A California trial court has ruled that the California Air Resources Board cannot collect a $30 fee as part of an update to its transport refrigeration unit (TRU) emissions regulations.
CARB adopted those regs, called the "Airborne Toxic Control Measure for In-Use Diesel‑Fueled TRU and TRU Generator Sets, and Facilities Where TRUs Operate" rules (TRU ATCM), in 2004 and has amended them multiple times since, including most recently in 2022.
Notably, TRU ATCM reg is not the only one in which CARB is attempting to collect fees from operators for compliance. The court's ruling could have implications for CARB's new Clean Truck Check program, which puts in place an emissions-testing program for trucks registered in California, as well as those operating within the state but registered elsewhere.
The 2022 TRU ATCM amendments as written would have required carriers and owner-operators operating diesel-fueled reefer units to newly pay a $30 operating fee and affix a CARB-issued compliance label to both sides of the reefer-unit housing every three years. The requirement applied to all operators, regardless of whether they are registered in or outside California.
The TRU ATCM rule has required California-based TRUs to be reported to CARB since July 31, 2009. The 2022 amendments expand the reefer reporting requirements to all that operate in California, including out-of-state-based units. Reporting of out-of-state-based reefers that operate in California begins Dec. 31, 2023.
[Related: California 'not' dreaming: CARB year-end deadlines getting real for truckers]
Owners can report their reefers to CARB by applying for a CARB identification number (IDN) through the CARB online system. More information on reporting a unit to CARB can be found here.
