CARB issues first fine under 2004 TRU regulations

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As of January 1, 2013, trucks and 53-foot trailers operating in California are subject to more stringent requirements under regulations being implemented by the California Air Resources Board (CARB). The new restrictions include:

  • Trucks with 2000 to 2004 engines must be retrofitted with diesel particulate filters unless they are part of a fleet phase-in or qualify for an exception;
  • Trucks operating at the state’s ports or rail yards must have 2007 or newer engines;
  • Trucks that are 2010 models or older and pulling 53-foot or longer box-type trailers need to use SmartWay verified tires or retreads when replacing their worn-out tires; and
  • 53-foot or longer box-type trailers must have SmartWay verified aerodynamics unless they are part of a fleet phase-in or qualify for an exception.

To learn what regulations may apply to your fleet when operating in California, visit CARB’s Truck Stop website.

Additionally, all transport refrigeration units (TRUs or "reefers") based outside California that operate in California must meet retrofit requirements based on the TRU engine's model year. Every California-based TRU and TRU generator set must be registered and operator reports must be submitted and kept current. To meet requirements, TRU engines may be retrofitted with a PM filter or replaced with newer engines. All TRU engines can operate for seven years after the engine model year, before any additional upgrades are required. Beginning January 1, 2013, a business entity that hires reefer carriers (e.g. brokers, forwarders, shippers or receivers) must only hire carriers that supply compliant TRUs. Similarly, repair facilities have certain reporting requirements (13 C.C.R. 2477.16) and retailers of TRUs have certain disclosure requirements (13 C.C.R. 2477.18).

The CARB has wasted no time enforcing these regulations. In February, the San Bernardino County Superior Court has fined Foster Enterprises, an Ontario-based refrigerated transportation and cold storage business, $300,000 after a California Air Resources Board investigation revealed that the company failed to upgrade older diesel engines in its refrigerated trailer fleet as required to meet current California emissions standards.

The case resulted in the first court-imposed fine issued under CARB’s 2004 Transport Refrigeration Unit (TRU) regulation. The company will pay $200,000 and the balance of the fine will be stayed, as long as they comply with the terms in the judgment handed down by the San Bernardino County Superior Court, and keep their fleet updated as required.

TRU Advisory 13-25 explains CARB's enforcement plan for the broker, forwarder, shipper, receiver, carrier, and driver requirements which became effective January 1, 2013, under CARB's TRU Regulation. These requirements will help ensure that TRU owners that have invested in cleaner equipment are not at a competitive disadvantage relative to noncompliant carriers.

If you are faced with a CARB investigation or notice of violation, to try to lower your exposure, make sure to contact knowledgeable legal counsel to assist you in developing an appropriate investigation and response plan. In the meantime, I highly recommend that you seek compliance guidance on how to implement these requirements as it appears that CARB is actively enforcing these regulations.