailer owner un derstands that participation in an applicable compliance schedule may be terminated by the Executive Officer should any vehicles be fou nd in violation of this regulation.

(F) A statement affirming that the trailer owner un derstands that if participation in a compliance schedule is terminate d by the Executive Officer, the owner must bring all affected trailers into compliance within 90 days or by December 31, 2012, whichever is later , but no later than December 31 of the final compliance year of the app licable compliance

schedule.

(G) A statement affirming that the trailer owner un derstands that if participation in an applicable trailer fleet compli ance schedule is withdrawn, such owner may not operate a nonconformi ng trailer on a California highway after December 31, 2012, except for refrigeratedvan trailers that will be brought into compliance i n accordance with the

refr igerated fleet compliance provision. section 95303(b)(3)(B)2.

(H) A statement affirming that the trailer owner ag rees to allow the Executive Officer, or any person authorized by the Executive Officer, to conduct periodic audits of vehicles and records to ensure compliance with the applicable compliance schedule, this regul ation, and other air quality regulations.

(I) A signature of the trailer owner or a corporate official affirming that all information contained within the compliance plan, i ncluding information

contained within the statement of intent and the tr ailer fleet list, is true

and correct.

(2) Trailer fleet list : The trailer fleet list must be provided to the Exec utive Officer by the due date specified in the applicable compliance schedule. Except upon specific Executive Officer approval, th e trailer owner may notA-25

change the number or identity of trailers included on the trailer fleet list once the submission due date for the applicable complian ce plan has passed. The trailer fleet list must include the following:

(A) Owner’s name

(B) Name of company or agency

(C) Corporate parent (if applicable)

(D) Physical address

(E) Mailing address

(F) Physical address of location where records pert aining to the applicable compliance schedule will be maintained

(G) Name of contact person

(H) Telephone number

(I) Email address (if available)

(J) Company taxpayer identification number

(K) List of all 2010 and previous model-year 53-foo t or longer box-type trailers that operate in California, including comp liant, nonconforming, and exempted trailers.

For each trailer listed, provide the following:

1. Trailer type (dry van or refrigerated van)

2. Trailer make

3. Trailer model

4. Trailer model year

5. License plate number

6. State of registration

7. Compliance status (compliant, nonconforming, or exempted)A-26 For each refrigerated-van trailer listed, also prov ide the following:

8. Transport refrigeration unit make

9. Transport refrigeration unit model

10. Transport refrigeration unit model year

11. Transport refrigeration unit serial number

12. Transport refrigeration unit engine make

13. Transport refrigeration unit engine model

14. Transport refrigeration unit engine model year

15. Transport refrigeration unit engine serial numb er

(3) Compliance base list: The compliance base list is the subset of nonconforming trailers identified in the trailer fl eet list, in accordance with subsection (c)(2)(K), that will be brought into com pliance in accordance with the applicable compliance schedule. The compliance base list shall not include the following trailers:

(A) Exempted trailers

(B) Refrigerated-van trailers to be brought into co mpliance in accordance with the refrigerated fleet compliance provision

(C) Early compliance trailers used to delay the ret rofits and retirements of delayed compliance trailers, if applicable

(D) Delayed compliance trailers, if applicable

Trailers that are in compliance conformance by December 31, 2009 and not used to delay the retrofit or retirement of delayed compliance trailers may also be included on the compliance base list and us ed to meet minimum fleet compliance thresholds.

(4) Annual compliance commitment list: The complian ce commitment list is the subset of trailers within the compliance base list that the owner commits to bring into compliance by December 31 of that compli ance year. For each year’s annual compliance commitment list, the trail er owner must list a

sufficient number of trailers to meet or exceed the annual compliance number for that same year. On the annual complianc e commitment list, the trailer owner must list all trailers by their licen se plate number and state ofA-27

registration, or by another method acceptable to th e Executive Officer,

which also allows for the identification of these t railers on the owner’s trailer

fleet list.

(d) Calculation Methodology

(1) Large fleet compliance base number: The complia nce base number for large fleets is the number of trailers that a trail er owner elects to bring into compliance in accordance with the large fleet compl iance schedule.

N B = N T – N 2016 – N E – N R – N X (Equation 1)

“N B ” = Large fleet base number

“N T ” = Total number of trailers listed on the trailer fleet list

“N 2016 ” = Delayed compliance trailer number, as determine d in accordance with (d)(3), if applicable

“N E ” = Number of early compliance trailers, if applica ble

“N R ” = Number of nonconforming refrigerated-van traile rs that will be brought into compliance in accordance with the r efrigerated

fleet compliance provision set forth dates specified in section
95308, 95303 (b)(3)(B)2.a through (b)(3)(B)2.c, if applicable

“N X ” = Number of trailers with a compliance status of “exempted” on the trailer fleet list, if applicable

(2) Small fleet compliance base number: The complia nce base number for

small fleets is the number of trailers that a trail er owner elects to bring into compliance in accordance with the small fleet compl iance schedule.

N B = N T – N R – N X

(Equation 2)

“N B ” = Small fleet base number

“N T ” = Total number of trailers listed on the trailer fleet list

“N R ” = Number of nonconforming refrigerated trailers t hat will be brought into compliance in accordance with the refr igerated fleet compliance provision set forth dates specified in section
95308, 95303 (b)(3)(B)2.a through (b)(3)(B)2.c, if applicable

“N X ” = Number of trailers with a compliance status of “exempted” on the trailer fleet list, if applicableA-28

(3) Delayed compliance trailer number: The delayed compliance trailer number is the number of trailers for which compliance may be delayed until 2016, pursuant to subsection (a)(4), Early Compliance Option

.

N 2016 = N E x 1.5 (Equation 4)

“N 2016 ” = Delayed compliance trailer number, if applicabl e. If N 2016 is not a whole number, round down to the next whole number.

“N E ” = Number of early compliance trailers

(4) Maximum allowable delayed compliance trailer nu mber: The resultant

number must be rounded down to the nearest whole tr ailer

N 2016, max = (N B + N E ) x 0.30 (Equation 3)

“N 2016, max ” = Maximum allowable delayed compliance trailer

number. If N 2016, max

is not a whole number, round down to the

next whole number.

“N B ” = Large fleet base number, as determined in accor dance with subsection (d)(1)

“N E ” = Number of early compliance trailers

(5) Annual compliance number: The annual compliance number is the number of trailers that a trailer owner must bring into co mpliance by December 31 of a particular year to ensure that the percentage of compliant trailers within the compliance base meets or exceeds the minimum fl eet compliance threshold for that year.

N Y = (N B x P Y

/100) – N C, Y-1 (Equation 5)

“N Y ” = Annual compliance number for compliance year Y. If N Y is not a whole number, round up to the next whole numb er if the fractional part is equal to or greater than 0.5, an d round down if

less than 0.5.

“N B ” = Large fleet or small fleet base number, as dete rmined in accordance with subsection (d)(1) for large fleets or (d)(2) for

small fleets

“P Y ” = Minimum fleet compliance threshold for complian ce year Y, as defined in subsection (a)(1) for large fleets an d (b)(1) for small

fleetsA-29 “N C, Y-1 ” = Total number of trailers within the compliance base that would already be in compliance prior to January 1 o f compliance year Y. This number does not include early complia nce trailers for which a fleet has received credit towards delay ing the compliance of other trailers, pursuant to subsectio n (a)(4), Early Compliance Option.

(e) General requirements for all compliance schedul es: To participate in an applicable trailer fleet compliance schedule, a tra iler owner must comply with the following requirements.

(1) The trailer owner must ensure that, by Decembe r 31 of each compliance year, the percentage of compliant traile rs within the owner’s compliance base is equal to or greater than the applicable minimum fleet compliance threshold for that complia nce year.

(2) The trailer owner must ensure that the number of trailers listed on each compliance year’s annual compliance commitment list is equal to or greater than the applicable annual compliance numbe r for that compliance year.

(3) The trailer owner must bring into compliance a ll trailers listed in each compliance year’s annual compliance commitment list by December 31 of that compliance year.

(4) The trailer owner must allow ARB representativ es, or any other authorized enforcement personnel, to conduct period ic audits of records and equipment to verify compliance with an applicable compliance schedule, the owner’s compliance plan, a nd other applicable air quality regulations.

(5) Should the Executive Officer terminate the tra iler owner’s participation in a trailer feet compliance schedule, such trailer owner must bring all trailers into compliance within 90 days of such ter mination or by December 31, 2012, whichever is later, but no later than December 31 of the final compliance year of the applicable comp liance schedule.

(6) After December 31, 2012, except for eligible r efrigerated-van trailers that the trailer owner elects to bring into complia nce in accordance with the refrigerated fleet compliance provision section 95303(b)(3)(B)2. and exempted trailers, the trailer owner may not allow the operation of a nonconforming trailer on a California highway if su ch owner withdraws participation from an applicable trailer fleet comp liance schedule.A-30

(7) The trailer owner must provide to the Executiv e Officer any documentation and information required by an applic able trailer fleet compliance schedule by the due date specified in su ch compliance

schedule.

(8) The trailer owner must ensure that all informa tion and documentation provided to the Executive Officer is accurate and t rue.

(9) The trailer owner must ensure that all require d information and documentation arrives at ARB by applicable due date s. The Executive Officer will not be responsible for materials lost in transit.

(10) If participating in the large fleet compliance schedule, the trailer owner must continue bringing trailers into compliance in accordance with the original compliance plan if a large fleet complianc e plan revision is not

submitted.

(11) The trailer owner must maintain all documentat ion pertaining to an applicable compliance schedule at the location indi cated on the trailer

fleet list.

(12) Upon the request of an ARB representative or o ther authorized enforcement personnel, the trailer owner must provi de all information and documentation necessary to verify compliance wi th the applicable compliance schedule, such owner’s compliance plan, and any other air quality regulation.

(13) A trailer owner may not allow a nonconforming trailer that will be brought into compliance in accordance with an appli cable trailer fleet compliance schedule to operate on a California high way after
December 31, 2012 unless such trailer is listed on the owner’s trailer fleet list and the owner remains eligible to partic ipate in the trailer fleet compliance schedule.

(14) A trailer owner who is participating, or has p articipated, in a trailer fleet compliance schedule may not allow a nonconforming t railer that will be brought into compliance in accordance with the refr igerated fleet compliance provision section 95303(b)(3)(B)2. to operate on a California highway after December 31, 2012 unless s uch trailer is listed

on such owner’s trailer fleet list.

(15) The trailer owner may not allow the operation of a nonconforming trailer on a California Highway after December 31 o f the compliance year in which the trailer was identified on the ann ual compliance

commitment list.A-31

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.

95308 Refrigerated Fleet Compliance Provisi on Enforcement

.

A trailer owner may bring 2003 through 2008 model

- year 53

- foot or longer refrigerated

- van trailers equipped with 2003 and subsequent mode l

- year TRUs into compliance in accordance with the refrigerated flee t compliance provision in lieu of meeting the January 1, 2013 compliance deadline set forth in section 95303(b)(3) or bringing such trailers into compliance in accordanc e with an applicable trailer fleet compliance schedule.

For the purposes of this subsection, bringing a tra iler into “ compliance” means retrofitting such trailer with the necessary techno logies to meet the trailer requirements set forth in section 95303(b)(2) of this article or retiring such trailer from California service. In addition, a “trailer” means a 53

- foot or lon ger box

- type trailer, and a “nonconforming trailer” means a trailer that is not U.S. EPA SmartWay Certified nor is it yet equipped with the necessary technologies spe cified in section 95303(b)(2)(B).

If also participating in an optional trailer fleet com pliance schedule, a trailer owner may only bring a refrigerated

- van trailer into compliance in accordance with this provision if such trailer is included on the trailer fleet list, as submitted in the applicable compliance plan.

A nonconforming refriger ated

- van trailer may not operate on a California Highway after December 31, 2012 unless such trailer is bein g brought into compliance under an applicable trailer fleet compliance schedule or has been reported in accordance with the refrigerated fleet compl iance provision and is eligible to be brought into compliance in accordance with the refrigerated flee t compliance provision.

The Executive Officer may make information provided pursuant to the refrigerated fleet compliance provision available to the publ ic for the purpose of helping determine the compliance status of a trailer.

(a) Refrigerated trailer compliance deadlines: A traile r owner electing to bring refrigerated

- van trailers into compliance in accordance with the refrigerated fleet compliance pro vision must:

(1) Bring all 2003 and 2004 model year 53

- foot or longer refrigerated

- van trailers into compliance by December 31, 2017. A t railer owner subjected to this provision may not operate a nonconforming 2003 or 2004 model year refrigerated

- van tra iler on a California highway after December 31, 201 7.A-32

(2) Bring all 2005 and 2006 model year 53

- foot or longer refrigerated

- van trailers into compliance by December 31, 2018. A t railer owner subjected to this provision may not operate a nonconforming 200 5 or 2006 model year refrigerated

- van trailer on a California highway after December 31, 2018.

(3) Bring all 2007 and 2008 model year 53

- foot or longer refrigerated

- van trailers into compliance by December 31, 2019. A t railer owner subjected to this prov ision may not operate a nonconforming 2007 or 2008 model year refrigerated

- van trailer on a California highway after December 31, 2019.

Table 3 : Refrigerated Fleet Compliance Deadlines

Compliance Deadlines Affected Trailer Model Years
December 31, 20 17 2003, 2004
December 31, 2018 2005, 2006
December 31, 2019 2007, 2008

(b) Refrigerated fleet compliance report: To be eligibl e to bring trailers into compliance in accordance with the refrigerated flee t compliance provision, a trailer owner must prov ide the following information, in a document entitl ed “Refrigerated Fleet Compliance Report,” by July 1, 2012. This document must

include:

(1) If participating in an optional trailer fleet compl iance schedule, the applicable trailer fleet list, prepared in accordance with section 95307 (c)(2), including

the identification of all trailers that the owner e lects to bring into compliance in accordance with the refrigerated fleet complianc e provision

(2) If not participating in an optional trailer fleet c ompl iance schedule, a refrigerated trailer fleet list, which must include the following information:

(A) List of all trailers that the trailer owner will br ing into compliance in accordance with the refrigerated fleet compliance p rovision.

(B) Owner’s name

(C) Name of company or agency

(D) Corporate parent (if applicable)

(E) Physical address

(F) Mailing address

(G) Physical address of location where records pertaini ng to the applicable compliance schedule will be maintainedA-33

(H) Name of contact person

(I) Telephone number

(J) Email address (if available)

(K) Company taxpayer identification number

(L) For each trailer listed:

1. Trailer make

2. Trailer model

3. Trailer model year

4. License plate number

5. State of registration

6. Transport refr igeration unit make

7. Transport refrigeration unit model

8. Transport refrigeration unit model year

9. Transport refrigeration unit serial number

10. Transport refrigeration unit engine make

11. Transport refrigeration unit engine model

12. Transpor t refrigeration unit engine model year

13. Transport refrigeration unit engine serial number

(3) Copy of registration for all trailers that the owne r will bring into compliance in accordance with the refrigerated fleet compliance p rovision.

(4) Statemen t of intent, which includes the following:

(A) A statement affirming that the owner elects to brin g applicable trailers into compliance in accordance with the refrigerated fleet compliance

schedule.A-34

(B) A statement affirming that all trailers that the tr ailer owner elects to bring into compliance in accordance with the refrig erated fleet compliance provision are 2003 through 2008 model ye ar 53

- foot or longer refrigerated

- van trailers with 2003 and subsequent model year

TRUs.

(C) A statement affirming tha t all affected trailers will be brought into compliance by the applicable compliance deadlines s pecified in subsection (a), Refrigerated trailer compliance dea dlines.

(D) A signature of the trailer owner or a corporate off icial affirming that all

informat ion contained within the refrigerated fleet complia nce report, including information contained within the statemen t of intent and the trailer fleet list, is true and correct.

(c) Other Requirements

(1) Only refrigerated

- van trailers equipped with a funct ional TRU are eligible to be brought into compliance in accordance with the r efrigerated fleet compliance provision.

(2) For applicable refrigerated fleets that begin servi ce in California after December 31, 2012, the refrigerated fleet complianc e report must be submitted to the Executive Officer prior to operati ng any nonconforming 2003 through 2008 model

- year 53

- foot or longer refrigerated

- van trailer equipped with 2003 and subsequent model

- year TRUs on a California highway.

(3) If the trailer owner ele cts to begin participation in the refrigerated flee t compliance provision after December 31, 2016, such fleet must ensure that all trailers subjected to previous deadlines, as ap plicable, are in compliance.

(4) Notwithstanding any other requirements of th e refrigerated fleet compliance provision, a trailer owner may not allow any noncon forming refrigerated

- van trailer subjected to this regulation to operate on a California highway after
December 31, 2019. Enforcement of this subarticle may be carried out b y representatives authorized by the Executive Officer, peace officers as defined in Cal ifornia Penal Code, title 3, chapter 4.5, sections 830 et seq. and their respective law enforcement agencies; and authorized representatives of air pollution control or air quality management districts.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.A-35

95309 Enforcement.

Enforcement of this s ubarticle may be carried out by authorized represen tatives of the ARB, peace officers as defined in California Penal Code, title 3, chapter 4.5, sections 830 et seq. and their respective law enforcement ag encies; and authorized representatives of air pollu tion control or air quality management districts.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.

95310 95309 Right of Entry

For purposes of inspecting HD tractors and box-type trailers covered in the subarticle, and inspecting or auditing the records of drivers, owners of trailers and tractors, motor carriers, California-based brokers, and California- based shippers to determine compliance with this subarticle, an agent or employ ee of ARB, upon presentation of proper credentials, has the right to enter any faci lity (with any necessary safety clearances) where HD tractors and box-type trailers are located or HD tractor and boxtype trailer records, including dispatch records, a re kept.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.

95311 95310

Penalties.

As provided in Health and Safety Code section 38580 , any person who violates any requirement of this subarticle is subject to the p enalties set forth in Article 3 (commencing with section 42400) of Chapter 4 of Par t 4, Division 26 of the Health and Safety Code. Failure to comply with any requiremen t of this subarticle shall constitute a single, separate violation for each day during an y portion of which the person is not in compliance.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.

95312 95311 Severability.

If any subsection, paragraph, subparagraph, sentenc e, clause, phrase, or portion of the subarticle is, for any reason, held invalid, un constitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct,A-36

and independent provision, and such holding shall n ot affect the validity of the remaining portions of this subarticle

.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560 , 38560.5, and 38580, Health and Safety Code.