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cargo -- Cargo-Handling Regulation - Amendments

Posted: 08 Jan 2013 15:09:10

The Office of Administrative Law has approved the Air Resources
Board’s 2011 amendments to the 2005 Cargo Handling Equipment
(CHE) Regulation. These amendments became effective October 14,

This email offers a brief explanation of the amendments and
provides additional information on implementation. The final
regulatory language describing the amendments can be accessed
here: http://www.arb.ca.gov/regact/2011/cargo11/finalfro.pdf. 

Low Use Extension

This option (section (f)(6)) provides a two-year extension from
the original compliance date for equipment operating less than
200 hours per year. 

A full two-year extension is not available for equipment with
compliance dates that have already passed.  For example, low-use
equipment with an original compliance date of December 31, 2011,
could be granted a low-use compliance extension, but only until
December 31, 2013.  CHE owners/operators interested in a low-use
extension must submit an application to ARB staff.  

Transfers of Non-yard Truck Equipment 

This provision (section (c)(3)) allows the transfer of non-yard
truck equipment between two ports or intermodal railyards under
the same control or ownership. The equipment transfer cannot be
used to meet compliance requirements.  Prior to transferring CHE
from one facility to another under the same ownership,
owners/operators must apply to, and receive approval from, ARB -
per section (k) of the amended regulation.  

Opacity Monitoring 

Another amendment (sections (e)(2)(A)5. and (e)(3)(A)3.) requires
opacity monitoring for all equipment subject to the CHE
regulation with the exception of equipment less than four years
old. To enforce the opacity-monitoring requirements, ARB will
request authorization from U.S. EPA and will not enforce until
granted authorization.  However, it is prudent for CHE
owner/operators to prepare for this event by either having staff
certified to conduct monitoring or prepare to obtain these
services through service contracts.  

For more information regarding this advisory or technical
questions concerning the regulation, please visit our web site at
http://www.arb.ca.gov/cargo or contact Ms. Michele Houghton at
916.327.5638, or via e-mail at mhoughto@arb.ca.gov.

For information on enforcement of mobile cargo-handling equipment
regulations, please contact Mr. H. Cuauhtémoc Pelayo at
626.575.6779, or via e-mail at hpelayo@arb.ca.gov.  

Background - Mobile Cargo-Handling Equipment at Ports and
Intermodal Rail Yards Regulation
The regulation applies to all diesel powered cargo handling
equipment operating at California’s ports and intermodal rail
yards.  Cargo-handling equipment is all equipment used to
transfer goods or perform maintenance and repairs, and includes:
yard trucks (hostlers), rubber-tired gantry cranes, top handlers,
side handlers, forklifts, and loaders.  Adopted in December 2005,
the regulation is designed to reduce diesel particulate matter in
communities located near ports and intermodal rail yards.

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