Section 2478.6 - Compliance Extensions(a) Temporary Operating Extension (1) Prior to planned Operation of a Locomotive that would be prohibited from Operation in California under this Locomotive Regulation, a Locomotive Operator may submit an application to the Executive Officer to temporarily Operate the Locomotive in California. The Operator shall submit the application to the Executive Officer at least seven business days prior to the temporary Operation of the Locomotive within California. The Executive Officer shall approve the application provided that:(A) The application contains all of the information required in subsection (a)(3);(B) The application is submitted as specified in section 2478.15;(C) The application demonstrates to the satisfaction of the Executive Officer using Good Engineering Judgment that the period of Operation specified in the application is no longer than necessary to perform the task specified in subsection (a)(1)(D); and(D) The application demonstrates to the satisfaction of the Executive Officer using Good Engineering Judgment that the purpose of the temporary Operation is to either: 1. Remove a Locomotive from California; or(2) If a Locomotive Operator cannot meet the Operation requirements of this Locomotive Regulation due to emergency events beyond their reasonable control, including, but not limited to, fires, floods, earthquakes, embargoes, epidemics, quarantines, war, acts of terrorism, riots, strikes, or lockouts, the Locomotive Operator may submit an application for a Temporary Operating Extension before or during the temporary Operation. The Executive Officer shall approve the application provided that: (A) The application contains all of the information required in subsection (a)(3);(B) The application is submitted as specified in section 2478.15; and(C) The application demonstrates to the satisfaction of the Executive Officer that temporary Operation of the Locomotive is necessary during the period of Operation specified in the application due to emergency events that are beyond the Locomotive Operator's reasonable control.(3) To obtain a Temporary Operating Extension, a Locomotive Operator shall submit the following information to CARB:(A) Locomotive Operator name and contact information, including an email address and phone number;(B) Locomotive ID number;(C) Reason for extension;(D) Specified period of temporary Operation in California;(E) An explanation of why temporary Operation of the Locomotive is necessary during that period;(F) Location(s) of Operation (i.e., route) in California;(G) An attestation meeting the requirements of subsection 2478.15 (a)(2) that the information contained in the application is true, accurate, and complete; and(H) An attestation that the Locomotive Operator shall resume meeting the requirements specified in section 2478.5 immediately following the temporary period of Operation.(4)Notice of Approval. Within three business days after the Executive Officer has received a complete application for a Temporary Operating Extension, the Executive Officer shall issue a notice of approval if the application meets the requirements of this section.(5)Notice of Disapproval. Within three business days after the Executive Officer has received an application for a Temporary Operating Extension, the Executive Officer shall issue a notice of disapproval if the application is incomplete or does not meet the requirements of this section. The Executive Officer shall summarize the application deficiencies in the notice of disapproval.(b) Compliance Extension Based on Delays Due to Compliant Equipment Manufacture Delays, Installation Delays, or Unavailability. (1)Manufacture Delays. If a Locomotive Operator cannot meet the requirements set forth in sections 2478.4, 2478.5, 2478.7, or 2478.8, due to Compliant Equipment manufacture delays beyond their reasonable control, the Locomotive Operator may submit an application for a compliance extension. The Locomotive Operator shall submit the application to the Executive Officer at least 90 business days prior to the requested start date of the compliance extension. The Executive Officer shall grant a maximum one-year compliance extension provided the following conditions are met: (A) The application contains all of the information required in subsection (b)(4);(B) The application is submitted as specified in section 2478.15;(C) The application demonstrates that Compliant Equipment is necessary to Operate a Locomotive in California, that the Locomotive would be compliant by the compliance deadline but for the delay of this Compliant Equipment, and that in the 12 months preceding the application for an extension the Locomotive Operator took reasonable steps to procure the Compliant Equipment.(D) Any Locomotive subject to this extension continues to comply with all other applicable sections of this Locomotive Regulation.(2)Installation Delays. If a Locomotive Operator cannot meet the requirements set forth in sections 2478.4, 2478.5, 2478.7, or 2478.8, due to Compliant Equipment installation delays beyond their reasonable control, the Locomotive Operator may submit an application for a compliance extension. The Locomotive Operator shall submit the application to the Executive Officer at least 90 business days prior to the requested start date of the compliance extension. The Executive Officer shall grant a maximum one-year compliance extension provided the following conditions are met: (A) The application contains all of the information required in subsection (b)(4);(B) The application is submitted as specified in section 2478.15;(C) The application demonstrates that the Compliant Equipment installation is necessary to Operate a Locomotive in California, that the Locomotive would be compliant by the compliance deadline but for the delay of this Compliant Equipment installation, and that the Locomotive Operator took reasonable steps to install the Compliant Equipment in the 12 months preceding the application for an extension; and(D) Any Locomotive subject to this extension continues to comply with all other applicable sections of this Locomotive Regulation.(3)Unavailability. If a Locomotive Operator cannot meet the requirements set forth in sections 2478.4, 2478.5, 2478.7, or 2478.8, by the applicable compliance deadline due to unavailability of Compliant Equipment, the Locomotive Operator may submit an application for a compliance extension. The Locomotive Operator shall submit the application to the Executive Officer at least 90 business days prior to the requested start date of the compliance extension. The Executive Officer shall grant a maximum one-year compliance extension, provided the following conditions are met: (A) The application contains all of the information required in subsection (b)(4);(B) The application is submitted as specified in section 2478.15;(C) The application demonstrates the absence of any suitable compliance option that can be used on or in place of the specific Locomotive and the Locomotive Operator cannot otherwise meet the Locomotive Regulation requirements; and(D) Any Locomotive subject to this extension continues to comply with all other applicable sections of this Locomotive Regulation.(4) To obtain a compliance extension, a Locomotive Operator shall submit the following information to CARB:(A) Locomotive Operator name and contact information, including an email address and phone number;(B) Identification of whether the extension is requested for section 2478.4, 2478.5, 2478.7, or 2478.8, and the reason for extension;(C) Specified period of extension (up to one year);(D) If the Locomotive Operator is applying for a compliance extension under subsection (b)(1), the following documentation:1. Copies of the purchase order of the Compliant Equipment showing the order was no later than one year before the compliance deadline; or2. Copies of an executed contract for Compliant Equipment showing agreed upon delivery dates in the contract are before the compliance deadline.(E) If the Locomotive Operator is applying for a compliance extension under subsection (b)(2), copies of an executed contract to perform installation of Compliant Equipment, dated at least 24 months prior to the compliance deadline, and documentation describing the circumstances that prevent the installation of the Compliant Equipment by the compliance deadline, and which demonstrates the absence of any other suitable compliance options that would meet the deadline. Circumstances may include delays involving:1. Obtaining construction permit(s).2. Obtaining power from a utility.5. The discovery of archeological, historical, or tribal cultural resources under the California Environmental Quality Act.(F) If the Locomotive Operator is applying for a compliance extension under subsection (b)(3), documentation describing the circumstances that prevent the purchase of Compliant Equipment by the compliance deadline, and which demonstrates the absence of any other suitable compliance options that would meet the deadline;(G) An attestation meeting the requirements of subsection 2478.15(a)(2) that the information contained in the application is true, accurate, and complete; and(H) An attestation that the Locomotive Operator shall resume meeting the applicable requirement(s) of sections 2478.4, 2478.5, 2478.7, and 2478.8 immediately following the compliance extension.(5)Notice of Approval. Within 45 business days after the Executive Officer has received a complete application for a compliance extension, the Executive Officer shall issue a notice of approval if the application meets the requirements of this section.(6)Notice of Disapproval. Within 45 business days after the Executive Officer has received an application for a compliance extension, the Executive Officer shall issue a notice of disapproval if the application is incomplete or does not meet the requirements of this section. The Executive Officer shall summarize the application deficiencies in the notice of disapproval.(7) The Executive Officer may grant successive extensions under subsection (b) provided the same procedures are followed.(c)Public Transparency. CARB shall upload any extension applications to its "Reducing Rail Emissions in California" webpage and provide notice on its webpage of any approved or disapproved extension. Applicants may identify specific portions of an application as confidential and if so, CARB shall keep such information confidential to the extent permitted under California's Public Records Act, Government Code, section 7920.000 et seq.Cal. Code Regs. Tit. 13, § 2478.6
Note: Authority cited: Sections 38560, 39600, 39601, 39658, 39659, 39666, 41511, 43013 and 43018, Health and Safety Code. Reference: Sections 39650, 39659, 41511, 43013 and 43018, Health and Safety Code.
1. New section filed 10-27-2023; operative 1/1/2024 (Register 2023, No. 43).