Cal. Code Regs. Tit. 13, § 2478.13 - Historic Railroad Low-Use Exemption

(a) A Historic Locomotive Operator may seek an exemption from the requirements in sections 2478.4 and 2478.5 for their Historic Railroad Fleet if:

(1) The Locomotive Operator meets the definition of Historic Railroad in section 2478.3; and

(2) The Locomotive Operator's entire Historic Railroad Fleet does not use more than 10,000 gallons of fuel collectively during each Calendar Year.

(b) Historic Railroad Low-Use Exemption Application. Locomotive Operators seeking the Historic Railroad Low-Use Exemption must submit an application at least 90 calendar days prior to when they would like the exemption to begin.

(c) Historic Locomotive Operators shall apply for such exemption by submitting the following information following the requirements in section 2478.15:

(1) The Historic Locomotive Operator's name and contact information, including an email address and phone number.

(2) For each Historic Locomotive in the Historic Railroad Fleet, the following information:

(A) Locomotive serial number;

(B) Locomotive Engine serial number;

(C) Locomotive Engine rated horsepower; and

(D) Average or predicted annual fuel consumption.

(d) Approval. If CARB determines that the Historic Railroad submitted a complete, accurate, and timely application as required by this section and section 2478.15, and all standards for eligibility listed in subsection (a) have been met, CARB shall approve a Historic Railroad Low-Use Exemption. The Executive Officer will notify the applicant of the approval in writing within 90 calendar days of the date the application is received by CARB.

(e) Notice of Approval. Within 45 business days after the Executive Officer has received a complete application for a Historic Railroad Low-Use Exemption, the Executive Officer shall issue a notice of approval if the application meets the requirements of this section.

(f) Notice of Disapproval. Within 45 business days after the Executive Officer has received an application for a Historic Railroad Low-Use Exemption, the Executive Officer shall issue a notice of disapproval if the application is incomplete or does not meet the requirements of this section. The Executive Officer shall summarize the application deficiencies in the notice of disapproval.

(g) Revocation. An approved Historic Railroad Low-Use Exemption does not expire, but CARB may revoke the Exemption if at any time any Historic Locomotive within the applicant's Historic Railroad Fleet does not meet the requirements of the Historic Railroad Low-Use Exemption or violates any other requirement of this Locomotive Regulation. The Executive Officer will notify the applicant in writing of the revocation.

(h) Historic Railroad Low-Use Exemptions apply starting on the date of the Notice of Approval in subsection (e) and continue unless and until the exemption is revoked.

(i) Historic Railroads that Operate under an approved exemption shall comply with all other applicable sections in this Locomotive Regulation.

Notes

Cal. Code Regs. Tit. 13, § 2478.13

Note: Authority cited: Sections 38560, 39600, 39601, 39658, 39659, 39666, 41511, 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).