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§ 2477.13. Requirements for TRU and TRU Gen Set Original Equipment Manufacturers.

13 CA ADC § 2477.13BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

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 § 2477.13
§ 2477.13. Requirements for TRU and TRU Gen Set Original Equipment Manufacturers.
(a) TRU and TRU original equipment manufacturers that equip TRUs or TRU gen sets with flexibility engines, as defined in section 2477.4, shall do all of the following:
(1) Beginning November 14, 2012, provide written notification to the Executive Officer of their intent to equip TRUs or TRU gen sets with flexibility engines. This notification shall be submitted at least 12 months in advance of the first flexibility engine being installed in production, to:
CALIFORNIA AIR RESOURCES BOARD
STATIONARY SOURCE DIVISION (TRU)
P.O. BOX 2815
SACRAMENTO, CA 95812
(2) Beginning February 12, 2013, provide supplemental labels that list all of the engine information needed to register the TRU or TRU gen set in ARBER under section 2477.5(e), if the engine manufacturer's emissions label does not provide this information.
(A) The supplemental label shall be permanently affixed to the flexibility engine in an easily accessible place, in accordance with 40 CFR 89.110 (for Tier 1 or Tier 2) or 40 CFR 1039.135 (for Tier 4). Alternative supplemental label locations and font sizes may be necessary, such as on the equipment frame, subject to Executive Officer approval.
(3) Beginning February 12, 2013, the original equipment manufacturer shall provide written disclosures with new TRUs or TRU gen sets that are equipped with flexibility engines. These written disclosures may be included with documentation that is shipped with the TRU or TRU gen set and must include instructions to dealers telling them they are required by California law to notify the ultimate purchaser of these disclosures prior to sale and to pass these written disclosures to the ultimate purchaser at point of sale. The following disclosures are required:
(A) The TRU or TRU gen set is equipped with a flexibility engine. Flexibility engines meet less stringent emissions standards than the emission standards that were in effect at the time the flexibility engine was manufactured.
(B) Provide the effective model year of the flexibility engine, as shown in section 2477.4, Table 1.
(C) Notify the ultimate purchaser that if they register the TRU or TRU gen set in ARBER under section 2477.5(e), they are required report the effective model year of the engine, not the year that the engine was manufactured. Noncompliance may result in penalty.
(D) If the TRU or TRU gen set is operated in California, the owner will be required to bring the engine into compliance with the ULETRU in-use standard seven years after the effective model year of the engine, in accordance with section 2477.5(a) and (b).
(b) Original Equipment Manufacturer Reporting
(1) Current Production Reports: Beginning April 6, 2011, and by January 1st and June 30th of each calendar year thereafter, TRU and TRU gen set original equipment manufacturers shall provide to ARB the information listed below for all TRUs and TRU gen sets that will be manufactured and marketed for sale in the following markets: California, United States, Canada, and Mexico. The following data shall be provided for TRUs and TRU gen sets that will be produced during the six month period following the report due date for each market area:
(A) TRU or TRU genset manufacturer and model name, as it appears on the unit label; and
(B) The following engine information for each TRU or TRU gen set model:
1. Engine manufacturer;
2. Engine model, as it appears on the engine emissions label;
3. Engine model, as it appears on the serial number label, if different;
4. Engine Family;
5. Rated horsepower and rated speed;
6. Displacement (liters);
7. Exhaust Emissions Control System;
8. Tier standard met; and
9. ARB's Executive Order that the engines are manufactured under.
(C) Current Production Reports shall be submitted by one of the following methods:
1. Mail or deliver a physical report in electronic format to ARB at the address listed immediately below:
CALIFORNIA AIR RESOURCES BOARD
STATIONARY SOURCE DIVISION (TRU)
1001 I STREET
SACRAMENTO, CA 95814
2. Electronically submit to ARB's TRU Program via email at:
arber@arb.ca.gov
(D) Original equipment manufacturers that produce less than 100 TRUs or TRU gen sets per calendar year may submit Current Production Year Reports within ten days of installing the first engine in a production run of a new model.
(2) Prior Production Reports:
(A) Prior unit and engine data. TRU and TRU gen set original equipment manufacturers shall:
1. By April 6, 2011, provide a production report to ARB with the information listed below in subparagraph 2477.13(b)(2)(C) for the previous five calendar years for each TRU or TRU gen set produced for sale in California, North America, Canada, and Mexico; or
2. If the TRU or TRU gen set original equipment manufacturer elects not to provide the information in subparagraph 2477.13(b)(2)(A)1., then within 30 days of any request from ARB, the TRU or TRU gen set original equipment manufacturer shall provide a production report to ARB with the information listed below in subparagraph 2477.13(b)(2)(C) for the unit and engine serial numbers provided in ARB's request.
(B) Monthly production reports. TRU and TRU gen set original equipment manufacturers shall either:
1. Beginning April 6, 2011, provide by the 15th of each calendar month, a monthly production report to ARB with the information listed below in subparagraph 2477.13(b)(2)(C) for the previous calendar month for each TRU or TRU gen set produced for sale in California, North America, Canada, and Mexico; or
2. As an alternative, the TRU or TRU gen set original equipment manufacturer may request reporting that is equivalent to and at least as effective as subparagraph 2477.13(b)(2)(B)1., immediately above, subject to Executive Officer approval.
(C) Original equipment manufacturers shall provide the following information for each TRU and TRU gen set:
1. TRU or TRU gen set model name, as it appears on the unit label;
2. TRU or TRU gen set serial number;
3. Engine manufacturer;
4. Engine model, as it appears on the engine emissions label;
5. Engine model, as it appears on the serial number label, if different;
6. Engine Family;
7. Engine serial number;
8. Rated horsepower and rated speed; and
9. Tier standard met.
(D) Prior Production Reports and Flexibility Engine Reports shall be submitted on CD or DVD to:
CALIFORNIA AIR RESOURCES BOARD
STATIONARY SOURCE DIVISION (TRU)
1001 I STREET
SACRAMENTO, CA 95814
(3) Confidentiality of current and prior production reports. TRU and TRU gen set original equipment manufacturers may designate current and prior production report information as confidential or trade secret, and such information will be handled in accordance with title 17 CCR, section 91000.
(c) Beginning February 12, 2013, TRU and TRU gen set original equipment manufacturers (OEM) that sell TRUs, TRU gen sets, or replacement engines in California shall:
(1) Provide a supplemental label with all new and rebuilt replacement engines that provides the information that is required to register the unit in ARBER under section 2477.5(e), if the engine manufacturer's emissions label does not provide this information. If a prior-tier replacement engine (as defined in section 2477.4) is used, the effective model year (as defined in section 2477.4) shall be listed on the supplemental label.
(A) The supplemental label shall be permanently affixed to the replacement engine in an easily accessible place, in accordance with 40 CFR 89.110 (for Tier 1 or Tier 2 engines) or 40 CFR 1039.135 (for Tier 4 engines). Alternative supplemental label locations and font sizes may be necessary if accessible engine surface space is not available, subject to Executive Officer approval.
(2) Provide a registration information document with each new TRU and TRU gen set, that includes:
(A) All of the TRU or TRU gen set unit information that is needed to register the TRU or TRU gen set in ARBER under section 2477.5(e). This information must be the same as the information on the unit label that is attached to the unit.
(B) All of the TRU or TRU gen set engine information needed to register in ARBER under section 2477.5(e). This information must be the same as the information on the engine labels that are attached to the engine.
(C) The registration information document shall include a certification statement by the TRU OEM stating that the unit registration information provided is exactly the same as listed on the TRU or TRU gen set unit label and the engine registration information provided is exactly the same as listed on the engine labels.
(D) As an alternative to providing the registration information document, the TRU or TRU gen set original equipment manufacturer may provide a web-based, on-line lookup system for registration information that is at least as effective as section 2477.13(c)(2)(A), (B), and (C), subject to advance Executive Officer approval. In determining whether a specific web-based, on-line lookup system for registration information is at least as effective as section 2477.13(c)(2)(A), (B), and (C), the Executive Officer shall consider information submitted by the manufacturer and shall exercise good scientific and engineering judgment.
(3) Provide a registration information document with each new and rebuilt replacement engine supplied by the OEM that includes:
(A) All of the engine information needed to register in ARBER under section 2477.5(e). This information must be the same as the information on the new replacement engine labels or rebuilt replacement engine supplemental labels (see section 2477.16(b)) that are attached to the engine or an alternative location approved by the Executive Officer.
(B) The registration information document shall include a certification statement by the TRU OEM stating that the engine registration information provided is exactly the same as listed on the replacement engine labels.
(C) Include entry spaces and instructions for the dealer or installer to fill in the unit information that is needed to register the unit in ARBER pursuant to section 2477.5(e)(1)(A)4. Include a certification statement for the dealer or installer to sign under, stating that the unit information entered is exactly the same as listed on the unit label that the replacement engine is installed into.
(D) As an alternative to providing the registration document, the TRU or TRU gen set original equipment manufacturer may provide a web-based, on-line lookup system for registration information that is at least as effective as section 2477.13(c)(3)(A), (B), and (C), subject to advance Executive Officer approval. In determining whether a specific web-based, on-line lookup system for registration information is at least as effective as section 2477.13(c)(2)(A), (B), and (C), the Executive Officer shall consider information submitted by the manufacturer and shall exercise good scientific and engineering judgment.
(d) Beginning November 14, 2012, OEMs shall provide written disclose with each prior-tier replacement engine they supply that shall be passed on to interested buyers prior to sale of a prior-tier replacement engine notifying them that the engine was manufactured to meet less stringent emissions standards than are currently required. This notification must also provide the effective model year of the prior-tier replacement engine and the ULETRU compliance deadline.
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.
HISTORY
1. New section 2477.13, including renumbering and amendment of section 2477(f)(3) and its subdivisions to new section 2477.13(b) and its subdivisions 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 § 2477.13, 13 CA ADC § 2477.13
End of Document