Cal. Code Regs. tit. 13 § 2477.4

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 2477.4 - Definitions
(a) For purposes of this TRU Regulation, the following definitions apply:

"Alternative Diesel Fuel" means any fuel used in diesel engines that is not commonly or commercially known, sold or represented as No. 1-D or No. 2-D, pursuant to the specification for Diesel Fuel Oils D975-81, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e.g., recalibration of the engine fuel control) may enhance performance. Examples of alternative diesel fuels include, but are not limited to, biodiesel, Fischer Tropsch fuels, and emulsions of water in diesel fuel. Natural gas is not an alternative diesel fuel. An emission control strategy using a fuel additive will be treated as an alternative diesel fuel based strategy unless:

(1) The additive is supplied to the vehicle or engine fuel by an on-board dosing mechanism, or
(2) The additive is directly mixed into the base fuel inside the fuel tank of the vehicle or engine, or
(3) The additive and base fuel are not mixed until vehicle or engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine or vehicle.

"Alternative Fuel" means natural gas, propane, ethanol, methanol, or advanced technologies that do not rely on diesel fuel, except as a pilot ignition source at an average ratio of less than 1 part diesel fuel to 10 parts total fuel on an energy equivalent basis. Alternative fuels also mean any of these fuels used in combination with each other or in combination with other non-diesel fuels. Alternative-fueled engines shall not have the capability of idling or operating solely on diesel fuel at any time.

"Alternative-Fueled Engine" means an engine that is fueled with a fuel meeting the definition of alternative fuel.

"Applicable Facility" is any of the following facilities if one or more TRUs operate within the facility fence line or legal property boundary:

(1) A Refrigerated Warehouse or Distribution Center, with a building size greater than or equal to 20,000 square feet; or
(2) A Grocery Store, with a building size greater than or equal to 15,000 square feet; or
(3) A Seaport Facility; or
(4) An Intermodal Railyard.

"Applicable Facility Operator" means any person who leases, operates, controls, or supervises an applicable facility. An applicable facility may have more than one applicable facility operator.

"Applicable Facility Owner" means the person legally holding title (or its equivalent) to an applicable facility. An applicable facility may have more than one applicable facility owner. An applicable facility owner who leases or rents the applicable facility to another party may delegate the responsibilities in this TRU Regulation to the applicable facility operator (e.g., the lessee). The applicable facility owner shall notify CARB and the applicable facility operator in writing of this delegation.

"Applicable Facility Owner/Operator" means a requirement applies to the owner or operator of an applicable facility, as determined by agreement or contract between the parties if the two are separate business entities.

"B100 Biodiesel Fuel" means 100% biodiesel fuel derived from vegetable oil or animal fat and complying with American Society for Testing Materials (ASTM) D 6751-02 and commonly or commercially known, sold, or represented as "neat" biodiesel or B100. B100 biodiesel fuel is an alternative diesel fuel.

"B100 Biodiesel-Fueled" (compression-ignition engine) means a compression-ignition engine that is fueled by B100 biodiesel fuel.

"Broker" means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation.

"Business" means an entity organized for profit including, but not limited to, an individual, sole proprietorship, partnership, limited liability partnership, corporation, limited liability company, joint venture, association or cooperative; or solely for purposes of the Prompt Payment Act (Government Code 927 et seq.), a duly authorized nonprofit corporation.

"California" means the State of California and does not include Indian Country in California under Indian or federal jurisdiction.

"California-Based TRUs and TRU Gen Sets" means TRUs and TRU gen sets equipped on trucks, trailers, shipping containers, or railcars that a reasonable person would find to be regularly assigned to terminals within California.

"CARB" means the California Air Resources Board.

"CARB Diesel Fuel" means any diesel fuel that is commonly or commercially known, sold, or represented as diesel fuel No. 1-D or No. 2-D, pursuant to the specification for Diesel Fuel Oils D975-81 and meets the specifications defined in 13 CCR 2281, 13 CCR 2282, and 13 CCR 2284.

"CARB Online System" means a CARB online system that TRU and applicable facility owners or owner/operators shall report information to for the purposes of this TRU Regulation. The CARB online system may be found at: https://arber.arb.ca.gov.

"Carbon Monoxide (CO)" means a colorless, odorless gas resulting from the incomplete combustion of hydrocarbon fuels.

"Carrier" means "motor carrier".

"Certification" means the obtaining of an Executive Order for a new off-road compression-ignition engine family that complies with the off-road compression-ignition emission standards and requirements specified in title 13 California Code of Regulations, section 2423. A "certified engine" is an engine that belongs to an engine family that has received a certification Executive Order.

"Certification Data" means the CARB Executive Order number and related exhaust emission data for each test cycle mode used to certify the engine family and obtain the certification level shown in the certification Executive Order. Such data includes modal exhaust emissions data for nitrogen oxides, nonmethane hydrocarbons, carbon monoxide, and particulate matter includes, as a minimum, torque, engine speed, weighting factor, power, mass emission rate (grams per hour), and certification test fuel.

"Class I Railroad" is a railroad that is defined as Class I by the Surface Transportation Board, which is incorporated by reference in Title 49 of the Code of Federal Regulations (CFR) Part 1201 (April 5, 2021).

"Compression Ignition (CI) Engine" means an internal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The regulation of power by controlling fuel supply in lieu of a throttle is indicative of a compression ignition engine.

"Consignee" (see receiver).

"Consignor" (see shipper).

"Cryogenic Temperature Control System" means a heating and cooling system that uses a cryogen, such as liquid carbon dioxide or liquid nitrogen that is routed through an evaporator coil that cools air blown over the coil. The cryogenic system uses a vapor motor to drive a fan and alternator, and a propane-fired heater superheats the carbon dioxide for heating and defrosting. Electrically driven fans may be used instead of a vapor motor and heating and defrost needs may be met by using electric heaters or vehicle engine coolant.

"Delegation" means entrusting by contract another party to act on the owner's behalf without forfeiture of any rights or property.

"Deterioration Factor (DF)" means a factor that is applied to the certification emission test data to represent emissions at the end of the useful life of the engine. Separate DFs apply to each measured pollutant, except that a combined NMHC+NOx DF applies to engines that do not use aftertreatment devices. Decreasing emissions over time would not be allowed to offset increasing emissions of the other pollutant in this combined DF.

"Diesel Fuel" means any fuel that is commonly or commercially known, sold, or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons - organic compounds consisting exclusively of the elements carbon and hydrogen - that is sold or represented as suitable for use in an internal combustion, compression-ignition engine.

"Diesel-Fueled" means fueled by diesel fuel or CARB diesel fuel in whole or in part, except as allowed for a pilot ignition source under the definition for "alternative fuel".

"Diesel Oxidation Catalyst (DOC)" means the use of a catalyst to promote the oxidation processes in diesel exhaust. Usually refers to an emission control device that includes a flow-through substrate where the surfaces that contact the exhaust flow have been catalyzed to reduce emissions of the organic fraction of diesel particulates, gas-phase hydrocarbons, and carbon monoxide.

"Diesel Particulate Filter (DPF)" means an emission control technology that reduces PM emissions by trapping the particles in a flow filter substrate. Periodically the collected particles are either physically removed or oxidized (burned off) in a process called regeneration.

"Diesel Particulate Matter" means the particles found in the exhaust of diesel-fueled CI engines. Diesel PM may agglomerate and adsorb other species to form structures of complex physical and chemical properties.

"Dispatch" means to coordinate delivery, pickup, and drop-off schedules of vehicles; and monitor the delivery of freight from these vehicles.

"Dispatched driver" means the driver of a truck or tractor-trailer combination that has been dispatched by a motor carrier, freight broker or forwarder, shipper, or receiver.

"Driver" means a person who physically operates a truck or tractor. Drivers may also be an owner or an operator. Drivers are not railroad engineers.

"Dual-Fuel Engine" means an engine designed to operate on a combination of alternative fuel, such as compressed natural gas (CNG) or liquefied petroleum gas (LPG), and conventional fuel, such as diesel or gasoline. These engines have two separate fuel systems, which either inject both fuels simultaneously into the engine combustion chamber or fumigate the gaseous fuel with the intake air and inject the liquid fuel into the combustion chamber.

"Effective model year" or "effective engine model year" is an alternative model-year designation (see definition of "model year") for a new replacement engine, rebuilt replacement engine, or flexibility engine when the engine does not meet, at the time of manufacture, the most stringent emission tier standard for a new engine in effect for the horsepower rating of the engine. When an engine is manufactured to meet a less stringent prior-tier emissions standard than is currently in effect, the effective model year is the last year that the prior-tier emission standard was in effect. Table 1 lists the tier standards that apply to TRUs and TRU gen sets and the corresponding effective model years.

Table 1 Effective Model Year

Prior-Tier Emissions StandardTier Standard Effective YearsEffective Model Year
Tier 1, 25-50 Hp (trailer)1999-20032003
Tier 1, under 25 Hp (truck)2000-20042004
Tier 2, 25-50 Hp (trailer)2004-20072007
Tier 2, under 25 Hp (truck)2005-20072007
Tier 4i, 25-50 hp (trailer)2008-201220121

1 Effective model year applies for this tier only after Tier 4f becomes effective in 2013 for 25 to less than 50 hp engines.

"Electric-Standby-Equipped TRU" means a TRU that is equipped with an integral diesel-fueled internal combustion engine and electric-powered motor and the refrigeration system may be driven by either the diesel-fueled internal combustion engine or the integral electric motor.

"Electronic Tracking System" means a system that meets the following criteria:

(1) The tracking device shall acquire, at a minimum, date, time, TRU engine hour meter reading, and location data at a rate of at least one reading per minute, with no more than 10 minutes data gap.
(2) The tracking device shall be capable of determining if the TRU or TRU gen set location is within California and determining the TRU engine run time in California for each day.
(3) The tracking records shall be collected by an independent entity with no business relationship to the owner or operator of the TRU or TRU gen set being tracked, other than to provide the tracking service. The data shall be stored on a server that is secure from tampering and inaccessible to the TRU or TRU gen set owner or operator, other than to download reports over the Internet. An inspector shall have free access to download reports from this website over the Internet that show the TRU or TRU gen set engine operation in California for each day.

"Emergency" means any of the following times:

(1) A failure or loss of normal power service that is not part of an "interruptible service contract."
(2) A failure of a facility's internal power distribution system, provided the failure is beyond the reasonable control of the operator.
(3) When an affected facility is placed under an involuntary "rotating outage."
(4) When the President of the United States or the Governor of the State of California declares a state of emergency related to any type of disaster where TRU-equipped trucks or trailers provide foodservice to incident responders, including but not limited to, forest fires and earthquakes.
(5) When the National Interagency Fire Center dispatches mobile catering service businesses with TRU-equipped trucks or trailers to provide foodservice to incident responders located in California.
(6) When the Executive Officer has determined that an emergency event arising from sudden and reasonably unforeseen natural disaster such as earthquake, flood, fire, or other unforeseen events that threaten public health and safety has occurred that requires the immediate temporary operation TRUs or TRU gen sets.

"Emissions Control Group" has the same meaning as defined in title 13 CCR, section 13 CCR, section 2701

"Emission Control Strategy" means any device, system, or strategy employed with a diesel-fueled CI engine that is intended to reduce emissions. Examples of emission control strategies include, but are not limited to, particulate filters, diesel oxidation catalysts, selective catalytic reduction systems, alternative fuels, fuel additives used in combination with particulate filters, alternative diesel fuels, and combinations of the above.

"Emissions Rate" means the weight of a pollutant emitted per unit of time (e.g., grams per second).

"Executive Officer" means the Executive Officer of the California Air Resources Board or his or her delegate.

"Fischer-Tropsch Diesel Fuel" See "ultra-low-aromatic synthetic diesel fuel".

"Fleet" means one or more TRUs or TRU gen sets, owned by a person, business, military installation, or government agency operating in California and subject to this TRU Regulation. A fleet does not include TRUs that do not operate in California.

"Freight Broker" means "broker", as defined herein.

"Freight Forwarder" means a person holding itself out to the general public (other than as a pipeline, rail, motor, or water carrier) to provide transportation of property for compensation and in the ordinary course of its business does the following:

(1) Assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;
(2) Assumes responsibility for the transportation from the place of receipt to the place of destination; and
(3) Uses for any part of the transportation a motor carrier or rail carrier.

"Fuel Additive" means any substance designed to be added to fuel or fuel systems or other engine-related engine systems such that it is present in-cylinder during combustion and has any of the following effects: decreased emissions, improved fuel economy, increased performance of the engine; or assists diesel emission control strategies in decreasing emissions, or improving fuel economy or increasing performance of the engine.

"Generator Set (gen set)" means a CI engine coupled to a generator used as a source of electricity.

"Global Warming Potential (GWP)" means the 100-year GWP value first published by the Intergovernmental Panel on Climate Change (IPCC) in its Fourth Assessment Working Group 1 Report (AR4) (IPCC, 2007, Forster, P., V. Ramaswamy, P. Artaxo, T. Berntsen, R. Betts, D.W. Fahey, J. Haywood, J. Lean, D.C. Lowe, G. Myhre, J. Nganga, R. Prinn, G. Raga, M. Schulz and R. Van Dorland, 2007: Changes in Atmospheric Constituents and in Radiative Forcing. In: Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M.Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA.), incorporated by reference herein; and if not contained in AR4, then the GWP Value means the 100-year GWP value published by the IPCC in its Fifth Assessment Working Group 1 Report (AR5) (IPCC, 2013, Myhre, G., D. Shindell, F.-M. Bréon, W. Collins, J. Fuglestvedt, J. Huang, D. Koch, J.-F. Lamarque, D. Lee, B. Mendoza, T. Nakajima, A. Robock, G. Stephens, T. Takemura and H. Zhang, 2013: Anthropogenic and Natural Radiative Forcing. In: Climate Change 2013: The Physical Science Basis. Contribution of Working Group I to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Stocker, T.F., D. Qin, G.-K. Plattner, M. Tignor, S.K. Allen, J. Boschung, A. Nauels, Y. Xia, V. Bex and P.M. Midgley (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA.), incorporated by reference herein.

"Grocery Store" means a retail facility that sells food products. This includes, but is not limited to establishments commonly known as supermarkets, food stores, grocery stores, food warehouses, and any other food merchandising stores.

"Highway" has the same meaning as defined in California Vehicle Code section 360.

"Hybrid Cryogenic Temperature Control System" means a temperature control system that uses a cryogenic temperature control system in conjunction with a conventional TRU.

"Hybrid electric TRU" means a TRU that is powered by an integral diesel-fueled internal combustion engine coupled to an electric generator that provides electric power to an electric motor-driven refrigeration system and fans within the same housing and is designed to control the environment of temperature sensitive products that are transported in trucks and refrigerated trailers. Hybrid electric TRUs may be capable of both cooling and heating.

"Intermodal Facility" means a facility involved in the movement of goods in one and the same loading unit or vehicle which uses successively several modes of transport without handling of the goods themselves in changing modes. Such a facility is typically involved in the transfer of refrigerated shipping containers and trailers to and from railcars, trucks, and ocean-going ships.

"Intermodal Railyard" means an intermodal facility owned or operated by a Class I Railroad.

"Interruptible Service Contract" means any arrangement in which a nonresidential electrical customer agrees to reduce or consider reducing its electrical consumption during periods of peak demand or at the request of the System Operator in exchange for compensation, or assurances not to be blacked out or other similar non-monetary assurances.

"In-Use TRU, TRU gen set, or engine" means a TRU, TRU gen set, or engine that is not a "new" TRU, TRU gen set, or engine.

"Manufacturer" means a business as defined in Government Code § 14837(c).

"Military Installation" has the same meaning as defined in title 10 United States Code § 2801(c)(4).

"Military tactical support equipment (TSE)" means equipment or vehicles that meet military specifications, are owned or operated by the U.S. Department of Defense or the U.S. military services, and are used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.

"Model Year (MY)" means the following:

(1) The designation used for engines manufactured to meet the emissions tier standard in effect for new engines at time of manufacture (see alternative designation, "effective model year", defined above); and
(2) The diesel-fueled engine manufacturer's annual production period, which includes January 1st of a calendar year, or if the manufacturer has no annual production period, the calendar year.

"Motor Carrier" means a person providing motor vehicle transportation for compensation.

"New TRU, TRU Gen Set, or Engine" means any TRU, TRU gen set, or engine that has never been subject to a retail sale or lease to an "ultimate purchaser."

"Nitrogen Oxide (NOx)" means compounds of nitric oxide (NO), nitrogen dioxide (NO2), and other oxides of nitrogen. Nitrogen oxides are typically created during combustion processes and are major contributors to smog formation and acid deposition.

"Non-California-Based TRUs and TRU Gen Sets" means TRUs and TRU gen sets that are equipped on or used in trucks, trailers, shipping containers, or railcars that a reasonable person would find to be regularly assigned to terminals outside of California and operate in California from time to time for the purpose of transporting perishable goods into or out of the state.

"Non-methane Hydrocarbons (NMHC)" means the sum of all hydrocarbon air pollutants except methane. NMHCs are precursors to ozone formation.

"Non-operational" means one of the following:

(1) Any TRU that is removed or separated from the truck, trailer, shipping container, or railcar on which it was originally mounted. This does not include TRU gen sets that are not attached to a shipping container or trailer chassis.
(2) Any trailer TRU housing that remains attached to a trailer, but the fuel tank and battery have been removed and a label with the word "NONOPERATIONAL" has been affixed or attached to the housing in letters that contrast sharply with the color of the TRU housing and may be seen from 50 feet during daylight hours when the vehicle is stationary.
(3) Any truck TRU housing that remains attached to a truck, but the positive and negative battery cables, fuel supply and return lines, and condensate drain line have been removed so that there are no visible ancillary connections to the TRU housing and a label with the word "NONOPERATIONAL" has been affixed or attached to the housing in letters that contrast sharply with the color of the TRU housing and may be seen from 50 feet during daylight hours when the vehicle is stationary.
(4) Any TRU that has no engine or fuel injection system installed, making the engine incapable of being started and a label with the word "NONOPERATIONAL" has been affixed or attached to the housing in letters that contrast sharply with the color of the TRU housing and may be seen from 50 feet during daylight hours when the vehicle is stationary.
(5) TRU gen sets that have been quarantined in a designated area that is separated from compliant TRU gen sets by a cordon or barrier with signs that read "NONCOMPLIANT -- DO NOT OPERATE IN CALIFORNIA". Bright red tags shall be affixed to the TRU gen set control panel at all times while in California that read: "NONCOMPLIANT -- DO NOT OPERATE IN CALIFORNIA". TRU gen sets may be stored in a shipping container in lieu of being quarantined in a cordoned area.

"Nonretail Delivery or Pick-up Point" means wholesale perishable goods distribution facilities or businesses in the supply chain prior to retail facilities or businesses. This includes, but is not limited to, food manufacturing facilities, shipper warehouses, transfer points, distribution centers, cold storage warehouses, and intermodal facilities where perishable goods are loaded or unloaded.

"Operate" means to start, cause to function, program the temperature controller, select an operating program or otherwise control, fuel, monitor to assure proper operation, or keep in operation. A TRU that is operational (e.g., capable of being operated) shall be considered to operate if it is in California.

"Operator" means any person, party or entity that operates a TRU or TRU gen set for the purposes of transporting perishable goods, excluding an employee driver and third party maintenance and repair service, and including but not limited to a manufacturer, producer, supplier, carrier, shipper, consignor, consignee, receiver, distribution center, or warehouse of perishable goods. An operator may also be the driver if it is also the owner (e.g., independent owner-operator).

"Original equipment manufacturer (OEM)" means any person that originally manufactured new equipment for sale in commerce. This does not include a dealer who receives new equipment for sale in commerce.

"Owner" means, except as modified by paragraphs (1), (2) or (3) below, the person legally holding title (or its equivalent) to the TRU or TRU gen set, or either the person registered as the owner or lessee of a vehicle by the California Department of Motor Vehicles or its equivalent in another state, province, or country, as evidenced on the vehicle registration document carried in the vehicle to which the TRU is attached. An owner may also be a driver or operator.

(1) Banks, other financial lending institutions, or other entities engaged in the act of financing TRUs are not owners, for the purposes of this subarticle unless they otherwise have an obligation to comply with this TRU Regulation (e.g., contractually responsible for the maintenance of a TRU under a sales or lease agreement).
(2) For a TRU-equipped truck or trailer, or TRU gen set owned by the federal government and not registered in any state or local jurisdiction, the owner means the department, agency, branch, or other entity of the United States, including the United States Postal Service, to which the vehicles in the fleet are assigned or which have responsibility for maintenance of the vehicles.
(3) For a TRU-equipped truck or trailer, or TRU gen set that is rented or leased:
(A) The owner shall be presumed to be the rental or leasing entity for purposes of compliance with section 2477.5, if:
1. The rental or lease agreement is for a period of less than one year; or
2. The rental or lease agreement is for a period of one year or longer, unless the terms of the rental or lease agreement or other equally reliable evidence identifies the party responsible for compliance with State laws that apply to TRUs to be the renting operator or lessee.

"Owner/Operator" means a requirement applies to the owner or operator of a TRU or TRU gen set, as determined by agreement or contract between the parties if the two are separate business entities.

"Particulate Matter (PM)" means the particles found in the exhaust of CI engines, which may agglomerate and adsorb other species to form structures of complex physical and chemical properties.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

"Prior-Tier Replacement Engine" means a new replacement engine manufactured under title 40 CFR, section 89.1003 and 1068.240, and title 13 CCR, section 13 CCR, section 2423(j), as those sections existed on August 31, 2012, that meets a prior tier of the new engine emissions standards than the tier of standards currently in effect at the time of manufacture.

"Rail Carrier" means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation.

"Railcar TRU" means a TRU designed to control the environment of temperature sensitive products in a railcar.

"Rated Brake Horsepower" means the power delivered, according to the statement of the engine manufacturer, at the rated speed.

"Receiver" means the person that receives shipped goods, cargo, or commodities.

"Refrigerated Trailer" means a trailer van, railcar, or shipping container equipped with a TRU or TRU gen set. Pursuant to Health and Safety Code section 39618, refrigerated trailers are mobile sources and shall be regulated by CARB on a statewide basis.

"Refrigerated Warehouse or Distribution Center (WHDC)" means a facility with cold storage used for the reception and storage of products. This includes but is not limited to cold storage warehouses, packing houses, cross-dock facilities, and 3rd Party Logistic centers.

"Retail Delivery Point" means facilities or businesses where perishable goods are delivered to retail businesses that sell these goods to end users. This includes, but is not limited to, grocery stores, convenience stores, drug stores, restaurants, and prison or school cafeterias.

"Rotating Outage" means a controlled involuntary curtailment of electrical power service to consumers as ordered by the system operator.

"Seaport Facility" means any non-military independent marine terminal or operational seaport where the seaport functions as a marine terminal operator.

"Semitrailer" means a "Semitrailer" as defined in section 550 of the California Vehicle Code.

"Shipper" means the person, party, or entity who usually owns or supplies the commodities transported by a carrier, or that has possession of freight prior to its transportation. This may include, but is not limited to, food manufacturers, processers, packing plants, temporary cold storage facilities, and distribution centers.

"Square Footage" means for properties owned and operated by one business entity, the total square footage of all buildings on that property, as calculated from the building floor plan(s) or blueprint(s) archived by the local permitting agency or records office. For businesses leasing all or part of a building, the square footage shall be the usable area, as specified in the lease agreement.

"System Operator" means one of the several organizations that control energy in California. System operators include, but are not limited to, the California Independent System Operator, the Los Angeles Department of Water and Power, the Imperial Irrigation District, the Sacramento Municipal Utility District.

"Terminal" means any place where a TRU or TRU gen set equipped truck, trailer, shipping container, railcar or TRU gen set is regularly garaged, maintained, operated, or dispatched from, including a dispatch office, cross-dock facility, maintenance shop, business, or private residence.

"Third Party Agreement Confirmation Information" means the information used to notify CARB that responsibility for reporting a TRU or TRU gen set to CARB has been delegated to the lessee or to a consultant.

"Tier 4 Nonroad/Off-road Emission Standards" means the emission standards and associated procedures promulgated by U.S. Environmental Protection Agency in "Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel; Final Rule" (Vol. 69, No. 124 Fed. Reg. pp. 38957-39273 (June 29, 2004).

"Trailer" means a semitrailer.

"Trailer TRU" means a TRU that is mounted on or in a trailer or domestic shipping container (DSC) that can be attached and detached to a tractor, commonly referenced together as a "tractor-trailer."

"Transport Refrigeration Unit (TRU)" means refrigeration systems powered by integral internal combustion engines designed to control the environment of temperature sensitive products that are transported in trucks and refrigerated trailers. TRUs may be capable of both cooling and heating.

"Truck TRU" means a TRU that is mounted on or in a truck cargo box that is permanently attached to a truck, in contrast to a detachable trailer.

"TRU Generator Set (TRU gen set)" means a generator set that is designed and used to provide electric power to electrically driven refrigeration units of any kind. This includes, but is not limited to gen sets that provide electricity to electrically powered refrigeration systems for semi-trailer vans and shipping containers.

"Ultimate Purchaser" means with respect to a new TRU, TRU gen set, or engine, the first person who in good faith purchases a new TRU, TRU gen set, or engine for purposes other than resale.

"Ultra-Low-Aromatic Synthetic Diesel Fuel" means fuel produced from natural gas, coal, or biomass by the Fischer-Tropsch gas-to-liquid chemical conversion process, or similar process that meets the following properties:

Table 2

PropertyASTMValue
Sulfur Content (ppmw)D5453-93<1
Total Aromatic Content (wt %)D5186-96<1.5%
Polynuclear Aromatic Cotent (wt %)D5186-96<0.5%
Natural Cetane NumberD613-84>74

"Ultra-Low Emission TRU (ULETRU or U)" means a TRU or TRU gen set that meets the performance standards described under subparagraphs 2477.5(c)(1) and 2477.5(c)(2) or that uses an "alternative technology" in accordance with subparagraph 2477.5(c)(3).

"Vehicle Owner" means the person registered as the owner or lessee of a vehicle by the California Department of Motor Vehicles or its equivalent in another state, province, or as evidenced on the vehicle registration document carried in the vehicle to which the TRU is attached. For example, the owner of the truck or tractor pulling a TRU equipped trailer or container.

"Verification Classification Level" means the classification assigned to a Diesel Emission Control Strategy by the Executive Officer as defined in the Verification Procedure, Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emission from Diesel Engines (13 CCR Sections 2700-2710). PM reductions correspond as follows: Level 1: >=25%; Level 2: >=50%; Level 3: >=85% or 0.01 g/hp-hr.

"Verified Diesel Emission Control Strategy" (VDECS) means an emission control strategy designed primarily for the reduction of diesel particulate matter emissions that has been verified per the Verification Procedure, Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (13 CCR Sections 2700-2710). Examples of diesel retrofit systems that may be verified include, but are not limited to, diesel particulate filters, diesel oxidation catalysts, fuel additives (e.g., fuel-borne catalysts), alternative fuels (e.g., dual fuel), alternative diesel fuels, and combinations of the above.

"Zero-Emission Fueling Infrastructure" means a fueling system that provides the appropriate fuel type to power a ZE truck TRU (e.g., electric charging infrastructure or cryogenic fueling tank and dispenser).

"Zero-Emission Truck TRU" (ZE truck TRU) means a truck refrigeration system whose operation results in zero exhaust emissions of any criteria pollutant (or precursor pollutant) or GHG under any possible operational modes or conditions. The ZE truck TRU may draw power from the truck or stored energy source that is recharged by the truck only if the truck produces zero exhaust emissions while operating. The stored energy source may not be recharged by a CI engine coupled to a generator as a source of electricity. Weight of the stored energy source does not alone qualify as "a decrease in fuel efficiency." For example, a ZE truck TRU on a diesel-powered truck may draw power from a battery that in turn is charged by a solar cell so long as the ZE truck TRU does not also draw power from the truck's internal combustion engine.

(b) The terms "lease," "leased," "lessor," and "lessee" mean the same as "rental agreement," "rented," "owner of rented vehicle," and "renter," respectively.

Cal. Code Regs. Tit. 13, § 2477.4

1. Renumbering and amendment of section 2477(d) and its subdivisions to new section 2477.4 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 43109.1, Health and Safety Code.

1. Renumbering and amendment of section 2477(d) and its subdivisions to new section 2477.4 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).