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 2478.3 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  For the purposes of sections
				  2478 through
				  2478.17, the following definitions
				  apply:
"Automatic Engine Stop/Start (AESS)" means the automatic
					 engine shut down/start up system that controls the engine by stopping or
					 starting it without Operator action described in Code of Federal Regulations,
					 title 40, section
					 1033.115(g)
					 (March 27, 2023), herein incorporated by reference.
"Calendar Year" means the period beginning on January 1
					 through December 31 of a single year. If not otherwise specified, "year" as
					 used in this Locomotive Regulation refers to Calendar Year.
"California Air Resources Board (CARB)" means the agency of
					 the State of California established and empowered to regulate sources of air
					 emissions.
"Cleaner Locomotive" means any Locomotive or Locomotive
					 Engine with exhaust emission levels that are equal to or less than Tier
					 4.
"Compliant Equipment" means Cleaner Locomotives, ZE
					 Locomotives, ZE Capable Locomotives, ZE Rail Equipment, components necessary to
					 convert existing fleet Locomotives to Cleaner Locomotives, ZE Locomotives, or
					 ZE Capable Locomotives, and supporting infrastructure.
"Disadvantaged Communities (DAC)" are census tracts or
					 applicable tribal data designated by the California Environmental Protection
					 Agency for the purposes of Senate Bill 535 (Health and Safety Code section
					 39711)
					 using the most current version of CalEnviroScreen by the Office of
					 Environmental Health Hazard Assessment (OEHHA).
"Enforceable Emission Reductions" means emission reductions
					 for which CARB has authority to hold a particular party or parties liable and
					 to take enforcement action if the emission reductions expected are not
					 achieved.
"Engine Tier" means the Locomotive Engine emission level as
					 defined by the United States Environmental Protection Agency (U.S. EPA) in Code
					 of Federal Regulations, title 40, section
					 1033.101 (March 27, 2023), herein
					 incorporated by reference, and specifically the tier names set forth in the
					 accompanying Table 1 and Table 2 for that section.
"Executive Officer" means the Executive Officer of CARB, or
					 their designee.
"Fair Market Value" means the amount of money that property
					 would sell for if offered for sale in the open market where the buyer and the
					 seller have access to the same information.
"Five-Year Verification Period" means the span of time an
					 Alternative Compliance Plan may be implemented. The Five-Year Verification
					 Period commences on the start date stated in the Executive Order approving the
					 Alternative Compliance Plan and ends five years later, unless an earlier end
					 date is specified in the Executive Order.
"Freight Line Haul Locomotive" means a Locomotive that does
					 not meet the definition of a Switch, Industrial, Historic, Passenger, or
					 Military Locomotive.
"Good Engineering Judgment" means judgments made consistent
					 with generally accepted scientific and engineering principles and all available
					 relevant information.
"g/bhp-hr" means gram per brake horsepower-hour.
"Greenhouse Gas (GHG)" means carbon dioxide, methane,
					 nitrogen trifluoride, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons,
					 perfluorocarbons, and other fluorinated greenhouse gases.
"Head End Power" means power used for passenger cabin
					 comforts such as heating and cooling.
"Historic Locomotive" means a Locomotive that is owned or
					 Operated by a Historic Railroad and meets all the following
					 requirements:
1. Does not haul
				  freight;
2. Is used solely for
				  education, preservation, or historical experience; and
3. The use of the Locomotive in its original
				  configuration is key to the educational, preservation, or historical
				  experience.
"Historic Railroad Fleet" means all applicable Historic
					 Locomotives used by a Historic Railroad Operating under a Historic Railroad
					 Low-Use Exemption throughout the reporting period.
"Historic Railroad" means any entity that has the primary
					 purpose of exhibiting or Operating one or more Historic Locomotives.
"Idling" means the Locomotive Engine is running while the
					 Locomotive is stationary.
"Industrial Locomotive" means a Locomotive Operated by an
					 Industrial Operator.
"Industrial Operator" means a Locomotive Operator that
					 Operates Locomotives to move their company products but doesn't provide rail
					 services to other companies or to passengers.
"Locomotive" means a self-propelled piece of on-track
					 equipment designed for moving or propelling Railcars that are designed to carry
					 freight, passengers, or other equipment, but which itself is not designed or
					 intended to carry freight, persons (other than those Operating the Locomotive),
					 or other equipment. This definition does not include on-track equipment
					 designed to also Operate on roads.
"Locomotive Engine" means an engine that propels or
					 provides power to propel a Locomotive.
"Locomotive Operator (Operator)" means the Person that is
					 responsible for Operating in California one or more Locomotives. A Locomotive
					 Owner, lessee, or rentee is a Locomotive Operator if they are responsible for
					 Operating in California one or more Locomotives.
"Locomotive Owner" means the Person that is identified as
					 the owner of the Locomotive by the records that demonstrate ownership for that
					 Locomotive. These records include: bill of sale, title of ownership, or record
					 of Surface Transportation Board filing of security agreement.
"Military Locomotive" means a Locomotive owned by the
					 United States government and Operated by a branch of the military.
"MWh" means the electrical energy unit of measure equal to
					 one million watts of power supplied to, or taken from, an electric circuit
					 steadily for one hour.
"MWh meter" or "MW-hr meter" means a device installed on a
					 Locomotive used to read and record the electrical work output of the
					 Locomotive, consistent with the requirements set forth in Code of Federal
					 Regulations, title 40, sections
					 1033.140(d) (July
					 7, 2008) and 1033.115(h) (March 27, 2023), herein incorporated by
					 reference.
"NOx Emission Factor (EF)" is the Locomotive Oxides of
					 Nitrogen (NOx) certification level as shown in the U.S. EPA Locomotive Engine
					 Certification Data.
"Operate" means to start, cause to function or otherwise
					 control, fuel, or keep in use. This definition is inclusive of the terms
					 "Operation," "Operated," "Operating," and "Operations."
"Original Engine Build Date" means the date of final
					 assembly of the Locomotive Engine, prior to any Remanufacture of the Locomotive
					 Engine. If the Locomotive is propelled by more than one Locomotive Engine, the
					 Original Engine Build Date shall be based on the oldest Locomotive
					 Engine.
"Oxides of Nitrogen (NOx)" means compounds of nitric oxide,
					 nitrogen dioxide, and other oxides of nitrogen. Nitrogen oxides are typically
					 created during combustion processes and are major contributors to smog
					 formation and acid deposition.
" Particulate Matter (PM)" means any airborne finely
					 divided material, except uncombined water, which exists as a liquid or solid at
					 standard conditions (e.g., dust, smoke, mist, fumes, or smog).
"Passenger Locomotive" means a Locomotive designed and
					 constructed for the primary purpose of propelling passenger Trains and
					 providing power to the passenger Railcars of the Train for such functions as
					 heating, lighting, and air conditioning as set forth in Code of Federal
					 Regulations, title 40, section
					 1033.901 (March 27, 2023), herein
					 incorporated by reference.
"Person" includes all of the following:
1. Any person, firm, association,
				  organization, partnership, business trust, corporation, limited liability
				  company, or company;
2. Any state
				  or local governmental agency or public district, or any officer or employee
				  thereof; and
3. The United States
				  or its agencies, to the extent permitted by federal law.
"PM Emission Factor (EF)" is the Locomotive Particulate
					 Matter (PM) certification level as shown in the U.S. EPA Locomotive Engine
					 Certification Data.
"Pre-Tier 0" means relating to Locomotives that do not
					 follow Tier 0 or higher emission standards under the Code of Federal
					 Regulations, title 40, section
					 1033.101 (March 27, 2023), herein
					 incorporated by reference.
"Quantifiable Emission Reductions" means reductions in
					 emissions measured and calculated in a reliable and replicable manner.
"Railcar" means a rail-mounted container also known as a
					 "car" designed to carry freight or passengers.
"Rated Power" has the meaning set forth in Code of Federal
					 Regulations, title 40, section
					 1033.140 (July 7, 2008), herein
					 incorporated by reference.
"Remanufacture" has the meaning set forth in Code of
					 Federal Regulations, title 40, section
					 1033.901 (March 27, 2023), herein
					 incorporated by reference.
"Repower" has the meaning set forth in Code of Federal
					 Regulations, title 40, section
					 1033.901 (March 27, 2023), herein
					 incorporated by reference.
"Responsible Official" means an individual with the
					 authority to certify that the Locomotive complies with the requirements of this
					 Locomotive Regulation.
"Spending Account" means a trust where all funds, including
					 any interest earned on those funds, remain in the possession and control of the
					 Locomotive Operator; are dedicated solely to compliance with the Spending
					 Account requirements; and are not comingled with any other funding
					 source.
"Spending Account Owner" means an individual with the
					 authority to access and control data and funds in the Spending Account.
"Switch Locomotive" or "Switcher" means a Locomotive that
					 is powered by an engine with a maximum Rated Power (or a combination of engines
					 having a total Rated Power) of 2,300 hp or less, as defined in Code of Federal
					 Regulations, title 40, section
					 1033.901 (March 27, 2023), herein
					 incorporated by reference, and that does not meet the definition of Industrial
					 or Passenger Locomotive.
"Tier 0" means relating to the Tier 0 emission standards,
					 as shown in Code of Federal Regulations, title 40, section
					 1033.101 (March 27, 2023), herein
					 incorporated by reference.
"Tier 1" means relating to the Tier 1 emission standards,
					 as shown in Code of Federal Regulations, title 40, section
					 1033.101 (March 27, 2023), herein
					 incorporated by reference.
"Tier 2" means relating to the Tier 2 emission standards,
					 as shown in Code of Federal Regulations, title 40, section
					 1033.101 (March 27, 2023), herein
					 incorporated by reference.
"Tier 3" means relating to the Tier 3 emission standards,
					 as shown in Code of Federal Regulations, title 40, section
					 1033.101 (March 27, 2023), herein
					 incorporated by reference.
"Tier 4" means relating to the Tier 4 emission standards,
					 as shown in Code of Federal Regulations, title 40, section
					 1033.101 (March 27, 2023), herein
					 incorporated by reference.
"Train" means the combination of Locomotive(s) pulling
					 freight or passenger Railcars, or non-Operational Locomotives.
"United States Environmental Protection Agency Locomotive
					 Engine Certification Data (U.S. EPA Locomotive ECD)" means the duty cycle
					 weighted emission test results after deterioration factor and all other
					 applicable adjustments have been applied, used by the U.S. EPA to certify the
					 Locomotive.
"Usage" means the total MWh a Locomotive was Operated in
					 California for the applicable Calendar Year. Usage shall be determined by
					 either:
1. Using a MWh meter;
				  or
2. Approximating MWhs for a
				  given Locomotive by using Table 1 and the following formula to convert annual
				  fuel consumption while operating in California to MWh:
Usage [MWhs]=Annual Fuel Consumption [gallons]xConversion
					 Factor [MWh/gallon]
Table 1: Fuel Consumption Conversion Table
Locomotive Type
Rated Horsepower
Conversion Factor
Freight Line Haul
>=4,000
0.0155 MWh/gallon
Freight Line Haul
2,301-3,999
0.0137 MWh/gallon
Switcher
[LESS THAN EQUAL TO]2,300
0.0113 MWh/gallon
Industrial
All
0.0113 MWh/gallon
Passenger
All
0.0155 MWh/gallon
"Verifiable Emission Reductions" means statements of
					 emission reductions that are accurate, truthfully documented, and transparent
					 such that one is able to objectively review and reproduce such
					 statements.
"Wayside Power" means an electric utility supplied power
					 system designed to provide power from the electric utility to a Locomotive,
					 while the Locomotive is stationary.
"Zero Emission (ZE) Capable Locomotive" means a Locomotive
					 that can be Operated in a Zero Emission Configuration and that can also be
					 Operated using a fuel that produces emissions. To qualify as a ZE Capable
					 Locomotive for a given Calendar Year, the Operator shall demonstrate that the
					 Locomotive was only Operated in a ZE Configuration when Operating in California
					 during that Calendar Year. A ZE Capable Locomotive that has been Operated
					 outside of a ZE Configuration within California at any point during a Calendar
					 Year shall not qualify as a ZE Capable Locomotive for that Calendar Year and
					 shall be treated as an emitting Locomotive based on the U.S. EPA Tier of its
					 engine for the purposes of this Locomotive Regulation.
"Zero Emission (ZE) Configuration" is a Locomotive
					 configuration that Operates in a zero emission capacity. ZE Locomotives always
					 Operate in a ZE Configuration. To be considered as Operating in a ZE
					 Configuration, the Locomotive shall not emit any criteria pollutant, toxic
					 pollutant, or greenhouse gas from any onboard source of power at any power
					 setting when Operated in a ZE Configuration, including any propulsion power
					 that is connected to and moves with the Locomotive when it is in motion.
"Zero Emission (ZE) Infrastructure" means infrastructure
					 that provides the appropriate fuel type or power to support the Operation of a
					 ZE Locomotive or ZE equipment. ZE Infrastructure shall not use a local (on-site
					 or near-site) combustion engine or combustion generator for main power or for
					 backup power.
"Zero Emission (ZE) Locomotive" means a Locomotive that
					 never emits any criteria pollutant, toxic pollutant, or greenhouse gas from any
					 onboard source of power at any power setting, including any propulsion power
					 that is connected to and moves with the Locomotive when it is in motion.
"Zero Emission (ZE) Rail Equipment" means equipment capable
					 of on-track Operation whose main function is the same as a Freight Line Haul,
					 Switch, Industrial, or Passenger Locomotive, but does not meet the definition
					 of a Locomotive and that never emits any criteria pollutant, toxic pollutant,
					 or greenhouse gas from any onboard source of power at any power setting,
					 including any propulsion power that is connected to and moves with the ZE Rail
					 Equipment when it is in motion.