CARB TRU deadlines imminent despite heavy opposition from trucking
TRU rules are applicable to commercial 18-wheelers, straight trucks, shipping containers and rail cars.
By DOROTHY COX
The Trucker Staff
7/24/2009
SACRAMENTO, Calif. — California-based truckers and those who haul to and from the Golden State continue to be plagued by California Air Resources Board (CARB) regulations, and although the agency has extended part of its deadline for transport refrigeration units or TRUs, the units have to be registered beginning in August for those based in California and truckers based outside the state must meet compliance deadlines beginning Dec. 31.
TRU rules are applicable to commercial 18-wheelers, straight trucks, shipping containers and rail cars.
According to CARB spokesman Dimitri Stanich, registration for out-of-state TRUs is voluntary, but he said those who do register will find the inspection process greatly expedited. He noted that truckers based out of state may register at any time and that it’s free.
The emissions compliance deadlines are for both in-state truckers and those based outside California and are on a seven-year rolling cycle, with model 2002 TRUs and older due to be compliant by the end of this year, model 2003 and older units compliant by 2010; model 2004 and older units by 2011 and so on.
CARB had to get authorization from the federal Environmental Protection Agency (EPA) to enforce its TRU rules because a state’s regulation of engine standards is usually preempted by federal law. It received EPA clearance this past January.
CARB said that given EPA’s delay in approving its request it extended the original deadline of this past January to the middle of last month. However, TRU owners with the older technologies were having a hard time meeting the July deadline. So CARB instituted a revamped, two-part deadline:
“In the first phase, CARB staff will begin enforcing the registration/reporting requirements in August [for in-state TRUs]. In the second phase, CARB staff will begin enforcing the performance [compliance] requirements for [all] pre-2002 TRUs in early January 2010.
“TRU owners will need to ensure that pre-2002 TRUs comply with the performance requirements by the end of the year. Compliance dates for 2002 and newer model year TRU engines are unchanged.”
The agency said it pushed back its deadline because of a number of factors including a higher cost of compliance than originally thought; a longer lead time for delivery of the equipment and tightening credit.
ATA bitterly opposed
The American Trucking Associations has protested CARB’s TRU requirements every step of the way, calling them “costly and burdensome for the trucking industry.”
The lobbying group sued in March over EPA’s giving CARB the TRU green light. Clayton Boyce, ATA’s vice president of public affairs and press secretary, said ATA is arguing that “the [CARB] waiver [from EPA] should not have been granted because it will impose engine emission standards not just on California-based trailers equipped with TRUs, but also on hundreds of thousands of trailers based out-of-state.
“ATA submits that this creation of a de facto national standard is contrary to the Clean Air Act. CARB has twice delayed enforcement of the new standard.” Opposition also has come from the Truck Renting and Leasing Association, among others.
CARB first adopted its Airborne Toxic Control Measure (ATCM) for TRUs in 2004, concluding that large numbers of trucks with TRUs congregated at distribution centers, truck stops and other places were contaminating the air with harmful toxins.
Compliance options include replacing the older TRU with one that’s seven years old or less; repowering the unit with an engine newer than seven years old; retrofitting with a diesel particulate filter (DEF) that has been verified by CARB or running only CARB-compliant equipment.
Fletcher R. Hall, chairman and CEO of a Washington-based public affairs and consulting group that deals extensively with agri transport issues, said California grocery stores are really struggling with the rules because they run so many refrigerated units.
“Most of the trucks that come through California are the newer trucks whereas those operating in California are the older ones that need TRU installation at about $7,000 a unit,” he said.
He’s concerned CARB’s regulations could spread across the country because he said EPA under the current administration is more politically active and could potentially use some of CARB’s rules as a guideline for national environmental policy.
CARB gives the following registration guidelines:
“You may apply for California Air Resources Board Identification Numbers (IDN) electronically, on the Internet, using the Air Resources Board's Equipment Registration (ARBER) system
(http://www.arb.ca.gov/arber/trureg/trureg.htm).
“If you are the owner of a TRU that is based outside of California, applying for an IDN is voluntary. Contact the TRU helpline at (888) TRU-ATCM. Or call (888) 878-2826 for assistance with registration.
“Be aware that 30 days after compliance with the in-use performance standards, compliance information must be entered into ARBER for each California-based unit so that an IDN can be issued.
“Operator reports for California terminals where TRUs operate must also be updated to add new IDNs. IDNs must be affixed to both sides of the TRU housing within 30 days of receipt.
“In August, CARB staff will begin enforcement of the registration requirement. When staff finds an unregistered vehicle they will issue a citation to the owner/operator of the TRU, require registration within 30 days, and assess a fine.”
Dorothy Cox of The Trucker staff can be reached to comment on this article at editor@thetrucker.com.
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