Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) This TRU
Regulation does not apply to military tactical support equipment.
(b) Non-operational TRUs or TRU gen sets are
exempt, 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.
(c)
Transport refrigeration systems that are not driven by an integral diesel
internal combustion engine are exempt from the requirements of this subarticle,
except for units used to comply with the ZE truck TRU requirements in section
2477.5(b).
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
used during an emergency are exempt from the requirements of sections
2477.5(a), (b), (c), and
(d) of this subarticle, provided the
requirements of section
2477.5 (l) are
met. TRUs operating in California are not exempt from the TRU reporting
requirements in section
2477.5(g).
(e) 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, as follows:
(1) The written compliance plan shall 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.
(2) 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 shall 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 or discovered by the railway carrier.
(B) The compliance plan shall include a
statement, signed by an authorized railroad representative, declaring that the
railway carrier agrees to be bound by the compliance plan.
(3) 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)(1) and
(2) 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.
(4) 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 CARB 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".
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).
2. Amendment of section and NOTE filed
7-18-2022; operative 10-1-2022 (Register 2022, No.
29).
Note: Authority cited: Sections
39600,
39601,
39618,
39658,
39659,
39666,
39667,
43013,
43018
and
43019.1,
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,
43013, 43018 and 43019.1, Health and Safety
Code.
