The California Air Resources Board (CARB) held a public hearing recently and approved amendments to the Transport Refrigeration Unit (TRU) regulation. These amendments are designed to provide flexibility, improve enforceability, improve compliance rates, and clarify existing requirements.
The board sustained the seven-year operational life for model year (MY) 2004 and newer reefer engines because there is concern that the cancer risk near distribution centers where reefers congregate is too high. As a result, owners of MY 2004 reefer engines must order compliance equipment soon in order to comply by the end of 2011.
One amendment adopted allows compliance dates to be extended for a limited time if compliance equipment has been ordered, but there is a delay in delivery or installation that prevents compliance by the deadline. TRU owners must make their compliance commitments early enough to take into account delivery, installation, holidays, and year-end lead times.
Specifically, for MY 2004 engines, owners must make a good-faith effort to comply by the end of 2011. Purchase orders for compliance equipment need to be placed as soon as possible. If MY 2004 compliance cannot be achieved by December 31, 2011, due to delays in delivery or installation, reefer owners may apply for an extension.
To qualify for this extension, the reefer must be registered in ARBER (Air Resources Board Equipment Registration) and an extension application with supporting documentation must be received at CARB by Dec 31, 2011.
In the next few weeks, CARB staff will provide more guidance on how to apply for an extension, including documentation (for example, a purchase order showing the date the order was placed and an updated delivery/installation schedule) that must be submitted with the application. Extensions will be considered on a case-by-case basis. A similar amendment allows compliance dates to be extended up to a year if no suitable compliance option exists for a particular reefer model—also on a case-by-case basis.
Other amendments were also adopted. CARB will issue a regulatory advisory with more details about the amendments in the coming months. The amended regulatory language is in Appendix A of the Staff Report: Initial Statement of Reasons at www.arb.ca.gov/regact/2011/tru2011/tru2011.htm.
More details about the TRU ATCM (Airborne Toxic Control Measure) are at www.arb.ca.gov/diesel/tru/tru.htm.
Call the TRU Helpline at 1-888-878-2826 or 916-323-0561 with questions about compliance.