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§ 2477.3. Exemptions.


Barclays Official California Code of Regulations Currentness
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 (Refs & Annos)
13 CCR § 2477.3
§ 2477.3. Exemptions.
(a) This regulation does not apply to military tactical support equipment.
(b) Obviously non-operational TRUs or TRU gen sets are exempt from certain sections of this subarticle, as specified below, 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:
(1) Any TRU that is removed or separated from the truck or trailer van, shipping container, or rail car. This exemption 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 van, 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 can be seen from 50 feet during daylight hours when the vehicle is stationary.
(3) Any truck TRU housing that remains attached to a truck van, 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 can be seen from 50 feet during daylight hours when the vehicle is stationary.
(4) Any TRU or TRU gen set that has no engine or fuel injection system installed, making the engine incapable of being started.
(5) TRU gen sets that have been quarantined in a designated area that is separated from other compliant TRU gen sets by a cordon or barrier with signs that read “NONCOMPLIANT - DO NOT OPERATE IN CALIFORNIA”. Bright red tags must 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.
(c) Transport refrigeration systems that are not driven by an integral diesel internal combustion engine are exempt from the requirements of this subarticle. 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 that are used during an emergency (as defined) are exempt from the in-use performance standards of section 2477.5(a) of this subarticle, provided the requirements of section 2477.5(j) are met. This exemption expires on January 1, 2025. California-based TRUs are not exempt from the ARBER registration requirements in section 2477.5(e).
(e)(1) 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.
(2) The written compliance plan must 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.
(3) 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 must 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 and/or discovered by the railway carrier.
(B) A statement is required, signed by an authorized railroad representative, declaring that the railway carrier agrees to be bound by the compliance plan.
(4) 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)(2) and (3) 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.
(5) 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 ARB 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”.
Note: Authority cited: Sections 39600, 39601, 39618, 39658, 39659, 39666, 39667, 43013 and 43018, 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, 40717.9, 43013 and 43018, Health and Safety Code.
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).
This database is current through 5/6/22 Register 2022, No. 18
13 CCR § 2477.3, 13 CA ADC § 2477.3
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