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 2477.4 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of
				  this TRU Regulation, the following definitions apply:
"Alternative Diesel Fuel" means any fuel used in diesel
					 engines that is not commonly or commercially known, sold or represented as No.
					 1-D or No. 2-D, pursuant to the specification for Diesel Fuel Oils D975-81, and
					 does not require engine or fuel system modifications for the engine to operate,
					 although minor modifications (e.g., recalibration of the engine fuel control)
					 may enhance performance. Examples of alternative diesel fuels include, but are
					 not limited to, biodiesel, Fischer Tropsch fuels, and emulsions of water in
					 diesel fuel. Natural gas is not an alternative diesel fuel. An emission control
					 strategy using a fuel additive will be treated as an alternative diesel fuel
					 based strategy unless:
(1) The
				  additive is supplied to the vehicle or engine fuel by an on-board dosing
				  mechanism, or
(2) The additive is
				  directly mixed into the base fuel inside the fuel tank of the vehicle or
				  engine, or
(3) The additive and
				  base fuel are not mixed until vehicle or engine fueling commences, and no more
				  additive plus base fuel combination is mixed than required for a single fueling
				  of a single engine or vehicle.
"Alternative Fuel" means natural gas, propane, ethanol,
					 methanol, or advanced technologies that do not rely on diesel fuel, except as a
					 pilot ignition source at an average ratio of less than 1 part diesel fuel to 10
					 parts total fuel on an energy equivalent basis. Alternative fuels also mean any
					 of these fuels used in combination with each other or in combination with other
					 non-diesel fuels. Alternative-fueled engines shall not have the capability of
					 idling or operating solely on diesel fuel at any time.
"Alternative-Fueled Engine" means an engine that is fueled
					 with a fuel meeting the definition of alternative fuel.
"Applicable Facility" is any of the following facilities if
					 one or more TRUs operate within the facility fence line or legal property
					 boundary:
(1) A Refrigerated Warehouse
				  or Distribution Center, with a building size greater than or equal to 20,000
				  square feet; or
(2) A Grocery
				  Store, with a building size greater than or equal to 15,000 square feet;
				  or
(3) A Seaport Facility;
				  or
(4) An Intermodal Railyard.
"Applicable Facility Operator" means any person who leases,
					 operates, controls, or supervises an applicable facility. An applicable
					 facility may have more than one applicable facility operator.
"Applicable Facility Owner" means the person legally
					 holding title (or its equivalent) to an applicable facility. An applicable
					 facility may have more than one applicable facility owner. An applicable
					 facility owner who leases or rents the applicable facility to another party may
					 delegate the responsibilities in this TRU Regulation to the applicable facility
					 operator (e.g., the lessee). The applicable facility owner shall notify CARB
					 and the applicable facility operator in writing of this delegation.
"Applicable Facility Owner/Operator" means a requirement
					 applies to the owner or operator of an applicable facility, as determined by
					 agreement or contract between the parties if the two are separate business
					 entities.
"B100 Biodiesel Fuel" means 100% biodiesel fuel derived
					 from vegetable oil or animal fat and complying with American Society for
					 Testing Materials (ASTM) D 6751-02 and commonly or commercially known, sold, or
					 represented as "neat" biodiesel or B100. B100 biodiesel fuel is an alternative
					 diesel fuel.
"B100 Biodiesel-Fueled" (compression-ignition engine) means
					 a compression-ignition engine that is fueled by B100 biodiesel fuel.
"Broker" means a person, other than a motor carrier or an
					 employee or agent of a motor carrier, that as a principal or agent sells,
					 offers for sale, negotiates for, or holds itself out by solicitation,
					 advertisement, or otherwise as selling, providing, or arranging for,
					 transportation by motor carrier for compensation.
"Business" means an entity organized for profit including,
					 but not limited to, an individual, sole proprietorship, partnership, limited
					 liability partnership, corporation, limited liability company, joint venture,
					 association or cooperative; or solely for purposes of the Prompt Payment Act
					 (Government Code 927 et seq.), a duly authorized nonprofit corporation.
"California" means the State of California and does not
					 include Indian Country in California under Indian or federal
					 jurisdiction.
"California-Based TRUs and TRU Gen Sets" means TRUs and TRU
					 gen sets equipped on trucks, trailers, shipping containers, or railcars that a
					 reasonable person would find to be regularly assigned to terminals within
					 California.
"CARB" means the California Air Resources Board.
"CARB Diesel Fuel" means any diesel fuel that is commonly
					 or commercially known, sold, or represented as diesel fuel No. 1-D or No. 2-D,
					 pursuant to the specification for Diesel Fuel Oils D975-81 and meets the
					 specifications defined in
13 CCR 2281,
					 13 CCR 2282, and
					 13 CCR
					 2284.
"CARB Online System" means a CARB online system that TRU
					 and applicable facility owners or owner/operators shall report information to
					 for the purposes of this TRU Regulation. The CARB online system may be found
					 at:
https://arber.arb.ca.gov
.
"Carbon Monoxide (CO)" means a colorless, odorless gas
					 resulting from the incomplete combustion of hydrocarbon fuels.
"Carrier" means "motor carrier".
"Certification" means the obtaining of an Executive Order
					 for a new off-road compression-ignition engine family that complies with the
					 off-road compression-ignition emission standards and requirements specified in
					 title 13 California Code of Regulations, section
					 2423. A "certified engine" is an
					 engine that belongs to an engine family that has received a certification
					 Executive Order.
"Certification Data" means the CARB 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, and particulate matter
					 includes, as a minimum, torque, engine speed, weighting factor, power, mass
					 emission rate (grams per hour), and certification test fuel.
"Class I Railroad" is a railroad that is defined as Class I
					 by the Surface Transportation Board, which is incorporated by reference in
					 Title 49 of the Code of Federal Regulations (CFR) Part 1201 (April 5,
					 2021).
"Compression Ignition (CI) Engine" means an internal
					 combustion engine with operating characteristics significantly similar to the
					 theoretical diesel combustion cycle. The regulation of power by controlling
					 fuel supply in lieu of a throttle is indicative of a compression ignition
					 engine.
"Consignee" (see receiver).
"Consignor" (see shipper).
"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 over
					 the coil. The cryogenic system uses a vapor motor to 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 of a vapor
					 motor and heating and defrost needs may be met by using electric heaters or
					 vehicle engine coolant.
"Delegation" means entrusting by contract another party to
					 act on the owner's behalf without forfeiture of any rights or property.
"Deterioration Factor (DF)" means a factor that is applied
					 to the certification emission test data to represent emissions at the end of
					 the useful life of the engine. Separate DFs apply to each measured pollutant,
					 except that a combined NMHC+NOx DF applies to engines that do not use
					 aftertreatment devices. Decreasing emissions over time would not be allowed to
					 offset increasing emissions of the other pollutant in this combined DF.
"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 of
					 the elements carbon and hydrogen - that is sold or represented as suitable for
					 use in an internal combustion, compression-ignition engine.
"Diesel-Fueled" means fueled by diesel fuel or CARB diesel
					 fuel in whole or in part, except as allowed for a pilot ignition source under
					 the definition for "alternative fuel".
"Diesel Oxidation Catalyst (DOC)" means the use of a
					 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 exhaust flow have been catalyzed to reduce emissions
					 of the organic fraction of diesel particulates, gas-phase hydrocarbons, and
					 carbon monoxide.
"Diesel Particulate Filter (DPF)" means an emission control
					 technology that reduces PM emissions by trapping the particles in a flow filter
					 substrate. Periodically the collected particles are either physically removed
					 or oxidized (burned off) in a process called regeneration.
"Diesel Particulate Matter" means the particles found in
					 the exhaust of diesel-fueled CI engines. Diesel PM may agglomerate and adsorb
					 other species to form structures of complex physical and chemical
					 properties.
"Dispatch" means to coordinate delivery, pickup, and
					 drop-off schedules of vehicles; and monitor the delivery of freight from these
					 vehicles.
"Dispatched driver" means the driver of a truck or
					 tractor-trailer combination that has been dispatched by a motor carrier,
					 freight broker or forwarder, shipper, or receiver.
"Driver" means a person who physically operates a truck or
					 tractor. Drivers may also be an owner or an operator. Drivers are not railroad
					 engineers.
"Dual-Fuel Engine" means an engine designed to operate on a
					 combination of alternative 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 combustion chamber or fumigate the
					 gaseous fuel with the intake air and inject the liquid fuel into the combustion
					 chamber.
"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, or flexibility engine when
					 the engine does not meet, at the time of manufacture, the most stringent
					 emission tier standard for a new engine in effect for the horsepower rating of
					 the 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 that the prior-tier emission standard was in effect. Table 1 lists
					 the tier standards that apply to TRUs and TRU gen sets and the corresponding
					 effective model years.
Table 1 Effective Model Year
Prior-Tier Emissions Standard
Tier Standard Effective Years
Effective Model Year
Tier 1, 25-50 Hp (trailer)
1999-2003
2003
Tier 1, under 25 Hp (truck)
2000-2004
2004
Tier 2, 25-50 Hp (trailer)
2004-2007
2007
Tier 2, under 25 Hp (truck)
2005-2007
2007
Tier 4i, 25-50 hp (trailer)
2008-2012
20121
1 Effective model year applies
					 for this tier only after Tier 4f becomes effective in 2013 for 25 to less than
					 50 hp engines.
"Electric-Standby-Equipped TRU" means a TRU that is
					 equipped with an integral diesel-fueled internal combustion engine and
					 electric-powered motor and the refrigeration system may be driven by either the
					 diesel-fueled internal combustion engine or the integral electric
					 motor.
"Electronic Tracking System" means a system that meets the
					 following criteria:
(1) The tracking
				  device shall 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.
(2) The
				  tracking device shall be capable of determining if the TRU or TRU gen set
				  location is within California and determining the TRU engine run time in
				  California for each day.
(3) The
				  tracking records shall be collected by an independent entity with no business
				  relationship to the owner or operator of the TRU or TRU gen set being tracked,
				  other than to provide the tracking service. The data shall be stored on a
				  server that is secure from tampering and inaccessible to the TRU or TRU gen set
				  owner or operator, other than to download reports over the Internet. An
				  inspector shall have free access to download reports from this website over the
				  Internet that show the TRU or TRU gen set engine operation in California for
				  each day.
"Emergency" means any of the following times:
(1) A failure or loss of normal power service
				  that is not part of an "interruptible service contract."
(2) A failure of a facility's internal power
				  distribution system, provided the failure is beyond the reasonable control of
				  the operator.
(3) When an affected
				  facility is placed under an involuntary "rotating outage."
(4) When the President of the United States
				  or the Governor of the State of California declares a state of emergency
				  related to any type of disaster where TRU-equipped trucks or trailers provide
				  foodservice to incident responders, including but not limited to, forest fires
				  and earthquakes.
(5) When the
				  National Interagency Fire Center dispatches mobile catering service businesses
				  with TRU-equipped trucks or trailers to provide foodservice to incident
				  responders located in California.
(6) When the Executive Officer has determined
				  that an emergency event arising from sudden and reasonably unforeseen natural
				  disaster such as earthquake, flood, fire, or other unforeseen events that
				  threaten public health and safety has occurred that requires the immediate
				  temporary operation TRUs or TRU gen sets.
"Emissions Control Group" has the same meaning as defined
					 in title 13 CCR, section
					 13 CCR,
					 section 2701
"Emission Control Strategy" means any device, system, or
					 strategy employed with a diesel-fueled CI 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 of the
					 above.
"Emissions Rate" means the weight of a pollutant emitted
					 per unit of time (e.g., grams per second).
"Executive Officer" means the Executive Officer of the
					 California Air Resources Board or his or her delegate.
"Fischer-Tropsch Diesel Fuel" See "ultra-low-aromatic
					 synthetic diesel fuel".
"Fleet" means one or more TRUs or TRU gen sets, owned by a
					 person, business, military installation, or government agency operating in
					 California and subject to this TRU Regulation. A fleet does not include TRUs
					 that do not operate in California.
"Freight Broker" means "broker", as defined
					 herein.
"Freight Forwarder" means a person holding itself out to
					 the general public (other than as a pipeline, rail, motor, or water carrier) to
					 provide transportation of property for compensation and in the ordinary course
					 of its business does the following:
(1) Assembles and consolidates, or provides
				  for assembling and consolidating, shipments and performs or provides for
				  break-bulk and distribution operations of the shipments;
(2) Assumes responsibility for the
				  transportation from the place of receipt to the place of destination;
				  and
(3) Uses for any part of the
				  transportation a motor carrier or rail carrier.
"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 of the following effects:
					 decreased emissions, improved fuel economy, increased performance of the
					 engine; or assists diesel emission control strategies in decreasing emissions,
					 or improving fuel economy or increasing performance of the engine.
"Generator Set (gen set)" means a CI engine coupled to a
					 generator used as a source of electricity.
"Global Warming Potential (GWP)" means the 100-year GWP
					 value first published by the Intergovernmental Panel on Climate Change (IPCC)
					 in its Fourth Assessment Working Group 1 Report (AR4) (IPCC, 2007, Forster, P.,
					 V. Ramaswamy, P. Artaxo, T. Berntsen, R. Betts, D.W. Fahey, J. Haywood, J.
					 Lean, D.C. Lowe, G. Myhre, J. Nganga, R. Prinn, G. Raga, M. Schulz and R. Van
					 Dorland, 2007: Changes in Atmospheric Constituents and in Radiative Forcing.
					 In: Climate Change 2007: The Physical Science Basis. Contribution of Working
					 Group I to the Fourth Assessment Report of the Intergovernmental Panel on
					 Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B.
					 Averyt, M.Tignor and H.L. Miller (eds.)]. Cambridge University Press,
					 Cambridge, United Kingdom and New York, NY, USA.), incorporated by reference
					 herein; and if not contained in AR4, then the GWP Value means the 100-year GWP
					 value published by the IPCC in its Fifth Assessment Working Group 1 Report
					 (AR5) (IPCC, 2013, Myhre, G., D. Shindell, F.-M. BrÃ©on, W.
					 Collins, J. Fuglestvedt, J. Huang, D. Koch, J.-F. Lamarque, D. Lee, B. Mendoza,
					 T. Nakajima, A. Robock, G. Stephens, T. Takemura and H. Zhang, 2013:
					 Anthropogenic and Natural Radiative Forcing. In: Climate Change 2013: The
					 Physical Science Basis. Contribution of Working Group I to the Fifth Assessment
					 Report of the Intergovernmental Panel on Climate Change [Stocker, T.F., D. Qin,
					 G.-K. Plattner, M. Tignor, S.K. Allen, J. Boschung, A. Nauels, Y. Xia, V. Bex
					 and P.M. Midgley (eds.)]. Cambridge University Press, Cambridge, United Kingdom
					 and New York, NY, USA.), incorporated by reference herein.
"Grocery Store" means a retail facility that sells food
					 products. This includes, but is not limited to establishments commonly known as
					 supermarkets, food stores, grocery stores, food warehouses, and any other food
					 merchandising stores.
"Highway" has the same meaning as defined in California
					 Vehicle Code section
					 360.
"Hybrid Cryogenic Temperature Control System" means a
					 temperature control system that uses a cryogenic temperature control system in
					 conjunction with a conventional TRU.
"Hybrid electric TRU" means a TRU that is powered by an
					 integral diesel-fueled internal combustion engine coupled to an electric
					 generator that provides electric power to an electric motor-driven
					 refrigeration system and fans within the same housing and is designed to
					 control the environment of temperature sensitive products that are transported
					 in trucks and refrigerated trailers. Hybrid electric TRUs may be capable of
					 both cooling and heating.
"Intermodal Facility" means a facility involved in the
					 movement of goods in one and the same loading unit or vehicle which uses
					 successively several modes of transport without handling of the goods
					 themselves in changing modes. Such a facility is typically involved in the
					 transfer of refrigerated shipping containers and trailers to and from railcars,
					 trucks, and ocean-going ships.
"Intermodal Railyard" means an intermodal facility owned or
					 operated by a Class I Railroad.
"Interruptible Service Contract" means any arrangement in
					 which a nonresidential electrical customer agrees to reduce or consider
					 reducing its electrical consumption during periods of peak demand or at the
					 request of the System Operator in exchange for compensation, or assurances not
					 to be blacked out or other similar non-monetary assurances.
"In-Use TRU, TRU gen set, or engine" means a TRU, TRU gen
					 set, or engine that is not a "new" TRU, TRU gen set, or engine.
"Manufacturer" means a business as defined in Government
					 Code §
												14837(c).
"Military Installation" has the same meaning as defined in
					 title 10 United States Code
					 §
													2801(c)(4).
"Military tactical support equipment (TSE)" means equipment
					 or vehicles that meet military specifications, are owned or operated by the
					 U.S. Department of Defense or the U.S. military services, and are used in
					 combat, combat support, combat service support, tactical or relief operations,
					 or training for such operations.
"Model Year (MY)" means the following:
(1) The designation used for engines
				  manufactured to meet the emissions tier standard in effect for new engines at
				  time of manufacture (see alternative designation, "effective model year",
				  defined above); and
(2) The
				  diesel-fueled engine manufacturer's annual production period, which includes
				  January 1st of a calendar year, or if the manufacturer has no annual production
				  period, the calendar year.
"Motor Carrier" means a person providing motor vehicle
					 transportation for compensation.
"New TRU, TRU Gen Set, or Engine" means any TRU, TRU gen
					 set, or engine that has never been subject to a retail sale or lease to an
					 "ultimate purchaser."
"Nitrogen Oxide (NOx)" means compounds of nitric oxide
					 (NO), nitrogen dioxide (NO2), and other oxides of
					 nitrogen. Nitrogen oxides are typically created during combustion processes and
					 are major contributors to smog formation and acid deposition.
"Non-California-Based TRUs and TRU Gen Sets" means TRUs and
					 TRU gen sets that are equipped on or used in trucks, trailers, shipping
					 containers, or railcars that a reasonable person would find to be regularly
					 assigned to terminals outside of California and operate in California from time
					 to time for the purpose of transporting perishable goods into or out of the
					 state.
"Non-methane Hydrocarbons (NMHC)" means the sum of all
					 hydrocarbon air pollutants except methane. NMHCs are precursors to ozone
					 formation.
"Non-operational" means one of the following:
(1) Any TRU that is removed or separated from
				  the truck, trailer, shipping container, or railcar on which it was originally
				  mounted. This does not include TRU gen sets that are not attached to a shipping
				  container or trailer chassis.
(2)
				  Any trailer TRU housing that remains attached to a trailer, but the fuel tank
				  and battery have been removed and a label with the word "NONOPERATIONAL" has
				  been affixed or attached to the housing in letters that contrast sharply with
				  the color of the TRU housing and may be seen from 50 feet during daylight hours
				  when the vehicle is stationary.
(3)
				  Any truck TRU housing that remains attached to a truck, but the positive and
				  negative battery cables, fuel supply and return lines, and condensate drain
				  line have been removed so that there are no visible ancillary connections to
				  the TRU housing and a label with the word "NONOPERATIONAL" has been affixed or
				  attached to the housing in letters that contrast sharply with the color of the
				  TRU housing and may be seen from 50 feet during daylight hours when the vehicle
				  is stationary.
(4) Any TRU that has
				  no engine or fuel injection system installed, making the engine incapable of
				  being started and a label with the word "NONOPERATIONAL" has been affixed or
				  attached to the housing in letters that contrast sharply with the color of the
				  TRU housing and may be seen from 50 feet during daylight hours when the vehicle
				  is stationary.
(5) TRU gen sets
				  that have been quarantined in a designated area that is separated from
				  compliant TRU gen sets by a cordon or barrier with signs that read
				  "NONCOMPLIANT -- DO NOT OPERATE IN CALIFORNIA". Bright red tags shall be
				  affixed to the TRU gen set control panel at all 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.
"Nonretail Delivery or Pick-up Point" means wholesale
					 perishable goods distribution facilities or businesses in the supply chain
					 prior to retail facilities or businesses. This includes, but is not limited to,
					 food manufacturing facilities, shipper warehouses, transfer points,
					 distribution centers, cold storage warehouses, and intermodal facilities where
					 perishable goods are loaded or unloaded.
"Operate" means to start, cause to function, program the
					 temperature controller, select an operating program or otherwise control, fuel,
					 monitor to assure proper operation, 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.
"Operator" means any person, party or entity that operates
					 a TRU or TRU gen set for the purposes of transporting perishable goods,
					 excluding an employee driver and third party maintenance and repair service,
					 and including but not limited to a manufacturer, producer, supplier, carrier,
					 shipper, consignor, consignee, receiver, distribution center, or warehouse of
					 perishable goods. An operator may also be the driver if it is also the owner
					 (e.g., independent owner-operator).
"Original equipment manufacturer (OEM)" means any person
					 that originally manufactured new equipment for sale in commerce. This does not
					 include a dealer who receives new equipment for sale in
					 commerce.
"Owner" means, except as modified by paragraphs (1), (2) or
					 (3) below, the person legally holding title (or its equivalent) to the TRU or
					 TRU gen set, or either the person registered as the owner or lessee of a
					 vehicle by the California Department of Motor Vehicles or its equivalent in
					 another state, province, or country, as evidenced on the vehicle registration
					 document carried in the vehicle to which the TRU is attached. An owner may also
					 be a driver or operator.
(1) Banks,
				  other financial lending institutions, or other entities engaged in the act of
				  financing TRUs are not owners, for the purposes of this subarticle unless they
				  otherwise have an obligation to comply with this TRU Regulation (e.g.,
				  contractually responsible for the maintenance of a TRU under a sales or lease
				  agreement).
(2) For a TRU-equipped
				  truck or trailer, or TRU 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 of the United States, including the United
				  States Postal Service, to which the vehicles in the fleet are assigned or which
				  have responsibility for maintenance of the vehicles.
(3) For a TRU-equipped truck or trailer, or
				  TRU gen set that is rented or leased:
(A) The
				  owner shall be presumed to be the rental or leasing entity for purposes of
				  compliance with section
				  2477.5, if:
1. The rental or lease agreement is for a
				  period of less than one year; or
2.
				  The rental or lease agreement is for a period of one year or longer, unless the
				  terms of the rental or lease agreement or other equally reliable evidence
				  identifies the party responsible for compliance with State laws that apply to
				  TRUs to be the renting operator or lessee.
"Owner/Operator" means a requirement applies to the owner
					 or operator of a TRU or TRU gen set, as determined by agreement or contract
					 between the parties if the two are separate business entities.
"Particulate Matter (PM)" means the particles found in the
					 exhaust of CI engines, which may agglomerate and adsorb other species to form
					 structures of complex physical and chemical properties.
"Person" means an individual, corporation, business trust,
					 estate, trust, partnership, limited liability company, association, joint
					 venture, government, governmental subdivision, agency, or instrumentality,
					 public corporation, or any other legal or commercial entity.
"Prior-Tier Replacement Engine" means a new replacement
					 engine manufactured under title
					 40 CFR, section
					 89.1003 and
					 1068.240, and title 13 CCR,
					 section 13 CCR, section
					 2423(j), as those sections
					 existed on August 31, 2012, that meets a prior tier of the new engine emissions
					 standards than the tier of standards currently in effect at the time of
					 manufacture.
"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 of the general
					 system of rail transportation.
"Railcar TRU" means a TRU designed to control the
					 environment of temperature sensitive products in a railcar.
"Rated Brake Horsepower" means the power delivered,
					 according to the statement of the engine manufacturer, at the rated
					 speed.
"Receiver" means the person that receives shipped goods,
					 cargo, or commodities.
"Refrigerated Trailer" means a trailer van, railcar, or
					 shipping container equipped with a TRU or TRU gen set. Pursuant to Health and
					 Safety Code section
					 39618,
					 refrigerated trailers are mobile sources and shall be regulated by CARB on a
					 statewide basis.
"Refrigerated Warehouse or Distribution Center (WHDC)"
					 means a facility with cold storage used for the reception and storage of
					 products. This includes but is not limited to cold storage warehouses, packing
					 houses, cross-dock facilities, and 3rd Party Logistic centers.
"Retail Delivery 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, grocery stores, convenience
					 stores, drug stores, restaurants, and prison or school cafeterias.
"Rotating Outage" means a controlled involuntary
					 curtailment of electrical power service to consumers as ordered by the system
					 operator.
"Seaport Facility" means any non-military independent
					 marine terminal or operational seaport where the seaport functions as a marine
					 terminal operator.
"Semitrailer" means a "Semitrailer" as defined in section
					 550 of the
					 California Vehicle Code.
"Shipper" means the person, party, or entity who usually
					 owns or supplies the commodities transported by a carrier, or that has
					 possession of freight prior to its transportation. This may include, but is not
					 limited to, food manufacturers, processers, packing plants, temporary cold
					 storage facilities, and distribution centers.
"Square Footage" means for properties owned and operated by
					 one business entity, the total square footage of all buildings on that
					 property, as calculated from the building floor plan(s) or blueprint(s)
					 archived by the local permitting agency or records office. For businesses
					 leasing all or part of a building, the square footage shall be the usable area,
					 as specified in the lease agreement.
"System Operator" means one of the several organizations
					 that control energy in California. System operators include, but are not
					 limited to, the California Independent System Operator, the Los Angeles
					 Department of Water and Power, the Imperial Irrigation District, the Sacramento
					 Municipal Utility District.
"Terminal" means any place where a TRU or TRU gen set
					 equipped truck, trailer, shipping container, railcar or TRU gen set is
					 regularly garaged, maintained, operated, or dispatched from, including a
					 dispatch office, cross-dock facility, maintenance shop, business, or private
					 residence.
"Third Party Agreement Confirmation Information" means the
					 information used to notify CARB that responsibility for reporting a TRU or TRU
					 gen set to CARB has been delegated to the lessee or to a consultant.
"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 of Air Pollution from Nonroad Diesel
					 Engines and Fuel; Final Rule" (Vol. 69, No. 124 Fed. Reg. pp. 38957-39273 (June
					 29, 2004).
"Trailer" means a semitrailer.
"Trailer TRU" means a TRU that is mounted on or in a
					 trailer or domestic shipping container (DSC) that can be attached and detached
					 to a tractor, commonly referenced together as a "tractor-trailer."
"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 may be capable of both cooling and
					 heating.
"Truck TRU" means a TRU that is mounted on or in a truck
					 cargo box that is permanently attached to a truck, in contrast to a detachable
					 trailer.
"TRU Generator Set (TRU gen set)" means a generator set
					 that is designed and used to provide electric power to electrically driven
					 refrigeration units of any kind. This includes, but is not limited to gen sets
					 that provide electricity to electrically powered refrigeration systems for
					 semi-trailer vans and shipping containers.
"Ultimate Purchaser" means with respect to a new TRU, TRU
					 gen set, or engine, the first person who in good faith purchases a new TRU, TRU
					 gen set, or engine for purposes other than resale.
"Ultra-Low-Aromatic Synthetic Diesel Fuel" means fuel
					 produced from natural gas, coal, or biomass by the Fischer-Tropsch
					 gas-to-liquid chemical conversion process, or similar process that meets the
					 following properties:
Table 2
Property
ASTM
Value
Sulfur Content
							 (ppmw)
D5453-93
<1
Total Aromatic Content (wt
							 %)
D5186-96
<1.5%
Polynuclear Aromatic Cotent (wt
							 %)
D5186-96
<0.5%
Natural Cetane
							 Number
D613-84
>74
"Ultra-Low Emission TRU (ULETRU or U)" means a TRU or TRU
					 gen set that meets the performance standards described under subparagraphs
					 2477.5(c)(1) and 2477.5(c)(2) or that uses an "alternative technology" in
					 accordance with subparagraph 2477.5(c)(3).
"Vehicle Owner" means the person registered as the owner or
					 lessee of a vehicle by the California Department of Motor Vehicles or its
					 equivalent in another state, province, or as evidenced on the vehicle
					 registration document carried in the vehicle to which the TRU is attached. For
					 example, the owner of the truck or tractor pulling a TRU equipped trailer or
					 container.
"Verification Classification Level" means the
					 classification assigned to a Diesel Emission Control Strategy by the Executive
					 Officer as defined in the
Verification Procedure, Warranty and In-Use
					 Compliance Requirements for In-Use Strategies to Control Emission from Diesel
					 Engines (13 CCR Sections
					 2700-2710).
PM reductions correspond
					 as follows: Level 1: >=25%; Level 2: >=50%; Level 3: >=85% or 0.01
					 g/hp-hr.
"Verified Diesel Emission Control Strategy" (VDECS) means
					 an emission control strategy designed primarily for the reduction of diesel
					 particulate matter emissions that has been verified per the
Verification Procedure, Warranty and In-Use Compliance Requirements for
					 In-Use Strategies to Control Emissions from Diesel Engines (13 CCR Sections
					 2700-2710).
Examples of diesel
					 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 of the above.
"Zero-Emission Fueling Infrastructure" means a fueling
					 system that provides the appropriate fuel type to power a ZE truck TRU (e.g.,
					 electric charging infrastructure or cryogenic fueling tank and
					 dispenser).
"Zero-Emission Truck TRU" (ZE truck TRU) means a truck
					 refrigeration system whose operation results in zero exhaust emissions of any
					 criteria pollutant (or precursor pollutant) or GHG under any possible
					 operational modes or conditions. The ZE truck TRU may draw power from the truck
					 or stored energy source that is recharged by the truck only if the truck
					 produces zero exhaust emissions while operating. The stored energy source may
					 not be recharged by a CI engine coupled to a generator as a source of
					 electricity. Weight of the stored energy source does not alone qualify as "a
					 decrease in fuel efficiency." For example, a ZE truck TRU on a diesel-powered
					 truck may draw power from a battery that in turn is charged by a solar cell so
					 long as the ZE truck TRU does not also draw power from the truck's internal
					 combustion engine.