STATE OFCALIFORNIA-·OFFJCE OF ADMINISTR/\ NOTICE PUBLICATION/
STD.··100 (REV.01·091

# ~·bAR (See instructions on reverse)
: ."01!1\UF!l£_,_ NOTICE FILE NUMBER

.NUMBERS z_2011-0823- 

### i\( I REGULATORY ACTION NUMBER 

## ti 

## lSI EMERGENCY NUMBER 

### I 

# zo"Iz oa'1. For use by Office ofAdministrative Law (OAL) only 

### Rt:CE\'Jtll

## ~ljll,**~\UN[; P\IP.UC~iiQN** **O~it** AUG 23 '11 

### SEf' 0Z'11 

### Office of Administrative Law

NOTICE AGENCY WITH RULEMAKJNG AUTHORITY Air Resources Board 

## 2 "'17**~.,ur** 

## "·I t1 - I·V u ..,).

REGULATIONS

A. PUBLICATION OF NOTICE (Completefor publicationin Notice Register) 1_ SUBJECT OF NOTICE ATCM for In-Use Diesel-FueledTRU 3.NOTICETYPE lvl Notice re Proposed 

# 0**~** Regulatory Action i Other

OAL USE ACTION ON _PROPOSED NOTICE

.

ONLY 

# D Approved as 

# o Approved as Submllted Modified TITLE(S) 13 

# D Disapproved/ Withdrawn FIRST SECTION AFFECTED 12477 i TELEPHONE NUMBER 

## i (916) 322-6533

NOTICE REGISTER NUMBER
B. SUBMISSION OF REGULATIONS (Completewhen submittingregulations) For use by Secretary of State only

AGENCY FILE NUMBER (Ifnny)

2. REQUESTED PUBLICATION DATE September2, 2011 FAX NUMBER (Optional} (916) 322-3928 PUBLICATION DATE

1a. SUBJECTOF REGULATION(S) 1b. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBER(S) AircM 

### for In-Use Diesel-Fueled TRU
2. SPECIFYCALIFORNIA CODEOF REGULATIONSTITLE(S) AND SECTION($} {Including title 26, lfto)(icsrelated) SECTION(SI AFFECTED (listall section number(s)

individually.Attach additionalsheetifneeded.) TITLE(S) 13 3. TYPE OF FILING 

## RJ Regular Rulemaking (Gov.- Code §11346) 

### 0 Resubmittal ofdisapproved or withdrawn nonemergency filing (Gov. Code §§11349.3, 11349.4) ADOPT

AMEND 

### See attachment REPEAL 

## D Certificate ofCompliance:The agency officer named below certifies thatthis agency complied with the provisions ofGov. Code §§11346.2-1 1347.3 either beforetheemergency regulation was adopted or within the time period required by statute. 

## 0 Emergency Readopt (Gov. Code, §1 1346.1 (h)) 

## D ·File&Print •.



## 0 Changes Without Regulatory Effect (Cal. Code Regs., title 1, §100). 

## 0 PrintOnly 

## 0. Emergency (Gov. Code, §11346.1(b)) 

## D Resubmittal ofdisapP.roved orwithdrawn emergency filing (Gov. Code, §11346.1) 

## D Other(Specify)
----------------- 4.**ALLBEGINI~INGAND** ENDING DATES OFAVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDEDTOTHE ll.ULEMAKING FILE (Cal. Code Regs.title 1, §44 and Gov.Code §11347.1) 

### February 28, 2012

- 

### March 14, 2012 and June 15, 2012

- July 2, 2012 5. EFFECTIVE DATEOF CHANGES (Gov. Code,§§ 11343.4, 11346.1(d); Cal.Code Regs

.. title 1, §100) 

# D Effecllve 301h day afler lvl Effeclive o.nfiling with filing with Secrelary of State l..=::J Secretary of Stale 

## D §100Changes Without Regulatory Effect 

# D Effective other(Specify) 6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW. CONSULTATION. APPROVAL OR CONCURRENCE BY. ANOTHER AGENCY OR ENTITY**~** Department ofFinance (Form STD. 399} (SAM §6660) 

# D Other (Specify) 

# 0 Fair Political Practices Commission 

# D State Fire Marshal

7. CONTACT PERSON _I TELEPHONE NUMBER 

### Afuy Whiting, Regulations Coordinator! (916) 322-6533 I FAX NUMBERjqptionall , 1 E-MAJL ADD['ESS .{.,Oplio1,1al) 

### (916)**3~2-3728**

### 1**awnitlng~aro.ca.gov** 8. Icertifythattheattachedcopy oftheregulation{s) is atrue and correctcopy oftheregulation{s) identified onthisform,thattheinformation specifiedonthisform is trueand correct,andthatIamthehead ofthe agencytakingthis action1 oradesignee.ofthe head oftheagency,and am authorizedto makethis certification.**SIGNATUR~~CY** HEAD_OfjDESIGNEE 

# ( i h.
. ../...( --1 

## IDATE 

### August 31, 2012 TYPED**~NO** TITLE OF SIGNATORY )

Lynn 

### Terry, Deputy Executive Officer For use by Office ofAdministrative Law (OAL) onlyATTACHMENT TO NOTICE OF PUBLICATION/REGULATIONS SUBMISSION STD. 400(REV. 01/09)
B. SUBMISSION OF REGULATIONS
2. SPECIFY

**CA~!FORNIA** CODE OF REGULATIONS TITLE($) AND SECTION($) (Including title 26, iftaxies related) ADOPT SECTION(S) AFFECTED 

### 2477.1' 2477.2, 2477.3, 2477.4, 2477.5, 2477.6, 2477.7, 2477.8, (List all section 

### 2477.9,2477.10,2477.11,2477.12,2477.13,2477.14,2477.15, number(s) 

### 2477.16,2477.17,2477.18,2477.19, and 2477.20 individually. Attach AMEND additional sheet if 

### 2477 needed.) . TITLE{S) REPEAL 

### 13

### FINAL REGULATION ORDER Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate
Amend article 8, Off-Road Airborne Toxic Control Measures section 2477 and adopt 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, within division 3, chapter 9, title 13, California Code of Regulations, to read as follows: 

### Note: Proposed amendments are shown in underline to indicate additions andstrikeout to indicate deletions. 

### Article 8. Off-Road Airborne Toxic Control Measures Section 2477. Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate. (a-}2477;1 Purpose. ··· Diesel particulate matter (PM) was identified in 1998 as a toxic air contaminant. This regulation implements provisions ofthe Diesel Risk Reduction Plan, adopted by the Air · Resources Board in October,2000, as mandated bythe Health and Safety Code Sections 39650-39675, to reduce emissions ofsubstances that have been determined to be toxic air contaminants. Specifically, this regulationwiU use.§ a phased·.approach .to·. :; ·· · ..,,, · reducethe diesel PM emissions from incuse transport refrigeration units·(TRUs)•and• · ····· · • · ·•·· ...

TRU generator(gen) set equipment used to power electrically driven refrigerated ·..··

.shipping containers and trailers that are operated.in California.· · c:.: ?r·

NOTE: Authority ciied: sections 39600, 39601, 396-18. 39658, 39659, 39666, 39667. 39674. 39675. 42400, 42400.1,
. 42400.2 42400.3.5, 42402 42402.2,42410.43013 43018, California Health and Safety Code. Reference: sections 39618.39650,39658 39659 39666,39667.39674,39675,42400.42400.1 42400.2, 42400.3.5. 42402 42402.2,. 42410.40717.9,43013. and 43018.


### fl:li2477.2 Applicability. 

## 01@1 Owners and operators· Except as provided in 6-lffisection M2477.3, section 2477.5 ofthis regulation applies to owners and operators ofdiesel-fueled TRUs and TRU gen sets (see definition ofoperator and owner in 6-lffisection f€l12477.4) that operate in the sState of California, regardless ofwhere the vehicle is based. This specifically includes California-based and non-Californiabased TRUs and TRU gen sets that are installed on trucks, trailers, shipping containers, and railcars.7**.:-.~**.. 

## fAt Operators and o•.vners ofCalifornia based TRUs and TRU gen sets that are installed on trucks, ortrailers, shipping containers, or railcars; and (B) Operators and owners of non California based TRUs and TRU gen sets that are installed on

**trucl~s.** trailers, shipping containers, or trailers. (b) Terminal operators: Section 

### 2477.6 ofthis regulation applies to operators of terminals located in California where TRU-equipped trucks, trailers, or shipping containers. orTRU gen sets are regularly garaged, maintained. operated, or dispatched from. including a dispatch office. cross-doc facility, maintenance shop, business, or private residence. (c) Drivers: Section 

### 2477.7 applies to drivers (as defined in section 

### 2477.4) that drive trucks ortrailers that use TRUs or TRU gen sets on California highways
.. (d) Freight brokers and freight forwarders: Section 

### 2477.8 applies to freight brokers and freight forwarders (as defined in section 

### 2477.4) that arrange, hire. tender contracts for. or dispatch the transport of perishable goods on California highways or railways in trucks, trailers. shipping containers. or railcarsthat are equipped with TRUs or TRU gen sets. (e) Carriers: Section 

### 2477.9 applies to motor carriers (as defined in section 

### 2477A·) · that use. cause to be used. ordispatch TRU-equipped trucks. trailers, or railcars,

. ortrailer chassis or shipping containers with TRU gen sets that are driven on California highways or railways. · (D California-based shippers:

.Section 

### 2477.1O.applies to California-based shippers :0·.: :i 

### .!.'''' '" (as defined in section 

### 2477.4) thatarrange. tendercontracts for, ordispatchthe"'·' •'" ., ········ transp.ort of perishable goods from any location in California in TRUcequipped or TRU gen set-equipped trucks, trailers; shipping containers. or railcars

.., 

### ·•"'·'''''•ec·.::.•••_,_·,•
..

## c··············""''· (g) California-based receivers: Section

### 2477.11 applies to California-based ...• ·. receivers (as defined in section 

### 2477.4) that arrange, tender contracts for, or • dispatch the transport of perishable goods to any location in California inTRU· equipped orTRU gen set-equipped trucks, trailers, shipping containers, or railcars. · (h) Lessors and Lessees: Section 

### 2477.12 aoolies to anv oerson that rents or leases (lessor) TRUs or TRU gen sets and those persons renting (renter) or leasing (lessee) such equipmentthat is operated in California orthat is based in California. (i) TRU and TRU gen set original equipment manufacturers: Section 

### 2477.13 applies to original equipment manufacturers (as defined in section 

### 2477.4) that direct TRU orTRU gen set sales to the California market.·
2(j) TRU. TRU gen set. and TRU-equipped truck and trailer dealers located in California: Section 2477.14 applies to TRU. TRU g·en set. and TRU-eguipped truck and trailer dealers that maintain a business location in California and sell, maintain, or repair new or in-use TRUs, TRU gen sets. orTRU-equipped trucks ortrailers. (k) Repair shops located in Californiathatwork on TRUs orTRU gen sets: Section 2477.15 applies to repair shops that maintain a business located in California and install replacement engines in TRUs orTRU gen sets, or retrofit THUs or TRU gen sets with verified diesel emissions control strategies to comply with this subarticle. (I) Engine rebuilders: Section 2477.16 applies to TRU or TRU gen set engine rebuilders that sell to the California market. 

## t2ffrr:!l Facilities: Section 2477.17 This regulation applies to facilities located in California with 20 or more loading dock

### €loOfSspaces serving refrigerated areas where perishable goods are loadedor unloaded for distribution on trucks, trailers, shipping containers, or rail cars that are equipped with TRUs and TRU gen sets and thatare owned, leased, or contracted for bythefacility, its parent company, affiliate, or subsidiarythat are underfacility control (see definition).



## ·

**~ill.l** 

## ···· Tothe extent not already covered under subsections (b)(1)·and (b)(2)fill· through (m), above, stffisection fg1 2477.18 ofthis regulation shall applyto any person engaged in this State in the business ofselling to an ultimatepurchaser,· or renting or leasing new or used TRUs orTRU gen sets, including, but not. limited to, manufacturers, distributors,--afl€1dealers. auctioneers, carriers, private fleets. independentowner-operators,··andrental and ·leasing.companies;.

**_L:•i:;;c;~~:i}:.:.'L,•;·\:c:::L~·.;** '., '''-.·-,· (o) For purposes ofthis.subarticle, the terms "lease."':leased," "lessor," and

**''lessee~'** , ._- _ ··. _.. mean the same as ''rental agreement/ ''rented,"

.."owner.of rentedvehicle,": and:·

..:;·:• "renter," respectively. 

### (4) TRU andTRU gen set original equipment manufacturers that directly or indirectly •· sell or offerfur sale TRUs and TRU gen sots to the California marlmt: ·" - ·· 

### (at Severability. Ifany subsection, paragraph, subparagraph, sentence, olause,

. phrase, or portion ofthis regulations is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competentjurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affecttho validity ofthe remaining portions ofthe regulation. NOTE: Authority cited: sections 39600 39601. 39618. 39658. 39659 39666 39667. 39674. 39675. 42400. 42400.1 42400.2. 42400.3.5. 42402.42402.2 42410.43013.43018. California Health and Safety Code. Reference: sections 39618.39650 39658.39659.39666,39667.39674.39675 42400,42400.1.42400.2 42400.3.5. 42402 42402.2. 42410 40717.9 43013 and 43018.
3

### fet2477.3 Exemptions. (a) This regulation does not apply to militarytactical support equipment. (b) Obviously non-operational TRUs or TRU gen sets are exempt from certain sections ofthis subarticle, as specified below. exceptthatthe prohibitions in section 2477.18 apply with respect to selling, renting, or leasing to a person that could be reasonably expected to operate the TRU in California: (1) AnyTRU that is removed or separated from the truck ortrailer

### van, shipping container. or rail car. This exemption does not include TRU gen sets that are not attached to a shipping container or trailer chassis. (2) AnytrailerTRU housing that remains attached to atrailer

### van, butthe fuel tank and battery have been removed and a label with the word "NONOPERATIONAL" has been affixed or attached to the housing in letters thatcontrast sharplywith the color ofthe TRU housing and can be seen from 50 feet during daylight hours when the vehicle is stationary. (3) Anytruck TRU housing that remains attached to a truck van, butthe positive and negative battery cables, fuel supply and return lines, and condensate drain line have been removed so thatthere are no visible ancillary connectionsto theTRU ·· housing and a label withthe word ''NONOPERATIONAL" has been affixed or ··· ·· '"' attached to the housing in letters that contrast sharply with the color ofthe TRU
·. housing and can be seen from 50.feet during daylight hours whenthe vehicle is ·· c.• •· ··

stationary.
·• :· .• {4) Any TRU orTRU gen setthat has no engine orfuel injection system installed;'U'''Lt

**0'.•'l'i'~''** " • making the engine incapable of being started. · ·· ·· •• ··•·• •• 

### ··•·>• ·•·· ·

- ---- ·--

**):~:·;,.** :· .•.• ··:

**:.:~:** :{5)TRU gen sets.that.have been quarantined· in a designatedarea that is .separated

**:;;""':;;;·~·)·:** 

### ;•,:3.·''· from other compliantTRU gen sets by a cordon or barrierwith signs that read · · ·

**"NONCOMPLIANT-~** DO NOT OPERATE IN CALIFORNIA". Bright red tags must be affixed.to the TRU gen setcontrol panel atall times while in California that read: "NONCOMPLIANT- DO NOT OPERATE IN CALIFORNIA".·TRU gen sets may be stored in a shipping container in lieu of being quarantined in a .... cordoned area. (c) Transport refrigeration systems that are not driven by an integral diesel internal combustion engine are exempt from the requirements ofthis subarticle. Examples of exempt equipment include, but are not limited to: (1) transport refrigeration systems that are driven by gasoline-fueled internal combustion engines;

4'.::, .

. . - ,_,. (2) transport refrigeration systems that are driven by electric motors with no integral diesel engine providing power; or (3) Pure cryogenic temperature control systems with no diesel engine driven refrigeration system integration

.

. (d) TRUs that are used during an emergency (as defined) are exemptfrom the in-use performance standards ofsection 2477.5(al ofthis subarticle. provided the requirements of section 2477.5(j) are met. This exemption expires on January 1, 2025. California-based TRUs are not exemptfrom the ARBER registration requirements in section 2477.5(e). (e) (1) Noncompliant TRUs on refrigerated railcars that are not operated while traveling through California shall be exempted provided the Executive Officer has previously

.. approved awritten compliance plan submitted bythe railway carrier.

.·. ' ··-.: . (2) The written compliance plan must clearly identify the monitoring, recordkeeping, and reporting procedures that the railway carrier will implement and utilize to ensure that noncompliantTRUs on refrigerated railcars will notoperate while in California. (3)The compliance plan shall establish monitoring, recordkeeping, and· reportingi:c,,,.,,. ••"'

·proceduralrequirementsthatthe ExecutiveOfficerfinds are sufficient to,identify. · · · -·· ·. ·

non-compliantTRUs being moved on railways in California and to ensure that such TRUs will not operate at anytime while they are presentwithin California. '" • ··· · (A)The compliance plan must include, without limitation: the procedure for · ·.

. .

tracking and.recording.routesand dates oftravelwithin Californiaofeach:','c. 

### ,;_::i;:;,::,::c;L'Li: noncompliantTRU,·information identifying each noncompliantTRU (e,g. the,·· ,.,. · ·•••7• · railway carrier's reporting markfollowed by the one-to-six-digit numberwhich,:
__

, together uniquely identifies the railcar). 

### a descriptionofthe automated·
..**,":'JL'c.'.~··::c'.'·'''-'•~':,_,-,::,-**

### ..::.• monitoring and recordkeeping system for reporting the TRU "engine on" or· ·· "engine off" status, and the procedure for expeditiously reporting violations -. . observed and/or discovered bythe railway.carrier.' · · (B) A statement is required, signed by an authorized railroad representative, declaring thatthe railway carrier agrees to be bound bythe compliance plan. , ................ . (4) Within 30 days ofthe submission of a complete compliance plan, the Executive Officer shall approve or disapprove the compliance plan based on the information submitted by a railway carrier as specified in sections 2477.3(e)(2) and (3) above, and based on good engineering judgment. Ifthe compliance plan is disapproved, the Executive Officer shall inform the railway carrier ofthe reasons for the disapproval. The railway carrier may revise the compliance plan to address the basis for disapproval and resubmit the compliance plan for EO approval or disapproval.

5(5) The railway carrier shall maintain records collected pursuantto the approved compliance plan for a period of at least three (3) years and makethese records available to ARB upon request. 

### ill Railway carriers are exemptfrom the owner or owner/operator requirements of section 2477.5 for any TRU orTRU gen setthat is not owned by the railway carrier. provided: (.1) The TRU or TRU gen set is not leased by the railway carrier. in which case. section 2477.12 applies: or (2) The railway carrier or its agent is only fueling, monitoring to assure proper operation. keeping in operation. arranging repairs at the request ofthe owner. or restarting the TRU orTRU gen set engine after an unscheduled shut-down or

. repair. and is not performing any ofthe otheractivities listed underthe definition

of "operate". NOTE: Authority cited: sections 39600, 39601 39618, 39658, 39659 39666, 39667 39674, 39675, 42400, 42400.1, 42400.2,42400,3.5 42402. 42402.2, 42410, 43013. 43018, California Health and Safety Code. Reference: sections. 39618, 39650; 39658,39659.39666 39667,39674,39675 42400,42400.1 42400.2,42400.3.5, 42402,42402.2, 42410 40717.9 43013 and 43018. Definitions. @)_For purposes ofthisregulation,thefollowing definitions apply: (1) "Affiliate orAffiliation" refers to a relationship ofdirector indirect control.or.•
... . ·· . . . . ,.,._.,,.,c_}:.: 

### ··>.'':<•:

..: ..

### ·.·:.·;cc_•.:·: .··' sbar(;)Q

**i!li@rests·b~tll\ll:)e.nthe** sqpje_c:;tp:usiness andan.Qther.business, ''·' 

### c£0?;:::?:•.• '·-··· '

. (2) "Aitl:)rna,tive_Fue_l" means

**na~wal** gas,propane, ethc:uipl; methanol, or•··- ·· ·· ·-··


### .,

**:a~tvanQ~Q. -.t~?.Gh** 

## n

**9!Q:g:i:es.:Jh.~t:-d Q.':--~f!** 

### qt

**r~J.y:·~g_n::Q:i~.§~** 

### J

**JLI~_!,'~· ~-~9E?Pt** **'~.$.~.?:. pi:Jq_t·?:-~** **~ _'.~:3;~~5~2**  ..·:.:.i

_ **~:~~~ ,~:_::;~;--;_~-->;::**  ignition source at an average ratio of lessthan 1 part diesel fuel to 10 parts· ·

.total fuel on anenergy equivalentbasjE;
...Alternative fuels also means any of· •· these fuels used in combinationwith_ea_c:h otheror incombination with other '· · non-diesel fuels. Alternative-fueled engines shall not have the capability of idling or operating sglely ondiesi:)I

**fu~l** at any time
... (3) "Alternative-Fueled Engine" means an engine that is fueled with a fuel meeting the definition of alternative fuel. (4) "Alternative Diesel Fuel" means any fuel used in diesel engines that is not commonly or eommereially lmovm, sold or represented as a reformulated diesel fuel No. 1 D or No. 2 D, 13ursuantto the SFJeeifieation for Diesel f'uel Oils 0975 81 as defined in sections 2281 and 2281 oftitle 13, California Code of Regulations ICCR), and does not require engine orfuel system modifications forthe engine to operate, although minor modifications (e.g.

6recalibration ofthe engine fuel control) may enhance performance. Examples of alternative diesel fuels include, but are not limited to, biodiesel, Fischer Tropsch fuels, and emulsions ofwater in diesel fuel. Natural gas is not an alternative diesel fuel. An emission control strategy using a fuel additive will betreated 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 ofthe vehicle orengine, 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 singleengine or vehicle. (5) "ARB" means the California Air Resources Board. (6) "ARBER" means the ARB's Equipment Registration system. 

## fefill "B100 Biodiesel Fuel" means 100% biodiesel fuel derived from vegetable oil or animal.fat and complying with .AmericanSocietyfor Testing Materiais;

..; .• fASTM}D 6751-02 and commonly or commercially known, sold, or •· · ··· --···- - represented as "neat" biodiesel or B100. B100 biodiesel fuel is an alternative diesel fuel.



## -RfiD. "B100 Biodiesei-Fueled" (compression-ignition engine) meansa.·

··•·· compressioncignition enginethatisJuelecLbyBJOO.biodieselfuel:

. (9) "Broker" means a person, otherthanamotorcarrier or an employee or

**agent~-':,_·;.'>:_,**__;: ......



### . < :.. ..•... :ofa motor carrier, that as a.principal or•agent sells;offersfor

**sale;.neqotiates:?''iL~2'** 

### •::-c-;.;_i'i for, or holds itselfout by solicitation, advertisement, or otherwise as selling, · providing, or arranging for, transportation by motor carrier for compensation.

• •• • .r ; ' tsf.{1Q}"Business" means an entity organized for profit including, butnot limited to, an individual, sole proprietorship, partnership, limited liability partnership; corporation, limited liability company, jointventure, association or cooperative; or solely for purposes ofthe Prompt PaymentAct (Government Code 927 et seq.), a duly authorized nonprofit corporation. (11) "California-based shipper" means a shipperthat operates a facility in California where wholesale freight is located priorto its transportation. (12) "California-based receiver" means a receiverthat operates a facility in California where wholesale freight is received.

7I.



### l.. 

# I f91Ul}"California-Based TRUs and TRU Gen Sets" means TRUs and TRU gen sets equipped on trucks, trailers, shipping containers, or railcars that a reasonabJe person would find to be regularly assigned to terminalswithin California. fWj.(Hl"CARB Diesel Fuel" means any diesel fuel that is commonlyor 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 meets the specifications defined in 13 CCR 2281, 1.3 CCR 2282, .and 13 CCR 2284. ft'i1.{1§l"Carbon Monoxide (CO)" means a colorless, odorless gas resulting from the incomplete combustion ofhydrocarbon fuels.

**~@"Carrier"** means any person, party, or entity who undertal(eS the transport ofgoods H-om one point to another "motor carrier".

**~.{1ll"Certification"** means the obtaining ofan Executive Orderfor a new off-road compression-ignition engine family that complies with the off-road compression-ignition emission standards and requirements specified in 

### the title 13 California Code of Regulations, Title 13, a§.ection 2423. A "certified engine" is an engine that belongs to an engine family that has received a ·certification- Executive Order.
. ,,.''• f-14111.ID."Certification Data" means the ARB Executive Order number and related exhaust emission data for each test cycle mode used to certify the engine · family and obtain the certification level shown in the certification Executive Order. Such data includes modal exhaust emissions .data for nitrogen oxides, ·· ·.·' ··· ····nonmethane hydrocarbons, carbon monoxide,:andparticulate matter:e· •• ''''"'"•··: :;:n!D•: :c:o:

includes, as a minimum,torque, enginespeed,weighting factor, power,·mass · · · ··. emissiOIJJ<Jte {grams

**p~rhour);** ancJ.certifigation testfuel.

----

**<~**..:- ___.__,_____ ..

**~::' :::~.** 

**~Dm"Compression** Ignition (CI) Engine"·means an internal combustiori·engine ·· with operating characteristics significantly similarto the theoretical diesel •..· : combustion cycle. The regulation ofpower bycontrolling fuel supply in lieu of ·· ···' a throttle is indicative ofa compression ignition engine. f'l-@t(20)"Consignee" (see receiver). f1-7t.{W"Consignor" (see shipper).

**~(22l"Cryogenic** Temperature Control System" means a heating and cooling system that uses a cryogen, such as liquid carbon dioxide or liquid nitrogen that is routed through an evaporator coil that cools air blown overthe coil. The cryogenic system uses a vapor motorto drive a fan and alternator, and a propane-fired heater superheats the carbon dioxide for heating and defrosting. Electrically driven fans may be used instead ofa vapor motor and
8. ---,' heating and defrost needs may be met by using electric heaters and/or vehicle engine coolant. (23) "Delegation" means entrustina bv contract another party to act on the owner's behalfwithout forfeiture ofany rights or property. fWj(24)"Deterioration Factor (DF)" means a factor that is applied to the certification emission test data torepresent emissions at the end ofthe useful life ofthe engine. Separate DFs applyto each measured pollutant, except that a combined NMHC+NOx DF applies to engines that do not use aftertreatment devices. Decreasing emissions overtimewould not be allowed to offset increasing emissions ofthe other pollutant in this combined DF. t2-0}(25l"Diesel Fuel" means any fuel that is commonly or commercially known, sold, or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons - organic compounds consisting exclusively ofthe elements car\Jon and hydrogen- that is sold or represented as suitable for use in an internal combustion, compression-ignition engine.

**~(26l"Diesei-Fueled"** means fueled by dieselfuel or GARB diesel fuel in whole 

### --or in .part;.-except-as.:allowedforapilot ignition.source 

### under the.:definitiop-ofQr,,- _:;;,...,:·..

**·:::~:--**

### ...

**.r-.~~-· .·:~-,.-~-.-:.**  ·"alternative fuel". · · · - ··

**~(27)"Diesel** Oxidation Catalyst(DOC)" meansthe use ofa catalyst to promote the oxidation processes in diesel exhaust. Usually refers to an emission control device that includes a flow-through .substrate where the ·. . · surfaces.that contact the•exhaustJiow-.have.been

..catalyzed to

**reduceY~''''''-'"''** ;·•• ·J>'c-:Cl2-:··-c.::··
· emissions ofthe organic fraction of diesel particulates, gas-phase • · ,_.,.,,. · ,.,. · ··.c:· •• ··

hydrocarbons, andcarbon monoxide. · ...

··•

**~(28)"Diesel** Particulate Filter (DPF)" means an emission control technology ·· that reduces PMemissions by trapping the particles in a flowfilter substrate, .' .Periodically the collected particles are either physically removed or oxidized•.• (burned off) in a process called regeneration.

**~(29l"Diesel** Particulate Matter" means the particles found in the exhaust of

.. diesel-fueled Cl engines. Diesel PM may agglomerate and adsorb other species to form structures of complex physical and chemical properties. (30) "Dispatch" means to coordinate deliverv. pickup, and drop-off schedules of vehicles; and monitorthe deliverv offreight from these vehicles. (31) "Dispatched driver" means the driver of atruck ortractor-trailer combination that has been dispatched by a motor carrier. freight broker or forwarder. shipper. or receiver.
9 '\"',

# I (32) "Driver" means a person who physically operatesatruck or tractor. Drivers may also be an owner or an operator. Drivers are not railroad engineers.

**~(33)"Duai-Fuel** Engine" means an engine designed to operate on a combination ofalternative fuel, such as compressed natural gas (CNG) or liquefied petroleum gas (LPG), and conventional fuel, such as diesel or gasoline. These engines have two separate fuel systems, which either inject both fuels simultaneously into the engine combustionchamber or fumigate the gaseous fuel with the intake air and inject the liquid fuel into the combustion chamber.

**~(34)"Effective** model year" or "effective engine model year" is an alternative model-year designation (see definition of "model year") for a new replacement engine, rebuilt replacement engine, orflexibility engine when the engine does not meet, at the time of manufacture, the most stringent emission tier standard for a new engine in effectforthe horsepower rating ofthe engine. When an engine is manufactured to meet a less stringent prior-tier emissions standard than is currently in effect, the effective model year is the last year thatthe prior-tier emission standard was in effect. Table 1 lists the tier

**';st~ndards,thatapply::to:.TRtJs,:and::TRU:** 

### gen sets-and.the corre.spondiog-::, -"', :;:_::; /::

..

**,;.s,_,:·,~;c·::_:-~:~~:,2** --·-::" 

### _,_..-i effective modelyears. · · · · · ·· · ·· ··· Table 1



### ··• Prior-TierEngine • .. ·TierStandard • 

### Effective

### Years •EffectiveMode/.•ll··.:r·ci'•i"'•··':

**c>••·:?~<•l** :.c···:, . ;:-;;·,-.·, , .. 

### EmissionsStandard •
-•·... Tier 1, under25 H ·truck · Tier 2, 25-50 H ·trailer)· Tier 2, under 25 Hp (truck) Tier 4i, 25-50 hp trailer) 1999-2003 2000-2004

. 2004-2007
.

2005c2007 2008-2012 

### Year 2003 2004

. 2007

2007 2012 (35) · "Electric-Standby-Equipped TRU" means a TRU that is equipped with anintegral diesel-fueled internal combustion engine and electric-powered motor and the refrigeration system may be driven by eitherthe diesel-fueled internal combustion engine or the integral electric motor. (36)

. "Electronic Tracking Svstem" means a system that meets the following criteria:

1 Effective model year applies forthis tier only afterTier 4f becomes effective in 2013 for25to less than 50 hp engines. 10 :,

_ _ . -(A)The tracking device must acquire, at a minimum, date. time, TRU engine hour meter reading, and location data at a rate of at least one reading per minute

.. with no more than 10 minutes data gap. (B)The tracking device must be capable ofdetermining ifthe TRU orTRU gen set location iswithin California and determining the TRU engine run time in California for each day. (C)The tracking records must be collected by an independent entity with no business relationship to the owner or operator ofthe TRU orTRU gen set being tracked, otherthan to provide the tracking service. The data shall be stored on a serverthat is secure from tampering and inaccessible to the TRU orTRU gen set owner or operator. otherthan to download reports overthe Internet. An inspector shall have free access to download reports from this. website overthe Internet that showthe TRU or TRU gen set engine operation in California for each day.

**~(37)"Emergency"** means any ofthe following times: (A) A failure or loss of normal power service that is not part of an "interruptible service contract" (seedefinition in subsection (d)section 2477.4); (B)A failure of a facility's internal power distribution system, provided the failure is beyond the reasonable control ofthe operator; 

### "'' • ,,,,,, ·· .. • .. · · · (G)When an•affectedfacility.is placed:under an involuntary "rotating•outage!':(see::;,;>:::•scJ:,,,,,

..,,,, definition in subsection (d)section 2477.4). "·' · ·· ···· •

**·~··** · • 

### (DlWhen the President ofthe United States or the Governor ofthe State of California declares a state ofemergency related to any type of disasterwhere· · TRU-equipped trucks ortrailers provide foodservice to incident responders.
···· including but not limited to, forest fires and earthquakes. >,.yrrc·::.::·,):•·:,:• ·(E)When the NationallnteragencyFire Center dispatches mobile

**catering·•:•·.~:.~;,::s::i;o,<** ,.,, :'.''·"' •
··"' ········· · ··• service businesseswith TRU-equipped trucks ortrailers toprovide · ·••••· · ,,, ·· ••...,,,.. ·· foodservice to incident responders located in California, (38) "Emissions Control Group"·has the same meaning as defined in title 13 CCR section 2701

·

**~(39)"Emission** Control Strategy" means any device, system, or strategy employed with a diesel-fueled Cl engine that is intended to reduce emissions. Examples of emission control strategies include, but.are not limited to, particulate filters, diesel · oxidation catalysts, selective catalytic reduction systems, alternative fuels, fuel additives used in combination with particulate filters, alternative diesel fuels, and combinations ofthe above. f2-91(40)"Emissions Rate" means the weight of a pollutant emitted per unit oftime (e.g., grams per second).

**~W"Executive** Officer" means the Executive Officer ofthe California Air Resources Board or his or her delegate.

11**~(42l"Facility"** means anyfacility where TRU-equipped trucks, trailers, shipping containers or railcars are loaded or unloaded with perishable goods. This includes, but is not limited to, grocery distribution centers, food service distribution centers, cold storage warehouses, and intermodal facilities. Each
·business entity at a commercial development is a separatefacility for the

purposes ofthis regulation, provided the businesses are "independently owned and operated" (see definition in S\fSsection fEif2477.4).

**~(43)"Facility** Control (ofTRUs orTRU Gen Sets)" means the TRUs or TRU gen sets located at the facility are owned or leased by the facility, its parent company, affiliate, or a subsidiary, or under contract for the purpose of providing carrier service to the facility, and the TRUs' or TRU gen sets' arrival, departure, loading, unloading, shipping and/or receiving of cargo is determined by the facility, parent company, affiliate, or subsidiary (e.g. scheduled r€)ceiving, dispatched shipments).

**~(44)"Fischer-Tropsch** Diesel Fuel" See "ultra-low-aromatic synthetic diesel fuel".

**~(45)"Fiexibility** engine" means an engine installed in new equipment by an original equipment manufacturer underthe Transitional Program for Equipment

........ ,,.•··• , •.

, :·· ·· Manufacturers. in.accordancewithtitle40:Code-ofFederai.Regulations(40 •.CER)"•

**•-:~.::··** ·,:,,:••:·:, sections 89.102 and 1039:625, andtitle 13CCR section 2423(d). Such engines .shall use the "effective model year" designation for purposes of compliance with this subarticle, except as allowed under subsection (e)(1)(B)5.a.section · 2477.5(b)(5)(A)

.

... .(47)• "Freight Forwarder" means a person.holding itselfoutto the

**generalpublic(othen•32:c~:;_,_** .· - than as a pipeline, rail, motor, or water carrier) to provide transportation of '· ? 

## :c'.>'·'' .···property for compensation and in theordinarycourse of its business does the··

following: · • (A) Assembles and consolidates, or provides for assembling and consolidating.·.•··· shipments and performs or providesfor break-bulk and distribution operations · ofthe shipments: {B) Assumes responsibility for the transportation from the place ofreceiptto the

.. place ofdestination: and (C) Uses for any part ofthe transportation a motor carrier or rail carrier.

**~(48)"Fuel** Additive" means any substance designed to be added to fuel or fuel systems or other engine-related engine systems such that it is present in-cylinder during combustion and has any ofthe following effects: decreased emissions, improved fuel economy, increased performance ofthe engine; or assists diesel emission control strategies in decreasing emissions, or improving fuel economy or increasing performance ofthe engine.
12**~(49)"Generator** Set (gen set)" means a Cl engine coupled to a generator used as a source ofelectricity. (50) "Highway" has the same meaning as defined in California Vehicle Code section 360. (51) "Hybrid electric TRU" means aTRU that is powered by an integral diesel-fueled internal combustion engine coupled to an electric generatorthat provides electric powerto an electric motor-driven refrigeration system and fans within the same housing and is designed to control the environment oftemperature sensitive products that are transported in trucks and refrigerated trailers. Hybrid electric TRUs may be capable of both cooling and heating.

**~(52l"Hybrid** Cryogenic Temperature Control System" means atemperature control system that uses a cryogenic temperature control system in conjunction with a conventional TRU.

**~(53)"1ndependent!y** Owned and Operated" means a business concern that independently manages and controls the day-to-day operations of its own business through its ownership and management, without undue influence by an :::,..;,,;; ••.•,. ,c;;: ,,:•· •.·.,·• •··.· outside entity.or.person that.may have.anownership.and/or-financiaLinterestin :•. the management responsibilities of'the applicant business or small business.-··· · · · ·

**~(54)"1ntermodal** Facility" means a facility involved in the movement of goods in·one ·· and the same loading unit orvehicle which uses successively several modes oftransportwithout handling ofthe goodsthemselves in changing modes. Such a facility.istypic<3lly invqlv_edjn loa(jing and unl()ading-refrigerated.shipping ·· · · ...·containers and trailers to and from railcars; trucks, andocean-going ·ships:···· ·· · · • ... ··•· ··

···- .. .. -- .

. _:(4Qt(55)"1nterruptii:Jie$ervice Contracf'mean$·,anyarrangemf;nt in.which

.

## .a. nonresidential electrical customer agrees to.reduce orconsider reducing its· ·· ·.., · · · electrical consumption during periods of peak demand or at the request ofthe

.. SystemOperator in exchange for compensation, or assurances notto be blacked • •·· out or other similar non-monetary assurances. t#t(56)"1n:UseTRU, TRU gen set, or engine" means a.TRU, TRU gen set, orengine
... that is not a "new" TRU, TRU gen set, or engine.

**~(57)"**Low Emission TRU (LETRU or L)" means a TRU orTRU gen setthat meets the performance standards described under paragraph (e)(1)(/\)1. or (e)(1)(/\)2.section 2477.5(a)(1) and (2).

**~(58)"Manufacturer"** means a business as defined in Government Code§ 14837(c).

13t44fl59l"Military tactical support equipment (TSE)" means equipmentthat meets military specifications, owned by the U.S. Department of Defense and/orthe U.S. military services, and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.

**~(60)** "Model Year (MY)" means the following: (A) The designation used for engines manufactured to meetthe emissions tier standard in effectfor new engines attime of manufacture (see alternative designation, "effective model year, defined above); and (B) The diesel-fueled engine manufacturer's annual production period, which includes January 1st ofa calendaryear, or ifthe manufacturer has no annual production period, the calendar year. 161) "Motor Carrier" means a person providing motor vehicle transportation for compensation.

**~(62)"New** TRU, TRU Gen Set, or Engine" means any TRU, TRU gen set, orengine that has never been subjectto a retail sale or lease to an "ultimate purchaser" (see definition in wesection W2477.4). f4BI63)"Nitrogen Oxide (NOx)" means compounds ofnitric oxide (NO);·nitrogen dioxide· (N02), and other oxides of nitrogen. Nitrogen oxides are typically created during combustion processes and are major contributors to smog formationand acid·- deposition

.

... ,,,, ..., **J''.<~I64)"Non"California"BasedTRUs** andTRUGen.Sets"•meansTRUs_and TRU:gen· 

### ······c <.:•:•,.•,:•::••.•
·· · '' ··.-- · sets that are equipped on or used in trucks, trailers; shipping containers, or · ••- __ ,,.. ·

**railcar~thatareasonable** personwoulclfi11d to beregularly assigned to terminals· outsid€l of Californiaand.operate in Californiafromtimetotimefor the purpose of•. transporting perishable goods intoor outofthe state:

· **~(65)"Non-methane** Hydrocarbons (NMHC)"means.the.sum of all hydrocarbonair• -·-

. pollutants except methane. NMHCs are precursorsto ozone formation

.

..·[6-6J-"I'Ji5ili'etaimeliverv or PickWPoint" meanswnolesaleoerisnal5lergoods
_ ..... _______ .... ___ distribution facilities or businesses in the supply chain priorto retail facilities or businesses. This includes, but is not limited to, food manufacturing facilities, shipperwarehouses. transfer points, distribution centers, cold storage warehouses. and intermodal facilities where perishable goods are loaded or unloaded.

**~(67)"0perate"** means to start, cause to function, program the temperature controller, select an operating program or otherwise control, fuel, monitorto assure proper

14operation, or keep in operation. A TRU that is operational (e.g. capable of being operated) shall be considered to operate if it is in California. {&B(68)"0perator" means any person (as defined), party or entitythat operates a TRU orTRU gen setfor the purposes oftransporting perishable goods, excluding an employee driver and third party maintenance and repair service, and including but not limited to a:_(/\) Mmanufacturer, producer, supplier, carrier, shipper, consignor, consignee, receiver, distribution center, orwarehouse of perishable goodsi. An operator may also be the driver if it is also the owner (e.g. independent owner-operator). (19) An inelividual, trust, firm, joint stool< company, business eoneorn, partnership, limited liability company, association, or corporation ineluding but not limited to, a government corporation; (C)/\ny eity, county, elistriet, commission, the state or any elepartment, agone;•, or political subelivision thereof, any interstate body, and the feeloral government or any department or agencythereofto the e>Etent permitted by 

### Jaw.. (69) "Original equipment manufacturer (OEM)" means any person that originallv manufactured new equipmentfor sale in commerce. This does not include a dealerwho receives new equipmentfor sale in commerce.

**-~{70)"0wner"** means anyperson tt:Iat legally holds tt:Ie title (orits equivalent) showing·· · · · ··· •·· · ownership of a TRU orTRU gen set, eJEeluding a bani( or otherfinancial lending
· institution, and including but not limited to: · · · ·· ·

(A) Manufacturer, producer, Sllpplier, carrier, st:Iipper, consignor, consignee, receiver; distribution center, waret:Iouse;

... ·

. "'c '·
· ·. (B) An individual, trust, firm, jointsteel( company, business eoneern, .partnership·, limited.liability company, association,. orcorporation .ineluding but notlimito.d •. , , . "

. to, a governmont corporation;·· (C) Any eity, county, district, commission, the state orany department, agency, • or political subdivision thereof, an)' interstate body, and the federal government or any department or agenoy tt:Iereof to the e>EteAt permitted by 

## .Jaw...
means. except as modified by paragraphs (Al or (8) below, the person legally holding title (or its equivalent) to the TRU orTRU gen set, or eitherthe person (see definition) registered as the owner or lessee of a vehicle by the California Department of MotorVehicles or its equivalent in another state, province, or countrv, as evidenced on the vehicle registration document carried in the vehicle to which the TRU is attached, unless such person, can clearly demonstrate, with written documentation. that another person (e.g., a lessee) is financially responsible for the maintenance ofthe TRU orTRU gen set, including
15 ,.,. ,.. ,.......:";·:. ,. responsibility for installing and maintaining the emissions control technologies on the TRU orTRU gen set. and registering the TRU with the California Air Resources Board's Equipment Registration (ARBERl system, as required by this subarticle. An owner may also be a driver or operator. (A) Banks, otherfinancial lending institutions, or other entities engaged in the act offinancing TRUs are not owners, forthe purposes ofthis subarticle unless they otherwise have an obligation to comply with this regulation (e.g., contractually responsible forthe maintenance ofa TRU under a sales or lease agreement)

. (B) For a TRU-equipped truck ortrailer, orTRU gen set owned by the federal government and not registered in any state or local jurisdiction, the owner means the department. agency, branch, or other entity ofthe United States, including the United States Postal Service. to which the vehicles in the fleet
·are assigned orwhich have responsibility for maintenance ofthe vehicles.

**~fZ.1)."0wner/Operator"** means a requirement applies to the owner and/or operator of aTRU or TRU gen set, as determined by agreement or contract between the parties ifthe two are separate business entities.

,, **:.~(72l"Parent** Company" means a company thathas a controlling interestin"another::•z.': .· company, usuallythroughownership ofmorethan

**one~halfthevoting** stock.· ··· .. · · · -- · · · ·

**~(73l"Particulate** Matter (PM)"means the particles found in the exhaust of Cl ···. · engines, which may agglomerate and adsorb other species to form structures of complex physical and chemical properties. · · .. . . ·· .:"Person" means··an-individual. corporation; business--trusc·estate,c·trust

**:-,>.·-~:.,;,-,·~-::** :•_.._,.•._· · ··••· ,.,_,. ·

partnership, limited liability company, association. joint venture, government·'-· .'

.. ·.·,,,.,,,, ·· .governmental subdivision,agency,.orinstrumentality; public corporation, onaiWc•'cCi.•to'i:•;:.c+:.;: ,.... other legal or commercial entity. · .... ··

,., ···(75) ·Prior-Tier Replacement Engine'' meansa newreplacement engine manufactured· undertitle 40 CFR, section 89.1003and 1068.240, and title 13 CCR, section 2423(il, as those sections existed on August 31, 2012, that meets a.priortier of the new engine emissions standards than the tier ofstandards currently in .effect.

.. atthe time ofmanufacture. (76) "Rail Carrier" means a person providing common carrier railroad transportation

. for compensation. but does not include street. suburban, or interurban electric railways not operated as part ofthe general system of rail transportation

**~(77)"Rated** Brake Horsepower" means the power delivered, according to the statement ofthe engine manufacturer, at the rated speed.

16tQ1(78)"Real Emission Reductions" means that an action is taken that results in reductions in the PM emission rate ofan in-use engine (e.g. a VDECS is. installed that reduced the PM emissions rate by more than 50%).

**~(79l"Receiver"** means the person, party, or entity thatreceives shipped goods, cargo, or commodities.

**~(80)"Refrigerated** Trailer" means a trailervan, railcar, or shipping container equipped with a TRU or TRU gen set. Pursuantto Health and Safety Code

. section 39618, refrigerated trailers are mobile sources and shall be regulated by the ARB on a statewide basis. · (81 l "Repower" means to replace an existing engine in a vehicle or piece of equipment with another engine that is within the same categorv as the original engine and that is certified to emissions standards that are more stringentthan the emission standards ofthe original engine (e.g. replacing a Tier 1 enginewith·· ··· a Tier2 or later engine). (82) "Retail Deliverv Point" means facilities or businesses where perishable goods are delivered to retail businesses that sell these goods to end users. This includes, but is not limited to, grocerystores, convenience stores, drug.stores, restaurants,
· .,.,_..,, .. ,_,_,, .,.,_ and prisonoroschool cafeterias,.
.._ ...

**~(83)"Rotating** Outage" means a controlled involuntary curtailment of electrical power service to consumers as ordered bythe system operator- see definition in ,., · Slffisection f€112477.4. (84) "Semitrailer" means a ''Semitrailer" as defined-in section 550 of:the California._·

__-"--'-'-"'·''

· ""' - Vehicle Code.

·-- . ·- -· '''" -"'

**,,~-** •·:@:B(85)".Shipp_ef''.meansthe.person;

__party,.()f'entitywllo usuallyownsQrsuppliesth.§• ;;n ,_ ,_,,,_.-_.,,,,.. commodities shippedtransported bya carrier. orthat has possession offreight --- priorto its transportation. This may include, but is not limited to, food manufacturers, processors, packing plants; temporarv cold storage facilitiesrand,,_,

·· '· ' distribution centers.

**~(86)"System** Operator" mean§ one ofthesE)v§ral organizationsthatc;ontrol energy. · in California. System operators include, but are not limited to, the California Independent System Operator, the Los Angeles Department ofWater and Power, the Imperial Irrigation District, the Sacramento Municipal Utility District. f@Jf(87)"Terminal" means any place where a TRU orTRU gen set equipped truck, trailer, shipping container, railcar orTRU gen set is regularly garaged, maintained, operated, or dispatched from, including a dispatch office, cross-dock facility, maintenance shop, business, or private residence.

17(88) "Terminal Operator" means the person that owns a terminal. t@4j(89)"Tier 4 Nonroad/Off:road Emission Standards" means the emission standards and associated procedures promulgated by U.S. Environmental Protection Agency in "Control of Emissions ofAir Pollution fromNonroad Diesel Engines and Fuel; Final Rule" (Vol. 69, No. 124 Fed.Reg. pp. 38957-39273 (June 29, 2004). (90) "Third Party Agreement Confirmation Information"meansthe information used to
. notifyARB that responsibility for registering a TRU in ARBER has been delegated to the lessee orto a consultant.

**~.ill1}"Transport** Refrigeration Unit (TRU)" means refrigeration systems powered by integral internal combustion engines designed to control the environment of temperature sensitive products that are transported in trucks and refrigerated trailers. TRUs maybe capable of both cooling and heating. (92) "Trailer" means a semitrailer. twj(93)"TRU GeneratorSet (TRU gen set)" means a generator setthat is designed and· used to provide electric powerto electrically driven refrigeration units of any kind.

- . ,, ·This.

**includes,~but** is not limited to gen setsthatprovide electricity.to electricaiiYJE•.:·.u;;r ,_,,••,.,,,..

**~-''"""** ··poweredrefrigeration systems for

**semi~trailer**vans and shipping containers:

·· ·· **~(94l"UitimatePurchaser"means** withrespectto a newTRU, TRUgen set; or.·;····- · ······ engine, the first person who in good faith purchases a newTRU, TRU genset, or engine for purposes otherthan resale. • •• . • . ••• • I

I ;_·I

- teSf(95)"Uitra-LowcAromatic Synthetic Diesel Fuel" meansfuel produced fromnatural "'"'""''""

**'-·~1**

.gas, coal, orbiomC!SS bythe Fischer-Tropsch gas-to-liquid chemical comzer!)ion

.

**~** 1 :

,••. _._.. e.
**.proc~ss,** orsi.milar.processthat-meets.theJollowing properties: .,,_.,,, **s~:·.C';c•c:_-::."•"'"'''''';''·••••••**

:·

**~'.** ·,- Table 2

.. 

### Property ···-·····-..·_ :.•-..•._ ···-· 

## .••.••. c})<"

. .

.

# . . ..... 

### '•"ASTM > 

## ·-·····value···•

# •I· ' SulfurContent (pprnw)

. D5453-93 <1
. .. ·.•: Total Aromatic Content (wt %) D5186-96 <1.5% PolynuclearAromatic Content (wt %)

. . D5186-96

. <0.5% .. Natural Cetane Number . D613-84 >74 t@91(96)"Uitra-Low Emission TRU (ULETRU or U)" means aTRU or TRU gen setthat meets the performance standards described under subparagraph§ (e)(1)(A)1.2477.5(a)(1) and (e)(1)(/\)2.2477.5(a)(2) or that uses an "alternative technology" in accordance with subparagraph (e)(1)(/\)3. 2477.5(a)(3).

18f+Gt(97)"Verification Classification Level" means the classification assigned to a Diesel Emission Control Strategy by the Executive Officer as defined in the Verification Procedure, WarrantyandIn-Use Compliance Requirements for In-Use Strategies to ControlEmission from DieselEngines (13 CCR Sections 2700-2710). PM reductions correspond as fqllows: Level 1: <=25%; Level 2: <=50%; Level 3: <:85% or 0.01 g/hp-hr. · f74t(98)"Verified Diesel Emission Control Strategy" (VDECS) means an emission control strategy designed primarily for the reduction ofdiesel particulate matter
. emissions that has been verified perthe Verification Procedure, Warranty and In-Use Compliance Requirements forIn-Use Strategies to Control Emissions from DieselEngines (13 CCR Sections 2700-2710). Examples ofdiesel retrofit systems that may be verified include, but are not limited to, diesel particulate filters, diesel oxidation catalysts, fuel additives (e.g. fuel-borne catalysts), alternative fuels (e.g. dual fuel), alternative diesel fuels, and combinations ofthe above. NOTE: Authority cited: sections 39600, 39601. 39618, 39658 39659, 39666, 39667 39674, 39675. 42400, 42400.1, 42400.2, 42400.3.5, 42402 42402.2,42410 43013,43018. California Health and Safety Code. Reference: sections 39618 39650,39658 39659,39666,39667,39674,39675 42400.42400.1,42400.2.42400.3.5 42402, 42402.2; 42410.40717.9.43013, and 43018.



### ..tef2477.5 Requirements for Owners orOwner/Operators. · ·· ··" (1) lA Use OperatieR: 

## W!ID In-Use Performance Standards: In accordance with the schedule setforth • · below in paragraph (eQ)ffifBt, no owner or qwner/operator shall operate.

**aTRU•c:.:•~T·** · orTRU gen set·in California unless·it meetsthe in-use emissioncategory·,., ·, ,__,,.•·•· ,_,,,.,,,,.,.".•I

, .··· performance standardssetforth below. ··· · ····· 

## -'h-ill In-Use performance standard categories forTRU and TRU gen set· engines with rated brake horsepower less than 25 horsepower ,, , . · (<:25 hp) are shownin Table 3, along withthe engine certification ·· ·· ·standards orthe level ofVerified Diesel Emission Control Strategy

(VDECS) (see definition) that is necessaryto qualifyfor each

. _:.category
..

19

### Table 3 <25 HP TRU and TRU Gen Set In-Use PM Performance Standards

. •. . Engine Level ofVDECS • .In-Use Emission Category Certification. Equippedwith.·

. I
. . . . 

## .··· ... . 

### ·(glhp-hr) ··.

. . 

## .. ·

# .....·.···· .. Low Emission TRU (LETRU or L) 

### 0.30L Level2 Ultra-Low Emission TRU 

## NA" Level 3

. JULETRU or U}_

. a-(A) Compliance with the in-use performance standards can be achieved by: hi,.Usinga certified engine meeting the applicable nonroad/off:road emissions standards for all regulated pollutants and the in-use PM

. performance standard. Only engines for which certification data and deteriorationfactors have been .provided to ARB shall be considered when determining compliance. The Executive Officer will consider such submitials, publish, and make available a list of qualifying engines. Equipping the enginewith the required Level ofVDECS. In-Use performance standard categories forTRUand TRU gen set engines with rated brake horsepower greaterthan or equal to 25 horsepower (225 hp) are shown in Table 4, along with the engine certification standards orthe level ofVDECS that is necessary to · · ·/• qualify foreach category. 

### Table.4 225 HP TRU and TRU Gen·SetIn-Use PM Performance Standards 

### ln"Use Emission Category Engine Level ofVDECS.. . Certification Equipped illlith Low Emission TRU (LETRU or L Ultra-Low Emission TRU

ULETRU or U 

### /h •hr 

### 0.02

2 The Engine Certification value for the Low Emission TRU category corresponds to the "IAieFiffi" Tier4 Nonroad/Off:road Emission Standards that are to go info effect in 2008. Level2 Level 3

3 NotApplicable- must choose another compliance option. 4 The Engine Certification value for Low Emission TRU category corresponds to the "Interim"Tier4 Nonroad/Off:road Emission Standards that are to go into effect in 2008. 5The Engine Certification value for the Ultra-Low Emission TRU category corresponds to the Tier4 "final" Nonroad/Off:road Emission Standards that will go into effect in 2012 or2013. · 20a,(A) Compliance with the in-use performance standards can be achieved by: 

### hi,Using a certified engine meeting the applicable nonroad/off-road emissions standards for all regulated pollutants and the in-use PM performance standard. Only engines for which certification data and deterioration factors have been provided to ARB shall be considered when determining compliance. The Executive Officerwill consider such submittals, publish, and make available a list of qualifying engines. J.h2. Equipping the engine with the required Level ofVDECS.

**~@As** an alternative to meeting the ULETRU in-use performance standards in Stffisections

**2477.5(e§)(1)~** and .(2han owner/operator may operate a TRU or TRU gen set in California meeting one ofthe Alternative Technology options listed below. Alternative Technologies qualify to meet the ULETRU in-use performance standard only ifthe TRU or TRU gen set is operated under the conditions included in the description listed below.

&.-(A) Hybrid ElectricTRU ore.s1,lectric standby-equipped TRU may qualify
· as an AlternativeTechnoloqy,

..provided the following. conditions are;; .. ·met:



## L -#lat-t:Ihe TRU is not 013erated shall not operate under diesel engine powerwhile at a nonretail facility, except

**during~** 

### g,_ a6n emergency (as defined); b. Normal ingress, egress, and yard maneuvering, limited to 5 minutes per movement inside the facility fenceline or ·property boundarv: or · c. Unit/engine pre-trip inspections, troubleshooting diagnostics, and post-repaircheck-ouUhowever, this exception does not apply to the initial van chill-down before loading);

.. 2. The facility or facilities that aTRU is normally based or
· ···frequents to load or unload perishable goods shall be equipped· With electric power plugs located in the parking areas and loading spaces and the TRU shall be plugged into these power plugs during initial chill-down and whenever the refrigerated van or container contains perishable products: 3. All nonretail deliverv and pick-up points (as defined) that the E/8-equipped TRU frequents to load or unload goods shall be equipped with electric power plugs ifthe van load includes perishable goods. Electric power plugs shall be located in the parking areas and loading spaces and the TRU shall be plugged into these power plugs during initial chill-down and whenever the refrigerated van or container contain perishable goods and may need to operate:
21•• ":-- 0 ':· ··: 4. The TRU engine run time at retail delivery points (as defined) shall not exceed 30 minutes. otherwise electric power plugs are also required at those retail delivery points and must be used to prevent engine operations that exceed 30 minutes at the delivery point: 5. The TRU shall be equipped with non-resettable engine hour meters and electric power use hour meters; 6. At least 50 percent of an owner's hybrid electric or electric
· standby-equipped TRUs shall be equipped with an electronic

tracking systems by December 31, 2012. and 1

### DO percent ofan owner's hybrid electric or electric standby-equipped TRUs shall. be equipped with electronic tracking systems by December 31, 2013; and 7. The TRU shall be registered in ARBER in accordance with section 2477.5(e). &.-.(ID Cryogenic temperature control systems or hHybrid cryogenic temperature control systems may qualify as an Alternative Technology, provided the following conditions are met: _1._that-tihe TRU does not operate under diesel engine power -while at a nonretail facility, except

**during~** ·· a: .aAn

**emergency~..** ., ..

b. Normal ingress and egress yard maneuvering; or c. Unit/engine pre-trip inspections, diagnostics, and repair operations; 2. The TRU engine run time at retail delivery points (as defined) shall not exceed 30 minutes, otherwise purely cryogenic temperature control shaiLb.e. used atthose retail delivery points · to preventengine operationsthat exceed 30 minutes at the delivery point ;

,.. 3. TheTRU shall be equippedwith non-resettable engine hour

.. meter and cryogenic system use hourmeter; 4. The TRU shall be equipped with an electronictracking system; and 5. The TRU shall be registered in ARBER in accordance with section 2477.5(e).

. .

**~--** 

### &.{Ql Alternative-fueled engines (see definition in suesection W2477.4). Ifthe engine is a Cl engine, a VDECS is required. Note: Ifthe engine is not a compression ignition diesel fueled engine, this regulation would not apply, butthe engine may have to meet other emission standards (e.g. large spark-ignited engine standards if >25 hp).

22 •: i ·-.1,_-._.:.... ,_-.···· &.-ill)_ Fuel exclusively with an alternative diesel fuel (see definition in Slffisection f€112477.4) that has been verified as a VDECS, provided it is used in accordance with the requirements ofSlffisection

**2477.5(eb)(~1)fA1** andthe alternative diesel fuel contains no conventional diesel or CARS diesel fuel, except in trace amounts. 

### &..(!;} Power by fuel cells. Ifa reformer is used with diesel fuel as the source of hydrocarbons, then emissions must be evaluated and verified through the Verification Procedure Warrantyandln-.Use Compliance Requirements forIn-Use Strategies to Control Emissions from DieselEngines (13CCR section 2700- 2710). 

### fcfE). Equip with any other system approved by the Executive Officerto not emit diesel PM or increase public health risk while at a facility. (St.f.!llln-Use Compliance Dates: In-use compliance dates are based upon the engine 

### M¥ model year or effective 

### M¥ model year (as defined in section 2477.4, as listed below, except as allowed in under subparagraphs (e)(1)(B)5.a. 2477.5(b)(5)(A) and (Cr. Compliance dates may also be extended ifthe requirements ofsubparagraphs 2477.5(f), (g), (k), (I) or (m) are 

### met.



## ·4-cill • Noowneror owner/operatorshall operate.a 2001.andolder.model .•.. ,.,,.... ,,, year (MY) TRU orTRU gen set engine in California unless itmeets theine use performance criteria setforth in paragraph (e)(1}(/\) section 2477.5(a) for a-(Al LETRU on or before December 31, 2008, and

. 

### &...{ID ULETRU on or before•J)ecember31 ;•2015; as shown in Tables 5 · ·- and6. ·•·
: ; :: 2-o@ No owner or owner/operator shall operate a 2002 MY TRU orTRU ·•· · gen set engine in California unless itmeets the in-use performance criteria"'' set forth in paragraph (e)(1)(A) section2477.5(a) for ·· · ··. a-(Al. LETRU on or before December 31, 2009, and 

### &...{ID ULETRU on or before December 31, 2016, as shown in Tables 5 and 6. 

### &,.@l No owner or owner/operator shall operate a 2003 MYTRU orTRU gen set engine in California unless it meetsthe in-use performance criteria setforth in Slffisection (e)(1)(A)2477.5(a) for

2 Further explanation is provided in section 2477.51il. 1Compliance dates may also be extended ifthe requirements ofsubparagraphs 2477.5(fl, (g) (k), (I) or Cml are met. 23&.-(A) LETRU on or before December 31,2010, and 

### &.-.ill} ULETRU on or before December 31, 2017, as shown in Tables 5 and 6. 

## 4-cill No owner or owner/operator shall operate a 2004 MY and subsequent MYTRU or TRU gen set engine in California unless it meets the in-use performance criteria setforth in paragraph (e)(1)0'\) section 2477.5(a) for ULETRU on or before December 31st ofthe seventh year pastthe engine's model year, as shown in Tables 5 and @ 6 68,with the following exception: &.-(A) Less than 25 hp model year 2004 engines shall meetthe in-use performance criteria set forth in paragraph (e)(1)(/\)section 2477.5 (a), shown in Table 5, for:

**~.1.,** LETRU on or before December 31, 2011, and U2. ULETRU by December 31, 2018.
Table 5: <25 HP TRU andTRU Gen SetEngines In-Use Dates

**·~**TRUs and TRU gen sets with MY 2005 engines and subsequent MY eng(nes shall be required to comply with ULETRU requirements by the end ofthe seventh year afterthe model year or effective model year, except as allowed under

**s"s~ara§ra~R** (e)(1)(8)asection 2477.5(bl(5)(Al. 24Table 6: 2:25 HP TRU and TRU Gen Set Engines In-Use Dates

§,.{§)_ Requirements forTRUs orTRU gen sets that are equipped with flexibility engines and operated in California.

·&.-{Al Flexibilityengines installed iri TRl.Js and TRU gen sets

· manufactured priorto March 7, 

## 2oh, andoperated in California shall meetthe in-use performance standards of subsection (e)(1)(A)section 2477.5(a) by December 31st ofthe seventhyear afterthe TRU orTRU gen set engine's manufacture year instead of the effective model year provided the TRU orTRU gen set owner registers the flexibility

**engin~equippedTRU**orTRU gen set in ·· ARBER in accordance with subseetiori (ci)(1)(E)section 2477.5(e) byMay6, 2011. ·· · 

### &.-.(ID. To allowTRU and TRU gen set owners to meetthe registration requirements ofsubparagraph (a)subsection (A) above, the original equipment manufacturer shall byApril 6, 2011: 

### U_,_ Providetliefollowing unit and flexibility engine information to ARB in electronic format:

92 Compliance date is December31 ' 1ofthe compliance year shown. "MY" means model year. Blackshaded areas are years with no in-use performance standard requirements since in-use compliance year precedes engine model year . Dark shaded areas without letter codes have no in-use performance standard requirements, pending in-use compliance date. "L" means must meet LETRU in-use performance standards. "U" means must meet ULETRU in-use performance standards. t<>JQ TRUs and TRU gen sets with MY2004 engines and subsequent MY engines shall be required to comply with ULETRU requirements by the end ofthe seventh year afterthe model year oreffective model year, except as allowed under

**s"ll~aFa§Fa~R** (e)(1)(8)8.section 2477.51bll5l1Al. Tier4 final standards go into effect in 2013which would meet ULETRU in-use performance standards in the 25 to less than 50 hp category. Ifthe engines installed by original equipment manufacturers do not meet ULETRU in 2013, then

**s"ll~ara§ra~h** (e)(1)(A)§.section 2477.51bli5)(Cl applies. 25 '•; .-, .i§. TRU orTRU gen set manufacturer; 

### tiQ.. TRU orTRU model name; ill£.TRU orTRU gen set serial number; ivQ..TRU manufacture date;

**v~.** Engine

**manufacturer~** 

### vif. Engine Family; viig.Engine manufacture year; and vitih.Engine serial

**number;-~** 

### l-l.f.. Notifythe TRU orTRU gen set owners in writing that: i§. The unitthey own is equipped with a flexibility orTPEM engine; and 

### tiQ.. Theowner must register the TRU orTRU gen setthat is equipped with a flexibility engine in ARBER by May 6,

**2011;-~** 

### J.l.l;i. Provide directly or through its dealers instructions and assistance on registration in ARBER to all owners ofTRUs and TRU gen sets equipped with flexibility engines that request such help, which shall include specific instructions and assistance that ensures that information entered in ARBER is consistent with what appears on the unit label and engine emissions label,

....including.the model year. 

### &.-.{Ql Thefollowing requirements shall apply to flexibility engines installed in TRUs and TRU gen sets manufactured after March 7, 2011, and operated in California:



### .... :JJ.. The qwner.ofaTRU orTRU gensetthat is operated in
··· ·California sh'!JI cornply with the in-use performance standards ···· ··· setforth in Slffisection (e)(1)(A)2477,5(a) by December 31st of the seventh year afterthe engine's effective model year. llG_.The original equipment manufacturer shall provide the following g_writtendisclosuresto the interested ultimate purchaser ofa TRU orTRU gen setthat is equipped with a flexibility engine priorto its saleo in accordance with section 2477.13(a)(3). 

### i. The TRU orTRU gen set has aflexibility engine that meets a less stringent emissions standard than was in effect at the time the flm<ibility engine was manufactured; ii. The

**effecti·~e** model year ofthe flmdbility engine; 111. Ifthe ovmer registers the unit in ARBER, the owner must report the effective model year ofthe engine, notthe model year ofengine manufacture, and failure to do so may result in the o•.vner being cited; iv. Ifthe TRU orTRU gen set is operated in California, the ownerwill be responsible at afuture date forthe engine
26meeting the ULETRU in use standard based on the effective model year ofthe engine, in accordance with subsection (e)(1)(B (6) The manufacture year ofthe TRU unit may be used instead ofthe TRU engine model year to determine the TRU ATCM in-use performance standards that must be met and the related compliance dates; however. this exception only applies ifthe unit manufacture year shown on the TRU unit label is no more than one year laterthan the engine model year shown on the TRU engine emissions label. Ifthe difference between the engine model year on the engine emissions label and the unit manufacture year is greaterthan one year. then the engine model year shall be used in accordance with subsections 2477.5(b)(1). (2). (3). and .(11 (A) Ifthe owner complies with theTRU ATCM in-use performance standard by retrofitting with a VOECS. the engine model year shown

.on the engine emissions label shall be used to determine engine

compatibility with the VOECS. in accordance with the Executive Order for that VOECS

. 

### .(ID Ifthe owner ofaTRUis required.to applyfor an ARB Identification .•· Number (ION). in accordance with section 2477.5(e). the engine model yearthat is shown on the engine emissions label shall be entered on the ION application in the engine model year space. 

## {G).(£1 Replacements Due to VDECS Failures.

4cilllfa VOECS fails within its warranty period, the owner/operator oftheTRU · · ..

.or TRU gen set must replace itwith the same VOECS ora higher verification classification level, .ifavailable. ·"
... 

### b@Ifa VOECS fails outside its warranty period and a higherverification classification level VOECS is available, then the owner/operator ofthe• TRU orTRU gen set shall upgrade to the highest level VOECS required under paragraphs

**2477.5(eg)(1)~** and

**2477.5(eg)(4~)(A)b** that is determined to be cost-effective by the Executive Officer. 

### fQ}@ In-Use Recordkeeping and Reporting. In-use recordkeeping and reporting shall be completed by the owner or operator in accordance with the requirements ofsubsection (f)(1) following:. (1) An ownerthat is also an operator, shall complete and maintain the operator report in accordance with section 2477.6(a).

27;_.,, -:_:_-,

';1 !· -• .,·_:, (2) An ownerthat has elected to comply by using a verified alternative diesel fuel shall complywith the recordkeeping requirements in section 2477.5(h)(1). (3) An ownerthat has elected to comply by using a hybrid electric TRU or electric standby-equipped TRU must meet the following recordkeeping. and reporting requirements for each unit. · (A) Beginning [30 days afterthe amendments become effective] manual recordkeeping is required for all such units until automated monitoring, recordkeeping. and reporting is required underthe phased compliance schedule in subparagraph (B), below. Manual records shall include the following. for each TRU that is equipped with electric standby or hybrid electric: 1. ARB Identification Number ofthe unit, issued under section 2477.5(e); 2. Date; 3. Address ofeach stationarv location lasting more than 5 minutes. This record may be a location code for each stationarv location. provided the owner or operator also provides a cross-reference of location codes with the corresponding physical addresses; 4
.. Time of arrivaland departure. and the elapsed time calculated
.. from those readings to showthe duration ofthe stationarv position; 5. Engine hour meter readings taken at arrival and departure and the elapsed time calculated from those readings to show the TRU engine run time while the vehicle is at the stationarv location; and 6. · Electric shore powerdrivenelectric motor hour meterreadings taken at arrival anddeparture and the elapsed time that electric shore power drove

..therefrigeration system while the vehicle is · at the stationarv location. (B) Automated monitoring, recordkeeping, and reporting is required for

. at least 50 percent ofan owner's TRUs by December 31, 2012 and 100 percent of an owners TRUs by December 31, 2013. Automated monitoring,. recordkeeping and reporting is required with·. an electronic tracking system (as defined in section 2477.4) and shall include data that includes the following for each stationarv location lasting more than 5 minutes (300 seconds): 1. ARB Identification Number ofthe unit. issued under section 2477.5(e); 2. Date; 3. Address ofeach stationarv location lasting more than 5 minutes (300 seconds). This record may be the GPS coordinates and a location code for each stationarv location, provided the owner or
28 ._,..,-._

**.~-;**operator also provides a cross-reference of location codes with

. the corresponding physical addresses; 4. Time of arrival and departure. and the elapsed time calculated from those readings to show the duration ofthe stationary position; 5. Engine hour meter readings taken at arrival and departure and the elapsed time calculated from those readings to showthe TRU engine run time while the vehicle is at the stationary location; 6. Electric motor hour meter readings taken at arrival and departure and the elapsed time that electric shore power is powering the refrigeration system while the vehicle is at the stationary location; and 7. The eleCtronic tracking system shall generate a report that lists all stationary locations lasting more than 5 minutes where the TRU engine operated for more than 30 minutes. resulting in a violation.. · (C) Records shall be kept available for a minimum ofthree (3) years and shall be compiled and made available to ARB upon request (0)Record submittals shall include the owner's or responsible official's signature afterthe statement: "I certify under penalty of perjury underthe laws ofthe State of California thatthe information provided is true. accurate. and complete:" (4) Hybrid cryogenic temperature control recordkeeping. An owner ·

that has elected to comply by using a hybrid cryogenic temperature control system must meet the following automatic monitoring, recordkeepinq, and reporting requirements with an electronic tracking::. ···system (as defined in section 2477.4). Automated recordkeeping shall-••····
...,, ""'

. include data that includes the following for each stationary location

lasting more than 300 seconds (5minutesl:

(A)ARB Identification Number ofthe unit, issued under section 2477.5(e); (B) Date; (C) Location: GPS coordinates or coded, with full address in code look-up table; (D)Time ofarrival and departure, and the elapsed time calculated from those readings to showthe duration ofthe stationary position; (E) Engine hour meter readings taken at arrival and departure and the elapsed time calculated from those readings to showthe TRU engine run time while the vehicle is stationary; (F) Cryogenic system use hour meter readings taken at arrival and departure and the elapsed time calculated from those readings to showthe cryogenic system run time while the vehicle is stationary;

29(G)The electronic tracking system shall generate a report that lists all stationary locations lasting more than 5 minutes where the TRU engine operated for more than 30 minutes. resulting in a violation; (H) Records shall be kept available for a minimum ofthree (3) years and shall be compiled and made available to ARB upon request; and (I) Record submittals shall include the owner's or responsible official's signature afterthe statement: "I certify under penalty of perjury underthe laws ofthe State of California thatthe information provided is true, accurate, and complete." fE}.{gl ARB Identification Numbering Requirements. Identification numbers (ION) will be issued to help expedite the inspection procedure and prevent shipping delaysld.
. 

## -'h-ill California-based TRUs and TRU gen sets: a-(A) On or before January 31, 2009, owners or owner/operators ofall California-basedTRUs andTRU gen sets subjectto this regulation shall applyfor an ARB ION forall California-based TRUs orTRU gen sets operated by the owner or owner/operator by submitting an application that includesthe informationlistedbelow. 

### U. Company Information a. Operator Company/business name, address, and contact information for the responsible official (e.g. title, phone number, email address, fax number). b. Company/business tax identification number/federal employer ·identification number (EIN) or equivalentfor other country (e.g.

Canadian Business Number), J.1-, Owner name,address, and egntactinformation(ifetherthan operator)

..··· ·- 2. Rental or lease status. Indicate ifthe unit is a rental ·unit (no contract term) or a lease unit (under contract term, typically more than one year) · 3. Applicant identity indication. Indicate who is filling out application, either:
. a. The owner (or an employee ofowner), or b. A third party entering the application information under a third party agreement between the owner or lessor and a consultant or lessee. 

## U-11. TRU or TRU gen set unit information: a. Unit Type: i. Truck TRU: ii. TrailerTRU· 111. Refrigerated railcar TRU; iv. Refrigerated domestic shipping container TRU: or
30 **-,~** ; ' ." " '. ',".: ·,

### ,,, :

,. .:;·... 

### v. TRU generator set. !L_make Unit manufacturer. c. Unit model, d. Unit model year, and e. Unit serial number

. 

### .§., OtherTRU or TRU generator set identifying numbers. Provide all that apply: a. If unit is installed on a truck or trailer, provide: i. Vehicle Identification Number (VIN), and ii. Vehicle license number, country of issuance. and state or province of issuance; iii. Unique Bureau International de Container (BIC) Code, if trailer is multimodal b. If unit is installed on refrigerated railcar, provide railcar reporting mark; c. If unit is installed on domestic refrigerated shipping container, provide unique BIC Code; d. If unit is aTRU gen set, provide unique BIC Code; e. Provide company equipment number if company has labeled the equipment. 6. TRU status information. Indicate ifthe unit is; a. Active (unit is operational}; b. Removed from service (unit is scrapped or inactive for foreseeable future); or c. Sold. If last registered owner sold unit, then they must provide: i. Date of sale, and ii. New owner's company name, address, and contact information

. .. ... ·W7. TRU engine information. Provide the following: a. Engine 

### mak-e;- manufacturer; b. Engine model,i
... , c. Engine model year, or "MY"· 

### ·aff€1 d. Engine serial numbero; e. Engine power rating. Indicate either: i. Under25 hp (under 19 kW), or

. ii. 25 hp or greater (19 Kw or greater); f. Engine family; and g. Emissions standard tier that engine meets. "'h Terminal er terminals thatthe TRU equipped truck ortrailer is assigned to, with address and contact informatien. Vh Other associated identificatien numbers, ·.vhich may include (as applicable): i. Vehicle Identification Number (VIN) efthe TRU equipped truck or trailer. ii. Vehicle license number efthe TRU equipped truck er trailer. iii. Railcar recerding marl< and car number.
31 ....... ..,

### ...c-··r··-1 -.

... iv. ShiFJFJing eontainer number (forTRU eE!Uiflfled shiflf)ing eontainers only). v. Comf)any eEtUif)ment number (if any).

**VU~.** 

### . Compliance status with in-use performance standards. under f)aragraflh (e)(1)(A) reEtuirements sections 2477.5(a) and (b). 

### lf eomf)lianee not as yet reEtuired,

**marl~** NU\. i. Date •Nhen eomf)lianee was aehieved. ii. What f)erformanee standarE! was met (e.g. LETRU or ULETRU). 111. Flow eomf)lianee 'Nas aehieved (e.g. new eomf)liantTRU, TRU engine ref)laeement, .or E!eserif)tion ofVDECS that '.vas useE!). iv. Identify who did the installation work (ifaf)f)lieable). a. Indicate ifthe ULETRU Early Compliance Extension has been granted b. Indicate if compliancewas achieved with an engine option: i. Indicate ifthe engine currently in the unit is an original engine: ii. Indicate ifthe engine currently in the unit is a new replacement engine and ifso, provide: I. Emissions standard tierthatthe engine meets; and II. Installation date. iii. Indicate ifthe engine currently·in the unit is a rebuilt · · replacement engine installed to comply with the in-use requirements and if so, provide: I. Emissions standard tierthat the engine meets; II. Rebuild year; and Ill. Installation date. c: Indicate if compliancewas achievedwithVDECS retrofit, and if· so: . . . 

### i. Provide the following from the VDECS label: I. VDECS manufacturer name; · II. VDECS FamilyName; Ill. VDECS serial number; IV. VDECS manufacture year; and ii. Provide the VDECS installation date. d. Indicate if compliance was achieved by using an Alternative Technology option under section 2477.5(a)(3), and ifso provide the type used and the date installed or employed: i. Electric standby-equipped TRU or hybrid electric TRU; ii. Hybrid crvogenic temperature controlled system; iii. Alternative-fueled engine; iv. Fueled exclusively with pure alternative diesel fuel; v. Powered by fuel cells; or v1. Other system approved by the Executive Officer.

32 • •·;·,:re. If compliance was achieved by replacing an engine or retrofitting with a VDECS. provide the installer's company name, physical address, and contact information. 9. Indicate what state or province thatthe TRU or TRU gen set is based in: a. California: or b. Outside of California. If based outside ofCalifornia identify: 1. U.S. state; ii. Mexican state; or iii. Canadian province. 10.Owner's or responsible official's signature, afterthe statement: "I certify under penalty ofperjurv underthe laws ofthe State of California thatthe information provided is true. accurate, and complete." 

## 13-,fiD Applications shall be submitted by one ofthe following methods: 

## h1· Mail or deliver a physical report to ARB at the address listed· immediately below: CALifORNIAAIR RESOURCES BOARD STl\TION/\RY SOURCE DIVISION (TRU) P.O. BOX 2!l15 Sl\CRAMENTO,.CA 95!l12 California Air Resources Board Stationarv Source Division (SSD/ARBER) P.O. Box 2815 Sacramento. CA 95812

-· ...--··· ··.J+..2. · Electronically submit through ARB'sthe ARBER website 

### waS• site. The•.veb address will be. identifiedin an advisory.at: http://www.arb.ca.gov/arber/arber.htm• 3. Electronically submit by email to: arber@arb.ca.gov



### -&.{Ql TRUs and TRU gen sets added to an owner's or owner/operator:s TRU operations after JarlUary 31,2009 shall be brought into compliance with stffisection2477.5(e)f1ifEt. An application shall
· be submitted to ARByvithin 30 cj_<;IY$9fthe unit entering the

_ operator's control:
_ __ h_i_ Requesting an ARB I.D. numberfor a newTRU or TRU gen set thatwas not previously numbered, or .J+..2. Requesting a change in owner or owner/operator (or other pertinent application information) for used equipmentthat already has an ARB I.D. number. 4-.(Q). Failure to apply or submittal offalse information is a violation of state lavvthis rule and subjectto civil penalty. 

### &.-.{£1 On or before February 1, 2009, the Executive Officer shall begin issuing identification numbers to TRU and TRU gen set owners or
33 ''

**-:~** -;owner/operators for each unit based in California forwhich a complete application has been filed. The numberwill include a 2-digit prefix for model year (e.g. 2001 model year would have a prefix 01); a 6-digit serial number;- and a check-digit, and a letter indieating eomplianee status with in use performanee standards (either "L" or "U"). In the eventthat an operator applies for an early compliance certificate in accordance with s-u-Ssection (e)(1)(F)2477.5(f), ARB will also issue a certificate which acknowledges early compliance per (e)(1)(F):ilsubparagraph2477.5(f)(3).

**~l.El** Within 30 days of receipt ofthe ARB-issued identification number, owners or owner/operators shall permanently affix or paintthe identification number on the TRU or TRU gen set chassis housing in clearview according to the following specification: 

### h-1..,. The ARB identification number shall be preceded bythe letters "ARB". l+.-2. Letters and numbers shall contrast sharply in colorwith the color ofthe background surface on which the letters are placed.

The location ofthe I.D. number shall be as follows: ha. housing. Truck and trailerTRUs - both sides ofTRU chassis ih-b. Rail car andshipping containerTRUs-:-.both sides ofthe

. TRU; jjh.g_,_ TRU gen sets - both sides ofgen set housing. 

### l¥4. Letters andnumbers shallbe readily legible during daylight hours, from a distance of50 feet (15.24 meters) while unit is

.stationary. lJ-,5. Marking shall be kept mai11tainedin a mannerthat retains the

. ··•• ..•• · legibility required bythesubparagraph immediatelyabove. ••:o •• • 

## 2-:-ill Non-California-based TRUsandTRU Gen ·Sets: .• ac{A) Owners or owner/operators e>fnon"Qalifornia"basedTRUs and]RU : •.::•: · gen sets may voluntarily applyforARB identification numbers for TRUs that are based outside.ofCalifornia.but operate within California during the normal courseofbusiness. Non-Californiabased owners or owner/operators mayvoluntarily submitthe same application information listecl above in subparagraph 2477.5 · (e)(1)(E)1.a., above, using the same methods ofsubmittal listed in subparagraph 2477.5(e)(1)[lli(e)1.b., above. Upon application approval, ARB would issue identification numbers to the operator in accordance with subparagraph 2477.5(e)(1)(E)4-,&., above. The non-California-based owner or owner/operatorwould then permanently affix or paint the identification number on the TRU or TRU gen set chassis in clearview, in accordance with subparagraph 2477.5(e)(1)(E)1.f

..(E)., above.

34(3) Owners or owner/operators may use alternative unique equipment identification markingsinstead ofaffixing an ARB ION. provided the following conditions are met: (A)The owner or owner/operator registers the TRU orTRU gen set in ARBER and enters the unique equipment number in ARBER. (B) The alternative identification number shall be truly unique. Examples of unique identification numbers include the Reporting Marks that are issued bythe American Association of Railroads' contractor, RailInc, for their UMLER system and the BIG Codes issued by Bureau International de Containers. Company equipment numbers that are nottruly unique on a worldwide basis do not qualify. (C) Alternative identification numbers must be affixed or attached to both sides ofthe TRU gen set, shipping container (ifthe TRU is permanently attached), semitrailer, or railcar and meet all ofthe requirements of subparagraph 2477.5.(e)(1)(F). (O)The ARB ION shall be used in the Operator Report under section 2477.6(a). 

## tFtill Early Compliance with LETRU In-Use Performance Standards.



## 4-oill For 2002 and older MY TRU and TRU gen set engines, owners or
· owner/operators or mvners that

**meettheLETRUin~useperformance···** .•.

standard earlierthan required in paragraph (e)(1)(B)2477.5(b) may apply· · • to the Executive Officerfor a delay in the ULETRU in-use performance standard. Except as provided below; early compliance would be achieved through any ofthe options available in paragraph (e)(1)(l\)2477.5(a). · ' • ·&.-(A) This delaywould notbe available tothe owner or owner/operat()[Sf

.. ·. ·· ..., .. '"'
.... ,,.,,...•..• ·"
......... ··•········· ·· owner iftheengine manufacturer

# ofthereplacement engine·is
.. •· ··• '"····· ·:. using the early compliancewith engine emissions standards in U.S.

, · EPA's Averaging, Banking,. ancLTracling.Prograrn (orCalifornia's ·· •.: •· · · · · equivalent program).

I

**~.** 

### "' · b-o.(ID Early compliance is conditioned upon real emission reductions · ..··. (referto definition in 514section f€1f2477.4) occurring earlierthan the applicable compliance deadline, &.{Q This delay may not be available to the owner or owner/operatorOF owner if publicfunds were used for early compliance. The applicant shall disclosewhether public funds were used for any portion ofearly compliance and what program the funding came from. 6@Early LETRU compliance with real emission reductions would allow specific units to delay compliance with ULETRU in-use performance

35standards by up to three years, according to the rounding conventions and examples listed below. alA) Each year ofearly compliance with the LETRU in-use performance standards would be rewarded with 1year delay in the ULETRU in-

. use performance standard.

**h~** . One full year early compliance qualifies for one full year delay in meeting ULETRU compliance. -1+.-2. Two full years early compliance qualifies fortwo full years delay in meeting ULETRU compliance. Uh-3. Three full years early compliance qualifies for three full years delay in meeting ULETRU compliance, 

### &.-.{ID A partial year ofearly LETRU compliance would be rounded to the nearestfull yearforthe delayed ULETRU requirements.

**h~** Early LETRU compliance of 183 days or more in a calendar year would counttoward a oneyear ULETRU delay. ''>' ·-1+.-2: ·· · Early LETRU compliance of 182 days or less in a calendaryear would not counttoward a ULETRU delay. ·

**~ill** Upon receipt of an application to delay ULETRU compliance, the Executive Officer shall determine ifthe application demonstrates early
····, compliance with LETRU in-use p.erformance standards inaccordancewith-.

·· · ·• • ·· '" ., &lffisection (e)(1)(F)1.2477.5(f)(1), and ifthe application is approved; snaiL
·delaythe in-use ULETRU compliance date for specific TRUs and TRU

gen sets operating in.Californiain accordance with.· subparagraph (e)(1)(F)2.2477.5(D(2).



### · . 4.-{1). Upon approvalofthe application, ARB shall issue a certificate and ARB · identification number in accordance with &lffisection (e)(1)(E)1.e.2477.5(e)(1)(E) which acknowledges early compliance with LETRU requirements and discloses the number ofyears delay granted, and resulting ULETRU compliance date. &.-@The owner or owner/operator shall maintain a legible copy ofthe certificate in a water-tight sleeve mounted inside the TRU orTRU gen set chassis housing. The owner or owner/operator shall paintthe identification number in clearview in accordance with &lffisection (e)(1)(E)1.f.2477(e)(1)(Fl on the specificTRU orTRU gen set that was granted the compliance extension.

36 -,,·.,-····

,,, .--.:·_,.:_;, .'-;::.· 

### (g) (1) ULETRU Extension forCompliance 

### by Original Compliance Date An owner of model year 2001 and olderTRUs or TRU gen sets that complied by the original December 31. 2008. compliance date may qualify for a one year extension to the ULETRU compliance date. provided the following conditions are met: · (A)The original engine was retrofit with a Level 2 VDECS. or (B)The original TRU was repowered with a replacement engine meeting either: 1. Tier 4 final Non-Road/Off-Road Emission Standards. ifthe engine · is rated at less than 25 hp. or 2. Tier4 interim Non-Road/Off-Road Emission Standards. ifthe engine is rated between 25 hp and less than 50 hp. or (C)The original TRU was replaced with a new unitequipped with an engine meeting either: 1. Tier4final Non-Road/Off-Road Emission Standards. ifthe engine is rated at less than 25 hp. or
.-..,. 2. Tier 4 interim NoneRoad/Off-Road Emission.Standards. ifthe engine israted between 25 hpand less than 50 hp. and (D)The TRU or TRU gen set is registered in ARBER. the compliance information is complete and correct. .and the JON has been affixed to both sides ofthe TRU orTRUgen set housing.

· · · · · •(2) · •·Ownermust applyfor the ULETRU extension at least 90 days beforethe·.-
..,,,,, •"' •" ·· ULETRU compliance date by submitting anARB application that.includes • the following information:. ·. "' ·e·. --· (A) Owner name and Owner-Operator Number (OON); (B) The affected unit's IDN; (C)A statement thatthe unitwas in compliance on or before December 31, 2008, and the ION has been affixed to both sides ofthe TRU orTRU gen set housing in accordance with section 2477.5(e)(1)(F); (0)Documentation that demonstrates thatthe LETRU in-use standard was met before December 31, 2008; (E) In the case ofa unit replacement. documentation on the old noncompliant unitthat was replaced; and
37(F) Owner's or responsible official's signature, afterthe statement: "I certify under penalty of perjury underthe laws ofthe State of California thatthe information provided is true, accurate, and complete." (3) The owner or responsible official must submit an application for "ULETRU Extension for Complianceby the Original Compliance Date" to the Executive Officer by one ofthe following methods: (A) Mail or deliverto ARB at the address listed immediately below: California Air Resources Board Stationary Source Division (ARBER/TRU) P.O. Box 2815 Sacramento, CA 95812 (B) Electronically submit by email to: arber@arb.ca.gov: or (C) Electronically submitthrough ARB's ARBER website at: http://www.arb.ca.gov/arber/arber.htm

· · · • · .. ·' (4)

. Upon receipt ofapplication for ULETRU extension;.the ExecutiveOfficer shall determine ifthe application demonstrates the unit qualifies for· ULETRU extension. (5) Upon approval ofthe application, the Executive Officer shall: (A) Change the "Compliant Through" date in ARBER; and (B) Notifythe ownerwith a revised ARBER.TRU Certification showing the., new"CompliantThrough".date. Fuel Requirements. 

## tAtill Owners or Owner/Operators Choosing to Use Alternative Diesel Fuels. Owners or owner/operators choosing to use alternative diesel fuels in compression ignition TRU and TRU gen setengines to meetthe · requirements ofStffisection fejfl12477.5(a) shall: 4-c(AlMaintain records in aooerdanoe with subseotien 

### (f)(1)(B) efthis regulatienthat document exclusive use ofthe chosen fuel or additive for each affected engine and hours ofengine operation. Appropriate records would be copies of receipts or invoices of appropriate fuel and/orfuel additive and engine hour meter logs.

38--,--·-: .,... - . . ,,_...,, .,_.. ___,_ ..- 1. Records shall be kept available for a minimum ofthree (3) years and shall be compiled and made available to the ARB upon request. :h.{illUse only fuel that is a VDECS alternative diesel fuel that contains no conventional diesel or CARB diesel fuel in TRUs or TRU gen sets operated in California.

**~.(gPermanently** affix a label in clear view nearthe fill spout that identifies the properfuel that is required to be in compliance. · 4.-{Qlln the eventthat the owner or owner/operator decides to revert to using conventional diesel orCARB diesel fuel, the owner or owner/operator shall comply with the requirements ofstffisection

**~2477.5(a)** within 10 days of discontinuation of alternative diesel fuel use. Within 10 days of discontinuation, the owner or owner/operator shall notifythe Executive Officer in writing ofthis change in fuel use and shall include an update to any 1\RB 

### I.D. number application the compliance information submitted to ARBERor annual report submitted to comply with stffisections (o)(1)(E),2477.5(et(e)(1)(r)2477.5(f),

**or~2477.6.** 

## (Still Owners or Owner/Operators that Retrofit TRUs or TRU Gen Sets with a VDECS. Owners or owner/operators.that retrofitTRUs orTRU gensets,.· · with a VDECS that requires certain fuel properties to be met in orderto ·· achieve the required PM reduction or PM emissions shall only fuel the subject TRU or TRU gen set with fuel that meets these specifications '· when operating in the state ofCalifornia. In addition, owners or owner/operators that choose aVDECS that requires certain fuel properties to be met in orderto prevent damageto the VDECS.or an increase in toxic• air contaminants, other harmful compounds, or in the nature ofthe emitted· ,. ··· •• PM shall onlyfuel

**thesllbj~ct**

### TRU QITRUgen setwith fuel that meets , ·:. these.specifications. (i) Compliance 

### by Replacing Engines. A new or rebuilt replacement engine shall meet more stringent emissions standards than the original engine. The new or rebuilt replacement engine must subsequently· meet the in-use performance standard requirements ofsection 2477.5(a) by the compliance dates ofsection 2477.5(b), which are based on the new or rebuilt replacement engine's model year oreffective model year (see definition). (1) Currenttier new replacement engines. Current tier new replacement engines shall use the engine model yearto determine requirements and compliance dates. The engine model year is shown on the engine emissions label ifthe engine is manufactured when an emissions standard tier is in effect. Emissions label language examples include, but are not limited to:

39 . _;.:_(A) "THIS ENGINE MEETS 2008 INT. TIER 4 EMISSION REGULATIONS FOR U.S. EPAAND CALIFORNIA NONROAD Cl ENGINES." This label language indicates the engine is a current-tier 2008 model year engine for the purposes of in-use requirementsand registration. {B) "THIS ENGINE COMPLIES WITH U.S. EPAAND CALIFORNIA REULATIONS FOR 2009 M.Y. NONROAD AND STATIONARY/OFFROAD DIESEL ENGINES." This label language indicates the engine is a current-tier 2009 model year engine forthe purposes of in-use requirements and registration. · (2) Priortier new replacement engines. Prior-tier new replacement engines shall use the effective model year (see definition) to determine requirements and

. compliance dates. The manufacture year and the installation year of a prior

tier replacement engine shall not be used to determine the in-use requirements and the compliance dates. Prior-tier new replacement engine emissions labels typically do not clearly show the effective model year. but provide dates that indicate the prior-tier emissions standard that the engine meets. The year in the first sentence ofthe replacement engine emission label is the first year ofthe tier met. The date in the second sentence ofthe replacement engine label is the first day ofthe nexttier standard. Table 1 in ·.section2477.4and the following example

### of replacement engine emissions ,,, . ,., ,,•·· label language show how these labels shall be interpreted forthis subarticle: · (A) "THIS ENGINE COMPLIES WITH CALIFORNIA OFF-ROAD AND U.S. · EPA NONROAD EMISSION REQUIREMENTS FOR 2004 ENGINES UNDER 13 CCR 2423(j) AND 40 CFR 89.1003(b)(7). SELLING-OR· INSTALLING THIS ENGINE FORANY PURPOSE OTHER THAN TO
.... · • • · ••· · • ·· •· ··· · REPLACE AN OFF-ROAD ENGINE BUlL T BEFOREJANUARY 1. 2008 '• ·•···· ,,,,.. . •. MAY BEAVIOLATION.OF CALIFORNIAAND FEDERAL LAW SUBJECT

.. TO CIVILPENAL TY.'.' The first sentence includes the year 2004 (thefirst/ year ofthe tier). The second sentence indicates the next tier started on January 1. 2008, so the last year ofthe tier the engine met would be 2007, · The.center column ofTable 1 shows the effective years 2004 to 2007 _.; matches a Tier 2 engine in the 25"50 hp (trailer) category. -•

. .(3) Rebuilt replacement engines. Rebuilt replacement engines must meet.the

..

**~** - · requirements of section 2477.16. (A) Prior tier rebuilt replacement engines. Ifthe rebuilt engine meets a prior tier emissions standard. then the effective model year (see definition) shall be used to determine the requirements and compliance dates. The rebuild year and the installation year of a priortier replacement engine shall not be used to determine the in-use requirements and the compliance dates.

40(B) Currenttier rebuilt replacementengines. It the rebuilt engine meets the tier standard that is currently in effect. then the model year is the year that the rebuild is completed and this year shall be used to determine the requirements and compliance dates.
(j) Mobile Catering Company Exemption Requirements.

. (1) The Executive Officer may grant a one year exemption to mobile catering companies forTRUs that are not compliant with the in-use performance standards under section 2477.5(a) ifthe following conditions are met (A)The mobile catering company must be under contract with the National Interagency Fire Centerto provide mobile catering food service to emergency incidents for the yearthatthe exemption would apply. ·(B)All California-based TRUs shall comply with the ARBER registration requirements undersection 2477.5(e) and have an ARB Identification Number !ION) affixed to both sides ofthe TRU housing. All TRUs owned or leased by the mobile catering company that are based outside of California thatthe ownerwants included in the mobile catering company exemption mustbe registered in ARBER in accordance with section 2477.5(e).

**1~;···:•. ~·.<>~··**  **'"'·~•·:c•.:··:-:·.•.,** 

### ,·... ··{C)The mobile catering company mustsubmitan applicationeachvearfora"

..,.,.-,. Mobile CateringCompany Exemptiontothe Executive Officerby one·of··· the following methods: 1. Mail or deliverto ARB at theaddress listed immediately below: California Air Resources Board
·Stationary Source Division (ARBER/TRU)

P.O. Box2815 Sacramento. CA 9581.2

---- 2. Electronically submit by email to: arber@arb.ca.gov: or 3. Electronically submitthrough ARB's ARBER website at: http

### :1/www.arb.ca.gov/arber/arber.htm
· (D)Applications for Mobile Catering Service Exemption shall include the·· following information: ·- ·.;

**~** · ......:'

...

1. Business name; . 

### .- .-

**·-··---~·····------~** 2. Business street address, state, zip code; 3. Business phone number: 4. Responsible official's name: 5. Responsible official's mobile phone number: 6. Federal Tax Identification Number (EIN) and Owner-Operator Number (OON) issued to the owner byARBER when they registered in ARBER.

41. '

**·~·**

;Y.•,:'· ·;) .•. -.,.,·,.;

•

. :_-, 7. A list ofARB IONs issued by ARBERfor all TRUs that are to be included underthe exemption. ForTRUs that are not in compliance with the in-use standards under section 2477(a) that do not have ARB IONs. provide the unitserial number instead ofthe ION on this list; 8. A copy ofthe mobile catering company's contract with the National Interagency Fire Center shall be provided with the application; and 9. Owner's or responsible official's signature, afterthe statement: "I certify under penalty of perjurv underthe laws ofthe State ofCalifornia · thatthe information provided is true, accurate, and complete." (E)The owner shall update the application information within 30 days of any changes to the information submitted. For example, ifthe owner buys, sells, or leases TRUs, the ION and unit serial number list required under subparagraph (o)(1)(C)7. shall be amended. (F) The owner shall provide the driverwith a copy ofthe current Mobile

.Catering Service Exemption that has been approved by the Executive

Officer and the Mobile Food and Shower Service Request Form issued by the National Interagency Fire Centerfor the incidentthey are traveling to or from. (G)During transit on California highways, the driver must, upon request: 1. Presentto the ARB inspectorthe Mobile Catering Service Exemption that has been approved by the Executive Officer and the Mobile Food and Shower Service RequestForm.issued by theNational Interagency 

### L:.:•::;:;;y,·.;,·c:,·:•,···,"'i Fire Center, and · 2. Allowthe ARB inspectorto inspectthe TRU to confirm the Mobile Catering Service exemption applies to the equipment. · •·... (H)All circumstances at the time of inspection shall be consistent with the.· Mobile Catering Service Exemption that has been approved by the Executive Officer and the Mobile Food and Shower Service .Request Form '"• issued bythe NationallnteragencyFire Center. · ·. (I) Mobile Catering Company Exemptions shall expire on December 31 5t.of each year. Mobile catering companies shall re-apply forthis. exemption:,: annually

. (k) ·· Compliance Extension forIn-Use Performance Standards Based on UnavailabilityofCompliance Technology. (1) Ifthere is no compliance.technology available for a specificTRU orTRU gen set::
... ······--·· within six months ofa compliance date, the Executive Officer may grant a one year extension ofthe compliance deadline, provided the following conditions are met: (A) A person or applicant must submit a written application to the Executive Officerthat demonstrates the absence ofany suitable compliance option that can be used on the specific equipment and the owner cannot otherwise meet the requirements ofsection 2477.5(a) by the compliance dates of

42section 2477.5(b). The application for and issuance ofany extension pursuant to this subsection shall be subjectto the following requirements: 1. Except forthe units for which the extension is sought. the applicant shall demonstrate that all other units subjectto the owner or operator's direct control meet the requirements of sections 2477.5(a) and (b); 2. The application shall be submitted to and received by the Executive Officer no laterthan six months before the compliance date ofthe engine for which the extension is requested; 3. The application shall identifv each unit and engine for which the extension is requested; 4. For each engine identified in paragraph 2477.5(k)(1)(A)3., immediately above, the applicant shall provide a detailed description ofthe reasons and factors that serve as the basis for the applicant's claim thatno suitable control technologies are available. The description shall include. without limitation. detailed engineering diagrams and calculations that support the applicants claim thatthere are no suitable control technologies available. a. For a replacement engine to be determined suitable or unsuitable, the concerns that will be considered are ifthe replacement engine will 1 .

1 physically fit and functionally perform in the equipment.

1 

### ''"·.·:'
..,.,., .·;;: .........·.· :c:-: • :::•:•:.5: Owners or.responsible officials shall·provide.their signature. afterthe ·>

### •,::c:.,:•J<,;:::·:,•:•x:•:c::r:i statement: "I certify underpenalty ofperjurv underthe laws ofthe State of.,.· ··

# ·'I California that the information provided is true. accurate. and complete."

.6. The owner or responsible official must submit an application for. Compliance Extension to the Executive Officer by one ofthe following .· methods: ·" · ·.. a. ·Mail or deliverto ARB at the address listed immediatelybelow:.



### 7. ·. California Air Resources Board Stationarv Source Division (ARBER!TRU) P.O. Box 2815 Sacramento, CA .95812 b. Electronically submit by email to: arber@arb.ca.gov; or c. Electronically submitthrough ARB's ARBERwebsite at http://www.arb.ca.gov/arber/arber.htm

_ . ...... d ... d ......... . The TRU orTRU gen set shall be registered in ARBER under section 2477.5(e). (B) The Executive Officer may grant additional one-year extensions provided the same procedures are followed, as described in section 2477.5(k)(1), immediately above. (I) Compliance Extension for ln•Use Performance Standards Based on Delays Due to Private Financing, Equipment Manufacture Delays, or Installer Delays.
43(1) The Executive Officer may grant a one-time. maximum four month extension to the normal compliance date setforth in section 2477.5(b) for meeting the in-use performance standards setforth in section 2477.5(a). provided certain conditions are met: (A)The owner must have ordered the compliance technology from the manufacturer no laterthan two months before the compliance date for VDECS retrofit compliance technologies and no laterthan four months before the compliance date for engine replacements. unit replacements. and trailer replacements. and the purchase order must be consistent with these lirnits: (BlThe TRU orTRU gen set is registered in ARBER; (C)An extensionapplication is submitted before the compliance deadline that. explains in detail why 

### a compliance extension is needed and how much additional time to comply is needed. including: 1. Ifdeliverv is the cause for delay, explain the status. and provide documentation from the manufacturerto demonstrate this is true. along with an updated deliverv schedule

.

......_ ......····· ., .........·...·· - ........... 2

.

# ---~:o~::~~~~~t~~s:~:~~::1~:~~f~~:ti:~~1~~~~:~!~~~t:n~l~~~~:t~·-an··**;;;:?~.'":•'E"·~:~;** I updated installation schedule. 

### 3, Ifthere are other circumstances causing the delay. such as financing,··:···. explain the status and provide documentation from the financier to demonstrate this is true. along with an updated schedule.
..

**·.~•**



### •..:

•.•L.o.:s.•...,•:,, .....i'.::"·,_,,.A:
.The owner or responsible official shall providetheir signature; after

### the!_:: 1;1:.•.

**'<.::.'\.c;:;··~·** statement: "I certify under penalty ofperjurv underthe laws ofthe State of· •·· ··;x;-·:·;·- California thatthe information provided is true. accurate. and complete:" _,: .: ..· .................... 5. The owner or resRonsible officialmust submit anapplication for
... .....:.:.c. •. :c.·..•... , __,,_-__,_.,_•••.. Compliance Extension to the Executive Officer by one ofthe following methods: a. Mail or deliverto ARB atthe address listed immediately below: California Air Resources Board Stationarv Source Division (ARBERffRUl P.O. Box 2815 Sacramento. CA 95812 b. Electronically submit by email to: arber@arb.ca.gov: or c. Electronically submit through ARB's ARBER website at: http://www.arb.ca.gov/arber/arber.htm

44

### (m) ULETRU Extension for Compliance with LETRU. (1) The ULETRU compliance dates required under subparagraphs 2477.5(b)(1) through (4) may be extended one yearfor TRUs orTRU gen sets equipped with MY 2003 or older engines ifthey complied by meeting the LETRU In-Use Performance Standard by the compliance dates listed below and the following qualifications are met: (A) Compliance with LETRU was achieved by the following compliance dates: 1. December 31, 2009 for MY 2001 and older engines; 2. December 31. 2009 for MY 2002 engines; and 3. December 31. 2010 for MY 2003 engines. (B)The original engine met the LETRU in-use standard by being retrofit with a Level 2 VDECS; or (C)The unitwas repowered with a replacement engine meeting the LETRU
_ in-use standard: 1. Tier4 final Non-Road/Off-Road Emission Standards. ifthe engine is rated at less than 25 hp

_2. Tier4 interim Non-Road/Off-Road Emission Standards. ifthe engine is rated between 25 hp and less than 50 hp (D)The original TRU orTRU gen set was replaced with a new TRU orTRU gen •::.•Y' ·· ,, 

### r3:.· ,.,_ "' .:-: •setthatisequippedwith anenqine.thatmeetstheLETRU in-use

**performance~:J,,::y:•,,c;c.·:** ···:

·--·-·o.- ·-··,<·,

**~-** --- 

### standard:

**-~.-........** 

### ... ' 1. Tier4 final Non-Road/Off-Road Emission Standards. ifthe engine is rated_ at less than 25 hp, or 2. Tier4 interim Non-R9ad/Off-Road Emission Standards. ifthe engine is

_ rated between 25 hp and less than 50 hp, or "·"--'-""-'''-" ;:i:••AEl.The unit is registered in ARBER under subparagraph 2477,5(e) •••• ...-:•:...

**:.·.·~•;;:** __:·..
**~.'"-':'~'-2:~''•'** L.
· " • ··" -- · ·. ·· {FlOwner must applyfor the ULETRU extension by submitting an application to -··· ·-- ·. .. · · ::c: :c .. ____ •. the Executive Officer at least 90 days before the ULETRU compliance date. •- 

### .,_........................ ··-··

.. **--~···-~·-·.:**... ::..... thatincludesthefollowing.information:
____ .. _ . ----·····---

- 1. Owner name and Owner-Operator Number (OON);

2. The affected unit's ION; 3. A statement thatthe unitwas in compliance on or before the compliance - date required under section 2477.5(m)(1)(A), above; 4. Documentation that demonstrates that the LETRU in-use standard was met before the compliance date required under section 2477.5(m)(1)(A),

__ above; 5. In the case ofa unit replacement that meets LETRU, additional information that demonstrates the old noncompliant unit that was replaced, including: a. A statement that the owner replaced a MY 2003 or older (actual model year must be specified) TRU or TRU gen setwith a newTRU orTRU gen setthat was equipped with an engine that is certified to meeta new engine emissions standard that meets the LETRU in-use performance standard;
45b. Receipts for the purchase ofthe new TRU or TRU gen set, dated on or · before the compliance date required under section 2477.5(m)(1)(A), above; c. Documentation forthe old, replaced TRU or TRU generator setthat supports the statement in subparagraph 2477.5(m)(1)(Fl5.a., above; and 6. Owner's or responsible official's signature, after the statement: "I certify under penalty of perjury underthe laws ofthe State of California thatthe information provided is true, accurate, and complete." (G)The owner or responsible official must submit an application for ULETRU Compliance Extension for Compliance with LETRU forTRU or TRU gen set replacement under subparagraph 2477.5(m}(1)(Cl, above, to the Executive Officer by one ofthe following methods: 1. Mail or deliverto ARB at the address listed immediately below: California Air Resources Board Stationary Source Division (ARBER/TRUl P.O. Box 2815 Sacramento, CA 95812

,,,,,,,_.,,,..,.. ,,,,,,, ·: '''". ::·. •···· •2;:EJectronicallysubmit•by.email:to: arber@arb:ca.gov;.·or 3.- Electronicallysubmit through ARB'sARBERwebsite at: http://www.arb.ca.gov/arber/arber.htm

··--_.,; ·,:·' 

### (n) Safe Passage for Noncompliant EquipmentTraveling in California;

...... ··-· .J1lTheExecutiveOfficermay grant a safe passage permitto aTRU or1iRLJgen:set,

**L~S''''"''3i~'/_:** -·/ · ownerto travel on-California highways with a specific noncompliantTRU orTRU•-• ,.,. •,,, ,,,... •.,, gen set, provided the following conditions are met:

**~-·** ··--·· (A) The purpose oftraveling on California highways is to take the noncompliant equipmentto a dealer or installerto bring the equipment into compliance:·

.. (B) Only one permit shall be allowed ifthe specificTRU orTRU gen set must
..•. complywith the ULETRU in-use standard, and two permits shall be allowed if · the specificTRU or TRU gen set must comply with both the LETRU and
___

.. ULETRU in-use standards.
_______ ..... _ ... __ ... . _ ....... (C)The TRU or TRU gen set shall not be operating (with the engine running) while in a noncompliant state in California; (D) No temperature-sensitive products shall be transported in a vehicle with a noncompliantTRU orTRU gen set; (E)The owner shall submit an application for a safe passage permitto the Executive Officer. Safe passage permit applications shall be submitted by one ofthe following methods: 1. Mail or deliver a physical report to ARB at the address listed immediately below:
46California Air Resources Board Stationary Source Division (ARBER!TRU) P.O. Box 2815 Sacramento, CA 95812 2. Electronically submit by email to: arber@arb.ca.gov 3. Electronically submitthrough ARB's ARBER website at: http://www.arb.ca.gov/arber/arber.htm (F) Applications for safe passage permits shall include the following information: 1. Owner's name· 2. Business name (ifdifferent); 3. Owner's street address, state, zip code; 4. Contact person's name; 5. Contact person's business phone number;

.6. Date(s) transport will take place;

7. Statement that the reason fortransporting the noncompliant equipment on California highways is strictly to take the noncompliant equipmentto a dealer or installerto bring the equipment into compliance; 8. TRU or TRU gen set serial number; 9. Vehicle Identification Number (VIN), BJC Code (forTRU gen sets and domesticshipping containers); or railcar.reporting mark: 

### 10. Physical address ofstartinglocation or point·ofentry into California; 11. Dealer's or installer's business name and physical address where compliance technology will be installed; and 12.0wner's or responsible official's signature, after the statement "\certify. under penalty of perjury underthe Jaws ofthe State of California that the
· ....•information provided is true; accurate,.and complete."

... •(G)The Executive Officer shall provide a decisionwithin 15 days ofthe'· ;,.,_.,.,. ..,. •·· "c.

. . .. application submittal.
... . . , . . ..•. ,. · ,.. fH)The ownershall provide the driverwith a copyofthe safe passage permitthat ,, 0.::
...• ,._,. has been approved by the Executive Officer. (I) During transit on California highways, the driver must, uponrequest: ._ .· 1. Show an inspectorthat no temperature,sensitive products are being
............ transported; · 2. Presentto the inspector the safe passage permit forthe noncompliant

....· TRU or TRU gen set that has been approved by the Executive Officer; and

. 3. Allow the inspectorto inspectthe TRU orTRU gen setto confirm the permit applies to the noncompliant equipment (J) All circumstances at the time of inspection shall be consistentwith the safe passage permit. NOTE: Authority cited: sections 39600, 39601, 39618. 39658. 39659. 39666, 39667 39674. 39675, 42400. 42400.1
.. 42400.2 42400.3.5. 42402,42402.2,42410 43013 43018 California Health and Safety Code. Reference: sections 39618,39650.39658 39659 39666,39667.39674 39675.42400 42400.1 42400.2. 42400.3.5. 42402 42402.2, -42410 40717.9 43013 and 43018.

47. ·.:

: ...-:· -: . Monitoring, Resordkeeping, and Reporting Requirements. (1)TRU aml TRU Gen Set Operator Resordl(eeping and Reporting. 

### 2477.6 Requirements forTerminal Operators. · 

### {A}.(ID Operator Reporting. 

## 'hillAll terminal operators subject to this regulation shallsubmit anOperator Report to ARB by January 31, 2009, for each terminal located in California that shall include the following information: a-c(A) Terminal GQperator name, address, and contact information for the

**responsi~le** official (phone number, emailaddress, fax number). 

### &..ill.} List of all terminals owned or leased bythe operator located within California, with Terminal address, phone number, and terminal contact name for each California terminal where TRUs orTRU generator sets are garaged, maintained. operated, or dispatched · from.

**~** &.(C) TRU and TRU gensetinventory informationList ofARB Identification Numbers issued in accordance with section 2477.5(e) for ea-eRall

**TRU~** and TRU gen

**set~** based in California that is owned or leased bythe operatorassigned to each California

**terminal~~** 

### 1., -··· ..JRl).QrgQF1

**q.QtJ!lCI~;_F!:IQ.dpJ,** moc:lqlygar, and serial numbQr,

**:··r<·i•:·.y•>r:·~·t**

## ..
' --, ,"' . , ..... . ;

**·-~-** _IL_
...··.....TFW

**o•o~~ner,** and if othertoanopqrat()r, ow11er name, address,,,
.........-...- ...

.... qnd co_11taqt
. , :

**-~** • ·; · ............· IlL

\1 -:v__. Engine make, model, model year, and serial number.

.. ';_·:--,

.. ·Terminal(s) that the TRU isassigned to.

-- ...

## --- --·- .. -. /\RB TRUQrJRU

__gene;qt idOF1!ifiqatiof1 n[Jmbgr,ifalready issued. Ifthe ARB identification number has not been issued or there has been a change in the other identification numbers listed belov.· since the prior annual report, then provide the following identification numbers (as applicable): 

### i. Vehicle Identification Number. ii. Vehicle license number.

48I



## I iii. i" 

# ..

" 'fl. Railoar reoording mark and oar n!Jmber. Shipping oontainer n!Jmber (for TRU eq!Jipped shipping oontainers only). Company eq!Jipment n!Jmber. VI. Complianoe stat!Js 'Nith paragraph (e)(1)(A) req!Jirements.

**~m**The Operator Report shall be updatedwithin 30 days when changes to
· any ofthe above operator information occur. An Operator Report shall be

submitted to ARBER within 30 days ofthe start-up of any newfacility and shall.be removed from ARBER within 30 days of a terminal shutting down. a( A) OperatorReports shall be submitted by one ofthe following
· methods: hi,_ Mail or deliver a physical report to ARB atthe address listed immediatelybelow:

**C/\LIFOR~JIA** AIR RESOURCES BOARD ··.·•······.·· ST/\TION/\R¥_SOURCE.DIVISION{TRU)

.. •• P.O. BOX2g15 · ·

**S/\CRi\Mi;;~JTO,** CA95g12 California Air Resources Board Stationarv Source Division (ARBER!TRU)


### · P.O. Box 

### 2815· ·

Sacramento. CA 

### 95812 -1+.-2. Electronically submitthroughARB's ARBERwebsite web.site
... at: http://www.arb.ca.gov/arber/arber.htm. The ·.veb address will be identified in an advisory. 3. Electronically submit by email to: arber@arb.ca.gov 

### J.,QlFailure toreport or submittal offalse information isa separate violation 

### ef statolawofthis rule and subject to civil penalty. 

## f8t Alternative Diesel Fuel Use and Fuel Additive Reoerdl<eeping and Reperting.

1. Operators that ohoose a eomplianoe patl=iway that involves the !JSe of alternative diesel f!Jel in aeeordanee •.vith s!Jbparagraph (e)(1)(A)3.d. (e.g. B1 00 biodiesel F!Jel or !Jitra lovl aromatie synthetio diesel F!Jel) and/or a VDECS that inei!Jdes the !Jse oF a F!Jel additive (e.g. F!Jel berne oatalyst) shall maintain reeerds that deo!Jment mmi!Jsive !Jse oF the ehesen F!Jel or
49

### !



## I 

## I additive for each affected Cl engine and hours ofoperation. Appropriate records would be copies of reoeipts or invoioes ofappropriate fuel and/or fuel additive and daily operating hour logs. 2. Records shall be kept available for a minimum ofthree (a) years and shall be compiled and made available to the ARB upon request. 

# a. Failure to i(eep records or submittal offalse information is a violation of state lmv subjectto civil penalty. NOTE: Authority cited: sections 39600. 39601. 39618 39658. 39659. 39666. 39667. 39674. 39675 42400. 42400.1. 42400.2. 42400.3.5. 42402 42402.2. 42410. 43013. 43018. California Health and Safety Code. Reference: sections 39618 39650. 39658 39659 39666. 39667 39674. 39675. 42400. 42400.1. 42400.2. 42400.3.5 42402. 42402.2. 42410. 40717.9. 43013. and 43018.


### 2477.7 Requirements for Drivers. (a) Beginning January 1. 2013. a driver shall not operate aTRU-equipped truck or tractor-trailer equipped with a TRU or TRU qen set on a California highway unless the TRU orTRU gen set complies with section 2477.5(a)

.

. (b) Adriver must, upon request. providethefollowingavailable informationto<·'·'··''"' authorized enforcement personnel: ··· ·· ..... (1) (2) 

### (3) ..• (4)



### (5) (6) Driver's license; Truck or tractor registration; Trailer registration; Bill of lading or freight bill with.origin and destination offreight being,
__. ,_, t:L transported, the consignor(shipper) and consignee (receiver); .,.. · · ·'" ··· · The company name and contact information ofthe carrier that dispatched · the driver; and

. .. The company name and contact information ofthe business entity (e:g. · ·· shipper, freight broker, freight forwarder, or receiver) that arranged, hired. or contracted for the transport ofthe perishable goods being hauled,· subject to the requirements in sections 2477.8, 2477.9, 2477.10, and 2477.11. NOTE: Authority cited: sections 39600 39601, 39618, 39658, 39659, 39666 39667, 39674, 39675, 42400, 42400.1, 42400.2 42400.3.5, 42402 42402.2,42410,43013 43018, California Health and Safety Code. Reference: sections 39618,39650,39658 39659 39666,39667.39674,39675,42400,42400.1,42400.2,42400.3.5,42402,42402.2, 42410 40717.9,43013, and 43018.

50

### 2477.8 Requirements for Freight Brokers and Freight Forwarders. (a) Beginning January 1, 2013. freight brokers and freight forwarders that arrange, hire, contractfor, or dispatch the transport of perishable goods in TRU-equipped or TRU gen set-equipped trucks, tractor-trailers, shipping containers, or railcars on California highways or railways must: (1) Require the carriers they hire or contractwith for transport of perishable goods, to only dispatch TRU-equipped trucks. trailers, shipping containers, and railcars or TRU gen sets that complywith section 2477.5(a) ifthey travel on California highways or railways. (2) Provide the following information to the carrier for their dispatched driver who will be traveling on a California highway or railway: (A) Freight broker's orfreight forwarder's business name; (B) Freight broker's orfreight forwarder's street address, state, zip code; (C) Freight broker's orfreight forwarder's contact person's name; and (D) Freight broker orfreight forwarder contact person's business phone number. ·

· NOTE: Authority cited: sections 39600, 39601, 39618, 39658 39659, 39666, 39667 39674, 39675, 42400, 42400.1,

42400.2, 42400.3.5, 42402.42402.2 42410,43013,43018. California Health and Safety Code. Reference: sections 39618,39650 39658,39659,39666,39667,39674,39675 42400,42400.1,42400.2,42400.3.5,42402 42402.2, ·<Jic.•.•. Y ., ·• .·4241o: 40717.9,43013. and 43018. . .•. ·< ...·. 

### 2477.9 Requirements for Motor Carriers. (a) Beginning January 1, 2013, motor carriers that dispatch TRU-equip!)ed trucks,

;trailers, or shipping containers equipped.withaTRU.orTRU qen setthattravel,••._j
........ . ··on a highway withinCalifornia must:· ··•··

(1) Only dispatch TRUs or TRU gen sets that comply with section 2477.5>.: .•..

**~··········**..···''·'"'···•-

..··• 1 (2) Provide the following information to a dispatched driverwho will be traveling on a highwaywithin California: (A) Carrier's business name: . (B) Carrier's street address, state, zip code; (C)Carrier contact person's name; and (D)Carrier contact person's business phone number. (3) Provide the dispatched driverwith the business name, address, contact person, and phone number ofthe business entity (e.g. freight broker, freight forwarder, shipper or receiver) that arranged. hired, contracted for, or dispatched the transport ofthe perishable goods being hauled. (b) Carriers may also have to comply with terminal operator requirements, under section 2477.6, ifthey have terminals located in California. NOTE: Authority cited: sections 39600 39601. 39618, 39658 39659. 39666, 39667, 39674. 39675. 42400, 42400.1, 42400.2 42400.3.5, 42402 42402.2 42410.43013 43018, California Health and Safety Code. Reference: sections 51 . 'i ·I

# I39618. 39650. 39658 39659. 39666 39667. 39674. 39675. 42400; 42400.1' 42400.2. 42400.3.5. 42402. 42402.2. 42410.40717.9.43013. and 43018.
2477.10 Requirements for California-Based Shippers. (a) Beginning January 1, 2013, California-based shippers that arrange, hire, contract for, or dispatch the transport of perishable goods in TRU-equipped trucks, trailers, shipping containers. or railcars, or TRU gen sets on California highways or railways must: (1) Dispatch TRUs orTRU gen sets that comply with section 2477.5(a) ifthey travel onCalifornia highways or railways: or (2) Require the carriers they hire or contractwith for transport of perishable goods, to only dispatch TRUs or TRU gen sets that complywith section 2477.5(a) iftheytravel on California highways or railways; and. (3) Provide the following information to the carrier or a dispatched driverwho will be traveling on a highwaywithin California: (A) Shipper's business name and address: (B) Receiver's business name and address: (C) Freight broker orforwarder business name and address (if any); and

, (D) Contactperson's name, and phone

**numb~r** attheshipper, broker, or
· receiverWith knowledge ofthe transport arrarigemer\ts. ' ·· NOTE: Authority cited: sections 39600 39601. 39618. 39658 39659. 39666. 39667. 39674. 39675.42400 42400.1. 42400.2 42400.3.5. 42402. 42402.2. 42410 43013. 43018. California Health and Safety Code·: Reference: ·sectidns· ··· · · 39618 39650. 39658 39659. 39666. 39667. 39674. 39675 42400. 42400.1' 42400.2 42400.3.5. 42402 42402.2. '
.. 42410.40717.9.43013. and 43018.
2477.11 Requirements for California-Based Receivers.

..·.·.,. (a) Beginning January 1, 2013;



### California"ba~ed receivers ihatarrange, hire,·::· ·: ·:



### :~- ... _ contractfor. or dispatch the transport of perishable goods in TRU-equipped trucks, trailers, shipping containers, or railcars: or TRU gen sets on California

.... highways orrailways must: . (1) Dispatch TRUs orTRU gen sets that comply with section 2477.5(a) ifthey travel on California highways or railways: or
·(2) Require the carriers they hire or contract with for transport of perishable goods, to only dispatch TRUs or TRU gen sets that comply with section 2477.5(a) ifthey travel on California highways or railways: and (3) Provide the following information to the carrier or a dispatched driverwho will be traveling on a highway within California: (A) Shipper's business name, address: (B) Receiver's business name, address: (C) Freight broker orforwarder business name and address (if any); and (D) Contact person's name. and phone number at the shipper, broker, or receiver with knowledge ofthe transport arrangements. 52NOTE: Authority cited: sections 39600. 39601. 39618. 39658. 39659 39666. 39667. 39674. 39675 42400. 42400.1. 42400.2. 42400.3.5. 42402. 42402.2. 42410. 43013. 43018. California Health and Safety Code. Reference: sections 39618. 39650 39658. 39659 39666. 39667. 39674. 39675 42400. 42400.1 42400.2. 42400.3.5, 42402. 42402.2, 42410.40717.9.43013. and 43018.



### . 2477.12 Requirements for Lessors and Lessees.

(a) Lessors shall be subject to all of the following: (1) The lessor is responsible forthe owner requirements set forth in section 2477.5. See the definition of "owner" in section 2477.4 for clarification related to banks and financial institutions. (A)The lessor may delegate the responsibility for applying for an ION (registering

.... ___,.in ARBER) under section 2477.5(e) to the lessee. ifthe following conditions_ are met: 1. The lease contract must showclear delegation ofthe ARBER registration requirements to the lessee: 2. The lessor must submitthird party agreement confirmation information for leased units to ARB at least 10 days priorto the lessee applying for an - ION. The following information is required: a. ·Unit serial numbers for each TRU or TRU gen·set; · b. Unique company equipment number; c. Vehicle license number; d. Vehicle Identification Number (VIN); f. Lessor company name. address. federal tax 10 (EIN), contact person.· ..

**~** -.

and contact information:
.. _· . •

**~ssee** company name. address. federal tax 1.0 (EIN\. contact

**person•;;)~'>**__

### :,_;-cc::.: 'cc'' and contact information;
. -. 

### :·r,,-, ., .... ·•· · ·e. Copy ofthe contract pages ofthe lease contractwith the languaqe · ·•·

. highlighted that identifies the lessee as the responsible partyfor
· · ···· ·registration: and · .., ..... f. Owner's/lessor's or responsible official's signature. afterthe statement: .: .

·• "I certify under penalty of perjury underthe laws ofthe State of · California thatthe information provided is true, accurate, and complete."
... 3. The lessor must submit third party agreement confirmation information for
... leased units to the Executive Officer by one ofthe following methods: a. Mail or deliverto ARB at the address listed immediately below: California Air Resources Board Stationary Source Division CARBER/TRU) P.O. Box 2815 Sacramento, CA 95812 b. Electronically submit by email to: arber@arb.ca.gov
53 ..

**~'** .4. The lessor must notify the lessee in writing ofthis delegation. (B)The lessor shall not delegate owner requirements for complyingwith the in-use standards under section 2477.5(a) to the lessee unless the lessor is a bank or financial institution (see definition of "owner" in section 2477.4). (2) When TRUs or TRU gen sets are at a lessor's California terminal for 30 or more days, the lessor shall be subjectto the operator report requirements setforth in section 2477.6. (b) Lessees shall be subjectto all ofthe following: (1} The terminal operator requirements setforth in section 2477.6 if a leased or rented TRU or TRU generator set has been assigned to the lessee's California terminal for 30 or more days. (2) If delegated by contract and the lessor has submitted third party agreement confirmation information for leased units to ARB under section 2477.12(b)(1)(A)

. and notified the lessee ofdelegation under section 2477.12(a)(1)(A)3

.. the lessee

.

is responsible forthe registration requirements of section 2477.5(e) and shall complete all ofthe following: (A) Submit a registration application for an ION after at least 10 days ofthe lessor submitting the third party agreement confirmation information for leased units to ARB, but no more than 30 days afterthe lessor's notice; (B) Submit a copy ofthe ARBER TRU Certification tothe lessorwithin 30 days after registration in ARBERis completed and an•ARBERTRU Certificationds, :'•: ····• ,..

### c:··"····
· issued; and (C)Affix (attach) the ION to the TRU orTRU gen set housing within 30 days in accordance with subparagraph 2477.5(e)(1){F). NOTE: Authority cited: sections 39600, 39601. 39618 39658, 39659, 39666, 39667, 39674, 39675. 42400, 42400.1 ;. • 1,42400.2, 42400.3.5, 42402. 42402.2:42410. 43013, 43018, California Health andSafety Code. Reference:· sections ,

**~**:. '"

..•·•:<:·c. •:: :: . ;, .39618:·39650, 39658, 39659. 39666 39667,
..39674, 39675, 4240042400.-1. 42400.2; 42400.3.5,-42402; 42402.2:· ":·"
...... , 42410,40717.9.43013 and 43018. ··• '·" · ·

... - ,._ ...

**~--.** 

### - ······ .... -··· 

### 2477.13 Requirements for TRU and TRU Gen SetOriqinal Equipment
· . Manufacturers.

· (a) TRU and TRU original equipment manufacturers that equip TRUs orTRU gen.sets with flexibility engines, as defined in section 2477.4, shall do all ofthe following:

. __

.. -·- . - (1) Beginning [30 days after amendment effective date], provide written notification to the Executive Officer oftheir intent to equip TRUs orTRU gen sets with flexibility engines. This notification shall be submitted at least 12 months in advance ofthe first flexibility engine being installed in production, to: California Air Resources Board Stationary Source Division (TRU) P.O. Box 2815 Sacramento, CA 95812
54(2} Beginning [120 days afterthe effective date ofthe amendment) provide supplemental labels that list all ofthe engine information needed to register the TRU orTRU gen set in ARBER under section 2477.5(e}, ifthe engine manufacturer's emissions label does not provide this information. (A} The supplemental label shall be permanently affixed to the flexibility engine in an easily accessible place, in accordance with 40 CFR 89.110 (forTier 1 or Tier 2) or 40 CFR 1039.135 (forTier 4). Alternative supplemental label locations and font sizes may be necessary, such as on the equipmentframe. subjectto Executive Officer approval. (3) Beginning [120 days after the effective date ofthe amendment] the original equipment manufacturer shall provide written disclosures with newTRUs orTRU gen sets that are equipped with flexibility engines. These written disclosures may be included with documentation that is shipped with the TRU orTRU gen set and must include instructions to dealers telling them they are required by California law to notify the ultimate purchaser ofthese disclosures priorto sale. and to pass these written disclosures to the ultimate purchaser at point ofsale

.

. The following disclosures are required: (A)The TRU orTRU gen set is equipped with a flexibility engine. Flexibility engines meet less stringent emissions standards than the emission standards 

### that·we-re. .in·e_ffect·at the time the flexibiHty:enqine was manufactured.,:..:::_,:·'

**·;··~~I:-~::· :~·;·:~~** 

## ..

**~~--·** · (B)Provide the effective model year oftheflexibility engine, as shown in· ·· · · ··· section 2477.4. Table 1. (C) Notify the ultimate purchaserthat ifthey register the TRU orTRU gen set in ·

.ARBER under section 2477.5(e). they are required report the effective model year ofthe engine. notthe yearthat the engine was manufactured

...

. Noncompliance.may result in penalty. · (D)Ifthe TRU orTRU gen set is operated in California. the ownerwill be required

.to bring the engine into compliance with the ULETRU in-use standard

**seven_~** · years afterthe effective model year ofthe engine. in accordance with_:,:;_,
.... __

····section 2477.5(a) and (b). ·

..·.

**~ilil_Original** Equipment Manufacturer Reporting · 

## :\Afill Current Production Reports: Beginning April 6, 2011, and by

**~anuary** 1st

. and June 30th of each calendar yearthereafter, TRU and TRU gen set originaL

equipment manufacturers shall provide to ARB the information listed belowfor all TRUs and TRU gen sets thatwill be manufactured and marketed for sale in the following markets: California, United States, Canada, and Mexico. The following data shall be provided for TRUs and TRU gen sets that will be produced during the six month period following the report due date for each market area:

**~®** TRU orTRU genset manufacturer and model name, as itappears on the unit label; and

55 .**~.(ID** The following engine information for each TRU orTRU gen set model: 

### &.-.1., Engine manufacturer; &.-2. Engine model, as it appears on the engine emissions label; &.-3. Engine model, as it appears on the serial number label, ifdifferent; 44. Engine Family; &.5. Rated horsepower and rated speed; f,6. Displacement (liters);

**~7.** Exhaust Emissions Control

**System~** lt-.(L Tier standard met; and h9. ARB's Executive Orderthat the engines are manufactured

**under~** 

### @.cf.Ql Current Production Reports shall be submitted by one ofthe following methods: Mail or deliver a physicalreport in electronic format to ARB atthe address listed immediately below: C/\LirORNI/\AIR RESOURCES BOARD STATIONARY SOURCE DIVISION (TRU) P.O. BOX 281§
.·. $ACR/\[111ENTO; Cf\

### 9§812 ·· California Air Resources Board Stationarv Source Division ITRU) 1001 

### I Street Sacramento. CA 95814 · ·

... &.-2. ·· Electronically submit to ARB's TRU Program via email at ·· · j

.. Jruarber@arb,ca.gov .· ....... .

--

**------~·-·** 

### 4-,.(Ql Original equipmentmanufacturers that produce less than 100 TRUs or····· TRU gen sets per calendaryear may submit Current Production YearReports · within ten days of installing the first engine in a production run ofa new · '··

. model.· Prior Production Reports: -1-,{6l Prior unit and engine data. TRU and TRU gen set original equipment manufacturers shall: 

### &.-.1., By April 6, 2011, provide a production report to ARB with the information listed below in subparagraph

**~2477.13(b)(2)(C)** forthe previous five calendar years for each TRU orTRU gen set produced for sale in California, North America, Canada, and Mexico; or

56&.-2. Ifthe TRU orTRU gen set original equipment manufacturer elects notto provide the information in subparagraph (f)(d)(B)1.a.2477.13(b)(2)(A)1., then within 30 days of any request from ARB, the. TRU or TRU gen set original equipment manufacturer shall provide a productionreport to ARB with the information listed below in subparagraph

**~2477.13(b)(2)(C)** for the unit and engine serial numbers provided in ARB's request. 

## bilil Monthly production reports. TRU and TRU gen set original equipment manufacturers shall either: 

## a-.L Beginning April 6, 2011, provide bythe 15th.ofeach calendar month, a monthly production report to ARB with the information listed below in subparagraph

**~2477.13(b)(2)(C)** for the previous calendar month for each TRU orTRU gen set produced for sale in California, North America, Canada, and Mexico; or e;.2. As an alternative, the TRU orTRU gen set original equipment manufacturer may request reporting that is equivalentto and at least as effective as subparagraph (f)(d)(B)2.a.2477.13(b)(2)(B)1., immediately. above, subjectto Executive Officer.approval.



### · · ·,·.· @,._(g Original equipment manufaeturers shall providethefollowingJnformation.•

··, .· for each TRU and TRU gen set: · ·· · ···· ····· ' 

## a-.L &.-2. 

### &.3. 

### 44. &.-9.,. fo6. 

## §";-L fl...8. h9: TRU orTRU gen set model name, as it appears on the unit

**label~** TRU orTRU gen set serial

**number~** Engine

**manufacturer~** Engine model, as itappears on the engine emissions label;_ Engine model, as it appears ()pthe

**~erial** number label, ifdifferent; ·.··•··.·. ·· Engine

**Family~** ·· " •· · Engineserial

**nl,lmber~.** Rated horsepower.and ratE)d speecl: and Tierstandard met 

### 4-c@ Prior Production Reports and. Flexibility Engine.Reports shall be submitted on CD or DVD to: C/\LWORNI/\AIR REaOURCEa BOARD aTI\TIOW\RYaOURCE DIVIaiON (TRU) P.O. BOX 2815 ai\CRI\MENTO, C/\ 95812
California Air Resources Board Stationarv Source Division (TRU) 1001 I Street Sacramento, CA 95814

57I 

### {Gt.Ql Confidentiality of current and prior. production reports. TRU and TRU gen set original equipment manufacturers may designate current and prior production report information as confidential or trade secret, and such information will be handled in accordance with title 17 CCR, section 91000
.

. (c) Beginning [120 days afterthe effective date ofthe amendment] TRU and TRU qen set original equipment manufacturers (OEM) that sell TRUs, TRU gen sets, or replacement engines in California shall: (1) Providea supplemental label with all new and rebuilt replacement engines that provides the information that is required to register the unit in ARBER under section 2477.5(e), ifthe engine manufacturer's emissions label does not provide this information. If a prior-tier replacement engine (as defined in section 2477.4) is used, the effective model year (as defined in section 2477.4) shall be listed on the supplemental label. (A) The supplemental label shall be permanently affixed to the replacement engine in an easily accessible place, in accordance with 40 CFR 89.110 (for Tier 1 orTier 2 engines) or40 CFR 1039.135 (for Tier4 engines). Alternative supplemental label locations and font sizes may be necessary if accessible engine surface space is not available, subject to Executive Officer approval. {2) Provide a registration information documentwith each newTRU andTRUgen· .,. ··· ·· " ···· ·

1 set that includes: (AlAll ofthe TRU orTRU gen set unit information that is needed to registerthe TRU orTRU gen set in ARBER .under section 2477.5(el. This information must be the same as the informationon.the unit labelthat is attachedto

**the:~':'.** •:···;;.:.;;:; unit. (8)All ofthe TRU orTRU gen set engine information needed to register in,
.......... . ARBER under section 2477.5(e). This information must be the same as

**the,,J·.~j··~_c:::::~!"i'"Ce:~'** informationon the engine labels that are attached to the engine. (C)The registration information document shall include a certification statement
........ · by the TRU OEM stating thatthe unit registration information provided is

exactlythe same as listed on the TRU or TRU gen set unit label and the engine registration information provided is exactly the same as listed on the engine labels.
.. .... ...... (D)As an alternative to providing the registration information document the TRU orTRU qen set original equipment manufacturer may provide a web-based, on-line lookup system for registration information that is at least as effective · as section 2477.13(c)(2)(Al, (8), and (C), subjectto advance Executive Officer approval. In determining whether a specific web-based, on-line lookup system for registration information is at least as effective as section 2477.13(c)(2)(A), (8), and (C), the Executive Officer shall consider information submitted by the manufacturer and shall exercise good scientific and engineering judgment.
58(3) Provide a registration information documentwith each new and rebuilt replacement engine supplied by the OEM that includes: (A)All ofthe engine information needed to register in ARBER under section 2477.5(e). This information must be the same as the information on the new replacement engine labels or rebuilt replacement engine supplemental labels (see section 2477.16(b)) that are attached to the engine or an alternative location approved by'the Executive Officer. · (B) The registration information document shall include a certification statement bythe TRU OEM stating thatthe engine registration information provided is exactly the same as listed on the replacement engine labels. (C) Include entrv spaces and instructions forthe dealer or installerto fill in the unit information that is needed to register the unit in ARBER pursuantto section 2477.5(e)(1)(A)4. Include a certification statementforthe dealer or installerto sign under. stating thatthe unit information entered is exactlythe same as listed on the unit label thatthe replacement engine is installed into. (D)As an alternative to providing the registration document. the TRU orTRU gen set original equipment manufacturer may provide a web-based, on-line lookup system for registration information that is at least as effective as section 2477.13(c)(3)(A), (B), and (C), subjectto advance Executive Officer approval. In determining whether a specific web-based, on-line lookup system for registration information is-at least as effective .as section 2477.13(c)(2)(A},: oc' (B), and (C), the Executive Officer-shallconsider information submitted bythe manufacturer and shall exercise good scientific and engineering judgment.

·. (d) Beginning [30 days afterthe effective date ofthe amendment]. OEMs shall provide.:· · .written disclose with each prior-tier replacement engine they supplythatshall be

passed on to interested buyers priorto.sale ofa prior-tier replacementengine · ·notifying them that the engine was manufactured to meet less stringentemissions standards than are currently required. This notification mustalso provide the :

### ..--

•.• •".J''

· .effective model year ofthe prior-tier replacementengine and the ULETRU

___ .•,•.

### ,:c:...

**~-"-·' ·~·--**  compliance deadline. ·· ·NOTE: Authority cited: sections 39600, 39601, 39618. 3965Bc39659; 39666. 39667. 39674. 39675.42400·42400.1
...' 42400.2, 42400.3.5 42402, 42402.2. 42410. 43013, 43018. California Health and Safety Code. Reference: sections· ·.... 39618,39650.39658,39659.39666 39667 39674,39675.42400,42400.1.42400.2.42400.3.5 42402 42402.2, 42410,40717.9.43013. and 43018.


### 2477.14 Requirements for TRU, TRU Gen Set. and TRU-Eguipped Truck and Trailer Dealers. (a) Beginning [120 days after amendment effective date], dealers that sell and/or install TRUs. TRU gen sets. or replacement engines in California shall: (1) Pass the registration information document provided by the TRU orTRU gen set OEM (under section 2477.13) or print-outfrom the OEM's web-based look-up
59system (under section 2477.13(c)(2)(0) or 2477.13(c)(3)(D)) to the ultimate. purchaser upon sale ofa new TRU orTRU gen setthat includes the TRU orTRU qen set unit information and the TRU engine information requiredfor registration undersection 2477.5(e). (2) Pass the registration information document provided by the TRU orTRU gen set OEM under (section 2477.13) or print-outfrom the OEM's web-based look-up system (under section 2477.13(c)(2)(0) or 2477.13(c)(3)(D)), or engine rebuilder (under section 2477.16) to the ultimate purchaser upon sale of a new replacement engine, or rebuilt replacement engine that includes the engine information required for registration under section 2477.5(e). (3) If an engine is not supplied by a TRU OEM, the dealer shall provide a registration information documentthat lists all ofthe TRU orTRU gen set engine information needed to register in ARBER under section 2477.5(e)(1)(A)7. This information must be exactlythe same as the information on the engineemissions label that is attached to the engine. The registration information document must include a certification statement by the dealerstating thatthe engine information provided is exactlythe same as listed on the engine emissions label. (4) If a new TRU orTRU gen set is equipped with a flexibility engine, the dealer shall·

......_notify the ultimate purchaserofthewrittendisclosuresprovided bv theOEM

,,. ' · · ,. · undersection 2477.13(a)(3) priorto sale and shall passthesedisclosures·tothe ultimate purchaser at point ofsale ofa newTRU orTRU gen set. (b) Dealers that sell TRUs orTRU gen sets from businesses located in California may . '· • · · purchase, receive, or otherwise acquire and have in their possession,TRUs orTRU,· ·

**;:_:{",0:.<.:.J..:~;:.i·''L'.:;** ,gen sets that are noncompliantwith the incuse performance standards

**:of;.-~··**..::•:.•:. 

## ..:L..•• 0.. **,.,::.:~-::Li'.f~::C:.** section2477.5(a) andthe registration requirements ofsection 2477.5(e), ifthe · ,., ··••·· ··•• · .,• • following conditions are met:
. ... ... . .....

.. --·· ·-· .:·

**:~-~~--** ---- .. _.,..; .... (1) The noncompliantTRUs orTRU gen sets are not sold for use in California prior to being brought into compliance with the requirements; (2) The noncompliantTRU or TRU gen set is sold to a person thatwould not be reasonably expected to do business in California and a written disclosure to the. buyer in the bill ofsale is required in accordance with section 2477.18(b)(1); "(3) The noncompliant TRUs orTRU gen sets are not rented or leased priorto being brought into compliance with these requirements; (4) The noncompliant TRUs orTRU gen sets are not operated at thedealers place ofbusiness or on California highways for the purposes ofcontrolling the environment oftemperature sensitive products while in California. This condition applies to TRU orTRU gen sets underthe dealer's control. This condition does

60 . '·-·-;-· ··.-·

·-----.

**----~--** __,_:.not apply to TRUs orTRU gen sets owned by others that are being repaired by the dealer; and (5) Ifa noncompliantTRU orTRU gen set is in transit on California highways: (A)The TRU orTRU gen set shall not be operating; (B) The dealer shall be responsible for ensuring that no temperature-sensitive products are transported in the vehicle; (C)The dealer shall provide the driverwith written evidence thatthe noncompliantTRU orTRU qen set is under the control ofthe dealer. including

. the following information: 1. Dealer's business name; 2. Dealer's street address, state, zip code; 3. Dealer contact person's name; 4. Dealer contact person's business phone number; 5. Date(s) transportwill take place; 6. ·Statement ofthe reason fortransporting the noncompliant equipment 7. TRU orTRU gen set serial number 8. Physical address ofstarting location; 9. Physical address ofending location; and 10. Dealer owner's or responsible official's signature, afterthe statement: "I certify under penalty of perjurv underthe laws ofthe State of California
·. thatthe information provided.istrue.accurate, and complete:': (D)Ourinq transitonCalifornia highways. the driver, uponrequest, must show-an-,.,,,,. inspectorthat no temperature-sensitive products are being transported and · must present written evidence provided by the dealerthat the noncompliant · TRU orTRU qen set is underthe control ofa dealer; and CElAII circumstances atthe time of inspection shall be consistent with tl:ie requirements under section.2477.14Cblf5}.· ..·· NOTE: Authority cited: sections 39600, 39601, 39618 39658, 39659, 39666, 39667, 39674, 39675 42400:.42400.1;. :-

-- _:· -. 42400.2. 42400.3-.5. 42402.'42402.2. 4241o: 430-13- 43018. Calito·rnia Health·and ·safety·Code.-

**Refere'rite:··-sections·~.:.··.** ,_ .. · · · ,..

: ··39618, 39650, 39658, 39659 39666, 39667, 39674, 39675, 42400;'42400.1 ,42400;2 42400.3.5, 42402,42402:2:- 42410, 40717.9, 43013, and 43018. 

### 2477.15 Requirements for Repair Shops Located in California thatWork on ......, .. ,



### ..TRUs or TRU Gen Sets.

. . _ . . . . . .. __ .....

. (a) Repair shops located in California that sell and/or install new or rebuiltreplacement ·--· _____ engines into TRUs orTRU gen sets shall: (1) Pass the registration information document provided by the TRU or TRU gen set OEM (under section 2477.13) or engine rebuilder (under section 2477.16) to the ultimate purchaser upon sale ofa new or rebuilt replacement engine that includes the engine information needed to register in ARBER, as listed in section 2477.5(elC1liA)7.

61(2) Beginning [120 days after amendment effective date], if an engine is not supplied by a TRU OEM, the installer shall provide a registration information document

. that lists all ofthe TRU orTRU gen set engine information needed to register in ARBER, as listed in section 2477.5(e)(1)(A)7. (A) This information must be exactlythe same as the information on the engine emissions label that is attached to the engine. (B)The registration information document shall provide a certification statement by the repair shop responsible official stating that the engine information provided is exactlythe same as listed on the engine emissions label. (3) Beginning [120 days after amendment effective date], provide the unit information on the registration information documentthat is needed to register the unit in ARBER for TRU orTRU gen set that the new or rebuilt replacement engine is.installed into. The unit information that is required is listed in section 2477.5(e)(1)(A)4. (A)The repair shop responsible official shall provide a certification statementon. the registration information document stating thatthe unit information provided is exactly the same as listed on the unit label. NOTE: Authority cited: sections 39600,39601.39618,39658 39659 39666.39667.39674,39675.42400,42400.1. 42400.2. 42400.3.5;42402 42402.2 42410.43013,43018, California Health and Safety Code. Reference: sections 39618 39650, 39658, 39659, 39666, 39667, 39674 39675, 42400, 42400.1, 42400.2, 42400.3.5. 42402. 42402.2 c::·_,;;.:,,.·,_::,;,E• .'!·H. 4241 0."4071·7.9, 43013. and 43018. · · · ·• ·. ·:.;•.:

.2477.16 Requirements for Engine Rebuilders.

**-~·** .': .·_·, ,... -.'. ,·.- ·· •· ·(a) If a TRU engine is being rebuiltto remain in compliancewith the in-use standards .of· "'''. · · · · "
· section 24775(a), it.must be rebuilt in accordance with the 40 CFR. sections 89.130
.

and 1068.120:and 1.3 CCR, section 2423(1), as these sectionsexisted on August 

### 31:::. ·'·
.

**~**

### ..-·..:. 2012, and shall meet the following requirements: (1) To remain in compliance with the in-use performance standards. the engine must be rebuilt to a configuration of a more stringent emissions standard tier than the original engine;

. (2) The engine must be rebuilt to a certified configuration of matched components
.. "Matched components" means a complete set of components corresponding to the certified emissions configuration (tier) ofthe engine that is being used as the reference for the rebuilt engine. (b) Beginning [30 days after amendment effective date], engine rebuilders shall provide a supplemental label with each rebuilt engine that includes the following information: (1) Name ofthe engine rebuilder; (2) Engine manufacturer ofthe original engine (3) Engine model: (4) Engine model year:

62(A) Prior tier engines. Ifthe rebuilt engine meets a prior-tier emissions standard. then the effective model year is required (see definition of effective model year in section 2477.4); (B) Current tier engines. It the rebuilt engine meets the tier standard that is currently in effect, then the model year is the yearthatthe rebuild is completed. (5) Horsepower rating ofthe certified configuration ofthe rebuilt engine: (6) Emissions standard tier met by the certified configuration (e.g. Tier4i); and (7) .Calendar year thatthe rebuild was completed. (c) Supplemental labels shall be permanently affixed to the rebuilt engine in an easily

.accessible place. in accordance with 40 CFR, section 89.110 (forTier 1 orTier 2) or 40 CFR, section 1039.135 (forTier 4). Alternative supplemental label locations and font sizes may be necessarv if surface space is not available, subject to Executive Officer approval. (d) Beginning [90 days after amendment effective date], engine rebuilders shall provide the following documentation, within 30 days of request. that demonstrates they have complied with the engine rebuilding practices of40 CFR. sections 89.130 and

.1068.120, and 13 CCR, section 2423(1):

(1) Information that demonstrates there is a reasonable technical basis for knowing thatthe rebuilt engine is equivalent. from an emissions standpoint, to an engine that complies with the certification standards applicable to the emissions tier standard ofthe rebuilt engine (i.e. tolerances, calibrations, specifications);•Such

**.~.·** · · ·equivalencywould exist ifthe following two conditions are met: (A) Parts installed (whether the parts are new. used, or rebuilt) are such that a person familiar with the design and function of engines would reasonably believe that the parts perform the same function with respectto emission control as the original parts: and (B) Any parameter adjustment ordesignelement change is made only in.· .•..•

· ....• accordance with the original engine manufacturer's instructions or where·data· orother reasonable technical basis exists that such parameter adjustment or
·· designelement change, when performedon the. rebuilt engine, is not•;::_c:;':

**2~;: ·~?~:::;:c_:.•c;~.::;.:.·~-** 

expected to adversely affect in-use emissions. (2) The technical demonstration must be signed and stamped by a licensed

. professional mechanical engineer. (e) Beginning [120 days after amendmenteffective date], engine rebuilders shall provide a registration information documentwith the rebuilt engine that includes:.

. ...

... (1) All ofthe TRU orTRU gen set engine information needed to register in ARBER. ·-·---·· pursuantto subparagraph 2477.5(e)(1)(A)7 exceptthat engine family may be omitted for rebuilt engines. This information must be the same as the information on the rebuilt engine's re-label and supplemental emissions label that is attached

. to the engine. The registration information document would include a certification statement bythe engine rebuilder, or third party installer stating thatthe engine information provided is exactlythe same as listed on the engine emissions label. (2) A separate section ofthe registration information document shall include entrv spaces for all ofthe TRU or TRU gen set unit information that is required to register the unit in ARBER pursuantto subparagraphs 2477.5(e)(1)(A)4 and 5.
63

### :· 

## ..., f-

...

**:--~·;.'**

**r----~--** ..····· i. 

### r-·•-•••C:•'

:- <"'> 1. 1 .• 

### '· I •• The registration information documentwould include a certification statement. with a signature space for the third partv installer, stating that the unit information provided is exactly the same as listed on the unit label. NOTE: Authority cited: sections 39600. 39601. 39618. 39658. 39659 39666. 39667. 39674, 39675. 42400. 42400.1. 42400.2 42400.3.5 42402.42402.2.42410 43013.43018. California Health and Safety Code. Reference: sections 39618. 39650 39658 39659.39666. 39667.39674 39675.42400 42400.1.42400.2. 42400.3.5, 42402.42402.2. 42410 40717.9.43013. and 43018. (2) Faeility MaAitariAg, ReeardkeepiAg, aAd RepartiAg. fA}2477.17 Facility Reporting. 

### {AJ.@l All facilities subjectto this subsection shall submit a Facility Report to ARB by January 31, 2006, containing the following information, as of December 31, 2005:



## 4-oillContact information forthe facility's responsible official. 

## billProvide all North American Industrial Classification System codes (NAICS) applicable to the facility. ;h.@l The number of loadingdockdoors serving refrigerated storage space. 

### *.-@ The number ofsquare feet ofrefrigerated storage space. ;- &.-@ The number ofTRUs orTRU gen sets underfacility control by model year··· and horsepower category.

··-

**~.@TI'l<:;n_ulllber**of refrigeratE'ld

**tr!lc:~?.J[<:~ilers,** shippjng

**conte~iners;** orr.ailcars:- .·.

**~,.,.,** 

### ·.._,, leased or rented-.····

**···:·;,.:~:.c**... ,

**--~_:**.. -1":':'.'"-
...**:<•·;:,::~-.-,_._._,_-_** ..._ -·

**·------~--** ..----·- ....... . ___ ,_ .. ---···- .. ::: .....:·:

_______**~-.-:**....•.....

- - . __ .. _____

**-~-•·•~<** L::- •

**.:-;:~fif!J. JI1~Jote~l·e~nnl1<ti.TRLJ**  "'nginE'l()P"'.rq,ting h()_L[rs for

__aiiTRU,s 

### orTJ3.l,J.gen(_

## •:•il-- "-'l'lzc>;_ sets underfacility control during 2005 (e.g. total TRU engine operating time forboth on-road and off-roadoperations). 

### g,.@)_ The averageweekly number ofinbound refrigerated trucks, trailers, shipping containers, and rail_cC1r?.c!elivering goodsto thefacility during
... 

## 40Qei,

**~<':ll.f:!llated** by dividing 1be

**e~n11l1altotal** inbo.upd refrigerated l()ads
.. by 52. 9-,ill)_ The average weekly number ofoutbound refrigerated trucks, trailers, shipping containers and railcars delivering goods from the facility during 2005, calculated by dividing the annual total outbound refrigerated loads by 52. 

### 4-G,.UQl The average total number of hours perweek that outbound TRU or TRU gen set engines operate while atthe facility during 2005. Average
64TRU or TRU gen set engine operating time at facility for outbound refrigerated loads may be used ifthe result is representative ofthe outbound TRU orTRU gen set operations at facilities, as determined by the Executive Officer. Average values would be determined for outbound loads based on recordkeeping, conducted in accordance with subparagraph (f)(2)(B)2., and applied to the total annual number of refrigerated outbound loads, and then weekly averages calculated as follows: Average TRU or TRU gen set engine operating time per outbound refrigerated load multiplied bythe total annual number of
·outbound loads, divided by 52 weeks equals the average total number of

hours perweek that outbound TRU orTRU gen set engines operate while atthe facility. 

### 44-c@ The average total number of hours perweek that inbound TRU or TRU gen set engines operate while at the facility during 2005. Average
' ·TRU or TRU gen set engine operating time at facility for inbound

refrigerated loads may be used ifthe result is representative ofthe inbound TRU orTRU gen set operations at facilities, as determined by the Executive Officer. Average values would be determined for inbound loads based on recordkeeping, conducted in accordance with subparagraph (f)(2)(8)2., and applied to the total annual number of .-.. ·-··[

refrigeratedinbound loads, and then weekly.averages calculatedas; ,,.;

**,,··~.-** ..·· follows: Average TRU orTRU gen set engine operating time perinbound· refrigerated load multiplied bythe total annual number of inbound loads, divided by 52 weeks equals the average total number of hours perweek that inbound TRU orTRU gen set engines operate while atthe facility.



## ·4-:hl1Zl·
..Thenumberofrefrigerated trailers (as defined)thatareusecj

**e~t** the ·' facility forcold storage, the total annual number of hours ofTRU engine··· · · .._,., ..•

## ,.,c·q
·.··....operation associated with

**theserefrigere~ted** trailers, andthetotal annual. •.• • ...·· number.othours ofoperatioo using electric standby.associatedwiththese,; ·• ·· refrigerated trailers. 

## tstilll Recordkeeping.



## 4-,ill Recordkeeping that substantiates theinformation reported in the Facility

. Report shall be maintained andsha.ll be compiled and madeavailableto

State inspectors upon request for a minimum ofthree (3) years. ·

**~ill** The Executive Officermay approve alternative recordkeeping and calculation procedures for determining the average weekly hours ofTRU engine operation at afacility for inbound and outbound refrigerated loads, provided the Executive Officerfinds thatthe alternative procedures meet the intent of subparagraph (f)(2)section 2477.17.

65fGt.{£}_Facility Report Submittals. Facility Reports shall be submitted by one of the following methods: 

## -hill Mail or deliver a physical reportto ARB atthe address listed immediately below: CALifORNIA/\IR RESOURCES BOARD STATIONARY SOURCE DIVISION (TRU) P.O. BOX 2815 SACRAMENTO, C/\ 95812 California Air Resources Board Stationarv Source Division (TRU) P.O. Box 2815 Sacramento, CA 95812 

### I j 

## 6-ffi Electronically submit through ARB's web site. The ·.veb address will be identified in an advisory. by email to: tru@arb.ca.gov 

### {Qt@ Failure to f'Report orsSubmittal offf.alse i!nformation. Failure to

.report or submittal offalse information is a separate violation of state law subjectto civil penaltythis rule.

i

. ·> ;NOTE: Authority cited: sections 39600, 39601, 39618 39658, 39659; 39666, 39667, 39674, 39675 42400,.42400,1,
.., ·" Ji.·''·" :.) .42400.2, 42400.3.5,42402 42402.2, 42410, 43013, 43018,California Health.and Safety Code

. .Reference:. sectiori's. ,-_, .• .. ....... . ..

1

, 39618 39650 39658 39659.39666 39667 39674 39675 42400 42400.1 42400.2 42400.3.5, 42402.42402.2. ' 42410, 40717.9, 43013. and 43018. · 

### ®2477.18 Prohibitions.

..

**~** ' . fB.(ill Except as allowed under section 2477.14(b), Nno person 'Nho is en§aged in ·this ·.:·oc.·<'''" ·· ... ··• State in the business of selling-to-an ultimate purchaser, or renting or leasing ·· ·..··· · 1 no'# orused TRUsorTRU gen sets, including;bljtnot limited .to; .manufacturers,• ''''''"''; .: ··:·:· ;i distributors, af\€1-dealers, auctioneers, and motorcarriers shall intentionally or negligently import, deliver, purchase, receive, or otherwise acquire a newor used TRU orTRU gen set engine that does not meetthe performance requirements or alternatives setforth in section 2477.5(€0.£!)(41above.

**~.(Q}** Except as allowed under section 2477.14(b), Nno person ·.vho isongaged in !lli?..

. --·-· State in the business ofselling to an ultimate purchaser new or used TRU or TRU gon set engines, including, but not limited to, manufacturers, distributors, 

### an€1dealers, auctioneers, and motor carriers shall sell, or offerto sell, to an ultimate purchaserwho is a resident ofthis State or a person that could reasonably be expected to do business in this State a new or used TRU or TRU gen set engine that does not meetthe performance requirements or alternatives

. setforth in section 2477.5(e£!)fB above.

66' ' ;

**~-~** . . (1) If a noncompliantTRU or TRU gen set is sold to a person who is a resident outside this State. then the bill ofsale shall disclose to the buverthat the TRU or TRU gen set is not compliant for use in California and the TRU orTRU gen set must meetthe in-use performance standards of section 2477.5 before operating in the State. and ifthe TRU is based in the State. then it must be registered in ARBER. The following statement must be included in the bill of sale ofany noncompliant TRU orTRU gen set: "This TRU does not currently meet California's in-use performance standards undertitle 13, California Code of Regulations, section 2477.5, and is therefore not compliantfor use in California." (2) No owner of a TRU that is equipped with an Alternative Technology under · section 2477.5(a)(3) (e.g. hybrid electric or electric standby) shall sell the TRU orTRU gen set. without disclosing in writing that it must be used in a way that qualifies it as an Alternative Technology in accordance with section 2477.5(a)(3) in order to be compliant. tJj.(QLNo person who is engaged in this State in the

**bt~siness** of renting or leasing ne'N or

**t~sed** TRU orTRU gen set engines, including, but not limited to, manufacturers, distributors, afl€1--dealers, and carriers shall lease, offerto lease,

. rent, or offer to rent, in this state any new or used TRU orTRU gen set engine that does not meet the performance requirements or alternatives set forth in section 2477.5(eg}f-B above::
......... '<•
.

. . 

## f4t.(Ql Operators ofaffected facilities and operators of affected TRUs and TRU gen sets are prohibited from taking action to divert affected TRUs to alternative staging areas in orderto circumvent the requirements ofthis section. NOTE: Authority cited: sections 39600. 39601. 39618 39658. 39659. 39666. 39667. 39674 39675 42400. 42400.1 .;;.";;·:
...•.:c•.. 42400.2 42400.3.5. 42402.42402.2.42410.43013,43018. California Health and Safety Code: Refere·n·ce: sections .••....• 39618 391350.39658.39659.39666.39667.39674.39675.42400.42400.1.42400.2 42400.3.5. 42402.42402.2.
. 42410 '40717.9 43013 and 43018. · ··· · •
::·e. .;··. tfl12477.19 Penalties. f-B@AII persons, as defined in section 19 ofthe Health and Safety Code, found to be in· violation oftitle 13, CCR, section§ 2477 through 2477.18 may be cited and subject to the penalty provisions setforth inHealth andSafety Code sections 39674;
. 39675, 42400 et seq., 42402 et seq., and 42410. Where a violation involves multiple TRUs. TRU gen sets. orTRU engines, there is a separate violation for each such unit. (b) Failure to keep records. report. or submittal offalse information is a violation of this rule subjectto penalty. NOTE: Authority cited: sections 39600, 39601, 39618, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3.5, 42402,42402.2,42410,43013,43018, California Health and Safety Code. Reference: sections

67., .-, 39618, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1' 42400.2, 42400.3.5, 42402, 42402.2, 42410,40717.9,43013, and 43018. 

### 2477.20 Authority to RequestAdditional Information. The Executive Officer may request that additional information be submitted as part of the review ofany extension application, exemption, or other action that delays or defers a compliance date or action. NOTE: Authority cited: sections 39600, 39601, 39618, 39658, 39659, 39666, 39667 39674, 39675, 42400, 42400.1, 42400.2, 42400.3.5, 42402,42402.2,42410,43013,43018 California Health and Safety Code. Reference: sections 39618,39650 39658,39659,39666,39667,39674,39675 42400,42400.1,42400.2 42400.3.5, 42402,42402.2, 42410, 40717.9, 43013, and 43018.


### 2477.21 Severability. Ifany subsection, paragraph, subparagraph, sentence, clause, phrase, or portion ofthis regulation is. for any reason, held invalid. unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate. distinct, and .independent provision, and such holding shall not affect the validity ofthe remaining portions ofthe regulation. NOTE: Authority cited: sections 39600, 39601 39618, 39658, 39659, 39666, 39667, 39674, 39675, 42400 42400.1, •· ·· 42400.2, 42400.3.5.'42402 42402.2. 42410";43013; 48018, California Health and Safety Code

..Referehce:•·:sectidris.:•:

.. c;: ::

..... ·39618, 39650, 39658, 39659, 39666, 39667 39674, 39675, 42400 42400 1. 42400.2, 42400.3.5, 42402 42402.2:
. 42410,40717.9 43013, and 43018
.

'·-

**-·~··** ._... -

68 " -.' .