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§ 2477.17. Requirements for Applicable Facility Owners or Applicable Facility Owner/Operators.

13 CA ADC § 2477.17Barclays 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 § 2477.17
§ 2477.17. Requirements for Applicable Facility Owners or Applicable Facility Owner/Operators.
(a) Facility Registration. On or before December 31, 2023, applicable facility owners or applicable facility owner/operators shall register their facility by reporting the following information to CARB:
(1) Company Information
(A) Company/business name, address, and contact information for the responsible official (e.g., title, phone number, email address).
(2) Indicate who is registering the applicable facility, either:
(A) The applicable facility owner (or an employee of owner), or
(B) The applicable facility operator
(3) Applicable facility type (specify)
(A) Refrigerated Warehouse or Distribution Center
(B) Grocery Store
(C) Seaport Facility
(D) Intermodal Railyard
(4) Refrigerated Warehouse or Distribution Center or Grocery Store building size in square feet
(5) Rental or lease status. Indicate if the applicable facility is a rental unit (no contract term) or a lease unit (under contract term, typically more than one year).
(6) The number of loading dock doors serving refrigerated storage space.
(7) The number of square feet of refrigerated storage space.
(8) The average total number of hours per week that outbound TRU or TRU gen set engines operate while at the facility during 2022. Average TRU or TRU gen set engine operating time at facility for outbound refrigerated loads may be used if the result is representative of the outbound TRU or TRU gen set operations at facilities, as determined by the Executive Officer. Average values would be determined for outbound loads and applied to the total annual number of refrigerated outbound loads, and then weekly averages calculated as follows: Average TRU or TRU gen set engine operating time per outbound refrigerated load multiplied by the total annual number of outbound loads, divided by 52 weeks equals the average total number of hours per week that outbound TRU or TRU gen set engines operate while at the facility.
(9) The average total number of hours per week that inbound TRU or TRU gen set engines operate while at the facility during 2022. Average TRU or TRU gen set engine operating time at facility for inbound refrigerated loads may be used if the result is representative of the inbound TRU or TRU gen set operations at facilities, as determined by the Executive Officer. Average values would be determined for inbound loads and applied to the total annual number of refrigerated inbound loads, and then weekly averages calculated as follows: Average TRU or TRU gen set engine operating time per inbound refrigerated load multiplied by the total annual number of inbound loads, divided by 52 weeks equals the average total number of hours per week that inbound TRU or TRU gen set engines operate while at the facility.
(10) The number of refrigerated trailers that are used at the facility for cold storage, the total annual number of hours of TRU engine operation associated with these refrigerated trailers, and the total annual number of hours of operation using electric standby associated with these refrigerated trailers.
(11) Zero-emission fuel provided (if any).
(A) If electricity is provided:
1. Location of connectors (e.g., dock door, parking lot, staging area)
2. Number of connectors
3. Type of connectors
(b) If reported information for any applicable facility changes, then the applicable facility owner shall update the information within 30 days of the changes.
(c) If an applicable facility begins operations after December 31, 2023, then the applicable facility owner shall report the information in section 2477.17(a) to CARB within 30 days of the applicable facility beginning operations
(d) Facility Registration Fees. Beginning December 31, 2023, the Executive Officer shall assess and collect fees from owners or owner/operators of applicable facilities in California to recover the costs to the Executive Officer administering the TRU ATCM as specified in section 2477.21(b).
(e) Facility Reporting. On or before December 31, 2023, applicable facility owners or applicable facility owner/operators shall select the requirements in either section 2477.17(e)(1) or section 2477.17(e)(2). If neither option is selected, the applicable facility owner or applicable facility owner/operator shall automatically be required to comply with section 2477.17(e)(2). An applicable facility owner or applicable facility owner/operator may change the option selected for the following calendar year by notifying CARB by September 30 of the preceding calendar year.
(1) Report all TRU Activity at Facility.
(A) Beginning December 31, 2023, applicable facility owners or applicable facility owner/operators shall collect the information required under section 2477.20(m) for any TRU that operates inside the facility fence line or property boundary.
(B) Beginning April 15, 2024, applicable facility owners or applicable facility owner/operators shall report information required under section 2477.20(m) to CARB quarterly in accordance with the schedule shown in Table 4.
Table 4: Applicable Facility Reporting Schedule
TRU Entry Date
Date by which information is to be reported to CARB
January 1 - March 31
April 15
April 1 - June 30
July 15
July 1 - September 30
October 15
October 1 - December 31
January 15
(C) If CARB finds non-reported TRUs operating inside the facility fence line or property boundary, the applicable facility owner or applicable facility owner/operator may be subject to a penalty pursuant to Health and Safety Code sections 39674, 39675, 42400 et seq., 42402 et seq., and 42410 for each non-reported TRU. An applicable facility owner or applicable facility owner/operator may be subject to increased penalties for each additional non-reported TRU.
(D) An applicable facility owner or applicable facility owner/operator may designate specific report information as confidential or trade secret. CARB shall handle designated information in accordance with Title 17 CCR, section 91000.
(2) Declaration of TRU Compliance.
(A) Applicable facility owners or applicable facility owner/operators shall provide a declaration to CARB, under penalty of perjury, that beginning December 31, 2023, non-compliant TRUs subject to this TRU Regulation shall not be permitted to operate inside the facility fence line or property boundary.
1. An applicable facility owner or applicable facility owner/operator may check if a given TRU is compliant by verifying that the TRU has a valid CARB compliance label or by checking identifiable information through CARB's online system.
(B) If CARB finds a non-compliant TRU operating inside the facility fence line or property boundary, the applicable facility owner or applicable facility owner/operator may be subject to a penalty pursuant to Health and Safety Code sections 39674, 39675, 42400 et seq., 42402 et seq., and 42410 for each non-compliant TRU. An applicable facility owner or applicable facility owner/operator may be subject to increased penalties for each additional non-compliant TRU operating within an applicable facility's fence line or property boundary.
(f) Recordkeeping.
(1) The Executive Officer may approve alternative recordkeeping and calculation procedures for determining the average weekly hours of TRU engine operation at a facility for inbound and outbound refrigerated loads, provided the Executive Officer finds that the alternative procedures meet the intent of section 2477.17.

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(f)(2) and its subdivisions to new section 2477.17 filed 10-15-2012; operative 10-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 42).
2. Amendment of section heading, section and Note filed 7-18-2022; operative 10-1-2022 (Register 2022, No. 29).
This database is current through 3/15/24 Register 2024, No. 11.
Cal. Admin. Code tit. 13, § 2477.17, 13 CA ADC § 2477.17
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