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cargo -- Disclosure Requirements for Renters, Dealers and Sellers of Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards

Posted: 06 Aug 2015 11:47:42
The Air Resources Board (ARB) adopted amendments to the
Regulation for Mobile Cargo Handling Equipment (CHE) at Ports and
Intermodal Rail Yards in 2011.  These amendments became effective
on October 14, 2012.   This notice reminds renters, dealers and
sellers of CHE at ports and intermodal rail yards of the
disclosure requirement, adopted in 2011, for equipment with
engines certified to Tier 4 Alternate PM off-road engine
standards.  It is also a reminder that all equipment brought onto
a port or intermodal rail yard must have engines that meet the
current engine standards.

Disclosure Requirement:  Section 2479(p) of the CHE Regulation
states:

Section 2479(p):  Disclosure of Retrofit Requirements
(1)	Any person who sells, offers for sale, leases or rents cargo
handling equipment with an engine certified to Tier 4 Alternate
PM off-road diesel engine standards, as specified in title 13,
CCR, section 2423(b)(2)(B), or an independent engine certified to
those standards that will be used in cargo handling equipment
must provide the following disclosure in writing on the bill of
sale, lease agreement, or rental agreement:  “When operated at a
California port or intermodal rail yard, this engine is subject
to the retrofit requirements of either subsection (e)(1)(B)3.,
(e)(3)(B)1.b., (e)(3)(B)2.b.,or (e)(3)(B)3.b. of the California
Air Resources Board's Regulation for Mobile Cargo Handling
Equipment at Ports and Intermodal Rail Yards.”
(2)	For purposes of this section, it shall be presumed that an
independent engine sold or leased by a person who sells cargo
handling equipment will be used to repower cargo handling
equipment.  For more information, please visit the California Air
Resources Board's website at
http://www.arb.ca.gov/ports/cargo/cargo.htm .

Note:  If you have sold or leased equipment subject to this
disclosure requirement on or after October 14, 2012, and did not
include the disclosure, please contact all buyers/lessees and
provide them with the disclosure.

Engine Requirements for Equipment Brought onto a Port or
Intermodal Rail Yard

As an additional reminder to renters, dealers and sellers, all
newly purchased, leased, or rented CHE equipment that is brought
onto a port or intermodal rail yard must have an engine that
meets the current engine requirements.  Please see section
2479(e)(1) for more information.

•	Yard Trucks:  All yard trucks must have engines that are
certified to meet either the: 
a)	2010 or later on-road emission standards, or 
b)	Tier 4 Final off road emission standards;

•	Non-Yard Equipment:  All non-yard truck equipment must have
engines that are certified to meet the either the:
a)	Current on-road emission standards; or
b)	Tier 4 off-road emission standards 

For information concerning the regulation please visit our
website or contact us directly.
CHE Website:  			http://www.arb.ca.gov/ports/cargo/cargo.htm
Michele Houghton 		(916) 327-5638 	michele.houghton@arb.ca.gov 
Kirk Rosenkranz 		(916) 327 7843 	kirk.rosenkranz@arb.ca.gov

For questions regarding the enforcement of the CHE Regulation,
please contact:
H. Cuauhtémoc Pelayo 	(626) 575-6779 	hector.pelayo@arb.ca.gov.

Background: 
Cargo handling equipment is used to transfer goods or perform
maintenance and repair activities and includes equipment such as
yard trucks (hostlers), rubber-tired gantry cranes, top handlers,
side handlers, forklifts, and loaders, just to name a few.  The
Regulation for Mobile Cargo Handling Equipment at Ports and
Intermodal Rail Yards was adopted in December 2005 to reduce
diesel particulate matter in communities located near ports and
intermodal rail yards.  

On September 22, 2011, the Air Resources Board (ARB) approved the
amendments to the Regulation for Mobile Cargo Handling Equipment
at Ports and Intermodal Rail Yards (CHE Regulation).  The
amendments established a new opacity based monitoring program for
both yard truck and non-yard truck equipment, and new retrofit
requirements for engines meeting the United States Environmental
Protection Agency (U.S. EPA) Tier 4 Family Emission Limit (FEL)
Alternate PM standards.  ARB was required to request
authorization from the U.S. EPA to enforce the new requirements. 
On April 29, 2015, the U.S. EPA authorized ARB to enforce these
provisions of the CHE regulation.  
Additional information on the regulation is available at the
following link:
http://www.arb.ca.gov/ports/cargo/cargo.htm .




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