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§ 2477.3. Exemptions.

13 CA ADC § 2477.3Barclays Official California Code of RegulationsEffective: October 1, 2022

Barclays California Code of Regulations
Title 13. Motor Vehicles (Refs & Annos)
Division 3. Air Resources Board
Chapter 9. Off-Road Vehicles and Engines Pollution Control Devices
Article 8. Off-Road Airborne Toxic Control Measures
Effective: October 1, 2022
13 CCR § 2477.3
§ 2477.3. Exemptions.
Currentness
(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.
(d) TRUs used during an emergency are exempt from the requirements of sections 2477.5(a), (b), (c), and (d) of this subarticle, provided the requirements of section 2477.5(l) are met. TRUs operating in California are not exempt from the TRU reporting requirements in section 2477.5(g).
(e) Noncompliant TRUs on refrigerated railcars that are not operated while traveling through California shall be exempted provided the Executive Officer has previously approved a written compliance plan submitted by the railway carrier, as follows:
(1) The written compliance plan shall clearly identify the monitoring, recordkeeping, and reporting procedures that the railway carrier will implement and utilize to ensure that noncompliant TRUs on refrigerated railcars will not operate while in California.
(2) The compliance plan shall establish monitoring, recordkeeping, and reporting procedural requirements that the Executive Officer finds are sufficient to identify non-compliant TRUs being moved on railways in California and to ensure that such TRUs will not operate at any time while they are present within California.
(A) The compliance plan shall include, without limitation: the procedure for tracking and recording routes and dates of travel within California of each noncompliant TRU, information identifying each noncompliant TRU (e.g. the railway carrier's reporting mark followed by the one-to-six-digit number which together uniquely identifies the railcar), a description of the automated monitoring and recordkeeping system for reporting the TRU “engine on” or “engine off” status, and the procedure for expeditiously reporting violations observed or discovered by the railway carrier.
(B) The compliance plan shall include a statement, signed by an authorized railroad representative, declaring that the railway carrier agrees to be bound by the compliance plan.
(3) Within 30 days of the submission of a complete compliance plan, the Executive Officer shall approve or disapprove the compliance plan based on the information submitted by a railway carrier as specified in sections 2477.3(e)(1) and (2) above, and based on good engineering judgment. If the compliance plan is disapproved, the Executive Officer shall inform the railway carrier of the reasons for the disapproval. The railway carrier may revise the compliance plan to address the basis for disapproval and resubmit the compliance plan for EO approval or disapproval.
(4) The railway carrier shall maintain records collected pursuant to the approved compliance plan for a period of at least three (3) years and make these records available to CARB upon request.
(f) Railway carriers are exempt from the owner or owner/operator requirements of section 2477.5 for any TRU or TRU gen set that is not owned by the railway carrier, provided:
(1) The TRU or TRU gen set is not leased by the railway carrier, in which case, section 2477.12 applies; or
(2) The railway carrier or its agent is only fueling, monitoring to assure proper operation, keeping in operation, arranging repairs at the request of the owner, or restarting the TRU or TRU gen set engine after an unscheduled shut-down or repair, and is not performing any of the other activities listed under the definition of “operate”.

Credits

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.
History
1. Renumbering and amendment of section 2477(c) to new section 2477.3 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).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 13, § 2477.3, 13 CA ADC § 2477.3
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