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(continued)
4. Upon approval of the application, ARB shall issue a certificate and ARB identification number in accordance with subsection (e)(1)(E)1.e. which acknowledges early compliance with LETRU requirements and discloses the number of years delay granted, and resulting ULETRU compliance date.
5. The operator shall maintain a legible copy of the certificate in a water-tight sleeve mounted inside the TRU or TRU gen set chassis housing. The operator shall paint the identification number in clear view in accordance with subsection (e)(1)(E)1.f. on the specific TRU or TRU gen set that was granted the compliance extension.
(2) Fuel Requirements.
(A) Operators Choosing to Use Alternative Diesel Fuels. Operators choosing to use alternative diesel fuels in compression ignition TRU and TRU gen set engines to meet the requirements of subsection (e)(1) shall:
1. Maintain records in accordance with subsection (f)(1)(B) of this regulation.
2. Use only fuel that is a VDECS alternative diesel fuel that contains no conventional diesel or CARB diesel fuel in TRUs or TRU gen sets operated in California.
3. Permanently affix a label in clear view near the fill spout that identifies the proper fuel that is required to be in compliance.
4. In the event that the operator decides to revert to using conventional diesel or CARB diesel fuel, the operator shall comply with the requirements of subsection (e)(1) within 10 days of discontinuation of alternative diesel fuel use. Within 10 days of discontinuation, the operator shall notify the Executive Officer in writing of this change in fuel use and shall include an update to any ARB I.D. number application or annual report submitted to comply with subsections (e)(1)(E), (e)(1)(F), or (f)(1).
(B) Operators that Retrofit TRUs or TRU Gen Sets with a VDECS. Operators that retrofit TRUs or TRU gen sets with a VDECS that requires certain fuel properties to be met in order to achieve the required PM reduction or PM emissions shall only fuel the subject TRU or TRU gen set with fuel that meets these specifications when operating in the state of California. In addition, operators that choose a VDECS that requires certain fuel properties to be met in order to prevent damage to the VDECS or an increase in toxic air contaminants, other harmful compounds, or in the nature of the emitted PM shall only fuel the subject TRU or TRU gen set with fuel that meets these specifications.
(f) Monitoring, Recordkeeping, and Reporting Requirements.
(1) TRU and TRU Gen Set Operator Recordkeeping and Reporting.
(A) Operator Reporting.
1. All operators subject to this regulation shall submit an Operator Report to ARB by January 31, 2009 that shall include the following information:
a. Operator name, address, and contact information for the responsible official (phone number, email address, fax number).
b. List of all terminals owned or leased by the operator located within California, with address, phone number, and terminal contact name.
c. TRU and TRU gen set inventory information for each TRU and TRU gen set based in California that is owned or leased by the operator:
I. TRU or gen set make, model, model year, and serial number.
II. TRU owner, and if other than operator, owner name, address, and contact.
III. Engine make, model, model year, and serial number.
IV. Terminal(s) that the TRU is assigned to.
V. ARB TRU or TRU gen set identification number, if already issued. If the ARB identification number has not been issued or there has been a change in the other identification numbers listed below since the prior annual report, then provide the following identification numbers (as applicable):
i. Vehicle Identification Number.
ii. Vehicle license number.
iii. Railcar recording mark and car number.
iv. Shipping container number (for TRU-equipped shipping containers only).
v. Company equipment number.
VI. Compliance status with paragraph (e)(1)(A) requirements.
2. The Operator Report shall be updated within 30 days when changes to any of the above operator information occur.
a. Operator Reports shall be submitted by one of the following methods:
I. Mail or deliver a physical report to ARB at the address listed immediately below:
California Air Resources Board Stationary Source Division (TRU) P.O. Box 2815 Sacramento, CA 95812
II. Electronically submit through ARB's web site. The web address will be identified in an advisory.
3. Failure to report or submittal of false information is a violation of state law subject to civil penalty.
(B) Alternative Diesel Fuel Use and Fuel Additive Recordkeeping and Reporting.
1. Operators that choose a compliance pathway that involves the use of alternative diesel fuel in accordance with subparagraph (e)(1)(A)3.d. (e.g. B100 biodiesel fuel or ultra-low-aromatic synthetic diesel fuel) and/or a VDECS that includes the use of a fuel additive (e.g. fuel-borne catalyst) shall maintain records that document exclusive use of the chosen fuel or additive for each affected CI engine and hours of operation. Appropriate records would be copies of receipts or invoices of appropriate fuel and/or fuel additive and daily operating hour logs.
2. Records shall be kept available for a minimum of three (3) years and shall be compiled and made available to the ARB upon request.
3. Failure to keep records or submittal of false information is a violation of state law subject to civil penalty.
(2) Facility Monitoring, Recordkeeping, and Reporting.
(A) Facility Reporting. All facilities subject to this subsection shall submit a Facility Report to ARB by January 31, 2006, containing the following information, as of December 31, 2005:
1. Contact information for the facility's responsible official.
2. Provide all North American Industrial Classification System codes (NAICS) applicable to the facility.
3. The number of loading dock doors serving refrigerated storage space.
4. The number of square feet of refrigerated storage space.
5. The number of TRUs or TRU gen sets under facility control by model year and horsepower category.
6. The number of refrigerated trucks, trailers, shipping containers, or railcars leased or rented.
7. The total annual TRU engine operating hours for all TRUs or TRU gen sets under facility control during 2005 (e.g. total TRU engine operating time for both on-road and off-road operations).
8. The average weekly number of inbound refrigerated trucks, trailers, shipping containers, and railcars delivering goods to the facility during 2005, calculated by dividing the annual total inbound refrigerated loads by 52.
9. The average weekly number of outbound refrigerated trucks, trailers, shipping containers and railcars delivering goods from the facility during 2005, calculated by dividing the annual total outbound refrigerated loads by 52.
10. The average total number of hours per week that outbound TRU or TRU gen set engines operate while at the facility during 2005. 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 based on recordkeeping, conducted in accordance with subparagraph (f)(2)(B)2., 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.
11. The average total number of hours per week that inbound TRU or TRU gen set engines operate while at the facility during 2005. 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 based on recordkeeping, conducted in accordance with subparagraph (f)(2)(B)2., 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.
12. The number of refrigerated trailers (as defined) 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.
(B) Recordkeeping.
1. Recordkeeping that substantiates the information reported in the Facility Report shall be maintained and shall be compiled and made available to State inspectors upon request for a minimum of three (3) years.
2. 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 subparagraph (f)(2).
(C) Facility Report Submittals. Facility Reports shall be submitted by one of the following methods:
1. Mail or deliver a physical report to ARB at the address listed immediately below:
California Air Resources Board Stationary Source Division (TRU) P.O. Box 2815 Sacramento, CA 95812
2. Electronically submit through ARB's web site. The web address will be identified in an advisory.
(D) Failure to report or submittal of false information. Failure to report or submittal of false information is a violation of state law subject to civil penalty.
(g) Prohibitions.
(1) No person who is engaged in this State in the business of selling to an ultimate purchaser, or renting or leasing new or used TRUs or TRU gen sets, including, but not limited to, manufacturers, distributors, and dealers, shall intentionally or negligently import, deliver, purchase, receive, or otherwise acquire a new or used TRU or TRU gen set engine that does not meet the performance requirements or alternatives set forth in section (e)(1) above.
(2) No person who is engaged in this State in the business of selling to an ultimate purchaser new or used TRU or TRU gen set engines, including, but not limited to, manufacturers, distributors, and dealers, shall sell, or offer to sell, to an ultimate purchaser who is a resident of this State or a person that could reasonably be expected to do business in this State a new or used TRU or TRU gen set engine that does not meet the performance requirements or alternatives set forth in section (e)(1) above.
(3) No person who is engaged in this State in the business of renting or leasing new or used TRU or TRU gen set engines, including, but not limited to, manufacturers, distributors, and dealers, shall lease, offer to lease, rent, or offer to rent, in this state any new or used TRU or TRU gen set engine that does not meet the performance requirements or alternatives set forth in section (e)(1) above.
(4) Operators of affected facilities and operators of affected TRUs and TRU gen sets are prohibited from taking action to divert affected TRUs to alternative staging areas in order to circumvent the requirements of this section.
(h) Penalties.
(1) All persons, as defined in section 19 of the Health and Safety Code, found to be in violation of title 13, CCR, section 2477 may be cited and subject to the penalty provisions set forth in Health and Safety Code sections 39674, 39675, 42400 et seq., 42402 et seq., and 42410.
_________
[FN1] The Engine Certification value for the Low Emission TRU category corresponds to the "Interim" Tier 4 Nonroad/Offroad Emission Standards that are to go into effect in 2008.
[FN2] Not Applicable - ARB and U.S. EPA will perform a technical review in 2007 to evaluate DOC or filter-based standard for <25 hp category new engines in 2013. If a more stringent "long term" level for new tier 4 (as identified in the Tier 4 Nonroad/Offroad Emission Standards) engines is adopted by U.S. EPA for this horsepower category, the Board will consider adopting an engine certification in-use performance standard for ULETRU for <25 hp TRUs and TRU gen sets.
[FN3] The Engine Certification value for Low Emission TRU category corresponds to the "Interim" Tier 4 Nonroad/Offroad Emission Standards that are to go into effect in 2008.
[FN4] The Engine Certification value for the Ultra-Low Emission TRU category corresponds to the "Long Term" Tier 4 Nonroad/Offroad Emission Standards that will go into effect in 2012 or 2013.
[FN5] Compliance date is December 31st of the compliance year shown. "MY" means model year. Black shaded areas are years with no requirements since in-use compliance year precedes model year . Dark shaded areas without letter codes have no requirements, pending in-use compliance date. "L" means must meet LETRU in-use performance standards. "U" means must meet ULETRU in-use performance standards.
[FN6] TRUs and TRU gen sets with MY 2003 engines and subsequent MY engines shall be required to comply with ULETRU requirements by the end of the seventh year after the model year. The exception to this is .25 hp 2013 and subsequent model years, since these model years would meet ULETRU in-use performance standards as new engines.
[FN7] Compliance date is December 31st of the compliance year shown. "MY" means model year. Black shaded areas are years with no requirements since in-use compliance year precedes model year . Dark shaded areas without letter codes have no requirements, pending in-use compliance date. "L" means must meet LETRU in-use performance standards. "U" means must meet ULETRU in-use performance standards.
[FN8] TRUs and TRU gen sets with MY 2003 engines and subsequent MY engines shall be required to comply with ULETRU requirements by the end of the seventh year after the model year. The exception to this is .25 hp 2013 and subsequent model years, since these model years would meet ULETRU in-use performance standards as new engines.


Note: Authority cited: Sections 39600, 39601, 39618, 39658, 39659, 39666, 39667, 39674, 39675, 42400 et seq., 42402 et seq., 42410, 43013 and 43018, Health and Safety Code. Reference: Sections 39618, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400 et seq., 42402 et seq., 42410, 40717.9, 43013 and 43018, Health and Safety Code.



s 2480. Airborne Toxic Control Measure to Limit School Bus Idling and Idling at Schools.
(a) Purpose. This airborne toxic control measure seeks to reduce public exposure, especially school age children's exposure, to diesel exhaust particulate matter and other toxic air contaminants by limiting unnecessary idling of specified vehicular sources.
(b) Applicability. Except as provided in subsection (d), this section applies to the operation of every school bus, transit bus, school pupil activity bus, youth bus, general public paratransit vehicle, and other commercial motor vehicle as defined in subsection (h).
(c) Idling Control Measure.
(1) A driver of a school bus, school pupil activity bus, youth bus, or general public paratransit vehicle:
(A) must turn off the bus or vehicle engine upon stopping at a school or within 100 feet of a school, and must not turn the bus or vehicle engine on more than 30 seconds before beginning to depart from a school or from within 100 feet of a school; and
(B) must not cause or allow a bus or vehicle to idle at any location greater than 100 feet from a school for:
(i) more than five consecutive minutes; or
(ii) a period or periods aggregating more than five minutes in any one hour.
(2) A driver of a transit bus or of a commercial motor vehicle not identified in (c)(1):
(A) must turn off the bus or vehicle engine upon stopping at a school and must not turn the bus or vehicle engine on more than 30 seconds before beginning to depart from a school; and
(B) must not cause or allow a bus or vehicle to idle at any location within 100 feet of, but not at, a school for:
(i) more than five consecutive minutes; or
(ii) a period or periods aggregating more than five minutes in any one hour.
(3) A motor carrier of a school bus, school pupil activity bus, youth bus, or general public paratransit vehicle must ensure that:
(A) the bus or vehicle driver, upon employment and at least once per year thereafter, is informed of the requirements in (c)(1), and of the consequences, under this section and the motor carrier's terms of employment, of not complying with those requirements;
(B) all complaints of non-compliance with, and enforcement actions related to, the requirements of (c)(1) are reviewed and remedial action is taken as necessary; and
(C) records of (3)(A) and (B) are kept for at least three years and made available or accessible to enforcement personnel as defined in subsection (g) within three business days of their request.
(4) A motor carrier of a transit bus or of a commercial motor vehicle not identified in (c)(1) must ensure that:
(A) the bus or vehicle driver, upon employment and at least once per year thereafter, is informed of the requirements in (c)(2), and of the consequences, under this section and the motor carrier's terms of employment, of not complying with those requirements;
(B) all complaints of non-compliance with, and enforcement actions related to, the requirements of (c)(2) are reviewed and remedial action is taken as necessary; and
(C) records of (4)(A) and (B) are kept for at least three years and made available or accessible to enforcement personnel as defined in subsection (g) within three business days of their request.
(d) Exemptions
This section does not apply for the period or periods during which:
(1) idling is necessary while stopped:
(A) for an official traffic control device;
(B) for an official traffic control signal;
(C) for traffic conditions over which the driver has no control, including, but not limited to: stopped in a line of traffic; or
(D) at the direction of a peace officer;
(2) idling is necessary to ascertain that the school bus, transit bus, school pupil activity bus, youth bus, general public paratransit vehicle, or other commercial motor vehicle is in safe operating condition and equipped as required by all provisions of law, and all equipment is in good working order, either as part of the driver's daily vehicle inspection, or as otherwise needed;
(3) idling is necessary for testing, servicing, repairing, or diagnostic purposes;
(4) idling is necessary, for a period not to exceed three to five minutes (as per the recommendation of the manufacturer), to cool down a turbo-charged diesel engine before turning the engine off;
(5) idling is necessary to accomplish work for which the vehicle was designed, other than transporting passengers, for example:
(A) collection of solid waste or recyclable material by an entity authorized by contract, license, or permit by a school or local government;
(B) controlling cargo temperature; or
(C) operating a lift, crane, pump, drill, hoist, mixer, or other auxiliary equipment other than a heater or air conditioner;
(6) idling is necessary to operate:
(A) a lift or other piece of equipment designed to ensure safe loading, unloading, or transport of persons with one or more disabilities; or
(B) a heater or an air conditioner of a bus or vehicle that has, or will have, one or more children with exceptional needs aboard;
(7) idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to ensure the safety or health of the driver or passengers, or as otherwise required by federal or State motor carrier safety regulations; or
(8) idling is necessary solely to recharge a battery or other energy storage unit of a hybrid electric bus or vehicle.
(e) Relationship to Other Law
Nothing in this section allows idling in excess of other applicable law, including, but not limited to:
(1) Title 13 California Code of Regulations Section 1226;
(2) Vehicle Code Section 22515; or
(3) any local ordinance or requirement as stringent as, or more stringent than, this section.
(f) Penalties
(1) For each violation of subsection (c)(1), a driver of a school bus, school pupil activity bus, youth bus, or general public paratransit vehicle is subject to a minimum civil penalty of 100 dollars and to criminal penalties to the maximum extent provided by law.
(2) For each violation of subsection (c)(2), a driver of a transit bus or other commercial motor vehicle is subject to a minimum civil penalty of 100 dollars and to criminal penalties to the maximum extent provided by law.
(3) For each violation of subsection (c)(3), a motor carrier of a school bus, school pupil activity bus, youth bus, or general public paratransit vehicle is subject to a minimum civil penalty of 100 dollars and to criminal penalties to the maximum extent provided by law.
(4) For each violation of subsection (c)(4), a motor carrier of a transit bus or other commercial motor vehicle is subject to a minimum civil penalty of 100 dollars and to criminal penalties to the maximum extent provided by law.
(g) Enforcement. This section may be enforced by the Air Resources Board, peace officers as defined in California Penal Code, title 3, chapter 4.5, Sections 830 et seq. and their respective law enforcement agencies' authorized representatives, and air pollution control or air quality management districts.
(h) Definitions.
The following terms are defined for the purposes of this section:
(1) Children With Exceptional Needs. "Children with exceptional needs" means children meeting eligibility criteria described in Education Code Section 56026.
(2) Commercial Motor Vehicle. "Commercial Motor Vehicle" means any vehicle or combination of vehicles defined in Vehicle Code Section 15210(b) and any other motor truck with a gross vehicle weight rating of 10,001 pounds or more, with the following exceptions:
(A) a zero emission vehicle; or
(B) a pickup truck defined in Vehicle Code Section 471.
(3) Driver. "Driver" means any person who drives or is in actual physical control of a vehicle.
(4) General Public Paratransit Vehicle. "General public paratransit vehicle" means any motor vehicle defined in Vehicle Code Section 336, other than a zero emission general public paratransit vehicle, that is transporting school pupils at or below the 12th grade level to or from public or private schools or public or private school activities.
(5) Gross Vehicle Weight Rating. "Gross vehicle weight rating" means the weight specified by the manufacturer as the loaded weight of a single vehicle.
(6) Hybrid Electric Bus or Vehicle. "Hybrid electric bus or vehicle" means any school bus, transit bus, school pupil activity bus, youth bus, general public paratransit vehicle, or other commercial motor vehicle equipped with at least the following two sources of motive energy on board:
(A) an electric drive motor that must be used to partially or fully drive the bus or vehicle wheels; and
(B) one of the following:
(i) an internal combustion engine;
(ii) a turbine; or
(iii) a fuel cell.
(7) Idling. "Idling" means the engine is running while the bus or vehicle is stationary.
(8) Motor Carrier. "Motor carrier" means the registered owner, lessee, licensee, school district superintendent, or bailee of any school bus, transit bus, school pupil activity bus, youth bus, general public paratransit vehicle, or other commercial motor vehicle who operates or directs the operation of any such bus or vehicle on either a for-hire or not-for-hire basis.
(9) Motor Truck. "Motor truck" or "motortruck" means a motor vehicle designed, used, or maintained primarily for the transportation of property.
(10) Official Traffic Control Device. "Official traffic control device" means any sign, signal, marking or device, consistent with Section 21400 of the Vehicle Code, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, speed humps, speed bumps, or other roadway design features.
(11) Official Traffic Control Signal. "Official traffic control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.
(12) School. "School" means any public or private school used for the purposes of education and instruction of more than 12 school pupils at or below the 12th grade level, but does not include any private school in which education and instruction is primarily conducted in private homes. The term includes any building or structure, playground, athletic field, or other area of school property. The term excludes unimproved school property.
(13) School Bus. "School bus" means any school bus defined in Vehicle Code Section 545, except a zero emission school bus.
(14) School Pupil Activity Bus. "School pupil activity bus" means any bus defined in Section 546 of the Vehicle Code, except a zero emission school pupil activity bus.
(15) Transit Bus. "Transit bus" means any bus defined in Vehicle Code Section 642, except a zero emission transit bus.
(16) Youth Bus. "Youth bus" means any bus defined in Vehicle Code Section 680, except a zero emission youth bus.
(17) Zero Emission School Bus, Transit Bus, School Pupil Activity Bus, Youth Bus, General Public Paratransit Vehicle, or Other Commercial Motor Vehicle. A "zero emission school bus, transit bus, school pupil activity bus, youth bus, general public paratransit vehicle, or other commercial motor vehicle" means any bus or vehicle certified to zero-emission standards.


Note: Authority cited: Sections 39600, 39601, 39658, 39667 and 39674, Health and Safety Code; andWestern Oil & Gas Assn. v. Orange County Air Pollution Control Dist. (1975) [14 Cal.3d.411]. Reference: Sections 39002, 39003, 39027, 39500, 39600, 39650, 39655, 39656, 39657, 39658, 39659, 39662, 39665, 39674, 39675 and 42403.5, Health and Safety Code; and Section 27153, Vehicle Code.



s 2485. Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling.
(a) Purpose. The purpose of this airborne toxic control measure is to reduce public exposure to diesel particulate matter and other air contaminants by limiting the idling of diesel-fueled commercial motor vehicles.
(b) Applicability. This section applies to diesel-fueled commercial motor vehicles that operate in the State of California with gross vehicular weight ratings of greater than 10,000 pounds that are or must be licensed for operation on highways. This specifically includes:
(1) California-based vehicles; and
(2) Non-California-based vehicles.
(c) Requirements.
On or after February 1, 2005, the driver of any vehicle subject to this section:
(1) shall not idle the vehicle's primary diesel engine for greater than 5.0 minutes at any location, except as noted in Subsection (d); and
(2) shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d).
(d) Exceptions.
Subsection (c) does not apply for the period or periods during which
(1) a bus is idling for
(A) up to 10.0 minutes prior to passenger boarding, or
(B) when passengers are onboard;
(2) idling of the primary diesel-engine is necessary to power a heater, air conditioner, or any ancillary equipment during sleeping or resting in a sleeper berth. This provision does not apply when operating within 100 feet of a restricted area;
(3) idling when the vehicle must remain motionless due to traffic conditions, an official traffic control device, or an official traffic control signal over which the driver has no control, or at the direction of a peace officer, or operating a diesel-fueled APS at the direction of a peace officer;
(4) idling when the vehicle is queuing that at all times is beyond 100 feet from any restricted area;
(5) idling of the primary engine or operating a diesel-fueled APS when forced to remain motionless due to immediate adverse weather conditions affecting the safe operation of the vehicle or due to mechanical difficulties over which the driver has no control;
(6) idling to verify that the vehicle is in safe operating condition as required by law and that all equipment is in good working order, either as part of a daily vehicle inspection or as otherwise needed, provided that such engine idling is mandatory for such verification;
(7) idling of the primary engine or operating a diesel-fueled APS is mandatory for testing, servicing, repairing, or diagnostic purposes;
(8) idling when positioning or providing a power source for equipment or operations, other than transporting passengers or propulsion, which involve a power take off or equivalent mechanism and is powered by the primary engine for:
(A) controlling cargo temperature, operating a lift, crane, pump, drill, hoist, mixer (such as a ready mix concrete truck), or other auxiliary equipment;
(B) providing mechanical extension to perform work functions for which the vehicle was designed and where substitute alternate means to idling are not reasonably available; or
(C) collection of solid waste or recyclable material by an entity authorized by contract, license, or permit by a school or local government;
(9) idling of the primary engine or operating a diesel-fueled APS when operating defrosters, heaters, air conditioners, or other equipment solely to prevent a safety or health emergency;
(10) idling of the primary engine or operating a diesel-fueled APS by authorized emergency vehicles while in the course of providing services for which the vehicle is designed;
(11) idling of military tactical vehicles during periods of training; and
(12) idling when operating equipment such as a wheelchair or people assist lift as prescribed by the Americans with Disabilities Act;
(e) Relationship to Other Law.
Nothing in this section allows idling in violation of other applicable law, including, but not limited to:
(1) California Vehicle Code Section 22515;
(2) Title 13, Section 2480, California Code of Regulations;
(3) California Health and Safety Code Section 40720; or
(4) any applicable ordinance, rule, or requirement as stringent as, or more stringent than, this section.
(f) Enforcement. This section may be enforced by the Air Resources Board; peace officers as defined in California Penal Code, title 3, chapter 4.5, Sections 830 et seq. and their respective law enforcement agencies' authorized representatives; and air pollution control or air quality management districts.
(g) Penalties. For violations of subsection (c)(1) or (c)(2), the driver of a subject vehicle is subject to a minimum civil penalty of 100 dollars and to criminal penalties as specified in the Health and Safety Code and the Vehicle Code.
(h) Definitions.
The following definitions apply to this section:
(1) "Authorized emergency vehicle" is as defined in Vehicle Code Section 165.
(2) "Auxiliary power system" or "APS" means any device that provides electrical, mechanical, or thermal energy to the primary diesel engine, truck cab, or sleeper berth as an alternative to idling the primary diesel engine.
(3) "Bus" means any vehicle defined in Title 13, California Code of Regulations, Section 2480, subsections (h) (13)-(16), inclusive or as defined in the Vehicle Code Section 233.
(4) "Commercial Motor Vehicle" means any vehicle or combination of vehicles defined in Vehicle Code Section 15210(b) and any other motor truck or bus with a gross vehicle weight rating of 10,001 pounds or more, except the following:
(A) a zero emission vehicle; or
(B) a pickup truck as defined in Vehicle Code Section 471.
(5) "Driver" is as defined in Vehicle Code Section 305.
(6) "Gross vehicle weight rating" is as defined in Vehicle Code Section 350.
(7) "Highway" is as defined in Vehicle Code Section 360.
(8) "Idling" means the vehicle engine is running at any location while the vehicle is stationary.
(9) "Motor truck" or "motortruck" means a motor vehicle designed, used, or maintained primarily for the transportation of property.
(10) "Official traffic control device" is as defined in Vehicle Code Section 440.
(11) "Official traffic control signal" is as defined in Vehicle Code Section 445.
(12) "Owner" is as defined in Vehicle Code Section 460.
(13) "Primary diesel engine" means the diesel-fueled engine used for vehicle propulsion.
(14) "Queuing" means (A) through (C)
(A) the intermittent starting and stopping of a vehicle;
(B) while the driver, in the normal course of doing business, is waiting to perform work or a service; and
(C) when shutting the vehicle engine off would impede the progress of the queue and is not practicable.
(D) Queuing does not include the time a driver may wait motionless in line in anticipation of the start of a workday or opening of a location where work or a service will be performed.
(15) "Restricted area" means any real property zoned for individual or multifamily housing units that has one or more of such units on it.
(16) "Safety or health emergency" means:
(A) a sudden, urgent, or usually unforeseen, occurrence; or
(B) a foreseeable occurrence relative to a medical or physiological condition.
(17) "Sleeper berth" is as defined in Title 13, California Code of Regulations, Section 1265.
(18) "Vehicle" is as defined in the Vehicle Code Section 670.


Note: Authority cited: Sections 39600, 39601, 39614(b)(6)(A), 39658, 39667, 43000.5(d), 43013(b), 43013(h), 43018(b) and 43018(c), Health and Safety Code; andWestern Oil & Gas Assn. v. Orange County Air Pollution Control Dist.(1975), 14 Cal.3d.411. Reference: Sections 39002, 39003, 39027, 39500, 39600, 39650, 39655, 39656, 39657, 39658, 39659, 39662, 39665, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3, 42402, 42402.1, 42402.2, 42402.3, 42403.5, 42410, 43013 and 43018, Health and Safety Code; Sections 305, 336, 350, 440, 445, 545, 546, 642, 680, 21400, 22452, 22515, 27153, 40001 and 40001(b)(5), Vehicle Code; and Sections 1201, 1900, 1962 and 2480, Title 13, California Code of Regulations.



s 2500. Phase-Out of CFC Refrigerants in New Motor Vehicle Air Conditioning Systems for Model Years 1993 and Subsequent.
(a) Applicability
This section is applicable to all new 1993 and subsequent model year motor vehicles which are sold, supplied, or offered for sale in California on or after January 1, 1993, and which are either (1) certified pursuant to article 2 (commencing with section 1950) or article 7 (commencing with section 2047) of Chapter 1, Division 3, Title 13, California Code of Regulations; or (2) federally certified vehicles which are sold in California pursuant to Health and Safety Code Section 43102; or (3) heavy-duty diesel-powered motor vehicles, with the exception of such vehicles which are classified as "off-road vehicles" as defined in section 2421(a)(19) of Chapter 11, Division 3, Title 13, California Code of Regulations.
(b) Definitions
The definitions of this section supplement and are governed by the definitions set forth in Chapter 2 (commencing with section 39010), Part 1, Division 26 of the Health and Safety Code. The following definitions shall also govern the provisions of this section:
(1) "Authorized dealership" means any dealership to which a manufacturer supplies new motor vehicles for the purpose of reselling such vehicles to the ultimate purchaser.
(2) "Authorized supplier" means any person supplying, to a manufacturer's authorized dealership, air conditioning systems which may be installed in a new motor vehicle under warranty from the manufacturer.
(3) "Calendar quarter" means any of those three-month periods of time which start on the first days of January, April, July, and October.
(4) "CFC refrigerants" means any of the compounds commonly known as Chlorofluorocarbon-11 (CFC-11 or trichlorofluoromethane) or Chlorofluorocarbon-12 (CFC-12 or dichlorodifluoromethane).
(5) "Dealership" shall have the same meaning as the term "dealer", as defined in section 285 of the Vehicle Code.
(6) "Executive Officer" means the Executive Officer of the Air Resources Board, or his or her delegate.
(7) "Factory-installed" means installed at a manufacturer's motor vehicle production facility or port-of-entry facility.
(8) "Incomplete vehicle" means any vehicle which does not have the primary load carrying device or container attached by the original manufacturer.
(9) "Manufacturer" means any person engaged in the production of new motor vehicles from raw materials or new basic components, in order to sell such vehicles for money or other thing of value. Except as noted below, for a vehicle which is produced by one manufacturer and sold to a dealership or the ultimate purchaser by another manufacturer, the manufacturer for whom the requirements of this section are applicable shall be the manufacturer who sells, supplies, or offers the vehicle for sale to the dealership or the ultimate purchaser.
For incomplete vehicles only, the manufacturer for whom the requirements of this section are applicable shall be the initial manufacturer who predetermines the type of air conditioning system, if the air conditioning system that is ultimately installed is the same as the predetermined system. If the air conditioning system that is ultimately installed is not the same as the predetermined system, the manufacturer for whom the requirements of this section are applicable shall be the manufacturer who ultimately installs the air conditioning system. For the purposes of this section, "predetermine" means to either (1) manufacture or physically configure the vehicle in such a way, or (2) partially install the compressor, condenser, or other air conditioning components in such a way, that the specific configuration or installation is compatible with an air conditioning system that uses only one particular type of refrigerant.
(10) "Motor vehicle," as used in this section 2500, means those categories of motor vehicles that are specified in subsection (a).
(11) "Port-of-entry facility" means a facility at which a manufacturer's vehicles first arrive in the United States, and at which vehicles originally produced without vehicle air-conditioning systems may have such systems installed.
(12) "Small-volume manufacturer" means any manufacturer which sells less than 3000 new motor vehicles in California during the applicable model-year.
(13) "Vehicle air-conditioner" means any mechanical vapor compression refrigeration equipment used to cool the driver's or passenger compartment of any motor vehicle. "Vehicle air-conditioning system" has the same meaning as "vehicle air-conditioner."
(c) Percentage of Air-Conditioner-Equipped New Motor Vehicles Which May Use CFC Refrigerants for Vehicle Air Conditioning.
(1) Unless an applicable exemption has been granted pursuant to subsection (e), each manufacturer's percentage of air-conditioner equipped new motor vehicles that are sold, supplied, or offered for sale in California, and use or contain any CFC refrigerant for air-conditioning, shall not exceed the following percentages for the specified model years during the specified time periods:
Maximum Vehicle
Model Year Time Period Percentage
1993 and 1994 January 1, 1993-
December 31, 1993 90 [FNa1]
1994 and 1995 January 1, 1994-
December 31, 1994 75 [FNa1]
1995 September 1, 1994-
December 31, 1994 10

[FNa1] These requirements shall not apply to small volume manufacturers.
Compliance with the "maximum vehicle percentage" requirements shall be determined as set forth in subsections (d)(3) and (d)(4).
(2) Effective January 1, 1995, no person shall sell, supply, or offer for sale in California any new 1995 or later model-year motor vehicle using any CFC refrigerant for vehicle air conditioning.
(3) Unless an applicable exemption has been granted pursuant to subsection (e), any person who fails to meet the requirements of subsections (c)(1) or (c)(2) shall be subject to the civil penalties specified in Health and Safety Code section 44474. For the purposes of Health and Safety Code section 44474:
(A) Any cause of action against a manufacturer under subsection (c) shall be deemed to accrue on the date(s) when the records required pursuant to subsection (d)(4) are submitted by a manufacturer to the Executive Officer, and
(B) A separate "incident" of violation shall be deemed to have occurred: 1. for each new motor vehicle which is sold, supplied, or offered for sale in California in excess of the allowable percentages specified in subsection (c)(1); or 2. for each new motor vehicle which is sold, supplied, or offered for sale in violation of subsection (c)(2); or 3. for each day in which a manufacturer fails to submit any required report by the time deadlines specified in subsection (d).
(d) Reporting Requirements and Compliance Determination
(1) No later than 30 days prior to the start of each calendar year, each manufacturer shall submit to the Executive Officer a good faith statement describing whether, during the following calendar year, compliance with the phase-out percentages specified in subsection (c)(1) will be achieved, or whether an exemption will be applied for.
(2) Commencing with the calendar quarter which begins on January 1, 1993, each manufacturer shall submit to the Executive Officer a quarterly report within 45 days of the end of each calendar quarter. Each quarterly report shall list the number and the model year of all air-conditioned-equipped new motor vehicles produced and delivered for sale in California by the manufacturer during the immediately preceding quarterly period, and the number and percentages of these vehicles using factory-installed CFC and non-CFC vehicle air-conditioning systems. For 1995 model-year vehicles only, the quarterly report for the period October-December 1994 shall also include the above information for the period September-December 1994.
(3) Commencing with the 1993 calendar year, each manufacturer shall submit to the Executive Officer an annual report within 45 days of the end of each calendar year. Each annual report shall list the number and model year of all air-conditioner-equipped new motor vehicles produced and delivered for sale in California by the manufacturer during the immediately preceding calendar year. Each annual report shall also include the number and percentage of these vehicles using factory-installed CFC air-conditioning systems (F a) and factory-installed non-CFC air-conditioning systems (F b). Each report shall also include the percentage of the manufacturer's total production of new motor vehicles produced and delivered for sale in California with factory-installed vehicle air-conditioning systems during the immediately preceding calendar year (CY 1), and during each of the calendar years prior to the immediately preceding calendar year (CY 2, CY 3, and CY 4).
Provided that the quantity CY 1 is greater than or equal to 0.95 times the average of CY 2, CY 3, and CY 4, then (A) compliance with the "maximum vehicle percentage" requirements of subsection (c)(1) for each model year during the applicable time period shall be determined by comparison of F a with the applicable "maximum vehicle percentage" requirements, and (B) the manufacturer shall not be subject to the provisions set forth in subsection (d)(4).
(4) If the quantity CY 1 is less than 0.95 times the average of CY 2, CY 3, and CY 4, the manufacturer shall supplement the information contained in the annual report within 60 days of submitting the report to the Executive Officer. The supplemental information shall detail the number and model year of new motor vehicles sold to the ultimate purchaser: (A) without air-conditioning, (B) with non-CFC manufacturer-warranted vehicle air-conditioner systems installed by the manufacturer's authorized dealerships, and (C) with CFC manufacturer-warranted vehicle air-conditioner systems installed by the manufacturer's authorized dealerships. The supplemental information shall then be used to determine the "actual percentage" of a manufacturer's air-conditioned-equipped new motor vehicles, sold during the applicable time periods, that use or contain CFC refrigerants. Compliance with the "maximum vehicle percentage" requirements of subsection (c)(1) shall be based on a comparison of this "actual percentage" with the applicable "maximum vehicle percentage" requirement.
(5) The reporting requirements of this subsection (d) shall cease to apply for any manufacturer that has submitted an annual report demonstrating that no new motor vehicles equipped with CFC- refrigerant air-conditioning systems were produced and delivered for sale by the manufacturer in California.
(6) Notwithstanding the provisions of subsections (d)(1) and (d)(2), small volume manufacturers shall not be required to (A) submit any quarterly reports for the time period from January 1, 1993, to August 31, 1994, or (B) submit annual reports for the 1993 or 1994 calendar years.
(e) Exemptions
(1) Any manufacturer who cannot comply with the requirements set forth in subsection (c) may apply in writing to the Executive Officer for an exemption. The exemption application form shall set forth:
(A) the specific grounds upon which the exemption is sought;
(B) the proposed date(s) by which compliance with the provisions of subsection (c) will be achieved; and
(C) a plan reasonably detailing the method(s) by which compliance will be achieved.
(2) Within 90 days of receipt of an exemption application containing the information required in subsection (e)(1), the Executive Officer shall determine whether, under what conditions, and to what extent, an exemption from the requirements of subsection (c) is necessary and will be permitted.
(3) No exemption shall be granted unless all of the following findings are made:
(A) that, because alternatives to CFC refrigerants are not yet available or in sufficient supply, or because a manufacturer requires additional time to redesign and produce vehicle air conditioning systems, requiring compliance with subsection (c) would result in a severe economic hardship;
(B) that the compliance plan proposed by the manufacturer can reasonably be implemented and will achieve compliance as expeditiously as possible.
(4) The exemption order shall specify a final compliance date by which the requirements of subsection (c) will be achieved. Any exemption order may contain a condition which specifies increments of progress necessary to assure timely compliance, and such other conditions as the Executive Officer finds necessary to carry out the purposes of Health and Safety Code sections 44470-44474. No exemption shall allow an extension of more than two years for any of the time deadlines specified in subsection (c).
(5) An exemption shall cease to be effective upon failure of the party to whom the exemption was granted to substantially comply with any condition specified in the exemption order.
(6) The Executive Officer may review, and for good cause, modify or revoke an exemption as is necessary to assure that the purposes of Health and Safety Code Sections 44470-44474 are met. The Executive Office shall not revoke or modify an exemption without first affording the manufacturer an opportunity for a hearing in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to determine if the exemption should be modified or revoked.


Note: Authority cited: Sections 39600, 39601 and 44473, Health and Safety Code. Reference: Sections 39002, 39003 and 44470-44474, Health and Safety Code; and Section 338(k), Code of Civil Procedure.


s 2600. Purpose.
(a) The provisions of this article apply to the generation of emission reduction credits through the accelerated retirement of light-duty on-road motor vehicles, including passenger cars and light-duty trucks.
(b) Within five years from the effective date of adoption or date of implementation, whichever comes later, the Air Resources Board, in consultation with the Secretary for Environmental Protection, shall review the provisions of this chapter to determine whether it should be retained, revised or repealed.


Note: Authority cited: Sections 39600, 39601 and 44101, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100 and 44101, Health and Safety Code.



s 2601. Definitions.
(a) "voluntary accelerated vehicle retirement" ( "VAVR") means the use of cash payments or other incentives to encourage a vehicle owner to voluntarily retire his or her vehicle from service earlier than otherwise would have occurred;
(b) "Inspection and Maintenance Program" ( "I/M") or "Smog Check" means the motor vehicle inspection program established by the Health and Safety Code section 44000, et seq.; (continued)