§ 2478.6. Compliance Extensions.
13 CA ADC § 2478.6Barclays Official California Code of RegulationsEffective: January 1, 2024
Effective: January 1, 2024
13 CCR § 2478.6
§ 2478.6. Compliance Extensions.
(1) Prior to planned Operation of a Locomotive that would be prohibited from Operation in California under this Locomotive Regulation, a Locomotive Operator may submit an application to the Executive Officer to temporarily Operate the Locomotive in California. The Operator shall submit the application to the Executive Officer at least seven business days prior to the temporary Operation of the Locomotive within California. The Executive Officer shall approve the application provided that:
(2) If a Locomotive Operator cannot meet the Operation requirements of this Locomotive Regulation due to emergency events beyond their reasonable control, including, but not limited to, fires, floods, earthquakes, embargoes, epidemics, quarantines, war, acts of terrorism, riots, strikes, or lockouts, the Locomotive Operator may submit an application for a Temporary Operating Extension before or during the temporary Operation. The Executive Officer shall approve the application provided that:
(5) Notice of Disapproval. Within three business days after the Executive Officer has received an application for a Temporary Operating Extension, the Executive Officer shall issue a notice of disapproval if the application is incomplete or does not meet the requirements of this section. The Executive Officer shall summarize the application deficiencies in the notice of disapproval.
(1) Manufacture Delays. If a Locomotive Operator cannot meet the requirements set forth in sections 2478.4, 2478.5, 2478.7, or 2478.8, due to Compliant Equipment manufacture delays beyond their reasonable control, the Locomotive Operator may submit an application for a compliance extension. The Locomotive Operator shall submit the application to the Executive Officer at least 90 business days prior to the requested start date of the compliance extension. The Executive Officer shall grant a maximum one-year compliance extension provided the following conditions are met:
(C) The application demonstrates that Compliant Equipment is necessary to Operate a Locomotive in California, that the Locomotive would be compliant by the compliance deadline but for the delay of this Compliant Equipment, and that in the 12 months preceding the application for an extension the Locomotive Operator took reasonable steps to procure the Compliant Equipment.
(2) Installation Delays. If a Locomotive Operator cannot meet the requirements set forth in sections 2478.4, 2478.5, 2478.7, or 2478.8, due to Compliant Equipment installation delays beyond their reasonable control, the Locomotive Operator may submit an application for a compliance extension. The Locomotive Operator shall submit the application to the Executive Officer at least 90 business days prior to the requested start date of the compliance extension. The Executive Officer shall grant a maximum one-year compliance extension provided the following conditions are met:
(C) The application demonstrates that the Compliant Equipment installation is necessary to Operate a Locomotive in California, that the Locomotive would be compliant by the compliance deadline but for the delay of this Compliant Equipment installation, and that the Locomotive Operator took reasonable steps to install the Compliant Equipment in the 12 months preceding the application for an extension; and
(3) Unavailability. If a Locomotive Operator cannot meet the requirements set forth in sections 2478.4, 2478.5, 2478.7, or 2478.8, by the applicable compliance deadline due to unavailability of Compliant Equipment, the Locomotive Operator may submit an application for a compliance extension. The Locomotive Operator shall submit the application to the Executive Officer at least 90 business days prior to the requested start date of the compliance extension. The Executive Officer shall grant a maximum one-year compliance extension, provided the following conditions are met:
(E) If the Locomotive Operator is applying for a compliance extension under subsection (b)(2), copies of an executed contract to perform installation of Compliant Equipment, dated at least 24 months prior to the compliance deadline, and documentation describing the circumstances that prevent the installation of the Compliant Equipment by the compliance deadline, and which demonstrates the absence of any other suitable compliance options that would meet the deadline. Circumstances may include delays involving:
(F) If the Locomotive Operator is applying for a compliance extension under subsection (b)(3), documentation describing the circumstances that prevent the purchase of Compliant Equipment by the compliance deadline, and which demonstrates the absence of any other suitable compliance options that would meet the deadline;
(6) Notice of Disapproval. Within 45 business days after the Executive Officer has received an application for a compliance extension, the Executive Officer shall issue a notice of disapproval if the application is incomplete or does not meet the requirements of this section. The Executive Officer shall summarize the application deficiencies in the notice of disapproval.
(c) Public Transparency. CARB shall upload any extension applications to its “Reducing Rail Emissions in California” webpage and provide notice on its webpage of any approved or disapproved extension. Applicants may identify specific portions of an application as confidential and if so, CARB shall keep such information confidential to the extent permitted under California's Public Records Act, Government Code, section 7920.000 et seq.
Credits
Note: Authority cited: Sections 38560, 39600, 39601, 39658, 39659, 39666, 41511, 43013 and 43018, Health and Safety Code. Reference: Sections 39650, 39659, 41511, 43013 and 43018, Health and Safety Code.
History
1. New section filed 10-27-2023; operative 1-1-2024 (Register 2023, No. 43).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 13, § 2478.6, 13 CA ADC § 2478.6
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