Cal. Code Regs. tit. 13 § 2478.5

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 2478.5 - In-Use Operational Requirements
(a)California In-Use Locomotive Operational Requirement. Beginning January 1, 2030, all Locomotives not exempted from this section with an Original Engine Build Date prior to January 1, 2007, shall not Operate in California. Upon each subsequent January 1 after 2030, any Locomotive that is 23 years or older, based on the Original Engine Build Date, shall not Operate in California.
(1) If the Locomotive is Remanufactured or Repowered to a Cleaner Locomotive prior to January 1, 2030, the Original Engine Build Date will be based on the first year the Locomotive Engine was Remanufactured or Repowered to a Cleaner Locomotive.
(2) A Locomotive may continue to Operate in California beyond the age specified in subsection (a) if at least one of the following applies:
(A) The Locomotive has not exceeded a total of (rated hp) x (20.25) MWh of Operation since its Original Engine Build Date; or
(B) The Locomotive is Operated in a ZE Configuration at all times while in California; or
(C) At the time of operation, the Locomotive meets or exceeds the cleanest U.S. EPA Locomotive exhaust emissions standard and the Locomotive is not subject to the requirements of the below subsections (b) or (c).
(b)Switch, Industrial, and Passenger Locomotive Zero Emission Operational Requirement. Beginning January 1, 2030, any Switch, Industrial, or Passenger Locomotive with an Original Engine Build Date of 2030 or newer, or with an Original Engine Build Date that exceeds 23 years of age, shall Operate in a ZE Configuration at all times while in California.
(1) By December 1, 2027, CARB staff shall publish an assessment of the progress made in ZE Locomotive and ZE Rail Equipment technologies for use with Freight Line Haul, Switch, Industrial, and Passenger Locomotives, as well as the status of safety and infrastructure improvements that may be needed to support ZE Locomotives, and make the assessment available for public review at least 30 calendar days prior to presenting the report to the Board. If staff finds that the compliance deadlines under this Locomotive Regulation need to be adjusted forward or backward in time, the report will include recommendations to initiate staff's development of potential formal regulatory amendments.
(c)Freight Line Haul Locomotive Zero Emission Operational Requirement. Beginning January 1, 2035, any Freight Line Haul Locomotive Engine with an Original Engine Build Date of 2035 or newer, or with an Original Engine Build Date that exceeds 23 years of age, shall Operate in a ZE Configuration at all times while in California.
(1) By December 1, 2032, CARB staff shall publish an assessment of the progress, since the 2027 assessment, made in ZE Locomotive and ZE Rail Equipment technologies for use with Freight Line Haul Locomotives, as well as the status of safety and infrastructure improvements that may be needed to support ZE Locomotives, and make the assessment available for public review at least 30 calendar days prior to presenting the report to the Board. If staff finds that the compliance deadlines under this Locomotive Regulation need to be adjusted forward or backward in time, the report will include recommendations to initiate staff's development of potential formal regulatory amendments.
(d) Locomotive Operators may elect to use the Alternative Compliance Plan in section 2478.7 or the Alternative Fleet Milestone Option in section 2478.8, instead of direct compliance with the In-Use Operational Requirements in this section.

Cal. Code Regs. Tit. 13, § 2478.5

Note: Authority cited: Sections 38560, 39600, 39601, 39658, 39659, 39666, 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).