Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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 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.
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).
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.
