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§ 2477.5. Requirements for Owners or Owner/Operators.

13 CA ADC § 2477.5Barclays Official California Code of Regulations

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
13 CCR § 2477.5
§ 2477.5. Requirements for Owners or Owner/Operators.
(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.
(b) Zero-Emission Truck TRU Requirements. The term TRU as used in this subsection (b) refers only to truck TRUs. Trailer TRUs, DSC TRUs, railcar TRUs, and TRU gen sets are exempt from the requirements of this subsection (b).
(1) Beginning December 31, 2023, no owner or owner/operator shall operate or cause to be operated in California, any truck TRU in the owner's truck TRU fleet, unless the fleet meets or exceeds the required ZE truck TRU fleet percentages specified in Table 3.
TRU owners shall replace their diesel-powered truck TRUs with ZE truck TRUs in accordance with the fleet percentages and phase-in compliance schedule specified in Table 3. The required number of ZE truck TRUs is based on the truck TRU fleet size reported to CARB on December 31, 2023 or December 31 of each year, whichever reported truck TRU fleet size is greater. A TRU owner may downsize their truck TRU fleet size only if the TRU owner has not purchased additional direct-drive refrigeration units, in which the compressor is powered from the truck's diesel engine, to replace the original diesel-powered units being sold or retired. The required number of ZE truck TRUs for a given year shall be calculated using the following formula:
“Minimum Number of ZE Truck TRUs -- Required ZE Truck TRU Fleet % x Total Truck TRU Fleet”; Where:
Minimum Number of ZE Truck TRUs is the required minimum number of ZE truck TRUs in an owner's fleet as of the specified Compliance Date in Table 3.
Required ZE Truck TRU Fleet percentage (%) is listed in the second column of Table 3.
Total Truck TRU Fleet is the maximum of the December 31, 2023 Fleet Size or the Total Current Fleet Size; Where:
Number of Truck TRUs is the sum of all diesel-fueled truck TRUs plus all ZE truck TRUs in the owner's truck TRU fleet.
December 31, 2023 Fleet Size is the number of truck TRUs reported to CARB as of December 31, 2023.
Total Current Fleet Size is the Number of Truck TRUs in the owner's truck TRU fleet as of the applicable Compliance Date in Table 3.
Table 3: Phase-in Compliance Schedule for ZE Truck TRU Fleets
Compliance Date as of December 31
Required ZE Truck TRU Fleet Percentage
2023
15%
2024
30%
2025
45%
2026
60%
2027
75%
2028
90%
2029 and thereafter
100%
(2) Downsizing a fleet. A TRU owner may have a smaller “Total Truck TRU Fleet” than otherwise required for a given Compliance Date if, between January 1 and December 31, inclusive, of the prior Compliance year, the TRU owner has not purchased any additional direct-drive refrigeration units in which the compressor is powered from the truck's diesel engine, to replace the original diesel-powered units being sold or retired.
(A) Prior to the Compliance Date, the TRU owner shall report to CARB their intent to downsize their fleet, the proposed Number of Truck TRUs in the fleet, any TRUs acquired or sold in the prior Compliance Year, and all information required by section 2477.20(f).
(B) The downsized Number of Truck TRUs shall replace the Total Truck TRU Fleet number going forward.
(3) If the calculated ‘number of ZE Truck TRUs' is not equal to a whole number, the owner shall round up to a whole number when the fractional part of the required number of ZE truck TRUs is equal to or greater than 0.5, and round down if less than 0.5. For example:
(A) A fleet consisting of one truck TRU that operates in California shall contain one ZE truck TRU by December 31, 2026.
(B) A fleet consisting of two truck TRUs that operate in California shall contain one ZE truck TRU by December 31, 2024 and two ZE truck TRUs by December 31, 2027.
(c) In-Use Performance Standards for MY 2022 and Older TRU and TRU Gen Set Engines. The term TRU as used in this subsection (c) refers only to trailer TRUs, DSC TRUs, railcar TRUs, and TRU gen sets. Truck TRUs are exempt from the requirements of this subsection (c). In accordance with the schedule set forth below in paragraph (c)(4), no owner or owner/operator shall operate or cause to be operated in California, a MY 2022 and older TRU or TRU gen set engine, unless it meets one of the in-use emission category performance standards set forth in (1) to (3) below.
(1) Use a certified engine that meets the Ultra-Low Emission TRU (ULETRU or U) in-use PM performance standard of 0.02 g/hp-hr [FN4] or less. The engine shall meet the applicable nonroad/off-road emissions standards for all regulated pollutants and the in-use PM performance standard. Only engines for which certification data and deterioration factors have been provided to CARB shall be considered when determining compliance. The Executive Officer shall consider such submittals, publish, and make available a list of qualifying engines.
(2) Equipping the engine with a Level 3 VDECS.
(3) As an alternative to meeting the ULETRU in-use performance standard in section 2477.5(c)(1) or (2), an owner/operator may operate a MY 2022 and older TRU or TRU gen set in California meeting one of the Alternative Technology options listed below. Alternative Technologies qualify to meet the ULETRU in-use performance standard only if the TRU or TRU gen set is operated under the conditions included in the description listed below.
(A) Hybrid Electric TRU or electric standby-equipped TRU shall qualify as an Alternative Technology, provided all of the following conditions are met:
1. The TRU shall not operate under diesel engine power while at a nonretail facility, except during:
a. An emergency;
b. Normal ingress, egress, and yard maneuvering, limited to 5 minutes per movement inside the facility fence line or property boundary; or
c. Unit/engine pre-trip inspections, troubleshooting diagnostics, and post-repair check-out (however, this exception does not apply to the initial van chill-down before loading);
2. The facility or facilities that a TRU is normally based or frequents to load or unload perishable goods shall be equipped with electric power plugs located in the parking areas and loading spaces and the TRU shall be plugged into these power plugs during initial chill-down and whenever the refrigerated van or container contains perishable products;
3. All nonretail delivery and pick-up points that the E/S--equipped TRU frequents to load or unload goods shall be equipped with electric power plugs if the van load includes perishable goods. Electric power plugs shall be located in the parking areas and loading spaces and the TRU shall be plugged into these power plugs during initial chill-down and whenever the refrigerated van or container contain perishable goods and may need to operate;
4. The TRU engine run time at retail delivery points shall not exceed 30 minutes, otherwise electric power plugs are also required at those retail delivery points and shall be used to prevent engine operations that exceed 30 minutes at the delivery point;
5. The TRU shall be equipped with non-resettable engine hour meters and electric power use hour meters;
6. 100 percent of an owner's hybrid electric or electric standby-equipped TRUs shall be equipped with electronic tracking systems by December 31, 2013; and
7. The TRU shall be reported to CARB in accordance with section 2477.5(g).
(B) Hybrid cryogenic temperature control systems shall qualify as an Alternative Technology, provided all of the following conditions are met:
1. The TRU does not operate under diesel engine power while at a nonretail facility, except during:
a. An emergency;
b. Normal ingress and egress yard maneuvering; or
c. Unit/engine pre-trip inspections, diagnostics, and repair operations;
2. The TRU engine run time at retail delivery points shall not exceed 30 minutes, otherwise purely cryogenic temperature control shall be used at those retail delivery points to prevent engine operations that exceed 30 minutes at the delivery point;
3. The TRU shall be equipped with non-resettable engine hour meter and cryogenic system use hour meter;
4. The TRU shall be equipped with an electronic tracking system; and
5. The TRU shall be reported to CARB in accordance with section 2477.5(g).
(C) Alternative-fueled engines. If the engine is a CI engine, a VDECS is required.
Note: If the engine is not a compression ignition diesel fueled engine, this TRU Regulation would not apply, but the engine may have to meet other emission standards (e.g., large spark-ignited engine standards if >25 hp).
(D) Fuel exclusively with an alternative diesel fuel that has been verified as a VDECS, provided it is used in accordance with the requirements of section 2477.5(j)(1) and the alternative diesel fuel contains no conventional diesel or CARB diesel fuel, except in trace amounts.
(E) Power by fuel cells. If a reformer is used with diesel fuel as the source of hydrocarbons, then emissions shall be evaluated and verified through the Verification Procedure Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (13CCR section 2700 - 2710).
(F) Equip with any other system approved by the Executive Officer to not emit diesel PM or increase public health risk while at a facility.
(4) In-Use Compliance Dates for MY 2022 and Older TRU and TRU Gen Set Engines. In-use compliance dates are based upon the engine model year. Compliance dates may also be extended if the requirements of subparagraphs 2477.5(m) or (n) are met.
Beginning December 31, 2022, no owner or owner/operator shall operate or cause to be operated in California, a MY 2022 and older TRU or TRU gen set engine, unless it meets the in-use performance criteria set forth in section 2477.5.
(A) c) for ULETRU on or before December 31st of the seventh year past the engine's model year. For example:
No owner or owner/operator shall operate or cause to be operated in California
1. a MY 2020 TRU or TRU gen set engine, unless it meets ULETRU on or before December 31, 2027.
(B) The manufacture year of the TRU unit may be used instead of the TRU engine model year to determine the TRU ATCM in-use performance standards that must be met and the related compliance dates; however, this exception only applies if the unit manufacture year shown on the TRU unit label is no more than one year later than the engine model year shown on the TRU engine emissions label. If the difference between the engine model year on the engine emissions label and the unit manufacture year is greater than one year, then the engine model year shall be used in accordance with subsection 2477.5(c)(4)(A).
1. If the owner complies with the TRU ATCM in-use performance standard by retrofitting with a VDECS, the engine model year shown on the engine emissions label shall be used to determine engine compatibility with the VDECS, in accordance with the Executive Order for that VDECS.
2. If the owner of a TRU is required to report the TRU to CARB, in accordance with section 2477.5(g), the engine model year that is shown on the engine emissions label shall be provided as the engine model year.
(d) PM Emission Standard for MY 2023 and Newer TRU and TRU Gen Set Engines. The term TRU as used in this subsection (d) refers only to trailer TRUs, DSC TRUs, railcar TRUs, and TRU gen sets. Truck TRUs are exempt from the requirements of this subsection (d). Beginning December 31, 2022, no owner or owner/operator shall operate or cause to be operated in California, a MY 2023 and newer TRU or TRU gen set engine, unless it meets a PM emission standard of 0.02 g/hp-hr or lower.
(1) For TRU and TRU gen set engines with rated brake horsepower <25 hp, compliance with the PM emission standard shall be achieved by using a certified engine meeting the PM emission standard. Only engines for which certification data and deterioration factors have been provided to CARB shall be considered when determining compliance. The Executive Officer shall consider such submittals, publish, and make available a list of qualifying engines.
(2) For TRU and TRU gen set engines with rated brake horsepower >25 hp, compliance with the PM emission standard shall be achieved by using a certified engine meeting the applicable nonroad/off-road emissions standards for all regulated pollutants and the PM emission standard. Only engines for which certification data and deterioration factors have been provided to CARB shall be considered when determining compliance. The Executive Officer shall consider such submittals, publish, and make available a list of qualifying engines.
(e) VDECS Requirements.
(1) VDECS Installation. Before installing a VDECS on a TRU or TRU gen set, the owner or owner/operator shall ensure that:
(A) The VDECS is verified for use on the TRU or TRU gen set engine, as described in the Executive Order for the VDECS.
(B) Use of the TRU or TRU gen set is consistent with the conditions of the Executive Order for the VDECS.
(C) The VDECS is installed in a verified configuration.
(D) The engine to be retrofitted shall be in its original certified configuration, free of excess oil consumption, shall not have malfunctioning fuel delivery systems, or any other mechanical condition that may impair the proper functioning of the VDECS.
(E) The VDECS label is visible after installation.
(2) VDECS Maintenance. If an owner or owner/operator installs a VDECS to meet the requirements of section 2477.5(c), the VDECS shall remain installed until the VDECS fails, is damaged, or is replaced with a similar or higher level VDECS. The owner or owner/operator shall ensure that the VDECS and TRU or TRU gen set engine are properly maintained as recommended by the respective manufacturers.
(3) Failure or Damage of a VDECS. In the event of a failure or damage of a VDECS, the following conditions shall apply:
(A) If a VDECS fails within its warranty period, the owner/operator of the TRU or TRU gen set must replace it with the same VDECS or a higher verification classification level, if available.
(B) If a VDECS fails outside its warranty period and a higher verification classification level VDECS is available, then the owner/operator of the TRU or TRU gen set shall upgrade to the highest level VDECS required under paragraphs 2477.5(c) that is determined to be cost-effective by the Executive Officer.
(f) In-Use Recordkeeping and Reporting. In-use recordkeeping and reporting shall be completed by the owner or operator in accordance with the following:
(1) An owner that has elected to comply by using a verified alternative diesel fuel in accordance with section 2477.5(c)(3)(D), shall comply with the recordkeeping requirements in section 2477.5(j)(1).
(2) An owner that has elected to comply by using a hybrid electric TRU or electric standby-equipped TRU in accordance with section 2477.5(c)(3)(A) or a hybrid cryogenic temperature control system in accordance with section 2477.5(c)(3)(B), shall use an electronic tracking system that meets the recordkeeping requirements of section 2477.20(d).
TRU Reporting Requirements.
(g) The term TRU as used in this subsection (g) refers to TRUs and TRU gen sets, as well as ZE truck TRUs used to comply with section 2477.5(b).
(1) Owners or owner/operators shall report all California-based TRUs operated by the owner or owner/operator to CARB by providing the information listed in section 2477.20(f) for each TRU.
(2) On or before December 31, 2023, owners or owner/operators shall report all non-California-based TRUs operated in California by the owner or owner/operator to CARB by providing the information listed in section 2477.20(f) for each TRU.
(3) California-based TRUs added to an owner's or owner/operator's operations after January 31, 2009 and non-California based TRUs added to an owner's or owner/operator's operations after December 31, 2023 shall be brought into compliance with section 2477.5(g)(1) and (2) within 30 days of the unit entering the owner or owner/operator's control or beginning operations in California. The owner or owner/operator shall request:
(A) A CARB IDN for a new TRU that was not previously numbered, or
(B) A change in owner or owner/operator for a TRU that already has a CARB IDN number.
(4) If reported information for any TRU changes, then the owner or owner/operator shall update the information within 30 days of those changes.
(5) The Executive Officer shall issue identification numbers for each TRU reported to CARB. The number shall include a 2-digit prefix for model year (e.g., 2001 model year would have a prefix 01); a 6-digit serial number and a check digit.
(6) Within 30 days of receipt of the CARB IDN, the owner or owner/operator shall permanently affix or paint the CARB IDN on the TRU chassis housing in clear view according to the specifications in section 2477.20(e). Beginning December 31, 2023, the requirements of this subsection 2477.5(g)(6) shall be superseded by the TRU compliance label requirements in section 2477.5(i).
(h) TRU Operating Fees. The term TRU as used in this subsection (h) 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 as specified under section 2477.21(a).
(i) TRU Compliance Labels. The term TRU as used in this subsection (i) 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 TRU compliance label requirements in this subsection (i) shall supersede the IDN labeling requirements in section 2477.5(g)(6).
(2) Beginning December 31, 2023, upon verifying the information reported under section 2477.5(g) and all TRU operating fees have been received in accordance with section 2477.5(h), the Executive Officer shall issue two compliance labels for each TRU.
(3) Within 30 days of receipt of the CARB compliance labels, owners or owner/operators shall affix the labels in clear view, correct side up, un-obstructed; and kept and maintained in a manner that retains legibility. The location of the label shall be as follows:
(A) Truck and trailer TRUs - both sides of TRU chassis housing.
(B) Rail car and shipping container TRUs - both sides of the TRU.
(C) TRU gen sets - both sides of gen set housing.
(4) TRU compliance labels shall be valid for three (3) years from date of issuance.
(5) TRUs with pending enforcement actions shall not be issued a new compliance label until they are settled.
(6) Owners or owner/operators may use alternative unique equipment identification markings instead of affixing the CARB compliance label, provided the requirements of section 2477.20(e)(6) are met.
(j) Fuel Requirements.
(1) Owners or Owner/Operators Choosing to Use Alternative Diesel Fuels. Owners or owner/operators choosing to use alternative diesel fuels in compression ignition TRU and TRU gen set engines to meet the requirements of section 2477.5(c) shall:
(A) Maintain records that document exclusive use of the chosen fuel or additive for each affected engine and hours of engine operation. Appropriate records would be copies of receipts or invoices of appropriate fuel or fuel additive and engine hour meter logs.
1. Records shall be kept available for a minimum of three (3) years and shall be compiled and made available to CARB upon request.
(B) Use only fuel that is a VDECS alternative diesel fuel that contains no conventional diesel or CARB diesel fuel in TRUs or TRU gen sets operated in California.
(C) Permanently affix a label in clear view near the fill spout that identifies the proper fuel that is required to be in compliance.
(D) In the event that the owner or owner/operator decides to revert to using conventional diesel or CARB diesel fuel, the owner or owner/operator shall comply with the requirements of section 2477.5(c) within 10 days of discontinuation of alternative diesel fuel use. Within 10 days of discontinuation, the owner or owner/operator shall notify the Executive Officer in writing of this change in fuel use and shall include an update to the compliance information submitted to CARB to comply with section 2477.5(g).
(2) Owners or Owner/Operators that Retrofit TRUs or TRU Gen Sets with a VDECS. Owners or owner/operators that retrofit TRUs or TRU gen sets with a VDECS that requires certain fuel properties to be met in order to achieve the required PM reduction or PM emissions shall only fuel the subject TRU or TRU gen set with fuel that meets these specifications when operating in the state of California. In addition, owners or owner/operators that choose a VDECS that requires certain fuel properties to be met in order to prevent damage to the VDECS or an increase in toxic air contaminants, other harmful compounds, or in the nature of the emitted PM shall only fuel the subject TRU or TRU gen set with fuel that meets these specifications.
(k) Compliance by Replacing Engines.
A new or rebuilt replacement engine shall meet more stringent emissions standards than the original engine. The new or rebuilt replacement engine must subsequently meet the in-use performance standard requirements of section 2477.5(c) by the compliance dates of section 2477.5(c)(4), which are based on the new or rebuilt replacement engine's model year or effective model year.
(1) Current tier new replacement engines. Current tier new replacement engines shall use the engine model year to determine requirements and compliance dates. The engine model year is shown on the engine emissions label if the engine is manufactured when an emissions standard tier is in effect. Emissions label language examples include, but are not limited to:
(A) “THIS ENGINE MEETS 2008 INT. TIER 4 EMISSION REGULATIONS FOR U.S. EPA AND CALIFORNIA NONROAD CI ENGINES.” This label language indicates the engine is a current-tier 2008 model year engine for the purposes of in-use requirements and registration.
(B) “THIS ENGINE COMPLIES WITH U.S. EPA AND CALIFORNIA REULATIONS FOR 2009 M.Y. NONROAD AND STATIONARY/OFF-ROAD DIESEL ENGINES.” This label language indicates the engine is a current-tier 2009 model year engine for the purposes of in-use requirements and registration.
(2) Prior tier new replacement engines. Prior-tier new replacement engines shall use the effective model year (see definition) to determine requirements and compliance dates. The manufacture year and the installation year of a prior tier replacement engine shall not be used to determine the in-use requirements and the compliance dates. Prior-tier new replacement engine emissions labels typically do not clearly show the effective model year, but provide dates that indicate the prior-tier emissions standard that the engine meets. The year in the first sentence of the replacement engine emission label is the first year of the tier met. The date in the second sentence of the replacement engine label is the first day of the next tier standard. Table 1 in section 2477.4 and the following example of replacement engine emissions label language show how these labels shall be interpreted for this subarticle:
(A) “THIS ENGINE COMPLIES WITH CALIFORNIA OFF-ROAD AND U.S. EPA NONROAD EMISSION REQUIREMENTS FOR 2004 ENGINES UNDER 13 CCR 2423(j) AND 40 CFR 89.1003(b)(7). SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE AN OFF-ROAD ENGINE BUILT BEFORE JANUARY 1, 2008 MAY BE A VIOLATION OF CALIFORNIA AND FEDERAL LAW SUBJECT TO CIVIL PENALTY.” The first sentence includes the year 2004 (the first year of the tier). The second sentence indicates the next tier started on January 1, 2008, so the last year of the tier the engine met would be 2007. The center column of Table 1 shows the effective years 2004 to 2007 matches a Tier 2 engine in the 25-50 hp (trailer) category.
(3) Rebuilt replacement engines. Rebuilt replacement engines must meet the requirements of section 2477.16.
(A) Prior tier rebuilt replacement engines. If the rebuilt engine meets a prior tier emissions standard, then the effective model year (see definition) shall be used to determine the requirements and compliance dates. The rebuild year and the installation year of a prior tier replacement engine shall not be used to determine the in-use requirements and the compliance dates.
(B) Current tier rebuilt replacement engines. It the rebuilt engine meets the tier standard that is currently in effect, then the model year is the year that the rebuild is completed and this year shall be used to determine the requirements and compliance dates.
(l) Mobile Catering Company Exemption Requirements.
(1) The Executive Officer shall grant a one-year exemption to mobile catering companies for TRUs that are not compliant with the requirements under sections 2477.5(a), (b), (c), or (d) if the following conditions are met:
(A) The mobile catering company shall be under contract with the National Interagency Fire Center to provide mobile catering food service to emergency incidents for the year that the exemption would apply.
(B) All TRUs shall comply with the TRU reporting requirements under section 2477.5(g) and have a CARB Identification Number (IDN) affixed to both sides of the TRU housing. All TRUs owned or leased by the mobile catering company that are based outside of California that the owner wants included in the mobile catering company exemption shall be reported to CARB in accordance with section 2477.5(g).
(C) The mobile catering company shall submit an application for the Mobile Catering Service Exemption with the information required under section 2477.20(g).
(D) The owner shall update the application information within 30 days of any changes to the information submitted. For example, if the owner buys, sells, or leases TRUs, the IDN and unit serial number list required under section 2477.20(g)(7) shall be amended.
(E) The owner shall provide the driver with a copy of the current Mobile Catering Service Exemption that has been approved by the Executive Officer and the Mobile Food and Shower Service Request Form issued by the National Interagency Fire Center for the incident they are traveling to or from.
(F) During transit on California highways, the driver shall, upon request:
1. Present to the CARB inspector the Mobile Catering Service Exemption that has been approved by the Executive Officer and the Mobile Food and Shower Service Request Form issued by the National Interagency Fire Center, and
2. Allow the CARB inspector to inspect the TRU to confirm the Mobile Catering Service exemption applies to the equipment.
(G) All circumstances at the time of inspection shall be consistent with the Mobile Catering Service Exemption that has been approved by the Executive Officer and the Mobile Food and Shower Service Request Form issued by the National Interagency Fire Center.
(H) Mobile Catering Company Exemptions shall expire on December 31st of each year. Mobile catering companies shall re-apply for this exemption annually.
(m) Compliance Extension Based on Unavailability of Compliance Technology.
(1) If there is no compliance technology available for a specific TRU or TRU gen set within six months of a compliance date, the Executive Officer may grant a one-year extension to the normal compliance date set forth in sections 2477.5 (a), (b), (c), and (d), provided the following conditions are met:
(A) The owner demonstrates the absence of any suitable compliance option that can be used on the specific equipment and the owner cannot otherwise meet the requirements of section 2477.5(a), (b), (c), and (d) by the compliance dates.
(B) The TRU or TRU gen set is reported to CARB as required under section 2477.5(g).
(C) The owner shall submit an application to CARB as required under section 2477.20(h).
(D) The Executive Officer may grant additional one-year extensions provided the same procedures are followed for each extension.
(n) Compliance Extension Based on Delays Due to Private Financing, Equipment Manufacture Delays, or Installer Delays.
(1) The Executive Officer shall grant a one-time, maximum six- month extension to the normal compliance date set forth in sections 2477.5(a), (b), (c), and (d), provided the following conditions are met:
(A) The owner shall have ordered the compliance technology from the manufacturer no later than two months before the compliance date for VDECS retrofit compliance technologies and no later than four months before the compliance date for engine replacements, unit replacements, and trailer replacements, and the purchase order must be consistent with these limits.
(B) The TRU or TRU gen set is reported to CARB as required under section 2477.5(g).
(C) The owner shall submit an application as required under 2477.20(i) prior to the compliance deadline.
(o) Compliance Extension Based on Delays Due to Installation of Zero-Emission Fueling Infrastructure.
(1) The Executive Officer shall grant an annual extension in compliance, up to a maximum of two years, to an owner for the ZE truck TRU requirements specified in section 2477.5(b) due to unforeseen, temporary, or extenuating circumstances outside of the owner's or owner/operator's control that prevents the installation of zero emission fueling Infrastructure at the facility at which the truck TRU fleet is domiciled.
(2) For the purposes of this subsection (o), circumstances beyond the truck TRU owner's control may include:
(A) A delay in the manufacture and shipment of zero-emission fueling infrastructure equipment
(B) A delay in obtaining construction permit(s)
(C) A delay in obtaining power from a utility
(D) A delay due to private financing
(E) A delay in the installation of zero-emission fueling infrastructure
(F) A natural disaster
(G) The discovery of archeological, historical, or tribal cultural resources under the California Environmental Quality Act
(3) The owner shall submit an application as required under section 2477.20(i)(5) at least 12 months prior to the compliance deadline in section 2477.5(b) if the delay is due to a utility infrastructure upgrade, and at least 3 months prior for all other delay types.
(4) The owner may, 60 days prior to the expiration of the extension, apply for an additional one-year extension. In such a case, the truck TRU owner shall once again be required to demonstrate that the conditions set forth in section 2477.20(i)(5) have been met.
(5) The owner may, 60 days prior to the expiration of the second extension, apply for an additional compliance extension beyond the first two annual extensions due to a delay in obtaining power from a utility. In such a case, the owner shall once again be required to demonstrate that the conditions set forth in section 2477.20(i)(5) have been met.
(6) Within 45 days of the submission of a complete application, the Executive Officer shall approve, modify, or disapprove the application and notify the applicant accordingly. If the application is modified or disapproved, the Executive Officer shall state the reasons for the modification or disapproval in the notification. The notification to the applicant and approved plan, if applicable, shall be made available to the public on CARB's website.
(p) Safe Passage for Noncompliant Equipment Traveling in California.
(1) The Executive Officer shall grant a safe passage permit to a TRU or TRU gen set owner to travel on California highways with a specific noncompliant TRU or TRU gen set, provided the following conditions are met:
(A) The purpose of traveling on California highways is to take the noncompliant equipment to a dealer or installer to bring the equipment into compliance.
(B) Only one permit shall be allowed for each TRU or TRU gen set.
(C) The TRU or TRU gen set shall not operate (with the engine running) while in a noncompliant state in California.
(D) Temperature-sensitive products shall not be transported in a vehicle with a noncompliant TRU or TRU gen set.
(E) The owner shall submit an application for a safe passage permit to the Executive Officer, as required under section 2477.20(j).
(F) The Executive Officer shall provide a decision within 15 days of the application submittal.
(G) The owner shall provide the driver with a copy of the safe passage permit that has been approved by the Executive Officer.
(H) During transit on California highways, the driver shall, upon request:
1. Show an inspector that no temperature-sensitive products are being transported;
2. Present to the inspector the safe passage permit for the noncompliant TRU or TRU gen set that has been approved by the Executive Officer; and
3. Allow the inspector to inspect the TRU or TRU gen set to confirm the permit applies to the noncompliant equipment.
(I) All circumstances at the time of inspection shall be consistent with the safe passage permit.
[FN4]
The Engine Certification value for the Ultra-Low Emission TRU category corresponds to the Tier 4 “final” Nonroad/Off-road Emission Standards for greater than 25 horsepower engines.

Credits

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.
History
1. Renumbering and amendment of section 2477(e) and its subdivisions to new section 2477.5 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 1/20/23 Register 2023, No. 3.
Cal. Admin. Code tit. 13, § 2477.5, 13 CA ADC § 2477.5
End of Document