reglab/statecodes huggingface dataset:
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 7 - Certification Procedures for Aftermarket Parts for off-Road Vehicles, Engines, Equipment › Section 2476 - Enforcement Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When this
				  section is invoked pursuant to other sections of this article, the executive
				  officer may issue a cease and desist order and may require the person to submit
				  a plan for correcting any deficiencies found by the state board. The executive
				  officer may order any of the actions contained in the plan, and/or may declare
				  a part to be not in compliance with VC Sections
				  27156,
				  38391 or CCR, Title 13, Section
				  2472 unless he/she finds the plan
				  adequate to correct the deficiencies found by the state board. The plan may be
				  required to include such corrective actions as the cessation of sale of
				  noncomplying parts, the recall of any noncomplying parts already sold, and
				  corrective advertising to correct misleading information regarding the emission
				  control capabilities of the device and to ensure compliance with California's
				  laws. The executive officer may also seek fines for violations of VC Sections
				  27156,
				  38391 or CCR, Title 13, Section
				  2472, or other laws or
				  regulations, as applicable.
(b)
				  When this section is invoked by the executive officer on either his/her own
				  initiative or in response to complaints received, an investigation may be made
				  by the executive officer or his/her representative to gather evidence regarding
				  continuing violations of this article by any person engaged in the business of
				  advertising, offering for sale, selling, or installing an add-on or modified
				  part.
(c) Any person against whom
				  enforcement action (other than the filing of an action in court) is initiated
				  pursuant to this section may request a public hearing to review the enforcement
				  action.
(d) Nothing in this article
				  shall prohibit the executive officer from taking any other action provided for
				  by law, including the prosecution of an action in court.
1. New
					 section filed 8-29-2000; operative 9-28-2000 (Register 2000, No.
					 35).
Note: Authority cited: Sections
						39515,
						39516,
						39600,
						39601,
						43013
						and
						43018,
						Health and Safety Code. Reference: Sections
						39002,
						39003,
						43000,
						43000.5,
						43013,
						43017
						and
						43018,
						Health and Safety Code; and Sections
						27156,
						38391 and
						38395,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › 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

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Sections
					 2477 through
					 2477.24 shall be known as the
					 Transport Refrigeration Unit Regulation, or TRU Regulation.
1. New
					 article 8 (section
					 2477) and section filed
					 11-10-2004; operative 12-10-2004 (Register 2004, No. 46).
2. New
					 subsections (b)(4), (d)(26) and (d)(34), subsection renumbering, amendment of
					 newly designated subsection (d)(45), new subsections (d)(45)(A)-(B), amendment
					 of newly designated subsection (d)(68) and subsections (e)(1)(A)1.,
					 (e)(1)(A)2., (e)(1)(B), (e)(1)(B)1.b., (e)(1)(B)2.b., new subsections
					 (e)(1)(B)3.a.-b., subsection renumbering, amendment of newly designated
					 subsection (b)(1)(B)4., new subsections (b)(1)(B)4.a.-(b)(1)(4)(B)5.c.II.iv.
					 and (f)(3)-(f)(3)(C) and amendment of NOTE filed 3-7-2011; operative 3-7-2011
					 pursuant to Government Code Section
					 11343.4
					 (Register 2011, No. 10).
3. Renumbering of subsections (a)-(e), (g)
					 and (h), including their subdivisions, to new sections
					 2477.1,
					 2477.2,
					 2477.3,
					 2477.4,
					 2477.5,
					 2477.18 and
					 2477.19, respectively; renumbering
					 of subsection (f)(1) and its subdivisions to new section
					 2477.6, renumbering of subsection
					 (f)(2) and its subdivisions to new subsection
					 2477.17 and renumbering of
					 subsection (f)(3) and its subdivisions to new section
					 2477.13(b) and
					 its subdivisions filed 10-15-2012; operative 10-15-2012 pursuant to Government
					 Code section
					 11343.4
					 (Register 2012, No. 42).
4. New section and amendment of NOTE filed
					 7-18-2022; operative 10-1-2022 (Register 2022, No.
					 29).
Note: Authority cited: Sections
						38597,
						39600,
						39601,
						39618,
						39658,
						39659,
						39666,
						39667,
						39674,
						39675,
						42400,
						42400.1,
						42400.2,
						42400.3.5,
						42402,
						42402.2,
						42410,
						43013,
						43018
						and
						43019.1,
						Health and Safety Code. Reference: Sections
						38597,
						39618,
						39650,
						39658,
						39659,
						39666,
						39667,
						39674,
						39675,
						42400,
						42400.1,
						42400.2,
						42400.3.5,
						42402,
						42402.2,
						42410,
						43013,
						43018
						and
						43019.1,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.1 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Diesel particulate matter (PM) was identified in 1998 as a
					 toxic air contaminant. This TRU Regulation implements provisions of the Diesel
					 Risk Reduction Plan, adopted by the California Air Resources Board in October
					 2000, as mandated by the Health and Safety Code Sections
					 39650-
					 39675,
					 to reduce emissions of substances that have been determined to be toxic air
					 contaminants. Specifically, this TRU Regulation uses a phased approach to
					 reduce diesel PM, oxides of nitrogen (NOx), and greenhouse gas (GHG) emissions
					 from 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.
1.
					 Renumbering and amendment of section
					 2477(a) and its
					 subdivisions to new section
					 2477.1 filed 10-15-2012; operative
					 10-15-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 42).
2. Amendment of section and NOTE filed
					 7-18-2022; operative 10-1-2022 (Register 2022, No.
					 29).
Note: Authority cited: Sections
						39600,
						39601,
						39618,
						39658,
						39659,
						39666,
						39667,
						43013,
						43018
						and
						43019.1,
						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,
						43013,
						43018
						and
						43019.1,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.3 - Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This TRU
				  Regulation does not apply to military tactical support equipment.
(b) Non-operational TRUs or TRU gen sets are
				  exempt, except that the 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.
(c)
				  Transport refrigeration systems that are not driven by an integral diesel
				  internal combustion engine are exempt from the requirements of this subarticle,
				  except for units used to comply with the ZE truck TRU requirements in section
				  2477.5(b).
				  Examples of exempt equipment include, but are not limited to:
(1) Transport refrigeration systems that are
				  driven by gasoline-fueled internal combustion engines;
(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.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.5 - Requirements for Owners or Owner/Operators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Refrigerant Requirements. The term TRU as
				  used in this subsection (a) refers only to truck TRUs, ZE truck TRUs, trailer
				  TRUs, and DSC TRUs. Railcar TRUs and TRU gen sets are exempt from the
				  requirements of this subsection (a).
Beginning December 31, 2022, no owner or owner/operator
					 shall operate or cause to be operated in California, a TRU with a manufacture
					 date after December 31, 2022, unless the
(1) TRU uses a refrigerant with a GWP value
				  less than or equal to 2,200, or uses no refrigerant at all.
(2) Beginning December 31, 2022, no owner or
				  owner/operator shall operate or cause to be operated in California, a TRU with
				  a manufacture date after December 31, 2022, with an unreadable or inadequately
				  maintained TRU OEM supplied refrigerant label.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.6 - Requirements for Vehicle Owners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Beginning December 31, 2022, a vehicle owner shall not operate or cause to be
				  operated in California, a TRU-equipped truck or tractor-trailer equipped with a
				  TRU or TRU gen set, unless the TRU or TRU gen set complies with sections
				  2477.5(a), (b), (c), and
				  (d).
(b) Beginning December 31, 2022, a vehicle
				  owner of a TRU-equipped truck or tractor-trailer equipped with a TRU or TRU gen
				  set shall, upon request by CARB enforcement personnel, provide the following:
(1) Driver's license
(2) Truck or tractor registration
(3) Trailer registration
(4) Bill of lading or freight bill with
				  origin and destination of freight being transported, the consignor (shipper)
				  and consignee (receiver);
(5) The
				  company name and contact information of the carrier that dispatched the driver;
				  and
(6) The company name and
				  contact information of the business entity (e.g., shipper, freight broker,
				  freight forwarder, or receiver) that arranged, hired, or contracted for the
				  transport of the perishable goods being hauled, subject to the requirements in
				  sections 2477.8,
				  2477.9,
				  2477.10, and
				  2477.11.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.7 - Requirements for Drivers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  driver shall not operate a TRU-equipped truck or tractor-trailer equipped with
				  a TRU or TRU gen set on a California highway unless the TRU or TRU gen set
				  complies with sections
				  2477.5(a), (b), (c), and
				  (d).
(b) A driver shall, upon request by CARB
				  enforcement personnel, provide the following:
(1) Driver's license;
(2) Truck or tractor registration;
(3) Trailer registration;
(4) Bill of lading or freight bill with
				  origin and destination of freight being transported, the consignor (shipper)
				  and consignee (receiver);
(5) The
				  company name and contact information of the carrier that dispatched the driver;
				  and
(6) The company name and
				  contact information of the business entity (e.g., shipper, freight broker,
				  freight forwarder, or receiver) that arranged, hired, or contracted for the
				  transport of the perishable goods being hauled, subject to the requirements in
				  sections 2477.8,
				  2477.9,
				  2477.10, and
				  2477.11.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.8 - Requirements for Freight Brokers and Freight Forwarders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Freight brokers and freight forwarders
				  that arrange, hire, contract for, 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 shall:
(1) Require the carriers they hire or
				  contract with for transport of perishable goods, to only dispatch TRU-equipped
				  trucks, trailers, shipping containers, and railcars or TRU gen sets that comply
				  with sections
				  2477.5(a), (b), (c), and
				  (d), if they 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 or freight forwarder's business name;
(B) Freight broker's or freight forwarder's
				  street address, state, zip code;
(C) Freight broker's or freight forwarder's
				  contact person's name; and
(D)
				  Freight broker or freight forwarder contact person's business phone
				  number.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.9 - Requirements for Motor Carriers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Beginning January 1, 2013, motor carriers that dispatch TRU-equipped trucks,
				  trailers, or shipping containers equipped with a TRU or TRU gen set that travel
				  on a highway within California shall:
(1) Only
				  dispatch TRUs or TRU gen sets that comply with section
				  2477.5.
(2) Provide the following information to a
				  dispatched driver who will be traveling on a highway within 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 driver with the
				  business name, address, contact person, and phone number of the business entity
				  (e.g., freight broker, freight forwarder, shipper or receiver) that arranged,
				  hired, contracted for, or dispatched the transport of the perishable goods
				  being hauled.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.10 - Requirements for Shippers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  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 shall:
(1) Dispatch TRUs or TRU gen sets that comply
				  with sections
				  2477.5(a), (b), (c), and
				  (d) if they 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 sections
				  2477.5(a), (b), (c), and
				  (d) if they travel on California highways or
				  railways; and
(3) Provide the
				  following information to the carrier or a dispatched driver who will be
				  traveling on a highway within California:
(A)
				  Shipper's business name and address;
(B) Receiver's business name and
				  address;
(C) Freight broker or
				  forwarder business name and address (if any); and
(D) Contact person's name, and phone number
				  at the shipper, broker, or receiver with knowledge of the transport
				  arrangements.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.11 - Requirements for Receivers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Receivers 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 shall:
(1) Dispatch TRUs or TRU gen sets that comply
				  with sections
				  2477.5(a), (b), (c), and
				  (d) if they 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 sections
				  2477.5(a), (b), (c), and
				  (d) if they travel on California highways or
				  railways; and
(3) Provide the
				  following information to the carrier or a dispatched driver who will be
				  traveling on a highway within California:
(A)
				  Shipper's business name, address;
(B) Receiver's business name,
				  address;
(C) Freight broker or
				  forwarder business name and address (if any); and
(D) Contact person's name, and phone number
				  at the shipper, broker, or receiver with knowledge of the transport
				  arrangements.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.12 - Requirements for Lessors and Lessees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Lessors shall be subject to all of the
				  following:
(1) The lessor is responsible for
				  the 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 responsibilities under section
				  2477.5, if the following
				  conditions are met:
1. The lease contract
				  shall show clear delegation of the TRU requirements to the lessee;
2. The lessor shall submit third party
				  agreement confirmation information as required under section
				  2477.20(k) for
				  leased units to CARB at least 10 days prior to the lessee reporting the TRU or
				  TRU gen set to CARB.
3. The lessor
				  shall notify the lessee in writing of this
				  delegation.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.13 - Requirements for TRU, TRU Gen Set, and ZE Truck TRU Original Equipment Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Beginning December 31, 2022, TRU OEMs shall not manufacture for sale or use in
				  California, a truck TRU, ZE truck TRU, trailer TRU, or DSC TRU, unless that TRU
				  uses a refrigerant with a GWP value less than or equal to 2,200, or uses no
				  refrigerant at all.
(1) The TRU shall include
				  a refrigerant label that is readily visible and legible, and include the
				  following statement, or its equivalent: "THIS UNIT CONTAINS REFRIGERANT WITH A
				  GWP LESS THAN OR EQUAL TO 2,200 AND IS COMPLIANT FOR USE IN THE STATE OF
				  CALIFORNIA."
(A) Readily visible to the
				  average person means that a label is readable from a distance of 46 centimeters
				  (18 inches) without any obstructions from the TRU or engine parts, except for
				  flexible parts that may be moved out of the way without
				  disconnection.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.14 - Requirements for TRU, TRU Gen Set, and TRU-Equipped Truck and Trailer Dealers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Dealers
				  that sell or install TRUs, TRU gen sets, ZE truck TRUs, or replacement engines
				  in California shall:
(1) Pass the registration
				  information document provided by the TRU or TRU gen set OEM (under section
				  2477.13) or print-out from the
				  OEM's web-based look-up system (under section
				  2477.13(e)(2)(D)
				  or 2477.13(e)(3)(D))
				  to the ultimate purchaser upon sale of a new TRU, TRU gen set, or ZE truck TRU
				  that includes the TRU, TRU gen set, or ZE truck TRU unit information and the
				  TRU engine information required for registration under section
				  2477.5(g).
(2) Pass the registration information
				  document provided by the TRU or TRU gen set OEM under (section
				  2477.13) or print-out from the
				  OEM's web-based look-up system (under section
				  2477.13(e)(2)(D)
				  or 2477.13(e)(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(g).
(3) If an engine is not supplied by a TRU
				  OEM, the dealer shall provide a registration information document that lists
				  all of the TRU or TRU gen set engine information needed to report to CARB under
				  section 2477.20(f)(7).
				  This information shall be exactly the same as the information on the engine
				  emissions label that is attached to the engine. The registration information
				  document shall include a certification statement by the dealer stating that the
				  engine information provided is exactly the same as listed on the engine
				  emissions label.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.15 - Requirements for Repair Shops Located in California that Work on TRUs or TRU Gen Sets

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Repair
				  shops located in California that sell or install new or rebuilt replacement
				  engines into TRUs or TRU 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 of a new or rebuilt replacement engine that includes the engine
				  information needed to report to CARB, as listed in section
				  2477.20(f)(7).
(2) Beginning February 12, 2013, if an engine
				  is not supplied by a TRU OEM, the installer shall provide a registration
				  information document that lists all of the TRU or TRU gen set engine
				  information needed to report to CARB, as listed in section
				  2477.20(f)(7).
(A) This information shall be exactly the
				  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 exactly
				  the same as listed on the engine emissions label.
(3) Beginning February 12, 2013, provide the
				  unit information on the registration information document that is needed to
				  report the unit to CARB for TRU or TRU gen set that the new or rebuilt
				  replacement engine is installed into. The unit information that is required is
				  listed in section
				  2477.20(f)(4).
(A) The repair shop responsible official
				  shall provide a certification statement on the registration information
				  document stating that the unit information provided is exactly the same as
				  listed on the unit label.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.16 - Requirements for Engine Rebuilders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a TRU engine is being rebuilt to
				  remain in compliance with the in-use standards of section
				  2477.5(c), it
				  must be rebuilt in accordance with the
				  40 CFR, sections
				  89.130 and
				  1068.120, and
				  13 CCR, section
				  2423 (
l
), as
				  these sections existed 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) of the engine that is being used as the
				  reference for the rebuilt engine.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.17 - Requirements for Applicable Facility Owners or Applicable Facility Owner/Operators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Facility Registration. On or before December 31, 2023, applicable facility
				  owners or applicable facility owner/operators shall register their facility by
				  reporting the following information to CARB:
(1) Company Information
(A) Company/business name, address, and
				  contact information for the responsible official (e.g., title, phone number,
				  email address).
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.18 - Prohibitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  allowed under section
				  2477.14(b), no
				  person, including, but not limited to, manufacturers, distributors, dealers,
				  auctioneers, and motor carriers shall intentionally or negligently import,
				  deliver, purchase, receive, or otherwise acquire a new or used TRU or TRU gen
				  set engine that does not meet the requirements or alternatives set forth in
				  sections 2477.5(a), (b), (c), and
				  (d) above.
(b) Except as allowed under section
				  2477.14(b), no
				  person in this State, including, but not limited to, manufacturers,
				  distributors, dealers, auctioneers, and motor carriers shall sell, or offer to
				  sell, to an ultimate purchaser who is a resident of this 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 meet the requirements or alternatives set
				  forth in sections
				  2477.5(a), (b), (c), and
				  (d) above.
(1) If a noncompliant TRU or TRU gen set is
				  sold to a person who is a resident outside this State, then the bill of sale
				  shall disclose to the buyer that the TRU or TRU gen set is not compliant for
				  use in California and the TRU or TRU gen set shall meet the requirements of
				  section 2477.5 before operating in the
				  State, and must be reported to CARB. The following statement shall be included
				  in the bill of sale of any noncompliant TRU or TRU gen set: "This TRU does not
				  currently meet California's requirements under title 13, California Code of
				  Regulations, section
				  2477.5, and is therefore not
				  compliant for use in California."
(2) No owner of a TRU that is equipped with
				  an Alternative Technology under section
				  2477.5(c)(3)
				  (e.g., hybrid electric or electric standby) shall sell the TRU or TRU gen set,
				  without disclosing in writing that it shall be used in a way that qualifies it
				  as an Alternative Technology in accordance with section
				  2477.5(c)(3) in
				  order to be compliant.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.19 - Non-Compliance and Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Failure to submit any information, report, or statement accurately and
				  correctly as required by this TRU Regulation, or submitting any false statement
				  or representation in any application, report, statement, or other document
				  filed, maintained, or used for the purposes of compliance with this TRU
				  Regulation is a violation of this TRU Regulation.
(b) Any person or entity who fails to comply
				  with the requirements of this TRU Regulation may be cited and is subject to the
				  penalty provisions set forth in Health and Safety Code sections
				  39674,
				  39675,
				  42400
				  et seq.,
				  42402
				  et seq., and
				  42410.
(c) For purposes of enforcement, if a TRU or
				  TRU gen set is cited for non-compliance with this TRU Regulation and neither
				  the owner nor the operator can produce evidence of the party responsible for
				  compliance with State laws, then the owner of the TRU or TRU gen set in
				  violation shall be liable for any non-compliance.
(d) For purposes of enforcement, if an
				  applicable facility is cited for non-compliance with this TRU Regulation and
				  neither the owner nor the operator can produce evidence of the party
				  responsible for compliance with State laws, then the owner of the applicable
				  facility in violation shall be liable for any non-compliance.
(e) Failure to keep records, failure to
				  report, and submittal of false information are each separate violations of this
				  TRU Regulation subject to penalty.
1.
					 Renumbering and amendment of section
					 2477(h) and its
					 subdivisions to new section
					 2477.19 filed 10-15-2012;
					 operative 10-15-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 42).
2. Amendment of section heading, section
					 and NOTE filed 7-18-2022; operative 10-1-2022 (Register 2022, No.
					 29).
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
						and
						43019.1,
						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,
						43013,
						43018
						and
						43019.1,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.20 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Reporting
				  Method. Submission of information to CARB required under this TRU Regulation,
				  including registration, reporting, and submission of applications, shall be by
				  one of the following methods:
(1) Mail or
				  deliver to CARB at the address listed immediately below:
CALIFORNIA AIR RESOURCES BOARD
TRANSPORTATION AND TOXICS DIVISION (TRU)
P.O. BOX 2815
SACRAMENTO, CA 95812
(2) Electronically submit by email to:
				  arber@arb.ca.gov; or
(3)
				  Electronically submit through CARB's online system.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.21 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) TRU Operating
				  Fees. The term TRU as used in this subsection (a) refers to TRUs and TRU gen
				  sets, as well as ZE truck TRUs used to comply with section
				  2477.5(b).
(1) Beginning December 31, 2023, the
				  Executive Officer shall assess and collect fees from owners or owner/operators
				  of TRUs that operate in California to recover the costs to the Executive
				  Officer administering the TRU ATCM.
(2) Fees shall be due and payable to the
				  Executive Officer upon reporting a TRU in accordance with section
				  2477.5 (g) and
				  every three (3) years from the date the TRU was originally reported to
				  CARB.
(3) A TRU owner or
				  owner/operator shall submit fees to the Executive Officer in accordance with
				  the fee schedule in Table 5.
Table 5: TRU Operating Fee Schedule
Fee Type
Fee Amount (Per TRU)
TRU Operating Fee, paid once every three years
$45
Zero-Emission TRU Operating Fee, paid once every three
							 years
$23
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.22 - Relationship to Other Law

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this section allows TRUs or TRU gen sets to
					 operate in violation of other applicable law, including, but not limited
					 to:
(a) California Vehicle
				  Code.
(b) California Health and
				  Safety Code.
(c) Any applicable
				  ordinance, rule, or requirement as stringent as, or more stringent than, the
				  requirements of this TRU Regulation.
1. New
					 section filed 7-18-2022; operative 10-1-2022 (Register 2022, No.
					 29).
Note: Authority cited: Sections
						39600,
						39601,
						39618,
						39658,
						39659,
						39666,
						39667,
						43013,
						43018
						and
						43019.1,
						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,
						43013,
						43018
						and
						43019.1,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.23 - Authority to Request Additional Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Officer may request that additional
					 information be submitted as part of the review of any extension application,
					 exemption, or other action that delays or defers a compliance date or
					 action.
1.
					 Renumbering of former section
					 2477.20 to new section
					 2477.23, including amendment of
					 section and NOTE, filed 7-18-2022; operative 10-1-2022 (Register 2022, No.
					 29).
Note: Authority cited: Sections
						39600,
						39601,
						39618,
						39658,
						39659,
						39666,
						39667,
						43013,
						43018
						and
						43019.1,
						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,
						43013,
						43018
						and
						43019.1,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2477.24 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any subsection, paragraph, subparagraph, sentence,
					 clause, phrase, or portion of this TRU 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 of the
					 remaining portions of the regulation.
1.
					 Renumbering of former section
					 2477.21 to new section
					 2477.24, including amendment of
					 NOTE, filed 7-18-2022; operative 10-1-2022 (Register 2022, No.
					 29).
Note: Authority cited: Sections
						38597,
						39600,
						39601,
						39618,
						39658,
						39659,
						39666,
						39667,
						43013,
						43018
						and
						43019.1,
						Health and Safety Code. Reference: Sections
						38597,
						39618,
						39650,
						39658,
						39659,
						39666,
						39667,
						39674,
						39675,
						42400,
						42400.1,
						42400.2,
						42400.3.5,
						42402,
						42402.2,
						42410,
						43013,
						43018
						and
						43019.1,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2478 - In-Use Locomotive Regulation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Sections
					 2478 through
					 2478.17 are the "In-Use Locomotive
					 Regulation" or "Locomotive Regulation."
Note: Authority cited: Sections
						39600,
						39601,
						39658,
						39659,
						39666,
						43013
						and
						43018,
						Health and Safety Code. Reference: Sections
						39650,
						39659,
						41511,
						43013
						and
						43018,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2478.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This Locomotive Regulation applies to any Locomotive Operator that Operates a
				  Locomotive in the State of California.
(b) A Locomotive Operator may, through
				  execution of a legally binding agreement between the Locomotive Operator and
				  the Locomotive Owner, delegate one or more requirements of this Locomotive
				  Regulation to the Locomotive Owner. In the event of the delegation of one or
				  more requirements of this Locomotive Regulation, those delegated requirements
				  would apply to the Locomotive Owner and be enforceable against the Locomotive
				  Owner in addition to the Locomotive Operator.
(c) This Locomotive Regulation applies to
				  Operators of any of the following types of Locomotives Operated in the State of
				  California:
(1) Freight Line Haul
				  Locomotives;
(2) Switch
				  Locomotives;
(3) Industrial
				  Locomotives;
(4) Passenger
				  Locomotives; and
(5) Historic
				  Locomotives.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2478.2 - Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Locomotive Regulation does not apply to:
(a) Locomotives propelled by engines with a
				  total Rated Power of less than 1,006 horsepower (hp). For Locomotives propelled
				  by two or more engines, the total Rated Power is the sum of the Rated Power of
				  each engine.
(b) Locomotives owned
				  by an accredited college, technical institute, or university used for "hands-on
				  experience" certification required for mechanics and Locomotive engineers. The
				  Locomotive cannot be used for any other purposes, such as to haul freight or
				  passengers.
(c) Military
				  Locomotives.
Note: Authority cited: Sections
						38560,
						39600,
						39601,
						39658,
						39659,
						39666,
						43013
						and
						43018,
						Health and Safety Code. Reference: Sections
						39650,
						39659,
						41511,
						43013
						and
						43018,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2478.4 - Spending Account

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) By
				  July 1, 2026, each Locomotive Operator not exempted from this section shall
				  establish a Spending Account to be held in the name of the Responsible
				  Official. Locomotive Operators may elect to use an Alternative Compliance Plan
				  or the Alternative Fleet Milestone Option instead of direct compliance with the
				  requirements in this section, in which case they instead shall follow the
				  requirements in section
				  2478.7 or section
				  2478.8, respectively.
(1) A Locomotive Operator with a sufficient
				  sum of ZE and Spending Account Deposit credits to offset their entire Spending
				  Account Funding Requirement is exempt from the requirement in subsection (a) to
				  establish a Spending Account until such time as their Spending Account Funding
				  Requirement exceeds their available credits.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2478.5 - In-Use Operational Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
California In-Use Locomotive Operational Requirement.
Beginning January 1, 2030, all Locomotives not exempted from this section with
				  an Original Engine Build Date prior to January 1, 2007, shall not Operate in
				  California. Upon each subsequent January 1 after 2030, any Locomotive that is
				  23 years or older, based on the Original Engine Build Date, shall not Operate
				  in California.
(1) If the Locomotive is
				  Remanufactured or Repowered to a Cleaner Locomotive prior to January 1, 2030,
				  the Original Engine Build Date will be based on the first year the Locomotive
				  Engine was Remanufactured or Repowered to a Cleaner Locomotive.
(2) A Locomotive may continue to Operate in
				  California beyond the age specified in subsection (a) if at least one of the
				  following applies:
(A) The Locomotive has not
				  exceeded a total of (rated hp) x (20.25) MWh of Operation since its Original
				  Engine Build Date; or
(B) The
				  Locomotive is Operated in a ZE Configuration at all times while in California;
				  or
(C) At the time of operation,
				  the Locomotive meets or exceeds the cleanest U.S. EPA Locomotive exhaust
				  emissions standard and the Locomotive is not subject to the requirements of the
				  below subsections (b) or (c).
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2478.6 - Compliance Extensions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Temporary Operating Extension
(1) Prior to
				  planned Operation of a Locomotive that would be prohibited from Operation in
				  California under this Locomotive Regulation, a Locomotive Operator may submit
				  an application to the Executive Officer to temporarily Operate the Locomotive
				  in California. The Operator shall submit the application to the Executive
				  Officer at least seven business days prior to the temporary Operation of the
				  Locomotive within California. The Executive Officer shall approve the
				  application provided that:
(A) The application
				  contains all of the information required in subsection (a)(3);
(B) The application is submitted as specified
				  in section
				  2478.15;
(C) The application demonstrates to the
				  satisfaction of the Executive Officer using Good Engineering Judgment that the
				  period of Operation specified in the application is no longer than necessary to
				  perform the task specified in subsection (a)(1)(D); and
(D) The application demonstrates to the
				  satisfaction of the Executive Officer using Good Engineering Judgment that the
				  purpose of the temporary Operation is to either:
1. Remove a Locomotive from California;
				  or
2. For
				  maintenance.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 8 - Off-Road Airborne Toxic Control Measures › Section 2478.7 - Alternative Compliance Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Locomotive Operator may apply to the Executive Officer to use an Alternative
				  Compliance Plan (ACP). An approved ACP shall replace the requirements of
				  section 2478.4, section
				  2478.5, or both, for the duration
				  of the ACP. An approved ACP shall be valid for a Five-Year Verification Period,
				  subject to subsection (i), and shall apply to the Locomotive Operator's entire
				  Locomotive fleet Operating in California.
(b) The ACP shall reduce PM, NOx, and GHG
				  emissions in California in amounts equivalent to or greater than the reductions
				  that would have been achieved during the Five-Year Verification Period by the
				  Locomotive Operator directly complying with the requirements set forth in
				  section 2478.4, section
				  2478.5, or both (as applicable),
				  using the assumptions listed below.
(1) All
				  ACPs shall assume:
(A) Annual Locomotive
				  Usage is calculated using the immediately preceding Calendar Year's data,
				  and
(B) The annual activity
				  estimated in subsection (b)(1)(A) is multiplied by five, representing the
				  number of years in the Five-Year Verification Period. If the Five-Year
				  Verification Period is less than five years, use the pro-rated number of
				  years.